Sen. Melinda Bush
Filed: 5/17/2018
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1 | AMENDMENT TO SENATE BILL 577
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2 | AMENDMENT NO. ______. Amend Senate Bill 577 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Article 1. | ||||||
5 | Section 1-1. Short title. This Article may be cited as the | ||||||
6 | Sexual Harassment No Contact Order Act. References in this | ||||||
7 | Article to "this Act" mean this Article. | ||||||
8 | Section 1-5. Purpose. Sexual harassment is a form of sex | ||||||
9 | discrimination based on an individual's actual or perceived sex | ||||||
10 | or gender that includes unwelcome sexual advances, requests for | ||||||
11 | sexual favors, and other verbal or physical harassment of a | ||||||
12 | sexual nature. In some instances, sexual harassment can cause | ||||||
13 | severe emotional and physical distress, yet does not rise to a | ||||||
14 | criminal offense. In these situations, the person who is the | ||||||
15 | subject of the sexual harassment should be able to seek a civil |
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1 | remedy requiring only that the person committing the sexual | ||||||
2 | harassment stay away from the victim. The purpose of this Act | ||||||
3 | is to prevent harassment that is sexual in nature by | ||||||
4 | co-workers, neighbors, strangers, and acquaintances. | ||||||
5 | Section 1-10. Definitions. As used in this Act: | ||||||
6 | "Contact" includes any contact with the petitioner that is | ||||||
7 | initiated or continued without the petitioner's consent, or | ||||||
8 | that is in disregard of the petitioner's expressed desire that | ||||||
9 | the contact be avoided or discontinued, including, but not | ||||||
10 | limited to: being in the physical presence of the petitioner; | ||||||
11 | intentionally appearing within the sight of the petitioner; | ||||||
12 | approaching or confronting the petitioner in a public place or | ||||||
13 | on private property; appearing at the workplace or residence of | ||||||
14 | the petitioner; entering onto or remaining on property owned, | ||||||
15 | leased, or occupied by the petitioner; or placing an object on, | ||||||
16 | or delivering an object to, property owned, leased, or occupied | ||||||
17 | by the petitioner. | ||||||
18 | "Course of conduct" means 2 or more acts, including, but | ||||||
19 | not limited to, acts in which a respondent directly, | ||||||
20 | indirectly, or through third parties, by any action, method, | ||||||
21 | device, or means: sexually harasses; makes unwelcome sexual | ||||||
22 | advances, requests, or threats; or engages in other contact | ||||||
23 | that is sexual in nature. "Course of conduct" includes contact | ||||||
24 | via electronic communications. The incarceration of a person in | ||||||
25 | a penal institution who commits the course of conduct is not a |
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1 | bar to relief under this Act. | ||||||
2 | "Emotional distress" means significant mental suffering, | ||||||
3 | anxiety, or alarm. | ||||||
4 | "Petitioner" means any named petitioner for the sexual | ||||||
5 | harassment no contact order or any named complainant of sexual | ||||||
6 | harassment on whose behalf the petition is brought. | ||||||
7 | "Reasonable person" means a person in the petitioner's | ||||||
8 | circumstances with the petitioner's knowledge of the | ||||||
9 | respondent and the respondent's prior acts. | ||||||
10 | "Sexual harassment" means any harassment or discrimination | ||||||
11 | on the basis of an individual's actual or perceived sex or | ||||||
12 | gender, including unwelcome sexual advances, requests for | ||||||
13 | sexual favors, other verbal or physical conduct of a sexual | ||||||
14 | nature, or any other conduct of a sexual nature directed at a | ||||||
15 | specific person that would cause the victim or survivor | ||||||
16 | emotional distress. | ||||||
17 | "Sexual harassment no contact order" means an emergency | ||||||
18 | order or plenary order granted under this Act, and includes a | ||||||
19 | remedy authorized by Section 1-80. | ||||||
20 | Section 1-15. Persons protected by this Act. If relief is | ||||||
21 | not available to the petitioner under the Illinois Domestic | ||||||
22 | Violence Act of 1986, the Stalking No Contact Order Act, or the | ||||||
23 | Civil No Contact Order Act, a petition for a sexual harassment | ||||||
24 | no contact order may be filed by a person: | ||||||
25 | (1) who is the subject of sexual harassment; or |
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1 | (2) on behalf of a minor child or an adult who is a | ||||||
2 | subject of sexual harassment but, because of age, | ||||||
3 | disability, health, or inaccessibility, cannot file the | ||||||
4 | petition. | ||||||
5 | Section 1-20. Commencement of action; filing fees. | ||||||
6 | (a) An action for a sexual harassment no contact order may | ||||||
7 | be commenced: | ||||||
8 | (1) independently, by filing a petition for a sexual | ||||||
9 | harassment no contact order in any circuit court, unless | ||||||
10 | specific divisions of the circuit court are designated by | ||||||
11 | local rule or order; or | ||||||
12 | (2) in conjunction with a delinquency petition or a | ||||||
13 | criminal prosecution as provided in Article 112A of the | ||||||
14 | Code of Criminal Procedure of 1963. | ||||||
15 | (b) Withdrawal or dismissal of a petition for a sexual | ||||||
16 | harassment no contact order prior to adjudication when the | ||||||
17 | petitioner is represented by the State shall operate as a | ||||||
18 | dismissal without prejudice. No action for a sexual harassment | ||||||
19 | no contact order shall be dismissed solely because the | ||||||
20 | respondent is being prosecuted for a crime against the | ||||||
21 | petitioner. For an action commenced under paragraph (2) of | ||||||
22 | subsection (a) of this Section, dismissal of the conjoined case | ||||||
23 | (or a finding of not guilty) shall not require dismissal of the | ||||||
24 | action for a sexual harassment no contact order; instead, it | ||||||
25 | may be treated as an independent action and, if necessary and |
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1 | appropriate, transferred to a different court or division. | ||||||
2 | (c) No fee shall be charged by the clerk of the court for | ||||||
3 | filing a petition, or modifying or certifying an order, under | ||||||
4 | this Act. No fee shall be charged by the sheriff for service by | ||||||
5 | the sheriff of a petition, rule, motion, or order in an action | ||||||
6 | commenced under this Section. | ||||||
7 | (d) The court shall provide, through the office of the | ||||||
8 | clerk of the court, simplified forms for the filing of a | ||||||
9 | petition under this Section by a person not represented by | ||||||
10 | counsel. | ||||||
11 | Section 1-25. Pleading; nondisclosure of address. | ||||||
12 | (a) A petition for a sexual harassment no contact order | ||||||
13 | shall be in writing and verified or accompanied by an affidavit | ||||||
14 | and shall allege that the petitioner has been the subject of | ||||||
15 | sexual harassment by the respondent. | ||||||
16 | (b) If the petition states that disclosure of the | ||||||
17 | petitioner's address would risk abuse of the petitioner or any | ||||||
18 | member of the petitioner's family or household, that address | ||||||
19 | may be omitted from all documents filed with the court. If the | ||||||
20 | petitioner has not disclosed an address under this subsection, | ||||||
21 | the petitioner shall designate an alternative address at which | ||||||
22 | the respondent may serve notice of any motions. | ||||||
23 | Section 1-30. Application of rules of civil procedure; | ||||||
24 | victim advocates. |
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1 | (a) A proceeding to obtain, modify, reopen or appeal a | ||||||
2 | sexual harassment no contact order shall be governed by the | ||||||
3 | rules of civil procedure of this State. The standard of proof | ||||||
4 | in the proceeding is proof by a preponderance of the evidence. | ||||||
5 | The Code of Civil Procedure and Supreme Court and local court | ||||||
6 | rules applicable to civil proceedings shall apply, except as | ||||||
7 | otherwise provided by this Act. | ||||||
8 | (b) In circuit courts, victim advocates shall be allowed to | ||||||
9 | accompany the petitioner and confer with the petitioner, unless | ||||||
10 | otherwise directed by the court. Court administrators shall | ||||||
11 | allow victim advocates to assist sexual harassment petitioners | ||||||
12 | in the preparation of petitions for sexual harassment no | ||||||
13 | contact orders. Victim advocates are not engaged in the | ||||||
14 | unauthorized practice of law when providing assistance of the | ||||||
15 | types specified in this subsection (b). | ||||||
16 | Section 1-35. Appointment of counsel. The court may appoint | ||||||
17 | counsel to represent the petitioner if the respondent is | ||||||
18 | represented by counsel. | ||||||
19 | Section 1-40. Trial by jury. There is no right to trial by | ||||||
20 | jury in any proceeding to obtain, modify, vacate, or extend any | ||||||
21 | sexual harassment no contact order under this Act. However, | ||||||
22 | nothing in this Section shall deny any otherwise existing right | ||||||
23 | to trial by jury in a criminal proceeding. |
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1 | Section 1-45. Subject matter jurisdiction. Each of the | ||||||
2 | circuit courts has the power to issue sexual harassment no | ||||||
3 | contact orders. | ||||||
4 | Section 1-50. Jurisdiction over persons. The courts of | ||||||
5 | this State have jurisdiction to bind (1) State residents and | ||||||
6 | (2) nonresidents having minimum contacts with this State, to | ||||||
7 | the extent permitted by the long-arm statute, Section 2-209 of | ||||||
8 | the Code of Civil Procedure. | ||||||
9 | Section 1-55. Venue. A petition for a sexual harassment no | ||||||
10 | contact order may be filed in any county where: | ||||||
11 | (1) the petitioner resides; | ||||||
12 | (2) the respondent resides; or | ||||||
13 | (3) one or more acts of the alleged sexual harassment | ||||||
14 | occurred. | ||||||
15 | Section 1-60. Process. | ||||||
16 | (a) Any action for a sexual harassment no contact order | ||||||
17 | requires that a separate summons be issued and served. The | ||||||
18 | summons shall be in the form prescribed by Supreme Court Rule | ||||||
19 | 101(d), except that it shall require the respondent to answer | ||||||
20 | or appear within 7 days. Attachments to the summons or notice | ||||||
21 | shall include the petition for sexual harassment no contact | ||||||
22 | order and supporting affidavits, if any, and any emergency | ||||||
23 | sexual harassment no contact order that has been issued. |
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1 | (b) The summons shall be served by the sheriff or other law | ||||||
2 | enforcement officer at the earliest time and shall take | ||||||
3 | precedence over other summonses except those of a similar | ||||||
4 | emergency nature. Special process servers may be appointed at | ||||||
5 | any time, and their designation shall not affect the | ||||||
6 | responsibilities and authority of the sheriff or other official | ||||||
7 | process servers. | ||||||
8 | (c) Service of process on a member of the respondent's | ||||||
9 | household or by publication is adequate if: | ||||||
10 | (1) the petitioner has made all reasonable efforts to | ||||||
11 | accomplish actual service of process personally upon the | ||||||
12 | respondent, but the respondent cannot be found to effect | ||||||
13 | the service; and | ||||||
14 | (2) the petitioner files an affidavit or presents sworn | ||||||
15 | testimony as to those efforts. | ||||||
16 | (d) A plenary sexual harassment no contact order may be | ||||||
17 | entered by default for the remedy sought in the petition, if | ||||||
18 | the respondent has been served or given notice in accordance | ||||||
19 | with subsection (a) of this Section and if the respondent then | ||||||
20 | fails to appear as directed or fails to appear on any | ||||||
21 | subsequent appearance or hearing date agreed to by the parties | ||||||
22 | or set by the court. | ||||||
23 | Section 1-65. Service of notice of hearings. Except as | ||||||
24 | provided in Section 1-60, notice of hearings on petitions or | ||||||
25 | motions shall be served in accordance with Supreme Court Rules |
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1 | 11 and 12, unless notice is excused by Section 1-100 or by the | ||||||
2 | Code of Civil Procedure, Supreme Court Rules, or local rules. | ||||||
3 | Section 1-70. Hearings. A petition for a sexual harassment | ||||||
4 | no contact order shall be treated as an expedited proceeding, | ||||||
5 | and no court may transfer or otherwise decline to decide all or | ||||||
6 | part of the petition. Nothing in this Section shall prevent the | ||||||
7 | court from reserving issues if jurisdiction or notice | ||||||
8 | requirements are not met. | ||||||
9 | Section 1-75. Continuances. | ||||||
10 | (a) A petition for emergency remedies shall be granted or | ||||||
11 | denied in accordance with the standards of Section 1-100, | ||||||
12 | regardless of the respondent's appearance or presence in court. | ||||||
13 | (b) An action for a sexual harassment no contact order is | ||||||
14 | an expedited proceeding. Continuances shall be granted only for | ||||||
15 | good cause shown and kept to the minimum reasonable duration, | ||||||
16 | taking into account the reasons for the continuance. | ||||||
17 | Section 1-80. Sexual harassment no contact orders; | ||||||
18 | remedies. | ||||||
19 | (a) If the court finds that the petitioner has been a | ||||||
20 | victim of sexual harassment, a sexual harassment no contact | ||||||
21 | order shall be issued; provided that the petitioner must also | ||||||
22 | satisfy the requirements of Section 1-95 on emergency orders or | ||||||
23 | Section 1-100 on plenary orders. The petitioner shall not be |
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1 | denied a sexual harassment no contact order because the | ||||||
2 | petitioner or the respondent is a minor. The court, when | ||||||
3 | determining whether to issue a sexual harassment no contact | ||||||
4 | order, may not require physical injury on the person of the | ||||||
5 | petitioner. Modification and extension of prior sexual | ||||||
6 | harassment no contact orders shall be in accordance with this | ||||||
7 | Act. | ||||||
8 | (b) A sexual harassment no contact order, consisting of one | ||||||
9 | or more of the following, shall: | ||||||
10 | (1) prohibit the respondent from continued harassment | ||||||
11 | of the petitioner; | ||||||
12 | (2) order the respondent to have no contact with the | ||||||
13 | petitioner or a third person specifically named by the | ||||||
14 | court; | ||||||
15 | (3) prohibit the respondent from knowingly coming | ||||||
16 | within or knowingly remaining within a specified distance | ||||||
17 | of the petitioner or the petitioner's residence, school, | ||||||
18 | daycare, or place of employment, or any specified place | ||||||
19 | frequented by the petitioner; however, the court may order | ||||||
20 | the respondent to stay away from the respondent's own | ||||||
21 | residence, school, or place of employment only if the | ||||||
22 | respondent has been provided actual notice of the | ||||||
23 | opportunity to appear and be heard on the petition; | ||||||
24 | (4) prohibit the respondent from possessing a Firearm | ||||||
25 | Owner's Identification Card, or possessing or buying | ||||||
26 | firearms, when there was a reported threat of force with a |
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1 | weapon; and | ||||||
2 | (5) order other injunctive relief the court determines | ||||||
3 | to be necessary to protect the petitioner or a third party | ||||||
4 | specifically named by the court. | ||||||
5 | (c) If the petitioner and the respondent attend the same | ||||||
6 | public, private, or nonpublic elementary, middle, or high | ||||||
7 | school, the court, when issuing a sexual harassment no contact | ||||||
8 | order and providing relief, shall consider the severity of the | ||||||
9 | act, any continuing physical danger or emotional distress to | ||||||
10 | the petitioner, the educational rights guaranteed to the | ||||||
11 | petitioner and respondent under federal and State law, the | ||||||
12 | availability of a transfer of the respondent to another school, | ||||||
13 | a change of placement or a change of program of the respondent, | ||||||
14 | the expense, difficulty, and educational disruption that would | ||||||
15 | be caused by a transfer of the respondent to another school, | ||||||
16 | and any other relevant facts of the case. The court may order | ||||||
17 | that the respondent not attend the public, private, or | ||||||
18 | nonpublic elementary, middle, or high school attended by the | ||||||
19 | petitioner, order that the respondent accept a change of | ||||||
20 | placement or program, as determined by the school district or | ||||||
21 | private or nonpublic school, or place restrictions on the | ||||||
22 | respondent's movements within the school attended by the | ||||||
23 | petitioner. The respondent bears the burden of proving by a | ||||||
24 | preponderance of the evidence that a transfer, change of | ||||||
25 | placement, or change of program of the respondent is not | ||||||
26 | available. The respondent also bears the burden of production |
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1 | with respect to the expense, difficulty, and educational | ||||||
2 | disruption that would be caused by a transfer of the respondent | ||||||
3 | to another school. A transfer, change of placement, or change | ||||||
4 | of program is not unavailable to the respondent solely on the | ||||||
5 | ground that the respondent does not agree with the school | ||||||
6 | district's or private or nonpublic school's transfer, change of | ||||||
7 | placement, or change of program or solely on the ground that | ||||||
8 | the respondent fails or refuses to consent to or otherwise does | ||||||
9 | not take an action required to effectuate a transfer, change of | ||||||
10 | placement, or change of program. When a court orders a | ||||||
11 | respondent to stay away from the public, private, or nonpublic | ||||||
12 | school attended by the petitioner and the respondent requests a | ||||||
13 | transfer to another attendance center within the respondent's | ||||||
14 | school district or private or nonpublic school, the school | ||||||
15 | district or private or nonpublic school shall have sole | ||||||
16 | discretion to determine the attendance center to which the | ||||||
17 | respondent is transferred. If the court order results in a | ||||||
18 | transfer of the minor respondent to another attendance center, | ||||||
19 | a change in the respondent's placement, or a change of the | ||||||
20 | respondent's program, the parents, guardian, or legal | ||||||
21 | custodian of the respondent is responsible for transportation | ||||||
22 | and other costs associated with the transfer or change. | ||||||
23 | (d) The court may order the parents, guardian, or legal | ||||||
24 | custodian of a minor respondent to take certain actions or to | ||||||
25 | refrain from taking certain actions to ensure that the | ||||||
26 | respondent complies with the order. If the court orders a |
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1 | transfer of the respondent to another school, the parents, | ||||||
2 | guardian, or legal custodian of the respondent is responsible | ||||||
3 | for transportation and other costs associated with the change | ||||||
4 | of school by the respondent. | ||||||
5 | (e) The court shall not hold a school district or private | ||||||
6 | or nonpublic school or any of its employees in civil or | ||||||
7 | criminal contempt unless the school district or private or | ||||||
8 | nonpublic school has been allowed to intervene. | ||||||
9 | (f) The court may hold the parents, guardian, or legal | ||||||
10 | custodian of a minor respondent in civil or criminal contempt | ||||||
11 | for a violation of any provision of any order entered under | ||||||
12 | this Act for conduct of the minor respondent in violation of | ||||||
13 | this Act if the parents, guardian, or legal custodian directed, | ||||||
14 | encouraged, or assisted the respondent minor in the conduct. | ||||||
15 | (g) The court may award the petitioner costs and attorney's | ||||||
16 | fees if a sexual harassment no contact order is granted. | ||||||
17 | (h) Monetary damages are not recoverable as a remedy. | ||||||
18 | (i) If the sexual harassment no contact order prohibits the | ||||||
19 | respondent from possessing a Firearm Owner's Identification | ||||||
20 | Card or possessing or buying firearms when there was a threat | ||||||
21 | of force with a weapon, the court shall confiscate the | ||||||
22 | respondent's Firearm Owner's Identification Card and | ||||||
23 | immediately return the card to the Department of State Police | ||||||
24 | Firearm Owner's Identification Card Office. | ||||||
25 | Section 1-85. Mutual orders prohibited. Mutual sexual |
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1 | harassment no contact orders are prohibited. Correlative | ||||||
2 | separate orders undermine the purposes of this Act. If separate | ||||||
3 | orders are sought, both must comply with all provisions of this | ||||||
4 | Act. | ||||||
5 | Section 1-90. Accountability for actions of others. For the | ||||||
6 | purposes of issuing a sexual harassment no contact order, | ||||||
7 | deciding what remedies should be included, and enforcing the | ||||||
8 | order, Article 5 of the Criminal Code of 2012 governs whether | ||||||
9 | respondent is legally accountable for the conduct of another | ||||||
10 | person. | ||||||
11 | Section 1-95. Emergency sexual harassment no contact | ||||||
12 | order. | ||||||
13 | (a) An emergency sexual harassment no contact order shall | ||||||
14 | be issued if the petitioner satisfies the requirements of this | ||||||
15 | subsection (a). The petitioner shall establish that: | ||||||
16 | (1) the court has jurisdiction under Section 1-50; | ||||||
17 | (2) the requirements of Section 1-80 are satisfied; and | ||||||
18 | (3) there is good cause to grant the remedy, regardless | ||||||
19 | of prior service of process or of notice upon the | ||||||
20 | respondent, because the harm that the remedy is intended to | ||||||
21 | prevent would be likely to occur if the respondent were | ||||||
22 | given any prior notice, or greater notice than was actually | ||||||
23 | given, of the petitioner's efforts to obtain judicial | ||||||
24 | relief. |
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1 | An emergency sexual harassment no contact order shall be | ||||||
2 | issued by the court if it appears from the contents of the | ||||||
3 | petition and the examination of the petitioner that the | ||||||
4 | averments are sufficient to indicate sexual harassment by the | ||||||
5 | respondent and to support the granting of relief under the | ||||||
6 | issuance of the sexual harassment no contact order. | ||||||
7 | An emergency sexual harassment no contact order shall be | ||||||
8 | issued if the court finds that items (1), (2), and (3) of this | ||||||
9 | subsection (a) are met. | ||||||
10 | (b) If the respondent appears in court for the hearing for | ||||||
11 | an emergency order, he or she may elect to file a general | ||||||
12 | appearance and testify. Any resulting order may be an emergency | ||||||
13 | order, governed by this Section. Notwithstanding the | ||||||
14 | requirements of this Section, if all requirements of Section | ||||||
15 | 1-100 have been met, the court may issue a plenary order. | ||||||
16 | (c) Emergency orders; court holidays and evenings. | ||||||
17 | (1) When the court is unavailable at the close of | ||||||
18 | business, the petitioner may file a petition for a 21-day | ||||||
19 | emergency order before any available circuit judge or | ||||||
20 | associate judge who may grant relief under this Act. If the | ||||||
21 | judge finds that there is an immediate and present danger | ||||||
22 | of abuse against the petitioner and that the petitioner has | ||||||
23 | satisfied the prerequisites set forth in subsection (a), | ||||||
24 | that judge may issue an emergency sexual harassment no | ||||||
25 | contact order. | ||||||
26 | (2) The chief judge of the circuit court may designate |
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1 | for each county in the circuit at least one judge to be | ||||||
2 | reasonably available to issue orally, by telephone, by | ||||||
3 | facsimile, or otherwise, an emergency sexual harassment no | ||||||
4 | contact order at all times, whether or not the court is in | ||||||
5 | session. | ||||||
6 | (3) Any order issued under this Section and any | ||||||
7 | documentation in support of the order shall be certified on | ||||||
8 | the next court day to the appropriate court. The clerk of | ||||||
9 | that court shall immediately assign a case number, file the | ||||||
10 | petition, order, and other documents with the court, and | ||||||
11 | enter the order of record and file it with the sheriff for | ||||||
12 | service, in accordance with Section 1-60. Filing the | ||||||
13 | petition shall commence proceedings for further relief | ||||||
14 | under Section 1-20. Failure to comply with the requirements | ||||||
15 | of this paragraph (3) does not affect the validity of the | ||||||
16 | order. | ||||||
17 | Section 1-100. Plenary sexual harassment no contact order. | ||||||
18 | A plenary sexual harassment no contact order shall issue if the | ||||||
19 | petitioner has served notice of the hearing for that order on | ||||||
20 | the respondent, in accordance with Section 1-65, and satisfies | ||||||
21 | the requirements of this Section. The petitioner must establish | ||||||
22 | that: | ||||||
23 | (1) the court has jurisdiction under Section 1-50 of | ||||||
24 | this Act; | ||||||
25 | (2) the requirements of Section 1-80 are satisfied; |
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1 | (3) a general appearance was made or filed by or for | ||||||
2 | the respondent or process was served on the respondent in | ||||||
3 | the manner required by Section 1-60; and | ||||||
4 | (4) the respondent has answered or is in default. | ||||||
5 | Section 1-105. Duration and extension of orders. | ||||||
6 | (a) Unless reopened or extended or voided by entry of an | ||||||
