WAG 21-02-05-c.

An employer may not use a client if it would result in:

  • the displacement or partial displacement of current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or
  • the filling of a position that would otherwise be a promotional opportunity for current employees; or
  • the filling of a position created by or causing termination, layoff, a hiring freeze, or a reduction in the workforce; or
  • the placement of a client in any established unfilled vacancy; or
  • the performance of work by a client if there is a strike, lockout, or other labor dispute in which the employer is engaged.

An employer who wishes to take part in Work Experience shall notify the appropriate labor organization in accordance with the applicable State statute [305 ILCS 5/9A-13].

Clients, other employees at the worksite, or their representatives may file a written grievance with the Department if they believe the client's work assignment is causing displacement. The Department conducts an in-person conference within 10 days of receipt of a written grievance. A written notice of decision is sent to all parties within 15 days of the conference. If the Department concludes that displacement occurred, the work assignments to that employer that have cause displacement are ended.

The Department, its employees, and the employer shall not retaliate when a grievance is filed under this policy. Retaliation by the employer shall result in termination of their Work Experience agreement.