7 | order of greater duration, an emergency order shall be | ||||||
8 | effective for not less than 14 nor more than 21 days. | ||||||
9 | (b) Except as otherwise provided in this Section, a plenary | ||||||
10 | sexual harassment no contact order shall be effective for a | ||||||
11 | fixed period, not to exceed 2 years. A sexual harassment no | ||||||
12 | contact order entered in conjunction with a criminal | ||||||
13 | prosecution or delinquency petition shall remain in effect as | ||||||
14 | provided in Section 112A-20 of the Code of Criminal Procedure | ||||||
15 | of 1963. | ||||||
16 | (c) An emergency or plenary order may be extended one or | ||||||
17 | more times, as required, provided that the requirements of | ||||||
18 | Section 1-95 or 1-100, as appropriate, are satisfied. If the | ||||||
19 | motion for extension is uncontested and the petitioner seeks no | ||||||
20 | modification of the order, the order may be extended on the | ||||||
21 | basis of the petitioner's motion or affidavit stating that | ||||||
22 | there has been no material change in relevant circumstances | ||||||
23 | since entry of the order and stating the reason for the | ||||||
24 | requested extension. Extensions may be granted only in open | ||||||
25 | court and not under the provisions of subsection (c) of Section |
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1 | 1-95, which applies only when the court is unavailable at the | ||||||
2 | close of business or on a court holiday. | ||||||
3 | (d) A sexual harassment no contact order that would expire | ||||||
4 | on a court holiday shall instead expire at the close of the | ||||||
5 | next court business day. | ||||||
6 | (e) The practice of dismissing or suspending a criminal | ||||||
7 | prosecution in exchange for the issuance of a sexual harassment | ||||||
8 | no contact order undermines the purposes of this Act. This | ||||||
9 | Section shall not be construed as encouraging that practice. | ||||||
10 | Section 1-110. Contents of orders. | ||||||
11 | (a) A sexual harassment no contact order shall describe | ||||||
12 | each remedy granted by the court, in reasonable detail and not | ||||||
13 | by reference to any other document, so that the respondent may | ||||||
14 | clearly understand what he or she must do or refrain from | ||||||
15 | doing. | ||||||
16 | (b) A sexual harassment no contact order shall further | ||||||
17 | state the following: | ||||||
18 | (1) The name of each petitioner that the court finds | ||||||
19 | was the subject of sexual harassment by the respondent. | ||||||
20 | (2) The date and time the sexual harassment no contact | ||||||
21 | order was issued, whether it is an emergency or plenary | ||||||
22 | order, and the duration of the order. | ||||||
23 | (3) The date, time, and place for any scheduled hearing | ||||||
24 | for extension of that sexual harassment no contact order or | ||||||
25 | for another order of greater duration or scope. |
| |||||||
| |||||||
1 | (4) For each remedy in an emergency sexual harassment | ||||||
2 | no contact order, the reason for entering that remedy | ||||||
3 | without prior notice to the respondent or greater notice | ||||||
4 | than was actually given. | ||||||
5 | (5) For an emergency sexual harassment no contact | ||||||
6 | order, that the respondent may petition the court, in | ||||||
7 | accordance with Section 1-125, to reopen the order if he or | ||||||
8 | she did not receive actual prior notice of the hearing as | ||||||
9 | required under Section 1-65 and if the respondent alleges | ||||||
10 | that he or she had a meritorious defense to the order or | ||||||
11 | that the order or its remedy is not authorized by this Act. | ||||||
12 | (c) A sexual harassment no contact order shall include the | ||||||
13 | following notice, printed in conspicuous type: "An initial | ||||||
14 | knowing violation of a sexual harassment no contact order is a | ||||||
15 | Class A misdemeanor. A second or subsequent knowing violation | ||||||
16 | is a Class 4 felony.". | ||||||
17 | Section 1-115. Notice of orders. | ||||||
18 | (a) Upon issuance of a sexual harassment no contact order, | ||||||
19 | the clerk shall immediately, or on the next court day if an | ||||||
20 | emergency order is issued in accordance with subsection (c) of | ||||||
21 | Section 1-95: | ||||||
22 | (1) enter the order on the record and file it in | ||||||
23 | accordance with the circuit court procedures; and | ||||||
24 | (2) provide a file stamped copy of the order to the | ||||||
25 | respondent, if present, and to the petitioner. |
| |||||||
| |||||||
1 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
2 | may, on the same day that a sexual harassment no contact order | ||||||
3 | is issued, file a certified copy of that order with the sheriff | ||||||
4 | or other law enforcement officials charged with maintaining | ||||||
5 | Department of State Police records or charged with serving the | ||||||
6 | order upon the respondent. If the order was issued in | ||||||
7 | accordance with subsection (c) of Section 1-95, the clerk | ||||||
8 | shall, on the next court day, file a certified copy of the | ||||||
9 | order with the sheriff or other law enforcement officials | ||||||
10 | charged with maintaining Department of State Police records. If | ||||||
11 | the respondent, at the time of the issuance of the order, is | ||||||
12 | committed to the custody of the Department of Corrections or | ||||||
13 | Department of Juvenile Justice or is on parole, aftercare | ||||||
14 | release, or mandatory supervised release, the sheriff or other | ||||||
15 | law enforcement officials charged with maintaining Department | ||||||
16 | of State Police records shall notify the Department of | ||||||
17 | Corrections or Department of Juvenile Justice within 48 hours | ||||||
18 | of receipt of a copy of the sexual harassment no contact order | ||||||
19 | from the clerk of the issuing judge or petitioner. The notice | ||||||
20 | shall include the name of the respondent, the respondent's | ||||||
21 | Department of Corrections inmate number or Department of | ||||||
22 | Juvenile Justice youth identification number, the respondent's | ||||||
23 | date of birth, and the Law Enforcement Agencies Data System | ||||||
24 | Record Index Number. | ||||||
25 | (c) Unless the respondent was present in court when the | ||||||
26 | order was issued, the sheriff, other law enforcement official, |
| |||||||
| |||||||
1 | or special process server shall promptly serve that order upon | ||||||
2 | the respondent and file proof of service in the manner provided | ||||||
3 | for service of process in civil proceedings. Instead of serving | ||||||
4 | the order upon the respondent, however, the sheriff, other law | ||||||
5 | enforcement official, special process server, or other persons | ||||||
6 | defined in Section 1-120 may serve the respondent with a short | ||||||
7 | form notification as provided in Section 1-120. If process has | ||||||
8 | not yet been served upon the respondent, it shall be served | ||||||
9 | with the order or short form notification if the service is | ||||||
10 | made by the sheriff, other law enforcement official, or special | ||||||
11 | process server. | ||||||
12 | (d) If the person against whom the sexual harassment no | ||||||
13 | contact order is issued is arrested and the written order is | ||||||
14 | issued in accordance with subsection (c) of Section 1-95 and | ||||||
15 | received by the custodial law enforcement agency before the | ||||||
16 | respondent or arrestee is released from custody, the custodial | ||||||
17 | law enforcement agent shall promptly serve the order upon the | ||||||
18 | respondent or arrestee before the respondent or arrestee is | ||||||
19 | released from custody. In no event shall detention of the | ||||||
20 | respondent or arrestee be extended for hearing on the petition | ||||||
21 | for sexual harassment no contact order or receipt of the order | ||||||
22 | issued under Section 1-95. | ||||||
23 | (e) An order extending, modifying, or revoking a sexual | ||||||
24 | harassment no contact order shall be promptly recorded, issued, | ||||||
25 | and served as provided in this Section. | ||||||
26 | (f) Upon the request of the petitioner, within 24 hours of |
| |||||||
| |||||||
1 | the issuance of a sexual harassment no contact order, the clerk | ||||||
2 | of the issuing judge shall send written notice of the order | ||||||
3 | along with a certified copy of the order to any school, | ||||||
4 | daycare, college, or university at which the petitioner is | ||||||
5 | enrolled. | ||||||
6 | Section 1-120. Short form notification. | ||||||
7 | (a) Instead of personal service of a sexual harassment no | ||||||
8 | contact order under Section 1-115, a sheriff, other law | ||||||
9 | enforcement official, special process server, or personnel | ||||||
10 | assigned by the Department of Corrections or Department of | ||||||
11 | Juvenile Justice to investigate the alleged misconduct of | ||||||
12 | committed persons or alleged violations of a parolee's or | ||||||
13 | releasee's conditions of parole, aftercare release, or | ||||||
14 | mandatory supervised release may serve a respondent with a | ||||||
15 | short form notification. The short form notification must | ||||||
16 | include the following items, either in checklist form or | ||||||
17 | handwritten: | ||||||
18 | (1) the respondent's name; | ||||||
19 | (2) the respondent's date of birth, if known; | ||||||
20 | (3) the petitioner's name; | ||||||
21 | (4) the names of other protected parties; | ||||||
22 | (5) the date and county in which the sexual harassment | ||||||
23 | no contact order was filed; | ||||||
24 | (6) the court file number; | ||||||
25 | (7) the hearing date and time, if known; and |
| |||||||
| |||||||
1 | (8) the conditions that apply to the respondent; | ||||||
2 | (b) The short form notification must contain the following | ||||||
3 | notice in bold print: | ||||||
4 | "The order is now enforceable. You must report to the | ||||||
5 | office of the sheriff or the office of the circuit court in | ||||||
6 | (name of county) County to obtain a copy of the order. You are | ||||||
7 | subject to arrest and may be charged with a misdemeanor or | ||||||
8 | felony if you violate any of the terms of the order.". | ||||||
9 | (c) Upon verification of the identity of the respondent and | ||||||
10 | the existence of an unserved order against the respondent, a | ||||||
11 | sheriff or other law enforcement official may detain the | ||||||
12 | respondent for a reasonable time necessary to complete and | ||||||
13 | serve the short form notification. | ||||||
14 | (d) When service is made by short form notification under | ||||||
15 | this Section, it may be proved by the affidavit of the person | ||||||
16 | making the service. | ||||||
17 | (e) The Attorney General shall make the short form | ||||||
18 | notification form available to law enforcement agencies in this | ||||||
19 | State. | ||||||
20 | Section 1-125. Modification; reopening of orders. | ||||||
21 | (a) Except as otherwise provided in this Section, upon | ||||||
22 | motion by the petitioner, the court may modify an emergency or | ||||||
23 | plenary sexual harassment no contact order by altering the | ||||||
24 | remedy, subject to Section 1-80. | ||||||
25 | (b) After 30 days following entry of a plenary sexual |
| |||||||
| |||||||
1 | harassment no contact order, a court may modify that order only | ||||||
2 | when a change in the applicable law or facts since that plenary | ||||||
3 | order was entered warrants a modification of its terms. | ||||||
4 | (c) Upon 2 days' notice to the petitioner, or shorter | ||||||
5 | notice as the court may prescribe, a respondent subject to an | ||||||
6 | emergency sexual harassment no contact order issued under this | ||||||
7 | Act may appear and petition the court to rehear the original or | ||||||
8 | amended petition. A petition to rehear shall be verified and | ||||||
9 | shall allege the following: | ||||||
10 | (1) that the respondent did not receive prior notice of | ||||||
11 | the initial hearing in which the emergency order was | ||||||
12 | entered under Sections 1-65 and 1-95; and | ||||||
13 | (2) that the respondent had a meritorious defense to | ||||||
14 | the order or any of its remedies or that the order or any | ||||||
15 | of its remedies was not authorized by this Act. | ||||||
16 | Section 1-130. Violation. An initial knowing violation of a | ||||||
17 | sexual harassment no contact order is a Class A misdemeanor. A | ||||||
18 | second or subsequent knowing violation is a Class 4 felony. | ||||||
19 | Section 1-135. Arrest without warrant. | ||||||
20 | (a) A law enforcement officer may make an arrest without | ||||||
21 | warrant if the officer has probable cause to believe that the | ||||||
22 | person has committed or is committing a violation of a sexual | ||||||
23 | harassment no contact order. | ||||||
24 | (b) The law enforcement officer may verify the existence of |
| |||||||
| |||||||
1 | a sexual harassment no contact order by telephone or radio | ||||||
2 | communication with his or her law enforcement agency or by | ||||||
3 | referring to the copy of the order provided by the petitioner | ||||||
4 | or the respondent. | ||||||
5 | Section 1-140. Data maintenance by law enforcement | ||||||
6 | agencies. | ||||||
7 | (a) A sheriff shall furnish to the Department of State | ||||||
8 | Police, on the same day as received, in the form and detail the | ||||||
9 | Department requires, copies of any recorded emergency or | ||||||
10 | plenary sexual harassment no contact orders issued by the court | ||||||
11 | and transmitted to the sheriff by the clerk of the court in | ||||||
12 | accordance with subsection (b) of Section 1-115. Each sexual | ||||||
13 | harassment no contact order shall be entered in the Law | ||||||
14 | Enforcement Agencies Data System on the same day it is issued | ||||||
15 | by the court. If an emergency sexual harassment no contact | ||||||
16 | order was issued in accordance with subsection (c) of Section | ||||||
17 | 1-100, the order shall be entered in the Law Enforcement | ||||||
18 | Agencies Data System as soon as possible after receipt from the | ||||||
19 | clerk of the court. | ||||||
20 | (b) The Department of State Police shall maintain a | ||||||
21 | complete and systematic record and index of all valid and | ||||||
22 | recorded sexual harassment no contact orders issued under this | ||||||
23 | Act. The data shall be used to inform all dispatchers and law | ||||||
24 | enforcement officers at the scene of an alleged incident of | ||||||
25 | sexual harassment or violation of a sexual harassment no |
| |||||||
| |||||||
1 | contact order of any recorded prior incident of sexual | ||||||
2 | harassment involving the petitioner and the effective dates and | ||||||
3 | terms of any recorded sexual harassment no contact order. | ||||||
4 | Section 1-900. The Criminal Code of 2012 is amended by | ||||||
5 | adding Section 12-3.10 as follows: | ||||||
6 | (720 ILCS 5/12-3.10 new) | ||||||
7 | Sec. 12-3.10. Violation of a sexual harassment no contact | ||||||
8 | order. | ||||||
9 | (a) A person commits violation of a sexual harassment no | ||||||
10 | contact order if: | ||||||
11 | (1) he or she knowingly commits an act that was | ||||||
12 | prohibited by a court or fails to commit an act that was | ||||||
13 | ordered by a court in violation of: | ||||||
14 | (A) a remedy in a valid sexual harassment no | ||||||
15 | contact order authorized under Section 1-80 of the | ||||||
16 | Sexual Harassment No Contact Order Act or Section | ||||||
17 | 112A-14.8 of the Code of Criminal Procedure of 1963; or | ||||||
18 | (B) a remedy that is substantially similar to the | ||||||
19 | remedies authorized under Section 1-80 of the Sexual | ||||||
20 | Harassment No Contact Order Act or Section 112A-14.8 of | ||||||
21 | the Code of Criminal Procedure of 1963 or in a valid | ||||||
22 | sexual harassment no contact order that is authorized | ||||||
23 | under the laws of another state, tribe, or United | ||||||
24 | States territory; and |
| |||||||
| |||||||
1 | (2) the violation occurs after the offender has been | ||||||
2 | served notice of the contents of the order, under the | ||||||
3 | Sexual Harassment No Contact Order Act, Article 112A of the | ||||||
4 | Code of Criminal Procedure of 1963, or any substantially | ||||||
5 | similar statute of another state, tribe, or United States | ||||||
6 | territory, or otherwise has acquired actual knowledge of | ||||||
7 | the contents of the order. | ||||||
8 | A sexual harassment no contact order issued by a state, | ||||||
9 | tribal, or territorial court shall be deemed valid if the | ||||||
10 | issuing court had jurisdiction over the parties and matter | ||||||
11 | under the law of the state, tribe, or territory. There shall be | ||||||
12 | a presumption of validity when an order is certified and | ||||||
13 | appears authentic on its face. | ||||||
14 | (b) For purposes of this Section, a "sexual harassment no | ||||||
15 | contact order" may have been issued in a criminal or civil | ||||||
16 | proceeding. | ||||||
17 | (c) Failure to provide reasonable notice and opportunity to | ||||||
18 | be heard shall be an affirmative defense to any charge or | ||||||
19 | process filed seeking enforcement of a foreign sexual | ||||||
20 | harassment no contact order. | ||||||
21 | (d) Prosecution for a violation of a sexual harassment no | ||||||
22 | contact order shall not bar a concurrent prosecution for any | ||||||
23 | other crime, including any crime that may have been committed | ||||||
24 | at the time of the violation of the civil no contact order. | ||||||
25 | (e) Nothing in this Section shall be construed to diminish | ||||||
26 | the inherent authority of the courts to enforce their lawful |
| |||||||
| |||||||
1 | orders through civil or criminal contempt proceedings. | ||||||
2 | (f) A defendant who directed the actions of a third party | ||||||
3 | to violate this Section, under the principles of accountability | ||||||
4 | set forth in Article 5 of this Code, is guilty of violating | ||||||
5 | this Section as if the same had been personally done by the | ||||||
6 | defendant, without regard to the mental state of the third | ||||||
7 | party acting at the direction of the defendant. | ||||||
8 | (g) Sentence. A violation of a sexual harassment no contact | ||||||
9 | order is a Class A misdemeanor for a first violation, and a | ||||||
10 | Class 4 felony for a second or subsequent violation. | ||||||
11 | Section 1-905. The Code of Criminal Procedure of 1963 is | ||||||
12 | amended by changing Sections 112A-1.5, 112A-2.5, 112A-3, | ||||||
13 | 112A-4, 112A-4.5, 112A-5.5, 112A-11.5, 112A-23, and 112A-28 | ||||||
14 | and by adding Sections 112A-14.8 and 112A-21.8 as follows: | ||||||
15 | (725 ILCS 5/112A-1.5) | ||||||
16 | Sec. 112A-1.5. Purpose. The purpose of this Article is to | ||||||
17 | protect the safety of victims of domestic violence, sexual | ||||||
18 | assault, sexual abuse, sexual harassment, and stalking and the | ||||||
19 | safety of their family and household members; and to minimize | ||||||
20 | the trauma and inconvenience associated with attending | ||||||
21 | separate and multiple civil court proceedings to obtain | ||||||
22 | protective orders. This Article shall be interpreted in | ||||||
23 | accordance with the purposes set forth in Section 2 of the | ||||||
24 | Rights of Crime Victims and Witnesses Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-199, eff. 1-1-18 .) | ||||||
2 | (725 ILCS 5/112A-2.5) | ||||||
3 | Sec. 112A-2.5. Types of protective orders. The following | ||||||
4 | protective orders may be entered in conjunction with a | ||||||
5 | delinquency petition or a criminal prosecution: | ||||||
6 | (1) an order of protection in cases involving domestic | ||||||
7 | violence; | ||||||
8 | (2) a civil no contact order in cases involving sexual | ||||||
9 | offenses; or | ||||||
10 | (3) a stalking no contact order in cases involving | ||||||
11 | stalking offenses ; or . | ||||||
12 | (4) a sexual harassment no contact order in cases | ||||||
13 | involving sexual harassment.
| ||||||
14 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
15 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| ||||||
16 | Sec. 112A-3. Definitions. | ||||||
17 | (a) For the purposes of this Article, "protective order" | ||||||
18 | means a domestic violence order of protection, a civil no | ||||||
19 | contact order, or a stalking no contact order , or a sexual | ||||||
20 | harassment no contact order .
| ||||||
21 | (b) For the purposes of domestic violence cases, the | ||||||
22 | following terms shall have the following meanings in this | ||||||
23 | Article: | ||||||
24 | (1) "Abuse" means physical abuse, harassment, |
| |||||||
| |||||||
1 | intimidation of a
dependent, interference with personal | ||||||
2 | liberty or willful deprivation but
does not include | ||||||
3 | reasonable direction of a minor child by a parent or
person | ||||||
4 | in loco parentis.
| ||||||
5 | (2) "Domestic violence" means abuse as described in | ||||||
6 | paragraph (1).
| ||||||
7 | (3) "Family or household members" include spouses, | ||||||
8 | former spouses,
parents, children, stepchildren and other | ||||||
9 | persons related by blood or
by present or prior marriage, | ||||||
10 | persons who share or formerly shared a
common dwelling, | ||||||
11 | persons who have or allegedly have a child in common, | ||||||
12 | persons
who share or allegedly share a blood relationship | ||||||
13 | through a child, persons who
have or have had a dating or | ||||||
14 | engagement relationship, persons with disabilities
and | ||||||
15 | their personal assistants, and caregivers as defined in | ||||||
16 | subsection (e) of Section 12-4.4a of the Criminal Code of | ||||||
17 | 2012.
For purposes of this paragraph, neither a casual | ||||||
18 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
19 | individuals in business or social
contexts shall be deemed | ||||||
20 | to constitute a dating relationship.
| ||||||
21 | (4) "Harassment" means knowing conduct which
is not | ||||||
22 | necessary to accomplish a purpose which is reasonable under | ||||||
23 | the
circumstances; would cause a reasonable person | ||||||
24 | emotional distress; and
does cause emotional distress to | ||||||
25 | the petitioner.
Unless the presumption is rebutted by a | ||||||
26 | preponderance of the evidence, the
following types of |
| |||||||
| |||||||
1 | conduct shall be presumed to cause emotional distress:
| ||||||
2 | (i) creating a disturbance at petitioner's place | ||||||
3 | of employment or school;
| ||||||
4 | (ii) repeatedly telephoning petitioner's place of | ||||||
5 | employment, home or
residence;
| ||||||
6 | (iii) repeatedly following petitioner about in a | ||||||
7 | public place or places;
| ||||||
8 | (iv) repeatedly keeping petitioner under | ||||||
9 | surveillance by remaining
present outside his or her | ||||||
10 | home, school, place of employment, vehicle or
other | ||||||
11 | place occupied by petitioner or by peering in | ||||||
12 | petitioner's windows;
| ||||||
13 | (v) improperly concealing a minor child from | ||||||
14 | petitioner, repeatedly
threatening to improperly | ||||||
15 | remove a minor child of petitioner's from the
| ||||||
16 | jurisdiction or from the physical care of petitioner, | ||||||
17 | repeatedly threatening to
conceal a minor child from | ||||||
18 | petitioner, or making a single such threat following
an | ||||||
19 | actual or attempted improper removal or concealment, | ||||||
20 | unless respondent was
fleeing from an incident or | ||||||
21 | pattern of domestic violence; or
| ||||||
22 | (vi) threatening physical force, confinement or | ||||||
23 | restraint on one or more
occasions.
| ||||||
24 | (5) "Interference with personal liberty" means | ||||||
25 | committing or threatening
physical abuse, harassment, | ||||||
26 | intimidation , or willful deprivation so as to
compel |
| |||||||
| |||||||
1 | another to engage in conduct from which she or he has a | ||||||
2 | right to
abstain or to refrain from conduct
in which she or | ||||||
3 | he has a right to engage.
| ||||||
4 | (6) "Intimidation of a dependent" means subjecting a | ||||||
5 | person who is
dependent because of age, health or | ||||||
6 | disability to participation in or the
witnessing of: | ||||||
7 | physical force against another or physical confinement or
| ||||||
8 | restraint of another which constitutes physical abuse as | ||||||
9 | defined in this
Article, regardless of whether the abused | ||||||
10 | person is a family or household member.
| ||||||
11 | (7) "Order of protection" means an order, granted | ||||||
12 | pursuant to this Article, which includes any or all
of the | ||||||
13 | remedies authorized by Section 112A-14 of this Code.
| ||||||
14 | (8) "Petitioner" may mean not only any named petitioner | ||||||
15 | for the order of
protection and any named victim of abuse | ||||||
16 | on whose behalf the petition
is brought, but also any other | ||||||
17 | person protected by this Article.
| ||||||
18 | (9) "Physical abuse" includes sexual abuse and means | ||||||
19 | any of the following:
| ||||||
20 | (i) knowing or reckless use of physical force, | ||||||
21 | confinement or restraint;
| ||||||
22 | (ii) knowing, repeated and unnecessary sleep | ||||||
23 | deprivation; or
| ||||||
24 | (iii) knowing or reckless conduct which creates an | ||||||
25 | immediate
risk of physical harm.
| ||||||
26 | (9.3) "Respondent" in a petition for an order of |
| |||||||
| |||||||
1 | protection means the defendant. | ||||||
2 | (9.5) "Stay away" means for the respondent to refrain | ||||||
3 | from both physical presence and nonphysical contact with | ||||||
4 | the petitioner whether direct, indirect (including, but | ||||||
5 | not limited to, telephone calls, mail, email, faxes, and | ||||||
6 | written notes), or through third parties who may or may not | ||||||
7 | know about the order of protection.
| ||||||
8 | (10) "Willful deprivation" means willfully wilfully | ||||||
9 | denying a person who because of
age, health or disability | ||||||
10 | requires medication, medical care, shelter,
accessible | ||||||
11 | shelter or services, food, therapeutic device, or other | ||||||
12 | physical
assistance, and thereby exposing that person to | ||||||
13 | the risk of physical, mental or
emotional harm, except with | ||||||
14 | regard to medical care and treatment when such
dependent | ||||||
15 | person has expressed the intent to forgo such medical care | ||||||
16 | or
treatment. This paragraph does not create any new | ||||||
17 | affirmative duty to provide
support to dependent persons.
| ||||||
18 | (c) For the purposes of cases involving sexual offenses, | ||||||
19 | the following terms shall have the following meanings in this | ||||||
20 | Article: | ||||||
21 | (1) "Civil no contact order" means an order granted | ||||||
22 | under this Article, which includes a remedy authorized by | ||||||
23 | Section 112A-14.5 of this Code. | ||||||
24 | (2) "Family or household members" include spouses, | ||||||
25 | parents, children, stepchildren, and persons who share a | ||||||
26 | common dwelling. |
| |||||||
| |||||||
1 | (3) "Non-consensual" means a lack of freely given | ||||||
2 | agreement. | ||||||
3 | (4) "Petitioner" means not only any named petitioner | ||||||
4 | for the civil no contact order and any named victim of | ||||||
5 | non-consensual sexual conduct or non-consensual sexual | ||||||
6 | penetration on whose behalf the petition is brought, but | ||||||
7 | includes any other person sought to be protected under this | ||||||
8 | Article. | ||||||
9 | (5) "Respondent" in a petition for a civil no contact | ||||||
10 | order means the defendant. | ||||||
11 | (6) "Sexual conduct" means any intentional or knowing | ||||||
12 | touching or fondling by the petitioner or the respondent, | ||||||
13 | either directly or through clothing, of the sex organs, | ||||||
14 | anus, or breast of the petitioner or the respondent, or any | ||||||
15 | part of the body of a child under 13 years of age, or any | ||||||
16 | transfer or transmission of semen by the respondent upon | ||||||
17 | any part of the clothed or unclothed body of the | ||||||
18 | petitioner, for the purpose of sexual gratification or | ||||||
19 | arousal of the petitioner or the respondent. | ||||||
20 | (7) "Sexual penetration" means any contact, however | ||||||
21 | slight, between the sex organ or anus of one person by an | ||||||
22 | object, the sex organ, mouth or anus of another person, or | ||||||
23 | any intrusion, however slight, of any part of the body of | ||||||
24 | one person or of any animal or object into the sex organ or | ||||||
25 | anus of another person, including but not limited to | ||||||
26 | cunnilingus, fellatio or anal penetration. Evidence of |
| |||||||
| |||||||
1 | emission of semen is not required to prove sexual | ||||||
2 | penetration. | ||||||
3 | (8) "Stay away" means to refrain from both physical | ||||||
4 | presence and nonphysical contact with the petitioner | ||||||
5 | directly, indirectly, or through third parties who may or | ||||||
6 | may not know of the order. "Nonphysical contact" includes, | ||||||
7 | but is not limited to, telephone calls, mail, email e-mail , | ||||||
8 | fax, and written notes. | ||||||
9 | (d) For the purposes of cases involving stalking offenses, | ||||||
10 | the following terms shall have the following meanings in this | ||||||
11 | Article: | ||||||
12 | (1) "Course of conduct" means 2 or more acts, | ||||||
13 | including, but not limited to, acts in which a respondent | ||||||
14 | directly, indirectly, or through third parties, by any | ||||||
15 | action, method, device, or means follows, monitors, | ||||||
16 | observes, surveils, threatens, or communicates to or | ||||||
17 | about, a person, engages in other contact, or interferes | ||||||
18 | with or damages a person's property or pet. A course of | ||||||
19 | conduct may include contact via electronic communications. | ||||||
20 | The incarceration of a person in a penal institution who | ||||||
21 | commits the course of conduct is not a bar to prosecution. | ||||||
22 | (2) "Emotional distress" means significant mental | ||||||
23 | suffering, anxiety or alarm. | ||||||
24 | (3) "Contact" includes any contact with the victim, | ||||||
25 | that is initiated or continued without the victim's | ||||||
26 | consent, or that is in disregard of the victim's expressed |
| |||||||
| |||||||
1 | desire that the contact be avoided or discontinued, | ||||||
2 | including, but not limited to, being in the physical | ||||||
3 | presence of the victim; appearing within the sight of the | ||||||
4 | victim; approaching or confronting the victim in a public | ||||||
5 | place or on private property; appearing at the workplace or | ||||||
6 | residence of the victim; entering onto or remaining on | ||||||
7 | property owned, leased, or occupied by the victim; or | ||||||
8 | placing an object on, or delivering an object to, property | ||||||
9 | owned, leased, or occupied by the victim. | ||||||
10 | (4) "Petitioner" means any named petitioner for the | ||||||
11 | stalking no contact order or any named victim of stalking | ||||||
12 | on whose behalf the petition is brought. | ||||||
13 | (5) "Reasonable person" means a person in the | ||||||
14 | petitioner's circumstances with the petitioner's knowledge | ||||||
15 | of the respondent and the respondent's prior acts. | ||||||
16 | (6) "Respondent" in a petition for a civil no contact | ||||||
17 | order means the defendant. | ||||||
18 | (7) "Stalking" means engaging in a course of conduct | ||||||
19 | directed at a specific person, and he or she knows or | ||||||
20 | should know that this course of conduct would cause a | ||||||
21 | reasonable person to fear for his or her safety or the | ||||||
22 | safety of a third person or suffer emotional distress. | ||||||
23 | "Stalking" does not include an exercise of the right to | ||||||
24 | free speech or assembly that is otherwise lawful or | ||||||
25 | picketing occurring at the workplace that is otherwise | ||||||
26 | lawful and arises out of a bona fide labor dispute, |
| |||||||
| |||||||
1 | including any controversy concerning wages, salaries, | ||||||
2 | hours, working conditions or benefits, including health | ||||||
3 | and welfare, sick leave, insurance, and pension or | ||||||
4 | retirement provisions, the making or maintaining of | ||||||
5 | collective bargaining agreements, and the terms to be | ||||||
6 | included in those agreements. | ||||||
7 | (8) "Stalking no contact order" means an order granted | ||||||
8 | under this Article, which includes a remedy authorized by | ||||||
9 | Section 112A-14.7 of this Code. | ||||||
10 | (e) For the purposes of offenses involving sexual | ||||||
11 | harassment: | ||||||
12 | The following terms have the meanings provided in | ||||||
13 | Section 1-10 of the Sexual Harassment No Contact Order Act: | ||||||
14 | "contact", "course of conduct", "emotional distress", | ||||||
15 | "petitioner", "reasonable person", "sexual harassment", | ||||||
16 | and "sexual harassment no contact order". | ||||||
17 | "Offense involving sexual harassment" means any | ||||||
18 | violation of any the following Sections of the Criminal | ||||||
19 | Code of 2012 in which the defendant engaged in a course of | ||||||
20 | conduct directed at the victim that would cause a | ||||||
21 | reasonable person emotional distress: | ||||||
22 | (i) Section 12-1 (assault); | ||||||
23 | (ii) Section 12-2 (aggravated assault); | ||||||
24 | (iii) Section 12-3 (battery); | ||||||
25 | (iv) Section 12-3.05 (aggravated battery); | ||||||
26 | (v) Section 26-4 (unauthorized video recording or |
| |||||||
| |||||||
1 | live video transmission); | ||||||
2 | (vi) Section 26.5-1 (transmission of obscene | ||||||
3 | messages); | ||||||
4 | (vii) Section 26.5-2 (harassment by telephone); or | ||||||
5 | (viii) Section 26.5-3 (harassment through | ||||||
6 | electronic communications). | ||||||
7 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
8 | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
| ||||||
9 | Sec. 112A-4. Persons protected by this Article.
| ||||||
10 | (a) The following persons are protected by
this Article in | ||||||
11 | cases involving domestic violence:
| ||||||
12 | (1) any person abused by a family or household member;
| ||||||
13 | (2) any minor child or dependent adult in the care of
| ||||||
14 | such person; and
| ||||||
15 | (3) any person residing or employed at a private home | ||||||
16 | or public
shelter which is housing an abused family or | ||||||
17 | household member.
| ||||||
18 | (a-5) The following persons are protected by this Article | ||||||
19 | in cases involving sexual offenses: | ||||||
20 | (1) any victim of non-consensual sexual conduct or
| ||||||
21 | non-consensual sexual penetration on whose behalf the | ||||||
22 | petition is brought; | ||||||
23 | (2) any family or household member of the named
victim; | ||||||
24 | and | ||||||
25 | (3) any employee of or volunteer at a rape crisis |
| |||||||
| |||||||
1 | center. | ||||||
2 | (a-10) The following persons are protected by this Article | ||||||
3 | in cases involving stalking offenses: | ||||||
4 | (1) any victim of stalking; and | ||||||
5 | (2) any family or household member of the named victim. | ||||||
6 | (a-15) A victim of offenses involving sexual harassment is | ||||||
7 | protected by this Article. | ||||||
8 | (b) (Blank).
| ||||||
9 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
10 | (725 ILCS 5/112A-4.5) | ||||||
11 | Sec. 112A-4.5. Who may file petition. | ||||||
12 | (a) A petition for an order of protection may be filed: | ||||||
13 | (1) by a person
who
has been abused by a family or | ||||||
14 | household member; or | ||||||
15 | (2) by any person on behalf
of a minor child or an | ||||||
16 | adult who has been
abused by a family or household
member | ||||||
17 | and who, because of age, health, disability, or | ||||||
18 | inaccessibility,
cannot file the petition. | ||||||
19 | (b) A petition for a civil no contact order may be filed: | ||||||
20 | (1) by any person who is a victim of non-consensual
| ||||||
21 | sexual conduct or non-consensual sexual penetration, | ||||||
22 | including a single incident of non-consensual sexual | ||||||
23 | conduct or non-consensual sexual penetration; or | ||||||
24 | (2) by a person on behalf of a minor child or an
adult | ||||||
25 | who is a victim of non-consensual sexual conduct or |
| |||||||
| |||||||
1 | non-consensual sexual penetration but, because of age, | ||||||
2 | disability, health, or inaccessibility, cannot file the | ||||||
3 | petition. | ||||||
4 | (c) A petition for a stalking no contact order may be | ||||||
5 | filed: | ||||||
6 | (1) by any person who is a victim of stalking; or | ||||||
7 | (2) by a person on behalf of a minor child or an
adult | ||||||
8 | who is a victim of stalking but, because of age, | ||||||
9 | disability, health, or inaccessibility, cannot file the | ||||||
10 | petition. | ||||||
11 | (c-5) A petition for a sexual harassment no contact order | ||||||
12 | may be filed: | ||||||
13 | (1) by any person who is a victim of sexual harassment; | ||||||
14 | or | ||||||
15 | (2) by a person on behalf of a minor child or an adult | ||||||
16 | who is a victim of sexual
harassment but, because of age, | ||||||
17 | disability, health, or inaccessibility, cannot file the | ||||||
18 | petition. | ||||||
19 | (d) The State's Attorney shall file a petition on behalf on | ||||||
20 | any person who may file a petition under subsection subsections | ||||||
21 | (a), (b) , or (c) , or (c-5) of this Section if the person | ||||||
22 | requests the State's Attorney to file a petition on the | ||||||
23 | person's behalf. | ||||||
24 | (e) Any petition properly
filed under this Article may seek
| ||||||
25 | protection for any additional persons protected by this | ||||||
26 | Article.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-199, eff. 1-1-18 .) | ||||||
2 | (725 ILCS 5/112A-5.5) | ||||||
3 | Sec. 112A-5.5. Time for filing petition. A petition for a | ||||||
4 | protective order may be filed at any time before the charge is | ||||||
5 | dismissed, the defendant is acquitted, or the defendant | ||||||
6 | completes service of his or her sentence. The petition can be | ||||||
7 | considered at any court proceeding in the delinquency or | ||||||
8 | criminal case at which the defendant is present. The court may | ||||||
9 | schedule a separate court proceeding to consider the petition. | ||||||
10 | A petition for a sexual harassment no contact order may be | ||||||
11 | filed at any time, regardless of whether any criminal charges | ||||||
12 | are ever filed.
| ||||||
13 | (Source: P.A. 100-199, eff. 1-1-18 .) | ||||||
14 | (725 ILCS 5/112A-11.5) | ||||||
15 | Sec. 112A-11.5. Issuance of protective order. | ||||||
16 | (a) The court shall grant the petition and enter a | ||||||
17 | protective order if the court finds prima facie evidence that a | ||||||
18 | crime involving domestic violence, a sexual offense , or a crime | ||||||
19 | involving stalking has been committed , or an offense involving | ||||||
20 | sexual harassment has been committed . The following shall be | ||||||
21 | considered prima facie evidence of the offense crime : | ||||||
22 | (1) an information, complaint, indictment or | ||||||
23 | delinquency petition, charging a crime of domestic | ||||||
24 | violence, a sexual offense or stalking or charging an |
| |||||||
| |||||||
1 | attempt to commit a crime of domestic violence, a sexual | ||||||
2 | offense or stalking; or | ||||||
3 | (2) an adjudication of delinquency, a finding of guilt | ||||||
4 | based upon a plea, or a finding of guilt after a trial for | ||||||
5 | a crime of domestic battery, a sexual crime or stalking or | ||||||
6 | an attempt to commit a crime of domestic violence, a sexual | ||||||
7 | offense or stalking; | ||||||
8 | (3) any dispositional order issued under Section 5-710 | ||||||
9 | of the Juvenile Court Act of 1987, the imposition of | ||||||
10 | supervision, conditional discharge, probation, periodic | ||||||
11 | imprisonment, parole, aftercare release or mandatory | ||||||
12 | supervised release for a crime of domestic violence, a | ||||||
13 | sexual offense or stalking or an attempt to commit a crime | ||||||
14 | of domestic violence, a sexual offense, or stalking, or | ||||||
15 | imprisonment in conjunction with a bond forfeiture | ||||||
16 | warrant; or | ||||||
17 | (4) the entry of a protective order in a separate civil | ||||||
18 | case brought by the petitioner against the respondent ; or . | ||||||
19 | (5) an administrative or judicial complaint of sexual | ||||||
20 | harassment under the Illinois Human Rights Act. | ||||||
21 | (b) The petitioner shall not be denied a protective order | ||||||
22 | because the petitioner or the respondent is a minor. | ||||||
23 | (c) The court, when determining whether or not to issue a | ||||||
24 | protective order, may not require physical injury on the person | ||||||
25 | of the victim.
| ||||||
26 | (Source: P.A. 100-199, eff. 1-1-18 .) |
| |||||||
| |||||||
1 | (725 ILCS 5/112A-14.8 new) | ||||||
2 | Sec. 112A-14.8. Sexual harassment no contact order; | ||||||
3 | remedies. | ||||||
4 | (a) The court may order any of the remedies listed in this | ||||||
5 | Section. The remedies listed in this Section shall be in | ||||||
6 | addition to other civil or criminal remedies available to | ||||||
7 | petitioner. A sexual harassment no contact order, consisting of | ||||||
8 | one or more of the following, shall: | ||||||
9 | (1) prohibit the respondent from continued harassment | ||||||
10 | of the petitioner; | ||||||
11 | (2) order the respondent not to have any contact with | ||||||
12 | the petitioner or a third person specifically named by the | ||||||
13 | court; | ||||||
14 | (3) prohibit the respondent from knowingly coming | ||||||
15 | within or knowingly remaining within a specified distance | ||||||
16 | of the petitioner or the petitioner's residence, school, | ||||||
17 | daycare, or place of employment, or any specified place | ||||||
18 | frequented by the petitioner; however, the court may order | ||||||
19 | the respondent to stay away from the respondent's own | ||||||
20 | residence, school, or place of employment only if the | ||||||
21 | respondent has been provided actual notice of the | ||||||
22 | opportunity to appear and be heard on the petition; | ||||||
23 | (4) prohibit the respondent from possessing a Firearm | ||||||
24 | Owners Identification Card, or possession or buying | ||||||
25 | firearms where there was a threat of force with a weapon; |
| |||||||
| |||||||
1 | and | ||||||
2 | (5) order other injunctive relief the court determines | ||||||
3 | to be necessary to protect the petitioner or third party | ||||||
4 | specifically named by the court. | ||||||
5 | (b) When the petitioner and the respondent attend the same | ||||||
6 | public, private, or nonpublic elementary, middle, or high | ||||||
7 | school, the court, when issuing a sexual harassment no contact | ||||||
8 | order and providing relief, shall consider the severity of the | ||||||
9 | act, any continuing physical danger or emotional distress to | ||||||
10 | the petitioner, the educational rights guaranteed to the | ||||||
11 | petitioner and respondent under federal and State law, the | ||||||
12 | availability of a transfer of the respondent to another school, | ||||||
13 | a change of placement or a change of program of the respondent, | ||||||
14 | the expense, difficulty, and educational disruption that would | ||||||
15 | be caused by a transfer of the respondent to another school, | ||||||
16 | and any other relevant facts of the case. The court may order | ||||||
17 | that the respondent not attend the public, private, or | ||||||
18 | nonpublic elementary, middle, or high school attended by the | ||||||
19 | petitioner, order that the respondent accept a change of | ||||||
20 | placement or program, as determined by the school district or | ||||||
21 | private or nonpublic school, or place restrictions on the | ||||||
22 | respondent's movements within the school attended by the | ||||||
23 | petitioner. The respondent bears the burden of proving by a | ||||||
24 | preponderance of the evidence that a transfer, change of | ||||||
25 | placement, or change of program of the respondent is not | ||||||
26 | available. The respondent also bears the burden of production |
| |||||||
| |||||||
1 | with respect to the expense, difficulty, and educational | ||||||
2 | disruption that would be caused by a transfer of the respondent | ||||||
3 | to another school. A transfer, change of placement, or change | ||||||
4 | of program is not unavailable to the respondent solely on the | ||||||
5 | ground that the respondent does not agree with the school | ||||||
6 | district's or private or nonpublic school's transfer, change of | ||||||
7 | placement, or change of program or solely on the ground that | ||||||
8 | the respondent fails or refuses to consent to or otherwise does | ||||||
9 | not take an action required to effectuate a transfer, change of | ||||||
10 | placement, or change of program. When a court orders a | ||||||
11 | respondent to stay away from the public, private, or nonpublic | ||||||
12 | school attended by the petitioner and the respondent requests a | ||||||
13 | transfer to another attendance center within the respondent's | ||||||
14 | school district or private or nonpublic school, the school | ||||||
15 | district or private or nonpublic school shall have sole | ||||||
16 | discretion to determine the attendance center to which the | ||||||
17 | respondent is transferred. If the court order results in a | ||||||
18 | transfer of the minor respondent to another attendance center, | ||||||
19 | a change in the respondent's placement, or a change of the | ||||||
20 | respondent's program, the parents, guardian, or legal | ||||||
21 | custodian of the respondent is responsible for transportation | ||||||
22 | and other costs associated with the transfer or change. | ||||||
23 | (c) The court may order the parents, guardian, or legal | ||||||
24 | custodian of a minor respondent to take certain actions or to | ||||||
25 | refrain from taking certain actions to ensure that the | ||||||
26 | respondent complies with the order. If the court orders a |
| |||||||
| |||||||
1 | transfer of the respondent to another school, the parents, | ||||||
2 | guardian, or legal custodian of the respondent is responsible | ||||||
3 | for transportation and other costs associated with the change | ||||||
4 | of school by the respondent. | ||||||
5 | (d) The court shall not hold a school district or private | ||||||
6 | or nonpublic school or any of its employees in civil or | ||||||
7 | criminal contempt unless the school district or private or | ||||||
8 | nonpublic school has been allowed to intervene. | ||||||
9 | (e) The court may hold the parents, guardian, or legal | ||||||
10 | custodian of a minor respondent in civil or criminal contempt | ||||||
11 | for a violation of any provision of any order entered under | ||||||
12 | this Act for conduct of the minor respondent in violation of | ||||||
13 | this Act if the parents, guardian, or legal custodian directed, | ||||||
14 | encouraged, or assisted the respondent minor in the conduct. | ||||||
15 | (f) The court may award the petitioner costs and attorney's | ||||||
16 | fees if a sexual harassment no contact order is granted. | ||||||
17 | (g) Monetary damages are not recoverable as a remedy. | ||||||
18 | (h) If the sexual harassment no contact order prohibits the | ||||||
19 | respondent from possessing a Firearm Owner's Identification | ||||||
20 | Card or possessing or buying firearms where there was a threat | ||||||
21 | of force with a weapon, the court shall confiscate the | ||||||
22 | respondent's Firearm Owner's Identification Card and | ||||||
23 | immediately return the card to the Department of State Police | ||||||
24 | Firearm Owner's Identification Card Office. | ||||||
25 | (725 ILCS 5/112A-21.8 new) |
| |||||||
| |||||||
1 | Sec. 112A-21.8. Contents of sexual harassment no contact | ||||||
2 | orders. | ||||||
3 | (a) A sexual harassment no contact order shall describe | ||||||
4 | each remedy granted by the court, in reasonable detail and not | ||||||
5 | by reference to any other document, so that the respondent may | ||||||
6 | clearly understand what he or she must do or refrain from | ||||||
7 | doing. | ||||||
8 | (b) A sexual harassment no contact order shall further | ||||||
9 | state the following: | ||||||
10 | (1) The name of each petitioner that the court finds | ||||||
11 | was the victim of sexual harassment by the respondent. | ||||||
12 | (2) The date and time the sexual harassment no contact | ||||||
13 | order was issued. | ||||||
14 | (c) A sexual harassment no contact order shall include the | ||||||
15 | following notice, printed in conspicuous type: | ||||||
16 | "An initial knowing violation of a sexual harassment no | ||||||
17 | contact order is a Class A misdemeanor. Any second or | ||||||
18 | subsequent knowing violation is a Class 4 felony.". | ||||||
19 | "This Sexual Harassment No Contact Order is enforceable, | ||||||
20 | even without registration, in all 50 states, the District of | ||||||
21 | Columbia, tribal lands, and the U.S. territories under the | ||||||
22 | Violence Against Women Act (18 U.S.C. 2265).".
| ||||||
23 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
24 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
25 | (a) When violation is crime. A violation of any order of |
| |||||||
| |||||||
1 | protection,
whether issued in a civil, quasi-criminal | ||||||
2 | proceeding, shall be
enforced by a
criminal court when:
| ||||||
3 | (1) The respondent commits the crime of violation of an | ||||||
4 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
5 | the Criminal Code of
1961 or the Criminal Code of 2012, by
| ||||||
6 | having knowingly violated:
| ||||||
7 | (i) remedies described in paragraphs (1), (2), | ||||||
8 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
9 | 112A-14,
| ||||||
10 | (ii) a remedy, which is substantially similar to | ||||||
11 | the remedies
authorized
under paragraphs (1), (2), | ||||||
12 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
13 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
14 | order of protection,
which is authorized under the laws | ||||||
15 | of another state, tribe or United States
territory,
| ||||||
16 | (iii) or any other remedy when the act
constitutes | ||||||
17 | a crime against the protected parties as defined by the | ||||||
18 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
19 | Prosecution for a violation of an order of protection | ||||||
20 | shall
not bar concurrent prosecution for any other crime, | ||||||
21 | including any crime
that may have been committed at the | ||||||
22 | time of the violation of the order
of protection; or
| ||||||
23 | (2) The respondent commits the crime of child abduction | ||||||
24 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
26 | (i) remedies described in paragraphs (5), (6) or |
| |||||||
| |||||||
1 | (8) of subsection
(b)
of
Section 112A-14, or
| ||||||
2 | (ii) a remedy, which is substantially similar to | ||||||
3 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
4 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
5 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
6 | order of protection,
which is authorized under the laws | ||||||
7 | of another state, tribe or United States
territory.
| ||||||
8 | (3) The respondent commits the crime of violation of a | ||||||
9 | civil no contact order when the respondent violates Section | ||||||
10 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
11 | violation of a civil no contact order shall not bar | ||||||
12 | concurrent prosecution for any other crime, including any | ||||||
13 | crime that may have been committed at the time of the | ||||||
14 | violation of the civil no contact order. | ||||||
15 | (4) The respondent commits the crime of violation of a | ||||||
16 | stalking no contact order when the respondent violates | ||||||
17 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
18 | for a violation of a stalking no contact order shall not | ||||||
19 | bar concurrent prosecution for any other crime, including | ||||||
20 | any crime that may have been committed at the time of the | ||||||
21 | violation of the stalking no contact order. | ||||||
22 | (5) The respondent commits the crime of violation of a | ||||||
23 | sexual harassment no contact order when the respondent | ||||||
24 | violates Section 12-3.10 of the Criminal Code of 2012. | ||||||
25 | Prosecution for a violation of a sexual harassment no | ||||||
26 | contact order shall not bar concurrent prosecution for any |
| |||||||
| |||||||
1 | other crime, including any crime that may have been | ||||||
2 | committed at the time of the violation of the sexual | ||||||
3 | harassment no contact order. | ||||||
4 | (b) When violation is contempt of court. A violation of any | ||||||
5 | valid protective order, whether issued in a civil or criminal
| ||||||
6 | proceeding, may be enforced through civil or criminal contempt | ||||||
7 | procedures,
as appropriate, by any court with jurisdiction, | ||||||
8 | regardless where the act or
acts which violated the protective | ||||||
9 | order were committed, to the extent
consistent with the venue | ||||||
10 | provisions of this Article. Nothing in this
Article shall | ||||||
11 | preclude any Illinois court from enforcing any valid protective | ||||||
12 | order issued in another state. Illinois courts may enforce | ||||||
13 | protective orders through both criminal prosecution and | ||||||
14 | contempt proceedings,
unless the action which is second in time | ||||||
15 | is barred by collateral estoppel
or the constitutional | ||||||
16 | prohibition against double jeopardy.
| ||||||
17 | (1) In a contempt proceeding where the petition for a | ||||||
18 | rule to show
cause sets forth facts evidencing an immediate | ||||||
19 | danger that the
respondent will flee the jurisdiction, | ||||||
20 | conceal a child, or inflict physical
abuse on the | ||||||
21 | petitioner or minor children or on dependent adults in
| ||||||
22 | petitioner's care, the court may order the
attachment of | ||||||
23 | the respondent without prior service of the rule to show
| ||||||
24 | cause or the petition for a rule to show cause. Bond shall | ||||||
25 | be set unless
specifically denied in writing.
| ||||||
26 | (2) A petition for a rule to show cause for violation |
| |||||||
| |||||||
1 | of a protective order shall be treated as an expedited | ||||||
2 | proceeding.
| ||||||
3 | (c) Violation of custody, allocation of parental | ||||||
4 | responsibility, or support orders. A violation of remedies
| ||||||
5 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
6 | of Section
112A-14 may be enforced by any remedy provided by | ||||||
7 | Section 607.5 of
the Illinois Marriage and Dissolution of | ||||||
8 | Marriage Act. The court may
enforce any order for support | ||||||
9 | issued under paragraph (12) of subsection (b)
of Section | ||||||
10 | 112A-14 in the manner provided for under Parts
V and VII of the
| ||||||
11 | Illinois Marriage and Dissolution of Marriage Act.
| ||||||
12 | (d) Actual knowledge. A protective order may be
enforced | ||||||
13 | pursuant to this Section if the respondent violates the order
| ||||||
14 | after respondent has actual knowledge of its contents
as shown | ||||||
15 | through one of the following means:
| ||||||
16 | (1) (Blank).
| ||||||
17 | (2) (Blank).
| ||||||
18 | (3) By service of an order of protection under Section | ||||||
19 | 112A-22.
| ||||||
20 | (4) By other means demonstrating actual knowledge of | ||||||
21 | the contents of the order.
| ||||||
22 | (e) The enforcement of an order of protection in civil or | ||||||
23 | criminal court
shall not be affected by either of the | ||||||
24 | following:
| ||||||
25 | (1) The existence of a separate, correlative order | ||||||
26 | entered under Section
112A-15.
|
| |||||||
| |||||||
1 | (2) Any finding or order entered in a conjoined | ||||||
2 | criminal proceeding.
| ||||||
3 | (f) Circumstances. The court, when determining whether or | ||||||
4 | not a
violation of a protective order has occurred, shall not | ||||||
5 | require
physical manifestations of abuse on the person of the | ||||||
6 | victim.
| ||||||
7 | (g) Penalties.
| ||||||
8 | (1) Except as provided in paragraph (3) of this
| ||||||
9 | subsection, where the court finds the commission of a crime | ||||||
10 | or contempt of
court under subsections (a) or (b) of this | ||||||
11 | Section, the penalty shall be
the penalty that generally | ||||||
12 | applies in such criminal or contempt
proceedings, and may | ||||||
13 | include one or more of the following: incarceration,
| ||||||
14 | payment of restitution, a fine, payment of attorneys' fees | ||||||
15 | and costs, or
community service.
| ||||||
16 | (2) The court shall hear and take into account evidence | ||||||
17 | of any factors
in aggravation or mitigation before deciding | ||||||
18 | an appropriate penalty under
paragraph (1) of this | ||||||
19 | subsection.
| ||||||
20 | (3) To the extent permitted by law, the court is | ||||||
21 | encouraged to:
| ||||||
22 | (i) increase the penalty for the knowing violation | ||||||
23 | of
any protective order over any penalty previously | ||||||
24 | imposed by any court
for respondent's violation of any | ||||||
25 | protective order or penal statute
involving petitioner | ||||||
26 | as victim and respondent as defendant;
|
| |||||||
| |||||||
1 | (ii) impose a minimum penalty of 24 hours | ||||||
2 | imprisonment for respondent's
first violation of any | ||||||
3 | protective order; and
| ||||||
4 | (iii) impose a minimum penalty of 48 hours | ||||||
5 | imprisonment for
respondent's second or subsequent | ||||||
6 | violation of a protective order | ||||||
7 | unless the court explicitly finds that an increased penalty | ||||||
8 | or that
period of imprisonment would be manifestly unjust.
| ||||||
9 | (4) In addition to any other penalties imposed for a | ||||||
10 | violation of a protective order, a criminal court may | ||||||
11 | consider evidence of any
violations of a protective order:
| ||||||
12 | (i) to increase, revoke or modify the bail bond on | ||||||
13 | an underlying
criminal charge pursuant to Section | ||||||
14 | 110-6;
| ||||||
15 | (ii) to revoke or modify an order of probation, | ||||||
16 | conditional discharge or
supervision, pursuant to | ||||||
17 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
18 | (iii) to revoke or modify a sentence of periodic | ||||||
19 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
20 | Code of Corrections.
| ||||||
21 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18 .)
| ||||||
22 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||||||
23 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
24 | agencies.
| ||||||
25 | (a) All sheriffs shall furnish to the Department of State |
| |||||||
| |||||||
1 | Police, daily, in
the form and detail the Department requires, | ||||||
2 | copies of any recorded protective orders issued by the court, | ||||||
3 | and any foreign orders of protection filed by
the clerk of the | ||||||
4 | court, and transmitted to the sheriff by the clerk of the
| ||||||
5 | court. Each protective order shall be entered in the Law | ||||||
6 | Enforcement Agencies
Data System on the same day it is issued | ||||||
7 | by the court.
| ||||||
8 | (b) The Department of State Police shall maintain a | ||||||
9 | complete and systematic
record and index of all valid and | ||||||
10 | recorded protective orders issued or
filed under this Act. The | ||||||
11 | data shall be used to inform all dispatchers
and law | ||||||
12 | enforcement officers at the scene of an alleged incident of | ||||||
13 | abuse or
violation of a protective order of any recorded prior | ||||||
14 | incident of abuse
involving the abused party and the effective | ||||||
15 | dates and terms of any recorded
protective order.
| ||||||
16 | (c) The data, records and transmittals required under this | ||||||
17 | Section shall
pertain to: | ||||||
18 | (1) any valid emergency, interim or plenary order of | ||||||
19 | protection, civil no contact order, or stalking no contact | ||||||
20 | order , or sexual harassment no contact order
issued in a | ||||||
21 | civil proceeding; and | ||||||
22 | (2) any valid protective order issued in a criminal | ||||||
23 | proceeding or authorized under the laws
of another state, | ||||||
24 | tribe, or United States territory.
| ||||||
25 | (Source: P.A. 100-199, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | Article 2. | ||||||
2 | Section 2-5. The Code of Civil Procedure is amended by | ||||||
3 | adding Section 2-2302 as follows: | ||||||
4 | (735 ILCS 5/2-2302 new) | ||||||
5 | Sec. 2-2302. Nondisclosure agreements. Notwithstanding any | ||||||
6 | other law to the contrary, for any claim or cause of action, | ||||||
7 | whether arising under common law, equity, or any provision of | ||||||
8 | law, the factual foundation for which involves sexual | ||||||
9 | harassment, in resolving, by agreed judgment, stipulation, | ||||||
10 | decree, agreement to settle, assurance of discontinuance or | ||||||
11 | otherwise, neither an employer nor an officer or employee of | ||||||
12 | the employer has the authority to include or agree to include | ||||||
13 | in such resolution any term or condition that would prevent the | ||||||
14 | disclosure of the underlying facts and circumstances of the | ||||||
15 | claim or action unless the condition of confidentiality is the | ||||||
16 | plaintiff's preference. Any such term or condition must be | ||||||
17 | provided to all parties, and the plaintiff shall have 21 days | ||||||
18 | to consider such term or condition. If after 21 days such term | ||||||
19 | or condition is the plaintiff's preference, such preference | ||||||
20 | shall be memorialized in an agreement signed by all parties. | ||||||
21 | For a period of at least 7 days following the execution of such | ||||||
22 | agreement, the plaintiff may revoke the agreement, and the | ||||||
23 | agreement shall not become effective or be enforceable until | ||||||
24 | such revocation period has expired. |
| |||||||
| |||||||
1 | Article 3. | ||||||
2 | Section 3-5. The Illinois Human Rights Act is amended by | ||||||
3 | changing Sections 2-101 and 2-102 and by adding Section 2-108 | ||||||
4 | as follows:
| ||||||
5 | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| ||||||
6 | Sec. 2-101. Definitions. The following definitions are | ||||||
7 | applicable
strictly in the context of this Article.
| ||||||
8 | (A) Employee.
| ||||||
9 | (1) "Employee" includes:
| ||||||
10 | (a) Any individual performing services for | ||||||
11 | remuneration within this
State for an employer , | ||||||
12 | including, but not limited to, a contractor, | ||||||
13 | subcontractor, vendor, consultant, or other person | ||||||
14 | providing services pursuant to a contract in the | ||||||
15 | workplace ;
| ||||||
16 | (b) An apprentice;
| ||||||
17 | (c) An applicant for any apprenticeship.
| ||||||
18 | For purposes of subsection (D) of Section 2-102 of this | ||||||
19 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
20 | intern is a person who performs work for an employer under | ||||||
21 | the following circumstances: | ||||||
22 | (i) the employer is not committed to hiring the | ||||||
23 | person performing the work at the conclusion of the |
| |||||||
| |||||||
1 | intern's tenure; | ||||||
2 | (ii) the employer and the person performing the | ||||||
3 | work agree that the person is not entitled to wages for | ||||||
4 | the work performed; and | ||||||
5 | (iii) the work performed: | ||||||
6 | (I) supplements training given in an | ||||||
7 | educational environment that may enhance the | ||||||
8 | employability of the intern; | ||||||
9 | (II) provides experience for the benefit of | ||||||
10 | the person performing the work; | ||||||
11 | (III) does not displace regular employees; | ||||||
12 | (IV) is performed under the close supervision | ||||||
13 | of existing staff; and | ||||||
14 | (V) provides no immediate advantage to the | ||||||
15 | employer providing the training and may
| ||||||
16 | occasionally impede the operations of the | ||||||
17 | employer. | ||||||
18 | (2) "Employee" does not include:
| ||||||
19 | (a) (Blank);
| ||||||
20 | (b) Individuals employed by persons who are not | ||||||
21 | "employers" as
defined by this Act;
| ||||||
22 | (c) Elected public officials or the members of | ||||||
23 | their immediate
personal staffs ;
| ||||||
24 | (d) Principal administrative officers of the State | ||||||
25 | or of any
political subdivision, municipal corporation | ||||||
26 | or other governmental unit
or agency;
|
| |||||||
| |||||||
1 | (e) A person in a vocational rehabilitation | ||||||
2 | facility certified under
federal law who has been | ||||||
3 | designated an evaluee, trainee, or work
activity | ||||||
4 | client.
| ||||||
5 | (B) Employer.
| ||||||
6 | (1) "Employer" includes:
| ||||||
7 | (a) Any person employing 15 or more employees | ||||||
8 | within Illinois during
20 or more calendar weeks within | ||||||
9 | the calendar year of or preceding the alleged
| ||||||
10 | violation;
| ||||||
11 | (b) Any person employing one or more employees when | ||||||
12 | a complainant
alleges civil rights violation due to | ||||||
13 | unlawful discrimination based
upon his or her physical | ||||||
14 | or mental disability unrelated to ability, pregnancy, | ||||||
15 | or
sexual harassment;
| ||||||
16 | (c) The State and any political subdivision, | ||||||
17 | municipal corporation
or other governmental unit or | ||||||
18 | agency, without regard to the number of
employees;
| ||||||
19 | (d) Any party to a public contract without regard | ||||||
20 | to the number of
employees;
| ||||||
21 | (e) A joint apprenticeship or training committee | ||||||
22 | without regard to the
number of employees.
| ||||||
23 | (2) "Employer" does not include any religious | ||||||
24 | corporation,
association, educational institution, | ||||||
25 | society, or non-profit nursing
institution conducted by | ||||||
26 | and for those who rely upon treatment by prayer
through |
| |||||||
| |||||||
1 | spiritual means in accordance with the tenets of a | ||||||
2 | recognized
church or religious denomination with respect | ||||||
3 | to the employment of
individuals of a particular religion | ||||||
4 | to perform work connected with the
carrying on by such | ||||||
5 | corporation, association, educational institution,
society | ||||||
6 | or non-profit nursing institution of its activities.
| ||||||
7 | (C) Employment Agency. "Employment Agency" includes both | ||||||
8 | public and
private employment agencies and any person, labor | ||||||
9 | organization, or labor
union having a hiring hall or hiring | ||||||
10 | office regularly undertaking, with
or without compensation, to | ||||||
11 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
12 | place employees.
| ||||||
13 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
14 | organization, labor union, craft union, or any voluntary | ||||||
15 | unincorporated
association designed to further the cause of the | ||||||
16 | rights of union labor
which is constituted for the purpose, in | ||||||
17 | whole or in part, of collective
bargaining or of dealing with | ||||||
18 | employers concerning grievances, terms or
conditions of | ||||||
19 | employment, or apprenticeships or applications for
| ||||||
20 | apprenticeships, or of other mutual aid or protection in | ||||||
21 | connection with
employment, including apprenticeships or | ||||||
22 | applications for apprenticeships.
| ||||||
23 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
24 | harassment or discrimination on the basis of an individual's | ||||||
25 | actual or perceived sex or gender, including unwelcome sexual
| ||||||
26 | advances , or requests for sexual favors , other verbal or |
| |||||||
| |||||||
1 | physical conduct of a sexual nature, or any other or any | ||||||
2 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
3 | is made either explicitly or implicitly
a term or condition of | ||||||
4 | an individual's employment, (2) submission to or
rejection of | ||||||
5 | such conduct by an individual is used as the basis for
| ||||||
6 | employment decisions affecting such individual, or (3) such | ||||||
7 | conduct has the
purpose or effect of substantially interfering | ||||||
8 | with an individual's work
performance or creating an | ||||||
9 | intimidating, hostile or offensive working
environment.
| ||||||
10 | (F) Religion. "Religion" with respect to employers | ||||||
11 | includes all
aspects of religious observance and practice, as | ||||||
12 | well as belief, unless an
employer demonstrates that he is | ||||||
13 | unable to reasonably accommodate an
employee's or prospective | ||||||
14 | employee's religious observance or practice
without undue | ||||||
15 | hardship on the conduct of the employer's business.
| ||||||
16 | (G) Public Employer. "Public employer" means the State, an | ||||||
17 | agency or
department thereof, unit of local government, school | ||||||
18 | district,
instrumentality or political subdivision.
| ||||||
19 | (H) Public Employee. "Public employee" means an employee of | ||||||
20 | the State,
agency or department thereof, unit of local | ||||||
21 | government, school district,
instrumentality or political | ||||||
22 | subdivision. "Public employee" does not include
public | ||||||
23 | officers or employees of the General Assembly or agencies | ||||||
24 | thereof.
| ||||||
25 | (I) Public Officer. "Public officer" means a person who is | ||||||
26 | elected to
office pursuant to the Constitution or a statute or |
| |||||||
| |||||||
1 | ordinance, or who is
appointed to an office which is | ||||||
2 | established, and the qualifications and
duties of which are | ||||||
3 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
4 | discharge a public duty for the State, agency or department
| ||||||
5 | thereof, unit of local government, school district, | ||||||
6 | instrumentality or
political subdivision.
| ||||||
7 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
8 | prior to contract award or prior to bid opening for State | ||||||
9 | contracts for construction or construction-related services, | ||||||
10 | has filed with the Department a properly completed, sworn and
| ||||||
11 | currently valid employer report form, pursuant to the | ||||||
12 | Department's regulations.
The provisions of this Article | ||||||
13 | relating to eligible bidders apply only
to bids on contracts | ||||||
14 | with the State and its departments, agencies, boards,
and | ||||||
15 | commissions, and the provisions do not apply to bids on | ||||||
16 | contracts with
units of local government or school districts.
| ||||||
17 | (K) Citizenship Status. "Citizenship status" means the | ||||||
18 | status of being:
| ||||||
19 | (1) a born U.S. citizen;
| ||||||
20 | (2) a naturalized U.S. citizen;
| ||||||
21 | (3) a U.S. national; or
| ||||||
22 | (4) a person born outside the United States and not a | ||||||
23 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
24 | protected from discrimination under
the provisions of | ||||||
25 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
26 | or hereafter amended.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, | ||||||
2 | eff. 8-9-17.)
| ||||||
3 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| ||||||
4 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
5 | civil
rights violation:
| ||||||
6 | (A) Employers. For any employer to refuse to hire, to | ||||||
7 | segregate, or
to act with respect to recruitment, hiring, | ||||||
8 | promotion, renewal of employment,
selection for training or | ||||||
9 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
10 | privileges or conditions of employment on the basis of unlawful
| ||||||
11 | discrimination or citizenship status.
| ||||||
12 | (A-5) Language. For an employer to impose a restriction | ||||||
13 | that has the
effect of prohibiting a language from being spoken | ||||||
14 | by an employee in
communications that are unrelated to the | ||||||
15 | employee's duties.
| ||||||
16 | For the purposes of this subdivision (A-5), "language" | ||||||
17 | means a person's
native tongue, such as Polish, Spanish, or
| ||||||
18 | Chinese.
"Language" does not include such things as slang, | ||||||
19 | jargon, profanity, or
vulgarity.
| ||||||
20 | (B) Employment Agency. For any employment agency to fail or | ||||||
21 | refuse
to classify properly, accept applications and register | ||||||
22 | for employment
referral or apprenticeship referral, refer for | ||||||
23 | employment, or refer for
apprenticeship on the basis of | ||||||
24 | unlawful discrimination or citizenship
status or to accept from | ||||||
25 | any person any job order, requisition or request
for referral |
| |||||||
| |||||||
1 | of applicants for employment or apprenticeship which makes or
| ||||||
2 | has the effect of making unlawful discrimination or | ||||||
3 | discrimination on the
basis of citizenship status a condition | ||||||
4 | of referral.
| ||||||
5 | (C) Labor Organization. For any labor organization to | ||||||
6 | limit,
segregate or classify its membership, or to limit | ||||||
7 | employment
opportunities, selection and training for | ||||||
8 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
9 | fail to take, any action which affects
adversely any person's | ||||||
10 | status as an employee or as an applicant for
employment or as | ||||||
11 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
12 | wages, tenure, hours of employment or apprenticeship | ||||||
13 | conditions on the
basis of unlawful discrimination or | ||||||
14 | citizenship status.
| ||||||
15 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
16 | any employer,
employment agency or labor organization to engage | ||||||
17 | in sexual harassment;
provided, that an employer shall be | ||||||
18 | responsible for sexual harassment
of the employer's employees | ||||||
19 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
20 | only if the employer becomes aware of the conduct and fails to
| ||||||
21 | take reasonable corrective measures.
| ||||||
22 | (E) Public Employers. For any public employer to refuse to | ||||||
23 | permit a
public employee under its jurisdiction who takes time | ||||||
24 | off from work in
order to practice his or her religious beliefs | ||||||
25 | to engage in work, during hours
other than such employee's | ||||||
26 | regular working hours, consistent with the
operational needs of |
| |||||||
| |||||||
1 | the employer and in order to compensate for work time
lost for | ||||||
2 | such religious reasons. Any employee who elects such deferred
| ||||||
3 | work shall be compensated at the wage rate which he or she | ||||||
4 | would have
earned during the originally scheduled work period. | ||||||
5 | The employer may
require that an employee who plans to take | ||||||
6 | time off from work in order to
practice his or her religious | ||||||
7 | beliefs provide the employer with a notice of
his or her | ||||||
8 | intention to be absent from work not exceeding 5 days prior to
| ||||||
9 | the date of absence.
| ||||||
10 | (E-5) Religious discrimination. For any employer to impose | ||||||
11 | upon a person as a condition of obtaining or retaining | ||||||
12 | employment, including opportunities for promotion, | ||||||
13 | advancement, or transfer, any terms or conditions that would | ||||||
14 | require such person to violate or forgo a sincerely held | ||||||
15 | practice of his or her religion including, but not limited to, | ||||||
16 | the wearing of any attire, clothing, or facial hair in | ||||||
17 | accordance with the requirements of his or her religion, | ||||||
18 | unless, after engaging in a bona fide effort, the employer | ||||||
19 | demonstrates that it is unable to reasonably accommodate the | ||||||
20 | employee's or prospective employee's sincerely held religious | ||||||
21 | belief, practice, or observance without undue hardship on the | ||||||
22 | conduct of the employer's business. | ||||||
23 | Nothing in this Section prohibits an employer from enacting | ||||||
24 | a dress code or grooming policy that may include restrictions | ||||||
25 | on attire, clothing, or facial hair to maintain workplace | ||||||
26 | safety or food sanitation. |
| |||||||
| |||||||
1 | (F) Training and Apprenticeship Programs. For any | ||||||
2 | employer,
employment agency or labor organization to | ||||||
3 | discriminate against a person on
the basis of age in the | ||||||
4 | selection, referral for or conduct of apprenticeship
or | ||||||
5 | training programs.
| ||||||
6 | (G) Immigration-Related Practices. | ||||||
7 | (1) for an employer to request for
purposes of | ||||||
8 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
9 | of
the United States Code, as now or hereafter amended, | ||||||
10 | more or different
documents than are required under such | ||||||
11 | Section or to refuse to honor
documents tendered that on | ||||||
12 | their face reasonably appear to be genuine; or
| ||||||
13 | (2) for an employer participating in the E-Verify | ||||||
14 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
15 | Programs for Employment Eligibility Confirmation (enacted | ||||||
16 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
17 | hire, to segregate, or to act with respect to recruitment, | ||||||
18 | hiring, promotion, renewal of employment, selection for | ||||||
19 | training or apprenticeship, discharge, discipline, tenure | ||||||
20 | or terms, privileges or conditions of employment without | ||||||
21 | following the procedures under the E-Verify Program. | ||||||
22 | (H) (Blank).
| ||||||
23 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
24 | segregate, or to act with respect to recruitment, hiring, | ||||||
25 | promotion, renewal of employment, selection for training or | ||||||
26 | apprenticeship, discharge, discipline, tenure or terms, |
| |||||||
| |||||||
1 | privileges or conditions of employment on the basis of | ||||||
2 | pregnancy, childbirth, or medical or common conditions related | ||||||
3 | to pregnancy or childbirth. Women affected by pregnancy, | ||||||
4 | childbirth, or medical or common conditions related to | ||||||
5 | pregnancy or childbirth shall be treated the same for all | ||||||
6 | employment-related purposes, including receipt of benefits | ||||||
7 | under fringe benefit programs, as other persons not so affected | ||||||
8 | but similar in their ability or inability to work, regardless | ||||||
9 | of the source of the inability to work or employment | ||||||
10 | classification or status. | ||||||
11 | (J) Pregnancy; reasonable accommodations. | ||||||
12 | (1) If after a job applicant or employee, including a | ||||||
13 | part-time, full-time, or probationary employee, requests a | ||||||
14 | reasonable accommodation, for an employer to not make | ||||||
15 | reasonable accommodations for any medical or common | ||||||
16 | condition of a job applicant or employee related to | ||||||
17 | pregnancy or childbirth, unless the employer can | ||||||
18 | demonstrate that the accommodation would impose an undue | ||||||
19 | hardship on the ordinary operation of the business of the | ||||||
20 | employer. The employer may request documentation from the | ||||||
21 | employee's health care provider concerning the need for the | ||||||
22 | requested reasonable accommodation or accommodations to | ||||||
23 | the same extent documentation is requested for conditions | ||||||
24 | related to disability if the employer's request for | ||||||
25 | documentation is job-related and consistent with business | ||||||
26 | necessity. The employer may require only the medical |
| |||||||
| |||||||
1 | justification for the requested accommodation or | ||||||
2 | accommodations, a description of the reasonable | ||||||
3 | accommodation or accommodations medically advisable, the | ||||||
4 | date the reasonable accommodation or accommodations became | ||||||
5 | medically advisable, and the probable duration of the | ||||||
6 | reasonable accommodation or accommodations. It is the duty | ||||||
7 | of the individual seeking a reasonable accommodation or | ||||||
8 | accommodations to submit to the employer any documentation | ||||||
9 | that is requested in accordance with this paragraph. | ||||||
10 | Notwithstanding the provisions of this paragraph, the | ||||||
11 | employer may require documentation by the employee's | ||||||
12 | health care provider to determine compliance with other | ||||||
13 | laws. The employee and employer shall engage in a timely, | ||||||
14 | good faith, and meaningful exchange to determine effective | ||||||
15 | reasonable accommodations. | ||||||
16 | (2) For an employer to deny employment opportunities or | ||||||
17 | benefits to or take adverse action against an otherwise | ||||||
18 | qualified job applicant or employee, including a | ||||||
19 | part-time, full-time, or probationary employee, if the | ||||||
20 | denial or adverse action is based on the need of the | ||||||
21 | employer to make reasonable accommodations to the known | ||||||
22 | medical or common conditions related to the pregnancy or | ||||||
23 | childbirth of the applicant or employee. | ||||||
24 | (3) For an employer to require a job applicant or | ||||||
25 | employee, including a part-time, full-time, or | ||||||
26 | probationary employee, affected by pregnancy, childbirth, |
| |||||||
| |||||||
1 | or medical or common conditions related to pregnancy or | ||||||
2 | childbirth to accept an accommodation when the applicant or | ||||||
3 | employee did not request an accommodation and the applicant | ||||||
4 | or employee chooses not to accept the employer's | ||||||
5 | accommodation. | ||||||
6 | (4) For an employer to require an employee, including a | ||||||
7 | part-time, full-time, or probationary employee, to take | ||||||
8 | leave under any leave law or policy of the employer if | ||||||
9 | another reasonable accommodation can be provided to the | ||||||
10 | known medical or common conditions related to the pregnancy | ||||||
11 | or childbirth of an employee. No employer shall fail or | ||||||
12 | refuse to reinstate the employee affected by pregnancy, | ||||||
13 | childbirth, or medical or common conditions related to | ||||||
14 | pregnancy or childbirth to her original job or to an | ||||||
15 | equivalent position with equivalent pay and accumulated | ||||||
16 | seniority, retirement, fringe benefits, and other | ||||||
17 | applicable service credits upon her signifying her intent | ||||||
18 | to return or when her need for reasonable accommodation | ||||||
19 | ceases, unless the employer can demonstrate that the | ||||||
20 | accommodation would impose an undue hardship on the | ||||||
21 | ordinary operation of the business of the employer. | ||||||
22 | For the purposes of this subdivision (J), "reasonable | ||||||
23 | accommodations" means reasonable modifications or adjustments | ||||||
24 | to the job application process or work environment, or to the | ||||||
25 | manner or circumstances under which the position desired or | ||||||
26 | held is customarily performed, that enable an applicant or |
| |||||||
| |||||||
1 | employee affected by pregnancy, childbirth, or medical or | ||||||
2 | common conditions related to pregnancy or childbirth to be | ||||||
3 | considered for the position the applicant desires or to perform | ||||||
4 | the essential functions of that position, and may include, but | ||||||
5 | is not limited to: more frequent or longer bathroom breaks, | ||||||
6 | breaks for increased water intake, and breaks for periodic | ||||||
7 | rest; private non-bathroom space for expressing breast milk and | ||||||
8 | breastfeeding; seating; assistance with manual labor; light | ||||||
9 | duty; temporary transfer to a less strenuous or hazardous | ||||||
10 | position; the provision of an accessible worksite; acquisition | ||||||
11 | or modification of equipment; job restructuring; a part-time or | ||||||
12 | modified work schedule; appropriate adjustment or | ||||||
13 | modifications of examinations, training materials, or | ||||||
14 | policies; reassignment to a vacant position; time off to | ||||||
15 | recover from conditions related to childbirth; and leave | ||||||
16 | necessitated by pregnancy, childbirth, or medical or common | ||||||
17 | conditions resulting from pregnancy or childbirth. | ||||||
18 | For the purposes of this subdivision (J), "undue hardship" | ||||||
19 | means an action that is prohibitively expensive or disruptive | ||||||
20 | when considered in light of the following factors: (i) the | ||||||
21 | nature and cost of the accommodation needed; (ii) the overall | ||||||
22 | financial resources of the facility or facilities involved in | ||||||
23 | the provision of the reasonable accommodation, the number of | ||||||
24 | persons employed at the facility, the effect on expenses and | ||||||
25 | resources, or the impact otherwise of the accommodation upon | ||||||
26 | the operation of the facility; (iii) the overall financial |
| |||||||
| |||||||
1 | resources of the employer, the overall size of the business of | ||||||
2 | the employer with respect to the number of its employees, and | ||||||
3 | the number, type, and location of its facilities; and (iv) the | ||||||
4 | type of operation or operations of the employer, including the | ||||||
5 | composition, structure, and functions of the workforce of the | ||||||
6 | employer, the geographic separateness, administrative, or | ||||||
7 | fiscal relationship of the facility or facilities in question | ||||||
8 | to the employer. The employer has the burden of proving undue | ||||||
9 | hardship. The fact that the employer provides or would be | ||||||
10 | required to provide a similar accommodation to similarly | ||||||
11 | situated employees creates a rebuttable presumption that the | ||||||
12 | accommodation does not impose an undue hardship on the | ||||||
13 | employer. | ||||||
14 | No employer is required by this subdivision (J) to create | ||||||
15 | additional employment that the employer would not otherwise | ||||||
16 | have created, unless the employer does so or would do so for | ||||||
17 | other classes of employees who need accommodation. The employer | ||||||
18 | is not required to discharge any employee, transfer any | ||||||
19 | employee with more seniority, or promote any employee who is | ||||||
20 | not qualified to perform the job, unless the employer does so | ||||||
21 | or would do so to accommodate other classes of employees who | ||||||
22 | need it. | ||||||
23 | (K) Notice. | ||||||
24 | (1) For an employer to fail to post or keep posted in a | ||||||
25 | conspicuous location on the premises of the employer where | ||||||
26 | notices to employees are customarily posted, or fail to |
| |||||||
| |||||||
1 | include in any employee handbook information concerning an | ||||||
2 | employee's rights under this Article, a notice, to be | ||||||
3 | prepared or approved by the Department, summarizing the | ||||||
4 | requirements of this Article and information pertaining to | ||||||
5 | the filing of a charge, including the right to be free from | ||||||
6 | unlawful discrimination , the right to be free from sexual | ||||||
7 | harassment, and the right to certain reasonable | ||||||
8 | accommodations. The Department shall make the documents | ||||||
9 | required under this paragraph available for retrieval from | ||||||
10 | the Department's website. | ||||||
11 | (2) Upon notification of a violation of paragraph (1) | ||||||
12 | of this subdivision (K), the Department shall may launch a | ||||||
13 | preliminary investigation. If the Department finds a | ||||||
14 | violation, the Department shall may issue a notice to show | ||||||
15 | cause giving the employer 30 days to correct the violation. | ||||||
16 | If the violation is not corrected, the Department may | ||||||
17 | initiate a charge of a civil rights violation. | ||||||
18 | (Source: P.A. 100-100, eff. 8-11-17.)
| ||||||
19 | (775 ILCS 5/2-108 new) | ||||||
20 | Sec. 2-108. Employer disclosure requirements. | ||||||
21 | (A) Definitions. The following definitions are applicable | ||||||
22 | strictly to this Section: | ||||||
23 | (1) "Employer" includes: | ||||||
24 | (a) any party to a public contract without regard | ||||||
25 | to the number of employees; |
| |||||||
| |||||||
1 | (b) any person employing 100 or more employees | ||||||
2 | within Illinois during 20 or more calendar weeks within | ||||||
3 | the preceding calendar year; and | ||||||
4 | (c) the State and any political subdivision, | ||||||
5 | municipal corporation, or other governmental unit or | ||||||
6 | agency, without regard to the number of employees. | ||||||
7 | (2) "Settlement" means any commitment or agreement, | ||||||
8 | without regard to whether the commitment or agreement is in | ||||||
9 | writing, including any agreed judgment, stipulation, | ||||||
10 | decree, agreement to settle, assurance of discontinuance, | ||||||
11 | or otherwise, under which the employer directly or | ||||||
12 | indirectly: | ||||||
13 | (a) provides to an individual compensation or | ||||||
14 | other consideration because of an allegation that the | ||||||
15 | individual has been a victim of sexual harassment or | ||||||
16 | unlawful discrimination under this Act; or | ||||||
17 | (b) establishes conditions that affect the terms | ||||||
18 | of the employment, including terminating the | ||||||
19 | employment of the individual with the employer: | ||||||
20 | (i) because of the experience of the | ||||||
21 | individual with, or the participation of the | ||||||
22 | individual in, an alleged act of sexual harassment | ||||||
23 | or unlawful discrimination under this Act; and | ||||||
24 | (ii) in exchange for which the individual | ||||||
25 | agrees or commits not to bring legal, | ||||||
26 | administrative, or any other type of action |
| |||||||
| |||||||
1 | against the employer; or publicly disclose, for a | ||||||
2 | period of any length, any information regarding | ||||||
3 | the alleged act on which the commitment or | ||||||
4 | agreement, as applicable, is based. | ||||||
5 | (B) Required disclosures. Beginning July 1, 2019, each | ||||||
6 | employer under this Section must disclose annually to the | ||||||
7 | Illinois Department of Human Rights the following information: | ||||||
8 | (1) the total number of settlements entered into during | ||||||
9 | the preceding year by the employer, a corporate executive | ||||||
10 | of the employer, or a subsidiary, a contractor, or a | ||||||
11 | subcontractor of the employer that relate to any alleged | ||||||
12 | act of sexual harassment or unlawful discrimination that: | ||||||
13 | (a) occurred in the workplace of the employer or a | ||||||
14 | subsidiary, contractor, or subcontractor of the | ||||||
15 | employer; or | ||||||
16 | (b) involved the behavior of an employee of the | ||||||
17 | employer, a corporate executive of the employer, or a | ||||||
18 | subsidiary, contractor, or subcontractor of the | ||||||
19 | employer, without regard to whether that behavior | ||||||
20 | occurred in the workplace of the employer, subsidiary, | ||||||
21 | contractor, or subcontractor; | ||||||
22 | (2) the total and average dollar amount paid with | ||||||
23 | respect to the settlements described in paragraph (1); | ||||||
24 | (3) how many settlements described in paragraph (1) are | ||||||
25 | in each of the following categories: | ||||||
26 | (a) sexual harassment or discrimination on the |
| |||||||
| |||||||
1 | basis of sex; | ||||||
2 | (b) discrimination or harassment on the basis of | ||||||
3 | race, color, or national origin; | ||||||
4 | (c) discrimination or harassment on the basis of | ||||||
5 | religion; | ||||||
6 | (d) discrimination or harassment on the basis of | ||||||
7 | age; | ||||||
8 | (e) discrimination or harassment on the basis of | ||||||
9 | disability; | ||||||
10 | (f) discrimination or harassment on the basis of | ||||||
11 | military status or unfavorable discharge from military | ||||||
12 | status; | ||||||
13 | (g) discrimination or harassment on the basis of | ||||||
14 | sexual orientation or gender identity; and | ||||||
15 | (h) discrimination or harassment on the basis of | ||||||
16 | any other characteristic protected under this Act; | ||||||
17 | (4) the total number of adverse judgments or | ||||||
18 | administrative rulings during the preceding year based on | ||||||
19 | claims of sexual harassment or unlawful discrimination | ||||||
20 | brought under this Act, Title VII of the Civil Rights Act | ||||||
21 | of 1964, or any other federal, State, or local law | ||||||
22 | prohibiting sexual harassment or unlawful discrimination; | ||||||
23 | (5) the total and the average dollar amount of those | ||||||
24 | adverse judgments or administrative rulings described in | ||||||
25 | paragraph (4); | ||||||
26 | (6) whether any equitable relief was ordered against |
| |||||||
| |||||||
1 | the employer in any adverse judgment or administrative | ||||||
2 | ruling described in paragraph (4); | ||||||
3 | (7) how many adverse judgments or administrative | ||||||
4 | rulings described in paragraph (4) are in each of the | ||||||
5 | following categories: | ||||||
6 | (a) sexual harassment or discrimination on the | ||||||
7 | basis of sex; | ||||||
8 | (b) discrimination or harassment on the basis of | ||||||
9 | race, color, or national origin; | ||||||
10 | (c) discrimination or harassment on the basis of | ||||||
11 | religion; | ||||||
12 | (d) discrimination or harassment on the basis of | ||||||
13 | age; | ||||||
14 | (e) discrimination or harassment on the basis of | ||||||
15 | disability; | ||||||
16 | (f) discrimination or harassment on the basis of | ||||||
17 | military status or unfavorable discharge from military | ||||||
18 | status; | ||||||
19 | (g) discrimination or harassment on the basis of | ||||||
20 | sexual orientation or gender identity; and | ||||||
21 | (h) discrimination or harassment on the basis of | ||||||
22 | any other characteristic protected under this Act; | ||||||
23 | (8) the average length of time required for the | ||||||
24 | employer to resolve a complaint relating to sexual | ||||||
25 | harassment or unlawful discrimination during the preceding | ||||||
26 | year; |
| |||||||
| |||||||
1 | (9) as of the date on which the disclosure is made, the | ||||||
2 | total number of complaints relating to sexual harassment or | ||||||
3 | unlawful discrimination that the employer is working to | ||||||
4 | resolve through: | ||||||
5 | (a) processes that are internal to the employer; | ||||||
6 | (b) mediation or arbitration; and | ||||||
7 | (c) litigation; and | ||||||
8 | (10) a description of measures taken by the employer or | ||||||
9 | any subsidiary, contractor, or subcontractor of the | ||||||
10 | employer to prevent sexual harassment and unlawful | ||||||
11 | discrimination in the workplace. | ||||||
12 | (C) Prohibited disclosures. An employer may not disclose | ||||||
13 | the name of a victim of an act of alleged sexual harassment or | ||||||
14 | unlawful discrimination in any disclosures required under this | ||||||
15 | Section. | ||||||
16 | (D) Annual reporting. The Department shall publish an | ||||||
17 | annual report containing an anonymized summary of the | ||||||
18 | disclosures made under this Section and that report shall be | ||||||
19 | filed with the General Assembly electronically and made | ||||||
20 | available to the public. The report to the General Assembly | ||||||
21 | shall be filed with the Clerk of the House of Representatives | ||||||
22 | and the Secretary of the Senate in electronic form only, in the | ||||||
23 | manner that the Clerk and the Secretary shall direct. | ||||||
24 | (E) Continuing violations. The Department shall open a | ||||||
25 | preliminary investigation if the information disclosed under | ||||||
26 | this Section identifies an employer, a corporate executive of |
| |||||||
| |||||||
1 | the employer, or a subsidiary, contractor, or subcontractor of | ||||||
2 | the employer who has: | ||||||
3 | (1) disclosed more than 10 separate settlements, | ||||||
4 | adverse judgments, or administrative rulings in the | ||||||
5 | preceding year; or | ||||||
6 | (2) disclosed settlements, adverse judgments, or | ||||||
7 | administrative rulings requiring the employer to pay more | ||||||
8 | than $1 million during the preceding year. | ||||||
9 | If a continuing violation is found, the Department shall | ||||||
10 | initiate a charge of a civil rights violation. | ||||||
11 | (G) Failure to report and penalties. If an employer fails | ||||||
12 | to make any disclosures required under this Section, the | ||||||
13 | Department shall issue a notice to show cause giving the | ||||||
14 | employer 30 days to disclose the required information. If the | ||||||
15 | employer does not make the required disclosures within 30 days, | ||||||
16 | the Department shall initiate a charge of a civil rights | ||||||
17 | violation. | ||||||
18 | (H) Rules. The Department shall adopt any rules it deems | ||||||
19 | necessary for implementation of this Section. | ||||||
20 | Article 4. | ||||||
21 | Section 4-5. The Illinois Human Rights Act is amended by | ||||||
22 | changing Sections 7-109.1, 7A-102, 7B-102, 8-102, 8-103, | ||||||
23 | 8-110, 8A-103, and 8B-103 as follows:
|
| |||||||
| |||||||
1 | (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| ||||||
2 | Sec. 7-109.1. Administrative dismissal of charges Federal | ||||||
3 | or State Court Proceedings . For charges filed under this Act, | ||||||
4 | if the charging party has initiated litigation for the purpose | ||||||
5 | of seeking final relief in a State or federal court or before | ||||||
6 | an administrative law judge or hearing officer in an | ||||||
7 | administrative proceeding before a local government | ||||||
8 | administrative agency, and if a final decision on the merits in | ||||||
9 | that litigation or administrative hearing would preclude the | ||||||
10 | charging party from bringing another action based on the | ||||||
11 | pending charge, the Department shall cease its investigation | ||||||
12 | and dismiss the pending charge by order of the Director, who | ||||||
13 | shall provide the charging party notice of his or her right to | ||||||
14 | commence a civil action in the appropriate circuit court or | ||||||
15 | other appropriate court of competent jurisdiction. The | ||||||
16 | Director shall also provide the charging party notice of his or | ||||||
17 | her right to seek review of the dismissal order before the | ||||||
18 | Commission. Any review by the Commission of the dismissal shall | ||||||
19 | be limited to the question of whether the charge was properly | ||||||
20 | dismissed pursuant to this Section. Nothing in this Section | ||||||
21 | shall preclude the Department from continuing to investigate an | ||||||
22 | allegation in a charge that is unique to this Act or otherwise | ||||||
23 | could not have been included in the litigation or | ||||||
24 | administrative proceeding. The Department may
administratively | ||||||
25 | close a charge pending before the Department if the issues
| ||||||
26 | which are the basis of the charge are being litigated in a |
| |||||||
| |||||||
1 | State or federal
court proceeding.
| ||||||
2 | (Source: P.A. 86-1343.)
| ||||||
3 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| ||||||
4 | Sec. 7A-102. Procedures.
| ||||||
5 | (A) Charge.
| ||||||
6 | (1) Within 2 years 180 days after the
date that a civil | ||||||
7 | rights violation allegedly has been committed, a
| ||||||
8 | charge in writing under oath or affirmation may be | ||||||
9 | filed with the
Department by an aggrieved party or | ||||||
10 | issued by the Department itself
under the signature of | ||||||
11 | the Director.
| ||||||
12 | (2) The charge shall be in such detail as to | ||||||
13 | substantially apprise
any party properly concerned as to | ||||||
14 | the time, place, and facts
surrounding the alleged civil | ||||||
15 | rights violation.
| ||||||
16 | (3) Charges deemed filed with the Department pursuant | ||||||
17 | to subsection (A-1) of this Section shall be deemed to be | ||||||
18 | in compliance with this subsection. | ||||||
19 | (A-1) Equal Employment Opportunity Commission Charges. | ||||||
20 | (1) If a charge is filed with the Equal Employment | ||||||
21 | Opportunity Commission (EEOC) within 300 calendar 180 days | ||||||
22 | after the date of the alleged civil rights violation, the | ||||||
23 | charge shall be deemed filed with the Department on the | ||||||
24 | date filed with the EEOC. If the EEOC is the governmental | ||||||
25 | agency designated to investigate the charge first, the |
| |||||||
| |||||||
1 | Department shall take no action until the EEOC makes a | ||||||
2 | determination on the charge and after the complainant | ||||||
3 | notifies the Department of the EEOC's determination. In | ||||||
4 | such cases, after receiving notice from the EEOC that a | ||||||
5 | charge was filed, the Department shall notify the parties | ||||||
6 | that (i) a charge has been received by the EEOC and has | ||||||
7 | been sent to the Department for dual filing purposes; (ii) | ||||||
8 | the EEOC is the governmental agency responsible for | ||||||
9 | investigating the charge and that the investigation shall | ||||||
10 | be conducted pursuant to the rules and procedures adopted | ||||||
11 | by the EEOC; (iii) it will take no action on the charge | ||||||
12 | until the EEOC issues its determination; (iv) the | ||||||
13 | complainant must submit a copy of the EEOC's determination | ||||||
14 | within 30 days after service of the determination by the | ||||||
15 | EEOC on complainant; and (v) that the time period to | ||||||
16 | investigate the charge contained in subsection (G) of this | ||||||
17 | Section is tolled from the date on which the charge is | ||||||
18 | filed with the EEOC until the EEOC issues its | ||||||
19 | determination. | ||||||
20 | (2) If the EEOC finds reasonable cause to believe that | ||||||
21 | there has been a violation of federal law and if the | ||||||
22 | Department is timely notified of the EEOC's findings by | ||||||
23 | complainant, the Department shall notify complainant that | ||||||
24 | the Department has adopted the EEOC's determination of | ||||||
25 | reasonable cause and that complainant has the right, within | ||||||
26 | 90 days after receipt of the Department's notice, to either |
| |||||||
| |||||||
1 | file his or her own complaint with the Illinois Human | ||||||
2 | Rights Commission or commence a civil action in the | ||||||
3 | appropriate circuit court or other appropriate court of | ||||||
4 | competent jurisdiction. This notice shall be provided to | ||||||
5 | the complainant within 10 business days after the | ||||||
6 | Department's receipt of the EEOC's determination. The | ||||||
7 | Department's notice to complainant that the Department has | ||||||
8 | adopted the EEOC's determination of reasonable cause shall | ||||||
9 | constitute the Department's Report for purposes of | ||||||
10 | subparagraph (D) of this Section. | ||||||
11 | (3) For those charges alleging violations within the | ||||||
12 | jurisdiction of both the EEOC and the Department and for | ||||||
13 | which the EEOC either (i) does not issue a determination, | ||||||
14 | but does issue the complainant a notice of a right to sue, | ||||||
15 | including when the right to sue is issued at the request of | ||||||
16 | the complainant, or (ii) determines that it is unable to | ||||||
17 | establish that illegal discrimination has occurred and | ||||||
18 | issues the complainant a right to sue notice, and if the | ||||||
19 | Department is timely notified of the EEOC's determination | ||||||
20 | by complainant, the Department shall notify the parties , | ||||||
21 | within 10 business days after receipt of the EEOC's | ||||||
22 | determination, that the Department will adopt the EEOC's | ||||||
23 | determination as a dismissal for lack of substantial | ||||||
24 | evidence unless the complainant requests in writing within | ||||||
25 | 35 days after receipt of the Department's notice that the | ||||||
26 | Department review the EEOC's determination. |
| |||||||
| |||||||
1 | (a) If the complainant does not file a written | ||||||
2 | request with the Department to review the EEOC's | ||||||
3 | determination within 35 days after receipt of the | ||||||
4 | Department's notice, the Department shall notify | ||||||
5 | complainant , within 10 business days after the | ||||||
6 | expiration of the 35-day period, that the decision of | ||||||
7 | the EEOC has been adopted by the Department as a | ||||||
8 | dismissal for lack of substantial evidence and that the | ||||||
9 | complainant has the right, within 90 days after receipt | ||||||
10 | of the Department's notice, to commence a civil action | ||||||
11 | in the appropriate circuit court or other appropriate | ||||||
12 | court of competent jurisdiction. The Department's | ||||||
13 | notice to complainant that the Department has adopted | ||||||
14 | the EEOC's determination shall constitute the | ||||||
15 | Department's report for purposes of subparagraph (D) | ||||||
16 | of this Section. | ||||||
17 | (b) If the complainant does file a written request | ||||||
18 | with the Department to review the EEOC's | ||||||
19 | determination, the Department shall review the EEOC's | ||||||
20 | determination and any evidence obtained by the EEOC | ||||||
21 | during its investigation. If, after reviewing the | ||||||
22 | EEOC's determination and any evidence obtained by the | ||||||
23 | EEOC, the Department determines there is no need for | ||||||
24 | further investigation of the charge, the Department | ||||||
25 | shall issue a report and the Director shall determine | ||||||
26 | whether there is substantial evidence that the alleged |
| |||||||
| |||||||
1 | civil rights violation has been committed pursuant to | ||||||
2 | subsection (D) of Section 7A-102. If, after reviewing | ||||||
3 | the EEOC's determination and any evidence obtained by | ||||||
4 | the EEOC, the Department determines there is a need for | ||||||
5 | further investigation of the charge, the Department | ||||||
6 | may conduct any further investigation it deems | ||||||
7 | necessary. After reviewing the EEOC's determination, | ||||||
8 | the evidence obtained by the EEOC, and any additional | ||||||
9 | investigation conducted by the Department, the | ||||||
10 | Department shall issue a report and the Director shall | ||||||
11 | determine whether there is substantial evidence that | ||||||
12 | the alleged civil rights violation has been committed | ||||||
13 | pursuant to subsection (D) of Section 7A-102 of this | ||||||
14 | Act. | ||||||
15 | (4) Pursuant to this Section, if the EEOC dismisses the | ||||||
16 | charge or a portion of the charge of discrimination | ||||||
17 | because, under federal law, the EEOC lacks jurisdiction | ||||||
18 | over the charge, and if, under this Act, the Department has | ||||||
19 | jurisdiction over the charge of discrimination, the | ||||||
20 | Department shall investigate the charge or portion of the | ||||||
21 | charge dismissed by the EEOC for lack of jurisdiction | ||||||
22 | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | ||||||
23 | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | ||||||
24 | this Act. | ||||||
25 | (5) The time limit set out in subsection (G) of this | ||||||
26 | Section is tolled from the date on which the charge is |
| |||||||
| |||||||
1 | filed with the EEOC to the date on which the EEOC issues | ||||||
2 | its determination. | ||||||
3 | (6) The failure of the Department to meet the | ||||||
4 | 10-business day notification deadlines set out in | ||||||
5 | paragraph (2) of this subsection shall not impair the | ||||||
6 | rights of any party.
| ||||||
7 | (B) Notice and Response to Charge.
The Department shall, | ||||||
8 | within 10
days of the date on which the charge
was filed, serve | ||||||
9 | a copy of the charge on the respondent. This period shall
not | ||||||
10 | be construed to be jurisdictional. The charging party and the | ||||||
11 | respondent
may each file a position statement and other | ||||||
12 | materials with the Department
regarding the charge of alleged | ||||||
13 | discrimination within 60 days of receipt of the
notice of the | ||||||
14 | charge. The position statements and other materials filed shall
| ||||||
15 | remain confidential unless otherwise agreed to by the party | ||||||
16 | providing the
information and shall not be served on or made | ||||||
17 | available to the other
party during pendency
of a charge with | ||||||
18 | the Department. The Department may
require the respondent to | ||||||
19 | file a response to
the allegations contained in the charge. | ||||||
20 | Upon the Department's request, the respondent shall
file a | ||||||
21 | response to the charge within 60 days and shall serve a copy
of | ||||||
22 | its response on the
complainant or his or her representative. | ||||||
23 | Notwithstanding any request from the Department,
the | ||||||
24 | respondent may elect to file a response to the charge
within 60 | ||||||
25 | days of receipt of notice of the charge, provided the | ||||||
26 | respondent serves a copy of its response on the complainant or |
| |||||||
| |||||||
1 | his or her representative. All allegations contained in the | ||||||
2 | charge
not denied by the respondent within 60 days of the | ||||||
3 | Department's request for a response may be deemed admitted, | ||||||
4 | unless the
respondent states that it is without sufficient | ||||||
5 | information to
form a belief with respect to such allegation. | ||||||
6 | The Department may issue
a notice of default directed to any | ||||||
7 | respondent who fails to file a
response to a charge within 60 | ||||||
8 | days of receipt of the Department's request,
unless the | ||||||
9 | respondent can
demonstrate good cause as
to why such notice | ||||||
10 | should not issue. The term "good cause" shall be defined by | ||||||
11 | rule promulgated by the Department. Within 30 days of receipt
| ||||||
12 | of the respondent's response, the complainant may file a
reply | ||||||
13 | to
said response and
shall serve
a copy of said reply on the | ||||||
14 | respondent or his or her representative. A party
shall have the | ||||||
15 | right to supplement his or her response or reply at any time | ||||||
16 | that
the investigation of the charge is pending. The Department | ||||||
17 | shall,
within 10 days of the date on which the charge was | ||||||
18 | filed,
and again no later than 335 days thereafter,
send by | ||||||
19 | certified or registered mail written notice to the complainant
| ||||||
20 | and to the respondent
informing the complainant
of the | ||||||
21 | complainant's rights right to either file a complaint with the | ||||||
22 | Human
Rights Commission or commence a civil action in the | ||||||
23 | appropriate circuit court
under subparagraph (2) of paragraph | ||||||
24 | (G) and under subsection (C-1) , including in such notice the | ||||||
25 | dates
within which the complainant may exercise these rights | ||||||
26 | this right .
In the notice the Department shall notify the |
| |||||||
| |||||||
1 | complainant that the
charge of civil rights violation will be | ||||||
2 | dismissed with prejudice and with no
right to further proceed | ||||||
3 | if a written complaint is not timely filed with
the Commission | ||||||
4 | or with the appropriate circuit court by the complainant | ||||||
5 | pursuant to subparagraph (2) of paragraph (G) or subsection | ||||||
6 | (C-1)
or by the Department pursuant to subparagraph (1) of | ||||||
7 | paragraph (G).
| ||||||
8 | (B-1) Mediation. The complainant and respondent may agree | ||||||
9 | to voluntarily
submit the charge
to mediation without waiving | ||||||
10 | any rights that are otherwise available to
either party | ||||||
11 | pursuant to this Act and without incurring any obligation to
| ||||||
12 | accept the result of the mediation process. Nothing occurring | ||||||
13 | in mediation
shall
be disclosed by the Department or admissible | ||||||
14 | in evidence in any subsequent
proceeding unless the complainant | ||||||
15 | and the respondent agree in writing that such
disclosure be | ||||||
16 | made.
| ||||||
17 | (C) Investigation.
| ||||||
18 | (1) The
Department shall conduct an investigation | ||||||
19 | sufficient to determine whether the allegations set
forth | ||||||
20 | in the charge are supported by substantial evidence.
| ||||||
21 | (2) The Director or his or her designated | ||||||
22 | representatives shall have
authority to request any member | ||||||
23 | of the Commission to issue subpoenas to
compel the | ||||||
24 | attendance of a witness or the production for
examination | ||||||
25 | of any books, records or documents whatsoever.
| ||||||
26 | (3) If any witness whose testimony is required for any |
| |||||||
| |||||||
1 | investigation
resides outside the State, or through | ||||||
2 | illness or any other good cause as
determined by the | ||||||
3 | Director is unable to be interviewed by the investigator
or | ||||||
4 | appear at a fact finding conference, his or her testimony | ||||||
5 | or deposition
may be taken, within or without the State, in | ||||||
6 | the same manner as is
provided for in the taking of | ||||||
7 | depositions in civil cases in circuit courts.
| ||||||
8 | (4) Upon reasonable notice to the complainant and the | ||||||
9 | respondent,
the Department shall conduct a fact finding | ||||||
10 | conference, unless prior to
365 days after the date on | ||||||
11 | which the charge was filed the Director has determined | ||||||
12 | whether there is substantial evidence
that the alleged | ||||||
13 | civil rights violation has been committed, the charge has
| ||||||
14 | been dismissed for lack of jurisdiction, or the parties | ||||||
15 | voluntarily and in writing agree to waive the fact finding | ||||||
16 | conference. Any party's failure to attend the conference | ||||||
17 | without good cause
shall result in dismissal or default. | ||||||
18 | The term "good cause"
shall
be defined by rule promulgated | ||||||
19 | by the Department. A notice of dismissal or
default shall | ||||||
20 | be issued by the Director. The notice of default issued by | ||||||
21 | the Director shall notify the respondent that a request for | ||||||
22 | review may be filed in writing with the Commission
within | ||||||
23 | 30 days of receipt of notice of default. The notice of | ||||||
24 | dismissal issued by the Director shall give
the complainant | ||||||
25 | notice of his or her right to seek review of the dismissal
| ||||||
26 | before the Human Rights Commission or commence a civil |
| |||||||
| |||||||
1 | action in the
appropriate circuit court. If the complainant | ||||||
2 | chooses to have the Human Rights Commission review the | ||||||
3 | dismissal order, he or she shall file a request for review | ||||||
4 | with the Commission within 90 days after receipt of the | ||||||
5 | Director's notice. If the complainant chooses to file a | ||||||
6 | request for review with the Commission, he or she may not | ||||||
7 | later commence a civil action in a circuit court. If the | ||||||
8 | complainant chooses to commence a civil action in a circuit | ||||||
9 | court, he or she must do so within 90 days after receipt of | ||||||
10 | the Director's notice.
| ||||||
11 | (C-1) Notice of right to sue. At any time after the | ||||||
12 | expiration of 180 days from the date of filing a charge with | ||||||
13 | the Department, a complainant has the right to submit a written | ||||||
14 | request seeking notice from the Director indicating that the | ||||||
15 | complainant has opted out of the investigation and may commence | ||||||
16 | a civil action in the appropriate circuit court. The Department | ||||||
17 | shall respond to a complainant's request within 10 business | ||||||
18 | days. If the complainant chooses to commence an action in a | ||||||
19 | circuit court under this subsection (C-1), he or she may not | ||||||
20 | refile a substantially similar charge with the Department | ||||||
21 | arising from the same incident of unlawful discrimination or | ||||||
22 | harassment. | ||||||
23 | (D) Report.
| ||||||
24 | (1) Each charge investigated under subsection (C) | ||||||
25 | shall be the
subject of a
report to the Director. The | ||||||
26 | report shall be a confidential document
subject to review |
| |||||||
| |||||||
1 | by the Director, authorized Department employees, the
| ||||||
2 | parties, and, where indicated by this Act, members of the | ||||||
3 | Commission or
their designated hearing officers.
| ||||||
4 | (2) Upon review of the report, the Director shall | ||||||
5 | determine whether
there is substantial evidence that the | ||||||
6 | alleged civil rights violation
has been committed.
The | ||||||
7 | determination of substantial evidence is limited to | ||||||
8 | determining the need
for further consideration of the | ||||||
9 | charge pursuant to this Act
and includes, but is not | ||||||
10 | limited to, findings of fact and conclusions, as well
as | ||||||
11 | the reasons for the determinations on all material issues. | ||||||
12 | Substantial evidence is evidence which a reasonable mind | ||||||
13 | accepts
as sufficient to support a particular conclusion | ||||||
14 | and which consists of more
than a mere scintilla but may be | ||||||
15 | somewhat less than a preponderance.
| ||||||
16 | (3) If the Director determines
that there is no | ||||||
17 | substantial
evidence, the charge shall be dismissed by | ||||||
18 | order of the
Director and the Director shall give the
| ||||||
19 | complainant notice of his or her right to seek review of | ||||||
20 | the dismissal order before the
Commission or commence a | ||||||
21 | civil action in the appropriate circuit court. If the | ||||||
22 | complainant chooses to have the Human Rights Commission | ||||||
23 | review the dismissal order, he or she shall file a request | ||||||
24 | for review with the Commission within 90 days after receipt | ||||||
25 | of the Director's notice. If the complainant chooses to | ||||||
26 | file a request for review with the Commission, he or she |
| |||||||
| |||||||
1 | may not later commence a civil action in a circuit court. | ||||||
2 | If the complainant chooses to commence a civil action in a | ||||||
3 | circuit court, he or she must do so within 90 days after | ||||||
4 | receipt of the Director's notice.
| ||||||
5 | (4) If the Director determines that there is | ||||||
6 | substantial evidence, he or she shall notify the | ||||||
7 | complainant and respondent of that determination. The | ||||||
8 | Director shall also notify the parties that the complainant | ||||||
9 | has the right to either commence a civil action in the | ||||||
10 | appropriate circuit court or request that the Department of | ||||||
11 | Human Rights file a complaint with the Human Rights | ||||||
12 | Commission on his or her behalf. Any such complaint shall | ||||||
13 | be filed within 90 days after receipt of the Director's | ||||||
14 | notice. If the complainant chooses to have the Department | ||||||
15 | file a complaint with the Human Rights Commission on his or | ||||||
16 | her behalf, the complainant must, within 30 days after | ||||||
17 | receipt of the Director's notice, request in writing that | ||||||
18 | the Department file the complaint. If the complainant | ||||||
19 | timely requests that the Department file the complaint, the | ||||||
20 | Department shall file the complaint on his or her behalf. | ||||||
21 | If the complainant fails to timely request that the | ||||||
22 | Department file the complaint, the complainant may file his | ||||||
23 | or her complaint with the Commission or commence a civil | ||||||
24 | action in the appropriate circuit court.
If the complainant | ||||||
25 | files a complaint with
the Human Rights Commission, the | ||||||
26 | complainant shall give notice to the
Department of the |
| |||||||
| |||||||
1 | filing of the complaint with the Human Rights Commission. | ||||||
2 | (E) Conciliation.
| ||||||
3 |
(1) When there is a finding of substantial evidence, | ||||||
4 | the Department may designate a Department employee who is | ||||||
5 | an attorney
licensed to practice in Illinois to endeavor to | ||||||
6 | eliminate the effect of
the alleged civil rights violation | ||||||
7 | and to prevent its repetition by
means of conference and | ||||||
8 | conciliation.
| ||||||
9 | (2) When the Department determines that a formal
| ||||||
10 | conciliation conference is necessary, the complainant and | ||||||
11 | respondent
shall be notified of the time and place of the | ||||||
12 | conference by registered
or certified mail at least 10 days | ||||||
13 | prior thereto and either or both
parties shall appear at | ||||||
14 | the conference in person or by attorney.
| ||||||
15 | (3) The place fixed for the conference shall be within | ||||||
16 | 35 miles of
the place where the civil rights violation is | ||||||
17 | alleged to have been
committed.
| ||||||
18 | (4) Nothing occurring at the conference shall be | ||||||
19 | disclosed by the
Department unless
the complainant and | ||||||
20 | respondent agree in writing that
such disclosure be made.
| ||||||
21 | (5) The Department's efforts to conciliate the matter | ||||||
22 | shall not stay or extend the time for filing the complaint | ||||||
23 | with the Commission or the circuit court.
| ||||||
24 | (F) Complaint.
| ||||||
25 | (1) When the complainant requests that the Department | ||||||
26 | file a complaint with the Commission on his or her behalf, |
| |||||||
| |||||||
1 | the Department shall prepare a
written complaint, under | ||||||
2 | oath or affirmation, stating the nature of the
civil rights | ||||||
3 | violation substantially as alleged in the charge | ||||||
4 | previously
filed and the relief sought on behalf of the | ||||||
5 | aggrieved party. The Department shall file the complaint | ||||||
6 | with the Commission.
| ||||||
7 | (2) If the complainant chooses to commence a civil | ||||||
8 | action in a circuit court, he or she must do so in the | ||||||
9 | circuit court in the county wherein the civil rights | ||||||
10 | violation was allegedly committed. The form of the | ||||||
11 | complaint in any such civil action shall be in accordance | ||||||
12 | with the Illinois Code of Civil Procedure.
| ||||||
13 | (G) Time Limit.
| ||||||
14 | (1) When a charge of a civil rights violation has been
| ||||||
15 | properly filed, the Department, within 365
days thereof or | ||||||
16 | within any
extension of that period agreed to in writing by | ||||||
17 | all parties, shall issue its report as required by | ||||||
18 | subparagraph (D). Any such report
shall be duly served upon | ||||||
19 | both the complainant and the respondent.
| ||||||
20 | (2) If the Department has not issued its report within | ||||||
21 | 365 days after the charge is filed, or any such longer | ||||||
22 | period agreed to in writing by all the parties, the | ||||||
23 | complainant shall have 90 days to either file his or her | ||||||
24 | own complaint with the Human Rights Commission or commence | ||||||
25 | a civil action in the appropriate circuit court. If the | ||||||
26 | complainant files a complaint with the Commission, the form |
| |||||||
| |||||||
1 | of the complaint shall be in accordance with the provisions | ||||||
2 | of
paragraph (F)(1). If the complainant commences a civil | ||||||
3 | action in a circuit court, the form of the complaint shall | ||||||
4 | be in accordance with the Illinois Code of Civil Procedure. | ||||||
5 | The aggrieved party shall notify the Department that a
| ||||||
6 | complaint
has been filed and shall serve a copy of the | ||||||
7 | complaint on the Department
on the same date that the | ||||||
8 | complaint is filed with the Commission or in circuit court. | ||||||
9 | If the complainant files a complaint with the Commission, | ||||||
10 | he or she may not later commence a civil action in circuit | ||||||
11 | court.
| ||||||
12 | (3) If an aggrieved party files a complaint
with the
| ||||||
13 | Human Rights Commission or commences a civil action in | ||||||
14 | circuit court pursuant to paragraph (2) of this subsection, | ||||||
15 | or if
the time period for filing a complaint has expired, | ||||||
16 | the
Department shall immediately cease its investigation | ||||||
17 | and
dismiss the charge of civil rights violation.
Any final | ||||||
18 | order entered by the Commission under this Section is
| ||||||
19 | appealable in accordance with paragraph (B)(1) of Section | ||||||
20 | 8-111.
Failure to immediately cease an investigation and | ||||||
21 | dismiss the charge of civil
rights violation as provided in | ||||||
22 | this paragraph
(3) constitutes grounds for entry of an | ||||||
23 | order by the circuit court permanently
enjoining the
| ||||||
24 | investigation. The Department may also be liable for any
| ||||||
25 | costs and other damages incurred by the respondent as a | ||||||
26 | result of the action of
the Department.
|
| |||||||
| |||||||
1 | (4) (Blank) The Department shall stay any | ||||||
2 | administrative proceedings
under this Section after the | ||||||
3 | filing of a civil action by or on behalf of the
aggrieved | ||||||
4 | party under any federal or State law seeking relief with | ||||||
5 | respect to
the
alleged civil rights violation .
| ||||||
6 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
7 | filed on or
after January 1, 1996.
| ||||||
8 | (I) This amendatory Act of 1996 applies to causes of action | ||||||
9 | filed on or
after January 1, 1996.
| ||||||
10 | (J) The changes made to this Section by Public Act 95-243 | ||||||
11 | apply to charges filed on or
after the effective date of those | ||||||
12 | changes.
| ||||||
13 | (K) The changes made to this Section by this amendatory Act | ||||||
14 | of the 96th General Assembly apply to charges filed on or
after | ||||||
15 | the effective date of those changes. | ||||||
16 | (L) The changes made to this Section by this amendatory Act | ||||||
17 | of the 100th General Assembly apply to charges filed on or
| ||||||
18 | after the effective date of this amendatory Act of the 100th | ||||||
19 | General Assembly. | ||||||
20 | (Source: P.A. 100-492, eff. 9-8-17.)
| ||||||
21 | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| ||||||
22 | Sec. 7B-102. Procedures.
| ||||||
23 | (A) Charge.
| ||||||
24 | (1) Within one year after the
date that a civil rights | ||||||
25 | violation allegedly has been committed or terminated,
a |
| |||||||
| |||||||
1 | charge in writing under oath or affirmation may be filed | ||||||
2 | with the
Department by an aggrieved party or issued by the | ||||||
3 | Department itself
under the signature of the Director.
| ||||||
4 | (2) The charge shall be in such detail as to | ||||||
5 | substantially apprise
any party properly concerned as to | ||||||
6 | the time, place, and facts
surrounding the alleged civil | ||||||
7 | rights violation.
| ||||||
8 | (B) Notice and Response to Charge.
| ||||||
9 | (1) The Department shall serve
notice upon the | ||||||
10 | aggrieved party acknowledging such charge and advising the
| ||||||
11 | aggrieved party of the time limits and choice of forums | ||||||
12 | provided under this
Act. The Department shall, within 10 | ||||||
13 | days of the date on which the charge
was filed or the | ||||||
14 | identification of an additional respondent under paragraph
| ||||||
15 | (2) of this subsection, serve on the respondent a copy of | ||||||
16 | the charge along with a notice
identifying the alleged | ||||||
17 | civil rights violation and advising the
respondent of the | ||||||
18 | procedural rights and obligations of respondents under
| ||||||
19 | this Act and may require the respondent to file a response | ||||||
20 | to
the allegations contained in the charge. Upon the | ||||||
21 | Department's request, the respondent
shall file a response | ||||||
22 | to the charge within 30 days and
shall serve a copy of its | ||||||
23 | response on the complainant or his or her
representative. | ||||||
24 | Notwithstanding
any request from the Department, the | ||||||
25 | respondent may elect
to file a response to the charge | ||||||
26 | within 30 days of receipt
of notice of the charge, provided |
| |||||||
| |||||||
1 | the respondent serves a copy of its response on the | ||||||
2 | complainant or his or her representative. All allegations | ||||||
3 | contained in the charge
not denied by the respondent within | ||||||
4 | 30 days after the Department's request for a response may | ||||||
5 | be deemed admitted, unless the
respondent states that it is | ||||||
6 | without sufficient information to
form a belief with | ||||||
7 | respect to such allegation. The Department may issue
a | ||||||
8 | notice of default directed to any respondent who fails to | ||||||
9 | file a
response to a charge within 30 days of the | ||||||
10 | Department's request, unless the respondent can | ||||||
11 | demonstrate good cause as
to why such notice should not | ||||||
12 | issue. The term "good cause" shall be defined by rule | ||||||
13 | promulgated by the Department. Within 10 days of the date | ||||||
14 | he or she
receives the respondent's response, the | ||||||
15 | complainant may file his or her reply to
said response. If | ||||||
16 | he or she chooses to file a reply, the complainant shall | ||||||
17 | serve
a copy of said reply on the respondent or his or her | ||||||
18 | representative. A party may
supplement his or her response | ||||||
19 | or reply at any time that
the investigation of the charge | ||||||
20 | is pending.
| ||||||
21 | (2) A person who is not named as a respondent in a | ||||||
22 | charge, but who is
identified as a respondent in the course | ||||||
23 | of investigation, may be joined as
an additional or | ||||||
24 | substitute respondent upon written notice, under | ||||||
25 | subsection
(B), to such person, from the Department.
Such | ||||||
26 | notice, in addition to meeting the requirements of |
| |||||||
| |||||||
1 | subsections (A)
and (B), shall explain the basis for the | ||||||
2 | Department's belief that a person
to whom the notice is | ||||||
3 | addressed is properly joined as a respondent.
| ||||||
4 | (C) Investigation.
| ||||||
5 | (1) The Department shall conduct a full investigation
| ||||||
6 | of the allegations set forth in the charge and complete | ||||||
7 | such investigation
within 100 days after the filing of the | ||||||
8 | charge, unless it is impracticable to
do so. The | ||||||
9 | Department's failure to complete the investigation within | ||||||
10 | 100 days after the proper filing of the charge does not | ||||||
11 | deprive the Department of jurisdiction over the charge.
| ||||||
12 | (2) If the Department is unable to complete the | ||||||
13 | investigation within 100
days after the charge is filed, | ||||||
14 | the Department shall notify the complainant
and respondent | ||||||
15 | in writing of the reasons for not doing so.
| ||||||
16 | (3) The Director or his or her designated | ||||||
17 | representative shall have
authority to request any member | ||||||
18 | of the Commission to issue subpoenas to
compel the | ||||||
19 | attendance of a witness or the production for
examination | ||||||
20 | of any books, records or documents whatsoever.
| ||||||
21 | (4) If any witness whose testimony is required for any | ||||||
22 | investigation
resides outside the State, or through | ||||||
23 | illness or any other good cause as
determined by the | ||||||
24 | Director is unable to be interviewed by the investigator
or | ||||||
25 | appear at a fact finding conference, his or her testimony | ||||||
26 | or deposition
may be taken, within or without the State, in |
| |||||||
| |||||||
1 | the same manner as
provided for in the taking of | ||||||
2 | depositions in civil cases in circuit courts.
| ||||||
3 | (5) Upon reasonable notice to the complainant and the | ||||||
4 | respondent,
the Department shall conduct a fact finding | ||||||
5 | conference, unless prior to
100 days from the date on which | ||||||
6 | the charge was filed, the Director has
determined whether | ||||||
7 | there is substantial evidence that the alleged civil
rights | ||||||
8 | violation has been committed or the parties voluntarily and | ||||||
9 | in writing agree to waive the fact finding conference. A | ||||||
10 | party's failure to attend the
conference
without good cause | ||||||
11 | may result in dismissal or default. A notice of dismissal
| ||||||
12 | or default shall be issued by the Director and shall notify | ||||||
13 | the relevant
party that a request for review may be filed | ||||||
14 | in writing with the Commission
within 30 days of receipt of | ||||||
15 | notice of dismissal or default.
| ||||||
16 | (C-1) Notice of right to sue. At any time after the | ||||||
17 | expiration of 180 days from the date of filing a charge with | ||||||
18 | the Department, a complainant has the right to submit a written | ||||||
19 | request seeking notice from the Director indicating that the | ||||||
20 | complainant has opted out of the investigation and may commence | ||||||
21 | a civil action in the appropriate circuit court. The Department | ||||||
22 | shall respond to a complainant's request within 10 business | ||||||
23 | days. If the complainant chooses to commence an action in a | ||||||
24 | circuit court under this subsection (C-1), he or she may not | ||||||
25 | refile a substantially similar charge with the Department | ||||||
26 | arising from the same incident of unlawful discrimination or |
| |||||||
| |||||||
1 | harassment. | ||||||
2 | (D) Report.
| ||||||
3 | (1) Each investigated charge investigated under | ||||||
4 | subsection (C) shall be the subject of a
report to the | ||||||
5 | Director. The report shall be a confidential document
| ||||||
6 | subject to review by the Director, authorized Department | ||||||
7 | employees, the
parties, and, where indicated by this Act, | ||||||
8 | members of the Commission or
their designated hearing | ||||||
9 | officers.
| ||||||
10 | The report shall contain:
| ||||||
11 | (a) the names and dates of contacts with witnesses;
| ||||||
12 | (b) a summary and the date of correspondence and | ||||||
13 | other contacts with the
aggrieved party and the | ||||||
14 | respondent;
| ||||||
15 | (c) a summary description of other pertinent | ||||||
16 | records;
| ||||||
17 | (d) a summary of witness statements; and
| ||||||
18 | (e) answers to questionnaires.
| ||||||
19 | A final report under this paragraph may be amended if | ||||||
20 | additional evidence
is later discovered.
| ||||||
21 | (2) Upon review of the report and within 100 days of | ||||||
22 | the filing of the
charge, unless it is impracticable
to do | ||||||
23 | so, the Director shall determine whether there is | ||||||
24 | substantial
evidence that the alleged civil rights | ||||||
25 | violation has been committed or is
about to be committed.
| ||||||
26 | If the Director is unable to make the determination within |
| |||||||
| |||||||
1 | 100 days after
the filing of the charge, the Director shall | ||||||
2 | notify the complainant and
respondent in writing of the | ||||||
3 | reasons for not doing so. The Director's failure to make | ||||||
4 | the determination within 100 days after the proper filing | ||||||
5 | of the charge does not deprive the Department of | ||||||
6 | jurisdiction over the charge.
| ||||||
7 | (a) If the Director determines that there is no | ||||||
8 | substantial
evidence, the charge shall be dismissed | ||||||
9 | and the aggrieved party notified
that he or she may | ||||||
10 | seek review of the dismissal order before the
| ||||||
11 | Commission. The aggrieved party shall have 90 days from | ||||||
12 | receipt of notice
to file a request for review by the | ||||||
13 | Commission. The
Director shall make
public disclosure | ||||||
14 | of each such dismissal.
| ||||||
15 | (b) If the Director determines that there is | ||||||
16 | substantial evidence, he or
she shall immediately | ||||||
17 | issue a complaint on behalf of the aggrieved party
| ||||||
18 | pursuant to subsection (F).
| ||||||
19 | (E) Conciliation.
| ||||||
20 | (1) During the period beginning with the filing of
| ||||||
21 | charge and ending with the filing of a complaint or a | ||||||
22 | dismissal by the
Department, the Department shall, to the | ||||||
23 | extent feasible, engage in
conciliation with respect to | ||||||
24 | such charge.
| ||||||
25 | When the Department determines that a formal
| ||||||
26 | conciliation conference is feasible, the aggrieved party |
| |||||||
| |||||||
1 | and respondent
shall be notified of the time and place of | ||||||
2 | the conference by registered
or certified mail at least 7 | ||||||
3 | days prior thereto and either or both
parties shall appear | ||||||
4 | at the conference in person or by attorney.
| ||||||
5 | (2) The place fixed for the conference shall be within | ||||||
6 | 35 miles of
the place where the civil rights violation is | ||||||
7 | alleged to have been
committed.
| ||||||
8 | (3) Nothing occurring at the conference shall be made | ||||||
9 | public or used as
evidence in a subsequent proceeding for | ||||||
10 | the purpose of proving a violation
under this Act unless | ||||||
11 | the complainant and respondent agree in writing that
such | ||||||
12 | disclosure be made.
| ||||||
13 | (4) A conciliation agreement arising out of such | ||||||
14 | conciliation shall be
an agreement between the respondent | ||||||
15 | and the complainant, and shall be
subject to approval by | ||||||
16 | the Department and Commission.
| ||||||
17 | (5) A conciliation agreement may provide for binding | ||||||
18 | arbitration of the
dispute arising from the charge. Any | ||||||
19 | such arbitration that results from a
conciliation | ||||||
20 | agreement may award appropriate relief, including monetary | ||||||
21 | relief.
| ||||||
22 | (6) Each conciliation agreement shall be made public | ||||||
23 | unless the
complainant and respondent otherwise agree and | ||||||
24 | the Department determines
that disclosure is not required | ||||||
25 | to further the purpose of this Act.
| ||||||
26 | (F) Complaint.
|
| |||||||
| |||||||
1 | (1) When there is a failure to settle or adjust any
| ||||||
2 | charge through a conciliation conference and the charge is | ||||||
3 | not dismissed,
the Department shall prepare a
written | ||||||
4 | complaint, under oath or affirmation, stating the nature of | ||||||
5 | the
civil rights violation and the relief sought on behalf | ||||||
6 | of the aggrieved
party. Such complaint shall be based on | ||||||
7 | the final investigation report and
need not be limited to | ||||||
8 | the facts or grounds alleged in the charge filed
under | ||||||
9 | subsection (A).
| ||||||
10 | (2) The complaint shall be filed with the Commission.
| ||||||
11 | (3) The Department may not issue a complaint under this | ||||||
12 | Section
regarding an alleged civil rights violation after | ||||||
13 | the beginning of
the trial of a civil action commenced by | ||||||
14 | the aggrieved party under any
State or federal law, seeking | ||||||
15 | relief with respect to that alleged civil rights
violation.
| ||||||
16 | (G) Time Limit.
| ||||||
17 | (1) When a charge of a civil rights violation has been
| ||||||
18 | properly filed, the Department, within 100 days thereof, | ||||||
19 | unless it is
impracticable to do so,
shall either issue and | ||||||
20 | file a complaint in the manner and form set forth in
this | ||||||
21 | Section or shall order that no complaint be issued. Any | ||||||
22 | such order
shall be duly served upon both the aggrieved | ||||||
23 | party and the respondent. The Department's failure to | ||||||
24 | either issue and file a complaint or order that no | ||||||
25 | complaint be issued within 100 days after the proper filing | ||||||
26 | of the charge does not deprive the Department of |
| |||||||
| |||||||
1 | jurisdiction over the charge.
| ||||||
2 | (2) The Director shall make available to the aggrieved | ||||||
3 | party
and the respondent, at any time, upon request | ||||||
4 | following completion of the
Department's investigation, | ||||||
5 | information derived from an investigation and
any final | ||||||
6 | investigative report relating to that investigation.
| ||||||
7 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
8 | filed on or
after
January 1, 1996.
| ||||||
9 | (I) The changes made to this Section by Public Act 95-243 | ||||||
10 | apply to charges filed on or
after the effective date of those | ||||||
11 | changes. | ||||||
12 | (J) The changes made to this Section by this amendatory Act | ||||||
13 | of the 96th General Assembly apply to charges filed on or
after | ||||||
14 | the effective date of those changes. | ||||||
15 | (Source: P.A. 100-492, eff. 9-8-17.)
| ||||||
16 | (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
| ||||||
17 | Sec. 8-102. Powers and Duties. In addition to the other | ||||||
18 | powers
and duties prescribed in this Act, the Commission shall | ||||||
19 | have the following
powers and duties:
| ||||||
20 | (A) Meetings. To meet and function at any place within the | ||||||
21 | State.
| ||||||
22 | (B) Offices. To establish and maintain offices in | ||||||
23 | Springfield and Chicago.
| ||||||
24 | (C) Employees. To select and fix the compensation of such | ||||||
25 | technical
advisors and employees as it may deem necessary |
| |||||||
| |||||||
1 | pursuant to the provisions
of "The Personnel Code".
| ||||||
2 | (D) Hearing Officers. To select and fix the compensation of | ||||||
3 | hearing
officers who shall be attorneys duly licensed to | ||||||
4 | practice law in this State
and full time employees of the | ||||||
5 | Commission.
| ||||||
6 | A formal and unbiased training program for hearing officers | ||||||
7 | shall be
implemented. The training program shall include the | ||||||
8 | following:
| ||||||
9 | (1) substantive and procedural aspects of the hearing | ||||||
10 | officer position;
| ||||||
11 | (2) current issues in human rights law and practice;
| ||||||
12 | (3) lectures by specialists in substantive areas | ||||||
13 | related to human rights matters;
| ||||||
14 | (4) orientation to each operational unit of the | ||||||
15 | Department and Commission;
| ||||||
16 | (5) observation of experienced hearing officers | ||||||
17 | conducting hearings of
cases, combined with the | ||||||
18 | opportunity to discuss evidence presented and rulings
| ||||||
19 | made;
| ||||||
20 | (6) the use of hypothetical cases requiring the hearing | ||||||
21 | officer to
issue judgments as a means to evaluating | ||||||
22 | knowledge and writing ability;
| ||||||
23 | (7) writing skills;
| ||||||
24 | (8) computer skills, including but not limited to word | ||||||
25 | processing and
document management.
| ||||||
26 | A formal, unbiased and ongoing professional development |
| |||||||
| |||||||
1 | program
including, but not limited to, the above-noted areas | ||||||
2 | shall be implemented
to keep hearing officers informed of | ||||||
3 | recent developments and issues and to
assist them in | ||||||
4 | maintaining and enhancing their professional competence.
| ||||||
5 | (E) Rules and Regulations. To adopt, promulgate, amend, and | ||||||
6 | rescind rules
and regulations not inconsistent with the | ||||||
7 | provisions of this Act pursuant
to the Illinois Administrative | ||||||
8 | Procedure Act.
| ||||||
9 | (F) Compulsory Process. To issue and authorize requests for | ||||||
10 | enforcement
of subpoenas and other compulsory process | ||||||
11 | established by this Act.
| ||||||
12 | (G) Decisions. Through a panel of three members designated | ||||||
13 | by the
Chairperson on a random basis, to hear and decide by | ||||||
14 | majority vote complaints filed in conformity with this Act and | ||||||
15 | to approve
proposed settlements.
| ||||||
16 | (H) Rehearings. To order, by a vote of 3 6 members, | ||||||
17 | rehearing of its
decisions by the entire Commission in | ||||||
18 | conformity with this Act.
| ||||||
19 | (I) Judicial Enforcement. To authorize requests for | ||||||
20 | judicial enforcement
of its orders in conformity with this Act.
| ||||||
21 | (J) Opinions. To publish each decision within 180 days of | ||||||
22 | the decision its decisions in timely fashion to assure a
| ||||||
23 | consistent source of precedent. Published decisions shall be | ||||||
24 | subject to the Personal Information Protection Act.
| ||||||
25 | (K) Public Grants; Private Gifts. To accept public grants | ||||||
26 | and private
gifts as may be authorized.
|
| |||||||
| |||||||
1 | (L) Interpreters. To appoint at the expense of the | ||||||
2 | Commission a qualified
sign language interpreter whenever a | ||||||
3 | hearing impaired person is a party or
witness at a public | ||||||
4 | hearing.
| ||||||
5 | (M) Automated Processing Plan. To prepare an electronic | ||||||
6 | data processing
and telecommunications plan jointly with the | ||||||
7 | Department in accordance with
Section 7-112.
| ||||||
8 | (N) The provisions of this amendatory Act of 1995 amending | ||||||
9 | subsection (G)
of this Section apply to causes of action filed | ||||||
10 | on or after January 1, 1996.
| ||||||
11 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
12 | (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| ||||||
13 | Sec. 8-103. Request for Review.
| ||||||
14 | (A) Jurisdiction. The Commission,
through a panel of three | ||||||
15 | members, shall have jurisdiction to hear and
determine requests | ||||||
16 | for review of (1) decisions of the Department to dismiss
a | ||||||
17 | charge; and (2) notices of default issued by the Department.
| ||||||
18 | In each instance, the Department shall be the respondent. | ||||||
19 | The respondent on the charge, in the case of dismissal, or the | ||||||
20 | complainant, in the case of default, may file a response to the | ||||||
21 | request for review.
| ||||||
22 | (B) Review. When a request for review is properly filed, | ||||||
23 | the Commission
may consider the Department's report, any | ||||||
24 | argument and supplemental evidence
timely submitted, and the | ||||||
25 | results of any additional investigation conducted by
the
|
| |||||||
| |||||||
1 | Department in response to the request. In its discretion, the | ||||||
2 | Commission
may designate a hearing officer to conduct a hearing | ||||||
3 | into the factual basis
of the matter at issue.
| ||||||
4 | (C) Default Order. When a respondent fails to file a timely | ||||||
5 | request
for review of a notice of default, or the default is | ||||||
6 | sustained on review,
the Commission shall enter a default order | ||||||
7 | and notify the parties that the complainant has the right to | ||||||
8 | either commence a civil action in the appropriate circuit court | ||||||
9 | to determine the complainant's damages or request that the | ||||||
10 | Commission set a hearing on damages before one of its hearing | ||||||
11 | officers. The complainant shall have 90 days after receipt of | ||||||
12 | the Commission's default order to either commence a civil | ||||||
13 | action in the appropriate circuit court or request that the | ||||||
14 | Commission set a hearing on damages.
| ||||||
15 | (D) Time Period Toll. Proceedings on requests for review | ||||||
16 | shall toll
the time limitation established in paragraph (G) of | ||||||
17 | Section 7A-102 from
the date on which the Department's notice | ||||||
18 | of dismissal or default is issued
to the date
on which the | ||||||
19 | Commission's order is entered.
| ||||||
20 | (E) The changes made to this Section by Public Act 95-243 | ||||||
21 | apply to charges or complaints filed with the Department or | ||||||
22 | Commission on or
after the effective date of those changes. | ||||||
23 | (F) The changes made to this Section by this amendatory Act | ||||||
24 | of the 96th General Assembly apply to charges or complaints | ||||||
25 | filed with the Department or Commission on or
after the | ||||||
26 | effective date of those changes. |
| |||||||
| |||||||
1 | (G) The changes made to this Section by this amendatory Act | ||||||
2 | of the 100th General Assembly apply to charges filed with the | ||||||
3 | Department or Commission on or
after the effective date of this | ||||||
4 | amendatory Act of the 100th General Assembly. | ||||||
5 | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
| ||||||
6 | (775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
| ||||||
7 | Sec. 8-110. Publication of Opinions. Decisions of the | ||||||
8 | Commission or panels
thereof, whether on requests for review or
| ||||||
9 | complaints, shall be
made available on the Commission's website | ||||||
10 | and to online legal research companies within 14 calendar days | ||||||
11 | after publication by the Commission as required by subsection | ||||||
12 | (J) of Section 8-102. Published decisions shall be subject to | ||||||
13 | the Personal Information Protection Act published within 120 | ||||||
14 | calendar days of the completion of service of the written
| ||||||
15 | decision on the parties to ensure a consistent source of | ||||||
16 | precedent .
| ||||||
17 | This amendatory Act of 1995 applies to causes of action | ||||||
18 | filed on or after
January 1, 1996.
| ||||||
19 | The changes made to this Section by this amendatory Act of | ||||||
20 | the 95th General Assembly apply to decisions of the Commission | ||||||
21 | entered on or
after the effective date of those changes. | ||||||
22 | (Source: P.A. 95-243, eff. 1-1-08.)
| ||||||
23 | (775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
| ||||||
24 | Sec. 8A-103. Review by Commission.
|
| |||||||
| |||||||
1 | (A) Exceptions. Within 30 days of the receipt of service of | ||||||
2 | the hearing
officer's recommended order, a party may file with | ||||||
3 | the Commission any
written exceptions to any part of the order. | ||||||
4 | Exceptions shall be supported
by argument and served on all | ||||||
5 | parties at the time they are filed. If no
exceptions are filed, | ||||||
6 | the recommended order shall become the order of the
Commission | ||||||
7 | without further review. The Commission shall issue a notice | ||||||
8 | that no exceptions have been filed no later than 30 days after | ||||||
9 | the exceptions were due.
| ||||||
10 | (B) Response. Within 21 days of the receipt of service of | ||||||
11 | exceptions,
a party may file with the Commission any response | ||||||
12 | to the exceptions.
Responses shall be supported by argument and | ||||||
13 | served on all parties at the
time they are filed.
| ||||||
14 | (C) Oral Argument. A party may request oral argument at the | ||||||
15 | time of filing
exceptions or a response to exceptions. When any | ||||||
16 | party requests oral argument
in this manner, the Commission may | ||||||
17 | schedule oral argument to be
heard
by a panel of 3 Commission | ||||||
18 | members. If the panel grants oral argument, it shall notify all | ||||||
19 | parties
of the time and place of argument. Any party so | ||||||
20 | notified may present
oral argument.
| ||||||
21 | (D) Remand.
| ||||||
22 | (1) The Commission, on its own motion or at the written | ||||||
23 | request of any
party made at the time of filing exceptions | ||||||
24 | or responses, may remand a case
to a hearing officer for | ||||||
25 | purposes of a rehearing to reconsider evidence or
hear | ||||||
26 | additional evidence in the matter. The Commission shall |
| |||||||
| |||||||
1 | issue and
serve on all parties a written order remanding | ||||||
2 | the cause and specifying the
additional evidence.
| ||||||
3 | (2) The hearing officer presiding at a rehearing shall | ||||||
4 | set a hearing
date, in accordance with subsection (B) of | ||||||
5 | Section 8A-102, upon due notice
to all parties.
| ||||||
6 | (3) After conclusion of the rehearing, the hearing | ||||||
7 | officer shall file
written findings and recommendations | ||||||
8 | with the Commission and serve copies
at the same time on | ||||||
9 | all parties in the same manner as provided in
subsection | ||||||
10 | (I) of Section 8A-102. The findings and recommendations | ||||||
11 | shall
be subject to review by the Commission as provided in | ||||||
12 | this Section.
| ||||||
13 | (E) Review.
| ||||||
14 | (1) Following the filing of the findings and | ||||||
15 | recommended order of the
hearing officer and any written | ||||||
16 | exceptions and responses, and any other
proceedings | ||||||
17 | provided for in this Section, the Commission, through a | ||||||
18 | panel of 3
members, shall decide whether to accept the case | ||||||
19 | for review. If the panel
declines to review the recommended | ||||||
20 | order, it shall become the order
of the Commission. The | ||||||
21 | Commission shall issue a notice within 30 days after a | ||||||
22 | Commission panel votes to decline review. If the panel | ||||||
23 | accepts the case, it shall review the record
and may adopt, | ||||||
24 | modify, or reverse in whole or in part the findings and
| ||||||
25 | recommendations of the hearing officer.
| ||||||
26 | (2) When reviewing a recommended order, the Commission |
| |||||||
| |||||||
1 | shall adopt the
hearing officer's findings of fact
if they | ||||||
2 | are not contrary to the manifest weight of the evidence.
| ||||||
3 | (3) If the Commission accepts a case for review, it
| ||||||
4 | shall file its written order and decision in its office
and | ||||||
5 | serve copies on all parties together with a notification of | ||||||
6 | the date
when it was filed. If the Commission declines to | ||||||
7 | review a recommended order
or if no exceptions have been | ||||||
8 | filed, it shall issue a short statement notifying
the | ||||||
9 | parties that the recommended order has become the order of | ||||||
10 | the Commission.
The statement shall be served on the | ||||||
11 | parties by first class mail.
| ||||||
12 | (4) A recommended order authored by a non-presiding
| ||||||
13 | hearing officer under
subparagraph 8A-102(I)(4) of this | ||||||
14 | Act shall be reviewed in the same
manner as a recommended | ||||||
15 | order authored by a presiding
hearing officer.
| ||||||
16 | (F) Rehearing.
| ||||||
17 | (1) Within 30 days after service of the Commission's | ||||||
18 | order or statement
declining review, a party may file an | ||||||
19 | application for rehearing before the
full Commission.
The | ||||||
20 | application shall be served on all other parties. The | ||||||
21 | Commission shall
have discretion to order a response to the | ||||||
22 | application. The filing of an
application for rehearing is | ||||||
23 | optional. The failure to file an application
for rehearing | ||||||
24 | shall not be considered a failure to exhaust administrative
| ||||||
25 | remedies. This amendatory Act of 1991 applies to pending | ||||||
26 | proceedings as
well as those filed on or after its |
| |||||||
| |||||||
1 | effective date.
| ||||||
2 | (2) Applications for rehearing shall be viewed with | ||||||
3 | disfavor and may
be granted, by vote of 6 Commission | ||||||
4 | members, only upon a clear demonstration
that a matter | ||||||
5 | raises legal issues of significant impact or that | ||||||
6 | Commission
decisions are in conflict.
| ||||||
7 | (3) When an application for rehearing is granted, the | ||||||
8 | original order shall
be nullified and oral argument before | ||||||
9 | the full Commission shall be scheduled.
The Commission may | ||||||
10 | request the parties to file any additional written | ||||||
11 | arguments
it deems necessary.
| ||||||
12 | (G) Modification of Order.
| ||||||
13 | (1) At any time before a final order of
the court in a | ||||||
14 | proceeding for judicial review under this Act, the | ||||||
15 | Commission
or the 3-member panel that decided the matter, | ||||||
16 | upon reasonable notice,
may modify or set aside in whole or | ||||||
17 | in part any finding or order made by
it in accordance with | ||||||
18 | this Section.
| ||||||
19 | (2) Any modification shall be accomplished by the | ||||||
20 | filing and service of
a supplemental order and decision by | ||||||
21 | the Commission in the same manner as
provided in this | ||||||
22 | Section.
| ||||||
23 | (H) Extensions of time. All motions for extensions of time | ||||||
24 | with
respect to matters being considered by the Commission | ||||||
25 | shall be decided by
the full Commission or a 3-member panel. If | ||||||
26 | a motion for extension of
time cannot be ruled upon before the |
| |||||||
| |||||||
1 | filing deadline sought to be
extended, the Chairperson of the | ||||||
2 | Commission shall be authorized to extend
the filing deadline to | ||||||
3 | the date of the next Commission meeting at which the
motion can | ||||||
4 | be considered.
| ||||||
5 | (Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95; | ||||||
6 | 89-626, eff.
8-9-96.)
| ||||||
7 | (775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
| ||||||
8 | Sec. 8B-103. Review by Commission.
| ||||||
9 | (A) Exceptions. Within 30 days of the receipt of service of | ||||||
10 | the hearing
officer's recommended order, a party may file with | ||||||
11 | the Commission any
written exceptions to any part of the order. | ||||||
12 | Exceptions shall be supported
by argument and served on all | ||||||
13 | parties at the time they are filed. If no
exceptions are filed, | ||||||
14 | the recommended order shall become the order of the
Commission | ||||||
15 | without further review. The Commission shall issue a notice | ||||||
16 | that no exceptions have been filed no later than 30 days after | ||||||
17 | the exceptions were due.
| ||||||
18 | (B) Response. Within 21 days of the receipt of service of | ||||||
19 | exceptions,
a party may file with the Commission any response | ||||||
20 | to the exceptions.
Responses shall be supported by argument and | ||||||
21 | served on all parties at the
time they are filed.
| ||||||
22 | (C) Oral Argument. A party may request oral argument at the | ||||||
23 | time of filing
exceptions or a response to exceptions. When any | ||||||
24 | party requests oral argument
in this manner, the Commission may | ||||||
25 | schedule oral argument to be
heard
by a panel of 3 Commission |
| |||||||
| |||||||
1 | members. If the panel grants oral
argument, it shall notify all | ||||||
2 | parties of
the time and place of argument. Any party so | ||||||
3 | notified may present
oral argument.
| ||||||
4 | (D) Remand.
| ||||||
5 | (1) The Commission, on its own motion or at the written | ||||||
6 | request of any
party made at the time of filing exceptions | ||||||
7 | or responses, may remand a case
to a hearing officer for | ||||||
8 | purposes of a rehearing to reconsider evidence or
hear | ||||||
9 | additional evidence in the matter. The Commission shall | ||||||
10 | issue and
serve on all parties a written order remanding | ||||||
11 | the cause and specifying the
additional evidence.
| ||||||
12 | (2) The hearing officer presiding at a rehearing shall | ||||||
13 | set a hearing date,
in accordance with Section 8B-102(C), | ||||||
14 | upon due notice to all parties.
| ||||||
15 | (3) After conclusion of the rehearing, the hearing | ||||||
16 | officer shall file
written findings and recommendations | ||||||
17 | with the Commission and serve copies
at the same time on | ||||||
18 | all parties in the same manner as provided in Section
| ||||||
19 | 8B-102(J). The findings and recommendations shall be | ||||||
20 | subject to review by
the Commission as provided in this | ||||||
21 | Section.
| ||||||
22 | (E) Review.
| ||||||
23 | (1) Following the filing of the findings and | ||||||
24 | recommended
order of the hearing officer and any written | ||||||
25 | exceptions and responses, and
any other proceedings | ||||||
26 | provided for in this Section, the Commission, through
a |
| |||||||
| |||||||
1 | panel of 3 members, may review the record and may adopt,
| ||||||
2 | modify,
or reverse in whole or in part the findings and | ||||||
3 | recommendations of the
hearing officer.
| ||||||
4 | (2) When reviewing a recommended order, the Commission | ||||||
5 | shall adopt the
hearing officer's findings of fact
if they | ||||||
6 | are not contrary to the manifest weight of the evidence.
| ||||||
7 | (3) If the Commission accepts a case for review, it
| ||||||
8 | shall file its written order and decision in its
office and | ||||||
9 | serve copies on all parties together with a notification of | ||||||
10 | the
date when it was filed. If the Commission declines to | ||||||
11 | review a recommended
order or if no exceptions have been | ||||||
12 | filed, it shall issue a short statement
notifying the | ||||||
13 | parties that the recommended order has become the order of | ||||||
14 | the
Commission. The statement shall be served on the | ||||||
15 | parties by first class
mail.
| ||||||
16 | (3.1) A recommended order authored by a non-presiding
| ||||||
17 | hearing officer under
subparagraph 8B-102(J)(4) shall be | ||||||
18 | reviewed in the same
manner as a recommended order authored | ||||||
19 | by a presiding
hearing officer.
| ||||||
20 | (4) The Commission shall issue a final decision within | ||||||
21 | one
year of the date a charge is filed with the Department | ||||||
22 | unless it is
impracticable to do so. If the Commission is | ||||||
23 | unable to issue a final decision within one year of the | ||||||
24 | date the charge is filed with the
Department, it shall | ||||||
25 | notify all parties in writing of the reasons for
not doing | ||||||
26 | so.
|
| |||||||
| |||||||
1 | (F) Rehearing.
| ||||||
2 | (1) Within 30 days after service of the Commission's | ||||||
3 | order or statement
declining review, a party may file an | ||||||
4 | application for rehearing before the
full Commission.
The | ||||||
5 | application shall be served on all other parties. The | ||||||
6 | Commission shall
have discretion to order a response to the | ||||||
7 | application. The filing of an
application for rehearing is | ||||||
8 | optional. The failure to file an application
for rehearing | ||||||
9 | shall not be considered a failure to exhaust administrative
| ||||||
10 | remedies. This amendatory Act of 1991 applies to pending | ||||||
11 | proceedings as
well as those filed on or after its | ||||||
12 | effective date.
| ||||||
13 | (2) Applications for rehearing shall be viewed with | ||||||
14 | disfavor, and may
be granted, by vote of 6 Commission | ||||||
15 | members, only upon a clear demonstration
that a matter | ||||||
16 | raises legal issues of significant impact or that
| ||||||
17 | Commission decisions are in conflict.
| ||||||
18 | (3) When an application for rehearing is granted, the | ||||||
19 | original order
shall be nullified and oral argument before | ||||||
20 | the full Commission shall be
scheduled. The Commission may | ||||||
21 | request the parties to file any additional
written | ||||||
22 | arguments it deems necessary.
| ||||||
23 | (G) Modification of Order.
| ||||||
24 | (1) At any time before a final order of the court in a | ||||||
25 | proceeding for
judicial review under this Act, the | ||||||
26 | Commission or the 3-member panel that
decided the matter, |
| |||||||
| |||||||
1 | upon reasonable notice, may modify or set aside in
whole or | ||||||
2 | in part any finding or order made by it in accordance with | ||||||
3 | this
Section.
| ||||||
4 | (2) Any modification shall be accomplished by the | ||||||
5 | filing and service of
a supplemental order and decision by | ||||||
6 | the Commission in the same manner as
provided in this | ||||||
7 | Section.
| ||||||
8 | (H) Extensions of time. All motions for extensions of time | ||||||
9 | with
respect to matters being considered by the Commission | ||||||
10 | shall be decided by
the full Commission or a 3-member panel. If | ||||||
11 | a motion for extension of
time cannot be ruled upon before the | ||||||
12 | filing deadline sought to be
extended, the Chairperson of the | ||||||
13 | Commission shall be authorized to extend
the filing deadline to | ||||||
14 | the date of the next Commission meeting at which the
motion can | ||||||
15 | be considered.
| ||||||
16 | (Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95; | ||||||
17 | 89-626, eff.
8-9-96.)
| ||||||
18 | Article 5. | ||||||
19 | Section 5-1. Short title. This Article may be cited as the | ||||||
20 | Hotel and Casino Employee Safety Act. References in this | ||||||
21 | Article to "this Act" mean this Article. | ||||||
22 | Section 5-5. Definitions. As used in this Act: | ||||||
23 | "Casino" means any gambling operation, person, |
| |||||||
| |||||||
1 | association, corporation, partnership, or trust subject to the | ||||||
2 | jurisdiction of the Gaming Board pursuant to the Riverboat | ||||||
3 | Gambling Act. | ||||||
4 | "Complaining employee" means an employee who has alleged an | ||||||
5 | instance of sexual assault and sexual harassment by a guest.
| ||||||
6 | "Employee" means any natural person who works full time or | ||||||
7 | part time at a hotel or casino for or under the direction of | ||||||
8 | the hotel or casino or any subcontractor of the hotel or casino | ||||||
9 | for wages or salary or remuneration of any type under a | ||||||
10 | contract or subcontract of employment, whether expressed or | ||||||
11 | implied. | ||||||
12 | "Guest" means any invitee to a hotel or casino, including | ||||||
13 | registered guests, persons occupying guest rooms with a | ||||||
14 | registered guest or other occupant of a guest room, persons | ||||||
15 | patronizing food or beverage facilities provided by the hotel | ||||||
16 | or casino, or any other person whose presence at the hotel or | ||||||
17 | casino is permitted by the hotel or casino. "Guest" does not | ||||||
18 | include employees. | ||||||
19 | "Guest room" means any room made available by a hotel for | ||||||
20 | overnight occupancy by guests. | ||||||
21 | "Hotel" means any building or buildings maintained, | ||||||
22 | advertised, and held out to the public to be a place where | ||||||
23 | lodging is offered for consideration to travelers and guests. | ||||||
24 | "Hotel" includes inns, motels, tourist homes or courts, and | ||||||
25 | lodging houses. | ||||||
26 | "Notification device" or "panic button" means a portable |
| |||||||
| |||||||
1 | emergency contact device that is designed so that an employee | ||||||
2 | can quickly and easily activate the button or device to | ||||||
3 | effectively summon to the employee's location prompt | ||||||
4 | assistance by a hotel or casino security officer, manager, or | ||||||
5 | other appropriate hotel or casino staff member designated by | ||||||
6 | the hotel or casino. | ||||||
7 | "Offending guest" means a guest a complaining employee has | ||||||
8 | alleged sexually assaulted or sexually harassed the | ||||||
9 | complaining employee. | ||||||
10 | "Restroom" means any room equipped with toilets or urinals. | ||||||
11 | "Sexual harassment" means any harassment or discrimination | ||||||
12 | on the basis of an individual's actual or perceived sex or | ||||||
13 | gender, including unwelcome sexual advances, requests for | ||||||
14 | sexual favors, or other verbal or physical conduct of a sexual | ||||||
15 | nature. | ||||||
16 | Section 5-10. Hotels and casinos; panic buttons; | ||||||
17 | anti-sexual harassment policies. | ||||||
18 | (a) Each hotel and casino shall equip an employee who is | ||||||
19 | assigned to work in a guest room, restroom, or casino floor, | ||||||
20 | under circumstances where no other employee is present in the | ||||||
21 | room or area, with a panic button or notification device. The | ||||||
22 | employee may use the panic button or notification device to | ||||||
23 | summon help if the employee reasonably believes that an ongoing | ||||||
24 | crime, sexual harassment, sexual assault, or other emergency is | ||||||
25 | occurring in the employee's presence. The panic button or |
| |||||||
| |||||||
1 | notification device shall be provided by the hotel or casino at | ||||||
2 | no cost to the employee. | ||||||
3 | (b) Each hotel and casino shall develop, maintain, and | ||||||
4 | comply with a written anti-sexual harassment policy to protect | ||||||
5 | employees against sexual assault and sexual harassment by | ||||||
6 | guests. This policy shall: | ||||||
7 | (1) encourage an employee to immediately report to the | ||||||
8 | hotel or casino any instance of alleged sexual assault or | ||||||
9 | sexual harassment by a guest; | ||||||
10 | (2) describe the procedures that the complaining | ||||||
11 | employee and hotel or casino shall follow in cases under | ||||||
12 | paragraph (1); | ||||||
13 | (3) instruct the complaining employee to cease work and | ||||||
14 | to leave the immediate area where danger is perceived until | ||||||
15 | hotel or casino security personnel or police arrive to | ||||||
16 | provide assistance; | ||||||
17 | (4) offer temporary work assignments to the | ||||||
18 | complaining employee during the duration of the offending | ||||||
19 | guest's stay at the hotel or casino, which may include | ||||||
20 | assigning the complaining employee to work on a different | ||||||
21 | floor or at a different station or work area away from the | ||||||
22 | offending guest; | ||||||
23 | (5) provide the complaining employee with necessary | ||||||
24 | paid time off to: | ||||||
25 | (A) sign a police complaint against the offending | ||||||
26 | guest; and |
| |||||||
| |||||||
1 | (B) testify as a witness at any legal proceeding | ||||||
2 | that may ensue as a result of the complaint, if the | ||||||
3 | complaining employee is still in the employ of the | ||||||
4 | hotel or casino at the time the legal proceeding | ||||||
5 | occurs; | ||||||
6 | (6) inform the complaining employee that the Illinois | ||||||
7 | Human Rights Act and Title VII of the Civil Rights Act of | ||||||
8 | 1964 provide additional protections against sexual | ||||||
9 | harassment in the workplace; and | ||||||
10 | (7) inform the complaining employee that Section 5-15 | ||||||
11 | makes it illegal for an employer to retaliate against any | ||||||
12 | employee who reasonably uses a panic button or notification | ||||||
13 | device; in good faith avails himself or herself of the | ||||||
14 | requirements set forth in paragraph (3), (4), or (5); or | ||||||
15 | discloses, reports, or testifies about any violation of | ||||||
16 | this Act or rules adopted under this Act. | ||||||
17 | Each hotel and casino shall provide all employees with a | ||||||
18 | current copy in English, Spanish, and Polish, or other | ||||||
19 | predominant language of the workforce, of the anti-sexual | ||||||
20 | harassment policy of the hotel or casino, and post the policy | ||||||
21 | in English, Spanish and Polish, or other available language, in | ||||||
22 | conspicuous places in areas of the hotel or casino, such as | ||||||
23 | supply rooms or employee lunch rooms, where employees can | ||||||
24 | reasonably be expected to see it. | ||||||
25 | Section 5-15. Retaliation prohibited. It is unlawful for a |
| |||||||
| |||||||
1 | hotel or casino to retaliate against an employee for: | ||||||
2 | (1) reasonably using a panic button or notification | ||||||
3 | device; | ||||||
4 | (2) availing himself or herself of the provisions of | ||||||
5 | paragraph (3), (4), or (5) of subsection (b) of Section | ||||||
6 | 5-10; or | ||||||
7 | (3) disclosing, reporting, or testifying about any | ||||||
8 | violation of this Act or any rule adopted under this Act. | ||||||
9 | Section 5-20. Violations. An employee or representative of | ||||||
10 | employees claiming a violation of this Act may bring an action | ||||||
11 | in the circuit court of the county in which the hotel or casino | ||||||
12 | is located and is entitled to all remedies available under the | ||||||
13 | law or in equity appropriate to remedy any such violation, | ||||||
14 | including, but not limited to, injunctive relief or other | ||||||
15 | equitable relief including reinstatement and compensatory | ||||||
16 | damages. For a willful violation of this Act, the amount of | ||||||
17 | damages attributable to lost income due to the violation shall | ||||||
18 | be trebled. An employee or representative of employees securing | ||||||
19 | any relief pursuant to this Section shall be awarded reasonable | ||||||
20 | attorney's fees and costs. | ||||||
21 | Section 5-25. Home rule. A home rule unit of local | ||||||
22 | government, non-home rule municipality, or non-home rule | ||||||
23 | county may regulate the implementation of this Act, but that | ||||||
24 | regulation must be no less restrictive than this Act. This Act |
| |||||||
| |||||||
1 | is a limitation under subsection (i) of Section 6 of Article | ||||||
2 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
3 | home rule units of powers and functions exercised by the State.
| ||||||
4 | Article 6. | ||||||
5 | Section 6-5. The Illinois Freedom to Work Act is amended by | ||||||
6 | changing Section 5 and by adding Section 20 as follows: | ||||||
7 | (820 ILCS 90/5)
| ||||||
8 | Sec. 5. Definitions. In this Act: | ||||||
9 | "Covenant not to compete" means an agreement: | ||||||
10 | (1) between an employer and a low-wage employee that | ||||||
11 | restricts such low-wage employee from performing: | ||||||
12 | (A) any work for another employer for a specified | ||||||
13 | period of time; | ||||||
14 | (B) any work in a specified geographical area; or | ||||||
15 | (C) work for another employer that is similar to | ||||||
16 | such low-wage employee's work for the employer | ||||||
17 | included as a party to the agreement; and
| ||||||
18 | (2) that is entered into after the effective date of | ||||||
19 | this Act. | ||||||
20 | "Employer" has the meaning given to such term in subsection | ||||||
21 | (c) of Section 3 of the Minimum Wage Law. "Employer" does not | ||||||
22 | include governmental or quasi-governmental bodies. | ||||||
23 | "Low-wage employee" means an employee whose earnings do not |
| |||||||
| |||||||
1 | exceed the greater of (1) the hourly rate equal to the minimum | ||||||
2 | wage required by the applicable federal, State, or local | ||||||
3 | minimum wage law or (2) $13.00 per hour. | ||||||
4 | "Nondisclosure agreement" means an agreement between an | ||||||
5 | employer and a low-wage employee, entered into after the | ||||||
6 | effective date of this Amendatory Act of the 100th General | ||||||
7 | Assembly, that includes any term or condition that would | ||||||
8 | prevent the disclosure of any facts or circumstances relating | ||||||
9 | to the employment or impose any condition of confidentiality | ||||||
10 | related to the employment.
| ||||||
11 | (Source: P.A. 99-860, eff. 1-1-17; 100-225, eff. 8-18-17.) | ||||||
12 | (820 ILCS 90/20 new) | ||||||
13 | Sec. 20. Nondisclosure agreements prohibited. | ||||||
14 | (a) No employer shall enter into a nondisclosure agreement | ||||||
15 | with any low-wage employee of the employer. | ||||||
16 | (b) A nondisclosure agreement between an employer and a | ||||||
17 | low-wage employee is illegal and void. | ||||||
18 | Article 7. | ||||||
19 | Section 7-5. The Victims' Economic Security and Safety Act | ||||||
20 | is amended by changing Sections 10, 15, 20, 25, 30, 35, and 45 | ||||||
21 | as follows:
| ||||||
22 | (820 ILCS 180/10)
|
| |||||||
| |||||||
1 | Sec. 10. Definitions. In this Act, except as otherwise | ||||||
2 | expressly provided:
| ||||||
3 | (1) "Commerce" includes trade, traffic, commerce,
| ||||||
4 | transportation, or communication; and "industry or | ||||||
5 | activity
affecting commerce" means any activity, business, | ||||||
6 | or industry in
commerce or in which a labor dispute would | ||||||
7 | hinder or obstruct
commerce or the free flow of commerce, | ||||||
8 | and includes "commerce" and
any "industry affecting | ||||||
9 | commerce".
| ||||||
10 | (2) "Course of conduct" means a course of repeatedly | ||||||
11 | maintaining
a visual or physical proximity to a person or | ||||||
12 | conveying oral or
written threats, including threats | ||||||
13 | conveyed through electronic
communications, or threats | ||||||
14 | implied by conduct.
| ||||||
15 | (3) "Department" means the Department of Labor.
| ||||||
16 | (4) "Director" means the Director of Labor.
| ||||||
17 | (5) "Domestic or sexual violence" means domestic | ||||||
18 | violence, sexual
assault, or stalking.
| ||||||
19 | (6) "Domestic violence" means abuse, as defined in | ||||||
20 | Section 103 of the Illinois Domestic Violence Act of 1986, | ||||||
21 | by a family or household member, as defined in Section 103 | ||||||
22 | of the Illinois Domestic Violence Act of 1986.
| ||||||
23 | (7) "Electronic communications" includes | ||||||
24 | communications via
telephone, mobile phone, computer, | ||||||
25 | e-mail, video recorder, fax
machine, telex, or pager, | ||||||
26 | online platform (including, but not limited to, any |
| |||||||
| |||||||
1 | public-facing website, web application, digital | ||||||
2 | application, or social network), or any other electronic | ||||||
3 | communication, as defined in Section 12-7.5 of the Criminal | ||||||
4 | Code of 2012.
| ||||||
5 | (8) "Employ" includes to suffer or permit to work.
| ||||||
6 | (9) Employee.
| ||||||
7 | (A) In general. "Employee" means any person | ||||||
8 | employed by an employer.
| ||||||
9 | (B) Basis. "Employee" includes a person employed | ||||||
10 | as described in
subparagraph (A) on a full or part-time | ||||||
11 | basis,
or as a participant in a work
assignment as a | ||||||
12 | condition of receipt of federal or State
income-based | ||||||
13 | public assistance.
| ||||||
14 | (10) "Employer" means any of the following: (A) the | ||||||
15 | State or any agency
of the
State; (B) any unit of local | ||||||
16 | government or school district; or (C) any person
that | ||||||
17 | employs
at least one employee.
| ||||||
18 | (11) "Employment benefits" means all benefits provided | ||||||
19 | or made
available to employees by an employer, including | ||||||
20 | group life
insurance, health insurance, disability | ||||||
21 | insurance, sick leave,
annual leave, educational benefits, | ||||||
22 | pensions, and profit-sharing, regardless of
whether such | ||||||
23 | benefits are provided by a practice or written
policy of an | ||||||
24 | employer or through an "employee benefit plan".
"Employee | ||||||
25 | benefit plan" or "plan" means an employee welfare
benefit | ||||||
26 | plan or an employee pension benefit plan or a plan which
is |
| |||||||
| |||||||
1 | both an employee welfare benefit plan and an employee | ||||||
2 | pension
benefit plan.
| ||||||
3 | (12) "Family or household member", for employees with a | ||||||
4 | family or household member who is a victim of domestic | ||||||
5 | violence, sexual violence, or sexual harassment or sexual | ||||||
6 | violence , means a spouse,
parent, son, daughter, other | ||||||
7 | person related by blood or by present or prior marriage, | ||||||
8 | other person who shares a relationship through a son or | ||||||
9 | daughter, and persons jointly residing
in the same | ||||||
10 | household.
| ||||||
11 | (13) "Parent" means the biological parent of an | ||||||
12 | employee or an
individual who stood in loco parentis to an | ||||||
13 | employee when the
employee was a son or daughter. "Son or | ||||||
14 | daughter" means
a biological, adopted, or foster child, a | ||||||
15 | stepchild, a legal
ward, or a child of a person standing in | ||||||
16 | loco parentis, who is
under 18 years of age, or is 18 years | ||||||
17 | of age or older and incapable
of self-care because of a | ||||||
18 | mental or physical disability.
| ||||||
19 | (14) "Perpetrator" means an individual who commits or | ||||||
20 | is alleged
to have committed any act or threat of domestic | ||||||
21 | violence, sexual violence, or sexual harassment or sexual | ||||||
22 | violence .
| ||||||
23 | (15) "Person" means an individual, partnership, | ||||||
24 | association,
corporation, business trust, legal | ||||||
25 | representative, or any
organized group of persons.
| ||||||
26 | (16) "Public agency" means the Government of the State |
| |||||||
| |||||||
1 | or
political subdivision thereof; any agency of the State, | ||||||
2 | or of a
political subdivision of the State; or any | ||||||
3 | governmental agency.
| ||||||
4 | (17) "Public assistance" includes cash, food stamps, | ||||||
5 | medical
assistance, housing assistance, and other benefits | ||||||
6 | provided on
the basis of income by a public agency or | ||||||
7 | public employer.
| ||||||
8 | (18) "Reduced work schedule" means a work schedule that | ||||||
9 | reduces
the usual number of hours per workweek, or hours | ||||||
10 | per workday, of
an employee.
| ||||||
11 | (19) "Repeatedly" means on 2 or more occasions.
| ||||||
12 | (20) "Sexual assault" means any conduct proscribed by : | ||||||
13 | (i) Article 11 of the Criminal Code of 2012 except Sections | ||||||
14 | 11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,
| ||||||
15 | 12-15, and 12-16 of the Criminal Code of 2012; or (iii) a | ||||||
16 | similar provision of the Criminal Code of 1961. the
| ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 in | ||||||
18 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
19 | 12-13, 12-14, 12-14.1,
12-15, and 12-16.
| ||||||
20 | (21) "Stalking" means any conduct proscribed by the | ||||||
21 | Criminal
Code of 1961 or the Criminal Code of 2012 in | ||||||
22 | Sections 12-7.3, 12-7.4, and 12-7.5.
| ||||||
23 | (22) "Victim" or "survivor" means an individual who has
| ||||||
24 | been subjected to domestic violence, sexual violence, or | ||||||
25 | sexual harassment or sexual violence .
| ||||||
26 | (23) "Victim services organization" means a nonprofit,
|
| |||||||
| |||||||
1 | nongovernmental organization that provides assistance to | ||||||
2 | victims
of domestic violence, sexual violence, or sexual | ||||||
3 | harassment or sexual violence or to advocates for such | ||||||
4 | victims,
including a rape crisis center, an organization | ||||||
5 | carrying out a
domestic violence program, an organization | ||||||
6 | operating a shelter or
providing counseling services, or a | ||||||
7 | legal services organization
or other organization | ||||||
8 | providing assistance through the legal
process.
| ||||||
9 | (24) "Emotional distress" means significant mental | ||||||
10 | suffering, anxiety, or alarm. | ||||||
11 | (25) "Sexual harassment" means any harassment or | ||||||
12 | discrimination on the basis of an individual's actual or | ||||||
13 | perceived sex or gender, including unwelcome sexual | ||||||
14 | advances, requests for sexual favors, other verbal or | ||||||
15 | physical conduct of a sexual nature, or any other conduct | ||||||
16 | of a sexual nature directed at a specific person that would | ||||||
17 | cause the victim or survivor emotional distress. | ||||||
18 | (Source: P.A. 99-765, eff. 1-1-17 .)
| ||||||
19 | (820 ILCS 180/15)
| ||||||
20 | Sec. 15. Purposes. The purposes of this Act are:
| ||||||
21 | (1) to promote the State's interest in reducing | ||||||
22 | domestic
violence, dating violence, sexual assault, sexual | ||||||
23 | harassment, and stalking by
enabling victims of domestic | ||||||
24 | violence, sexual violence, or sexual harassment or sexual | ||||||
25 | violence to maintain the
financial independence necessary |
| |||||||
| |||||||
1 | to leave abusive situations,
achieve safety, and minimize | ||||||
2 | the physical and emotional injuries
from domestic | ||||||
3 | violence, sexual violence, or sexual harassment or sexual | ||||||
4 | violence , and to reduce the devastating
economic | ||||||
5 | consequences of domestic violence, sexual violence, or | ||||||
6 | sexual harassment or sexual violence to employers
and | ||||||
7 | employees;
| ||||||
8 | (2) to address the failure of existing laws to protect | ||||||
9 | the
employment rights of employees who are victims of | ||||||
10 | domestic violence, sexual violence, or sexual harassment | ||||||
11 | or sexual violence and employees with a family or household | ||||||
12 | member
who is a victim of domestic violence, sexual | ||||||
13 | violence, or sexual harassment or sexual violence , by | ||||||
14 | protecting the
civil and economic rights of those | ||||||
15 | employees, and by furthering
the equal opportunity of women | ||||||
16 | for economic self-sufficiency and
employment free from | ||||||
17 | discrimination;
| ||||||
18 | (3) to accomplish the purposes described in paragraphs | ||||||
19 | (1) and (2) by (A)
entitling
employed victims of domestic | ||||||
20 | violence, sexual violence, or sexual harassment or sexual | ||||||
21 | violence and employees with a family or household member | ||||||
22 | who is a victim of domestic violence, sexual violence, or | ||||||
23 | sexual harassment or sexual violence to take unpaid leave | ||||||
24 | to seek
medical
help, legal assistance, counseling, safety | ||||||
25 | planning, and other assistance
without penalty from their | ||||||
26 | employers for the employee or the family or household |
| |||||||
| |||||||
1 | member who is a victim; and (B) prohibiting employers from | ||||||
2 | discriminating against any employee who is a victim of | ||||||
3 | domestic violence, sexual violence, or sexual harassment | ||||||
4 | or sexual violence or any employee who has a family or | ||||||
5 | household member who is a victim of domestic violence, | ||||||
6 | sexual violence, or sexual harassment or sexual violence , | ||||||
7 | in a manner that accommodates the legitimate interests of | ||||||
8 | employers and protects the safety of all persons in the | ||||||
9 | workplace.
| ||||||
10 | (Source: P.A. 96-635, eff. 8-24-09.)
| ||||||
11 | (820 ILCS 180/20)
| ||||||
12 | Sec. 20. Entitlement to leave due to domestic violence, | ||||||
13 | sexual violence, or sexual harassment or sexual violence .
| ||||||
14 | (a) Leave requirement.
| ||||||
15 | (1) Basis. An employee who is a victim of domestic | ||||||
16 | violence, sexual violence, or sexual harassment or sexual | ||||||
17 | violence or an employee who has a family or household | ||||||
18 | member who is a victim of
domestic violence, sexual | ||||||
19 | violence, or sexual harassment or sexual violence whose | ||||||
20 | interests are not adverse to
the employee as it relates to | ||||||
21 | the domestic violence, sexual violence, or sexual | ||||||
22 | harassment or sexual violence may take unpaid
leave
from | ||||||
23 | work if the employee or employee's family or household | ||||||
24 | member is experiencing an incident of domestic violence, | ||||||
25 | sexual violence, or sexual harassment or sexual violence or |
| |||||||
| |||||||
1 | to address domestic violence, sexual violence, or sexual | ||||||
2 | harassment or sexual violence by:
| ||||||
3 | (A) seeking medical attention for, or recovering | ||||||
4 | from,
physical or psychological injuries caused by | ||||||
5 | domestic violence, sexual violence, or sexual | ||||||
6 | harassment or sexual violence to the employee or the | ||||||
7 | employee's family or
household member;
| ||||||
8 | (B) obtaining services from a victim services | ||||||
9 | organization
for the employee or the employee's family | ||||||
10 | or household
member;
| ||||||
11 | (C) obtaining psychological or other counseling | ||||||
12 | for the
employee or the employee's family or household | ||||||
13 | member;
| ||||||
14 | (D) participating in safety planning, temporarily | ||||||
15 | or
permanently relocating, or taking other actions to | ||||||
16 | increase
the safety of the employee or the employee's | ||||||
17 | family or
household member from future domestic | ||||||
18 | violence, sexual violence, or sexual harassment or | ||||||
19 | sexual violence or
ensure economic security; or
| ||||||
20 | (E) seeking legal assistance or remedies to ensure | ||||||
21 | the
health and safety of the employee or the employee's | ||||||
22 | family
or household member, including preparing for or
| ||||||
23 | participating in any civil or criminal legal | ||||||
24 | proceeding
related to or derived from domestic | ||||||
25 | violence, sexual violence, or sexual harassment or | ||||||
26 | sexual violence .
|
| |||||||
| |||||||
1 | (2) Period. Subject to subsection (c), an employee | ||||||
2 | working for an employer that employs
at least 50 employees | ||||||
3 | shall be
entitled to a total of 12 workweeks of leave | ||||||
4 | during any 12-month
period. Subject to subsection (c), an | ||||||
5 | employee working for an employer that employs
at least 15 | ||||||
6 | but not more than 49 employees shall be entitled to a total | ||||||
7 | of 8 workweeks of leave during any 12-month period. Subject | ||||||
8 | to subsection (c), an employee working for an employer that | ||||||
9 | employs at least one but not more than 14 employees shall | ||||||
10 | be entitled to a total of 4 workweeks of leave during any | ||||||
11 | 12-month period. The total number of workweeks to which an | ||||||
12 | employee is entitled shall not decrease during the relevant | ||||||
13 | 12-month period. This Act does not create a right for an | ||||||
14 | employee to take
unpaid leave that exceeds the unpaid leave | ||||||
15 | time allowed under, or
is in addition to the unpaid leave | ||||||
16 | time permitted by, the federal
Family and Medical Leave Act | ||||||
17 | of 1993 (29 U.S.C. 2601 et seq.).
| ||||||
18 | (3) Schedule. Leave described in paragraph (1) may be | ||||||
19 | taken consecutively,
intermittently , or on a reduced work | ||||||
20 | schedule.
| ||||||
21 | (b) Notice. The employee shall provide the employer with at | ||||||
22 | least 48 hours'
advance
notice of the employee's intention to | ||||||
23 | take the leave, unless providing
such notice is not | ||||||
24 | practicable. When an unscheduled absence occurs,
the employer | ||||||
25 | may not take any action against the employee if the
employee, | ||||||
26 | upon request of the employer and within a reasonable period |
| |||||||
| |||||||
1 | after the absence, provides
certification under subsection | ||||||
2 | (c).
| ||||||
3 | (c) Certification.
| ||||||
4 | (1) In general. The employer may require the employee | ||||||
5 | to provide
certification to the employer
that:
| ||||||
6 | (A) the employee or the employee's family or | ||||||
7 | household
member is a victim of domestic violence, | ||||||
8 | sexual violence, or sexual harassment or sexual | ||||||
9 | violence ; and
| ||||||
10 | (B) the leave is for one of the purposes enumerated | ||||||
11 | in
paragraph (a)(1).
| ||||||
12 | The employee shall provide such certification to the | ||||||
13 | employer within a
reasonable period after the employer | ||||||
14 | requests certification.
| ||||||
15 | (2) Contents. An employee shall may satisfy the | ||||||
16 | certification
requirement of paragraph (1) by providing to | ||||||
17 | the employer
a sworn statement of the employee, and , if the | ||||||
18 | employee has possession of such documents, the employee | ||||||
19 | shall provide one of the following: upon obtaining such | ||||||
20 | documents the
employee shall provide:
| ||||||
21 | (A) documentation from an employee, agent, or | ||||||
22 | volunteer of
a victim services organization, an | ||||||
23 | attorney, a member of
the clergy, or a medical or other | ||||||
24 | professional from whom
the employee or the employee's | ||||||
25 | family or household member
has sought assistance in | ||||||
26 | addressing domestic violence, sexual violence, or |
| |||||||
| |||||||
1 | sexual harassment or sexual violence and the effects of | ||||||
2 | the violence or harassment ;
| ||||||
3 | (B) a police or court record; or
| ||||||
4 | (C) other corroborating evidence.
| ||||||
5 | The employee shall choose which document to submit, and | ||||||
6 | the employer shall not request or require more than one | ||||||
7 | document to be submitted if the reason for leave is related | ||||||
8 | to the same incident of domestic violence, sexual violence, | ||||||
9 | or sexual harassment or the same perpetrator of the | ||||||
10 | domestic violence, sexual violence, or sexual harassment. | ||||||
11 | (d) Confidentiality. All information provided to the | ||||||
12 | employer pursuant
to subsection (b) or (c), including a | ||||||
13 | statement of the employee or any
other documentation, record, | ||||||
14 | or corroborating evidence, and the fact
that the employee has | ||||||
15 | requested or obtained leave pursuant to this
Section, shall be | ||||||
16 | retained in the strictest confidence by the employer,
except to | ||||||
17 | the extent that disclosure is:
| ||||||
18 | (1) requested or consented to in writing by the | ||||||
19 | employee; or
| ||||||
20 | (2) otherwise required by applicable federal or State | ||||||
21 | law.
| ||||||
22 | (e) Employment and benefits.
| ||||||
23 | (1) Restoration to position.
| ||||||
24 | (A) In general. Any
employee who takes leave under | ||||||
25 | this Section for the
intended purpose of the leave | ||||||
26 | shall be entitled, on return
from such leave:
|
| |||||||
| |||||||
1 | (i) to be restored by the employer to the | ||||||
2 | position of
employment held by the employee when | ||||||
3 | the leave
commenced; or
| ||||||
4 | (ii) to be restored to an equivalent position | ||||||
5 | with
equivalent employment benefits, pay, and | ||||||
6 | other terms
and conditions of employment.
| ||||||
7 | (B) Loss of benefits. The taking of leave under | ||||||
8 | this
Section shall not result in the loss of any | ||||||
9 | employment
benefit accrued prior to the date on which | ||||||
10 | the leave
commenced.
| ||||||
11 | (C) Limitations. Nothing in this subsection shall | ||||||
12 | be
construed to entitle any restored employee to:
| ||||||
13 | (i) the accrual of any seniority or employment
| ||||||
14 | benefits during any period of leave; or
| ||||||
15 | (ii) any right, benefit, or position of | ||||||
16 | employment
other than any right, benefit, or | ||||||
17 | position to which
the employee would have been | ||||||
18 | entitled had the
employee not taken the leave.
| ||||||
19 | (D) Construction. Nothing in this paragraph shall | ||||||
20 | be
construed to prohibit an employer from requiring an
| ||||||
21 | employee on leave under this Section to report | ||||||
22 | periodically
to the employer on the status and | ||||||
23 | intention of the employee
to return to work.
| ||||||
24 | (2) Maintenance of health benefits.
| ||||||
25 | (A) Coverage. Except as provided in subparagraph | ||||||
26 | (B),
during any period that an employee takes leave |
| |||||||
| |||||||
1 | under this
Section, the employer shall maintain | ||||||
2 | coverage for the
employee and any family or household | ||||||
3 | member under any group
health plan for the duration of | ||||||
4 | such leave at the level and
under the conditions | ||||||
5 | coverage would have been provided if
the employee had | ||||||
6 | continued in employment continuously for
the duration | ||||||
7 | of such leave.
| ||||||
8 | (B) Failure to return from leave. The employer may | ||||||
9 | recover
the premium that the employer paid for | ||||||
10 | maintaining coverage
for the employee and the | ||||||
11 | employee's family or household
member under such group | ||||||
12 | health plan during any period of
leave under this | ||||||
13 | Section if:
| ||||||
14 | (i) the employee fails to return from leave | ||||||
15 | under
this Section after the period of leave to | ||||||
16 | which the
employee is entitled has expired; and
| ||||||
17 | (ii) the employee fails to return to work for a
| ||||||
18 | reason other than:
| ||||||
19 | (I) the continuation, recurrence, or onset | ||||||
20 | of
domestic violence, sexual violence, or | ||||||
21 | sexual harassment or sexual violence that | ||||||
22 | entitles the
employee to leave pursuant to this | ||||||
23 | Section; or
| ||||||
24 | (II) other circumstances beyond the | ||||||
25 | control of the employee.
| ||||||
26 | (C) Certification.
|
| |||||||
| |||||||
1 | (i) Issuance. An employer may require an | ||||||
2 | employee who
claims that the employee is unable to | ||||||
3 | return to work
because of a reason described in | ||||||
4 | subclause (I) or
(II) of subparagraph (B)(ii) to | ||||||
5 | provide, within a
reasonable period after making | ||||||
6 | the claim,
certification to the employer that the | ||||||
7 | employee is
unable to return to work because of | ||||||
8 | that reason. The employee shall choose which | ||||||
9 | document to submit.
| ||||||
10 | (ii) Contents. An employee may satisfy the
| ||||||
11 | certification requirement of clause (i) by | ||||||
12 | providing
to the employer:
| ||||||
13 | (I) a sworn statement of the employee;
| ||||||
14 | (II) documentation from an employee, | ||||||
15 | agent, or
volunteer of a victim services | ||||||
16 | organization, an
attorney, a member of the | ||||||
17 | clergy, or a medical
or other professional from | ||||||
18 | whom the employee
has sought assistance in | ||||||
19 | addressing domestic violence, sexual violence, | ||||||
20 | or sexual harassment or sexual violence and the | ||||||
21 | effects of that
violence or harassment ;
| ||||||
22 | (III) a police or court record; or
| ||||||
23 | (IV) other corroborating evidence.
| ||||||
24 | (D) Confidentiality. All information provided to | ||||||
25 | the
employer pursuant to subparagraph (C), including a
| ||||||
26 | statement of the employee or any other documentation,
|
| |||||||
| |||||||
1 | record, or corroborating evidence, and the fact that | ||||||
2 | the
employee is not returning to work because of a | ||||||
3 | reason
described in subclause (I) or (II) of | ||||||
4 | subparagraph (B)(ii)
shall be retained in the | ||||||
5 | strictest confidence by the
employer, except to the | ||||||
6 | extent that disclosure is:
| ||||||
7 | (i) requested or consented to in writing by the
| ||||||
8 | employee; or
| ||||||
9 | (ii) otherwise required by applicable federal | ||||||
10 | or
State law.
| ||||||
11 | (f) Prohibited acts.
| ||||||
12 | (1) Interference with rights.
| ||||||
13 | (A) Exercise of rights. It shall be unlawful for | ||||||
14 | any
employer to interfere with, restrain, or deny the | ||||||
15 | exercise
of or the attempt to exercise any right | ||||||
16 | provided under
this Section.
| ||||||
17 | (B) Employer discrimination. It shall be unlawful | ||||||
18 | for any
employer to discharge or harass any individual, | ||||||
19 | or
otherwise discriminate against any individual with | ||||||
20 | respect
to compensation, terms, conditions, or | ||||||
21 | privileges of
employment of the individual (including | ||||||
22 | retaliation in any
form or manner) because the | ||||||
23 | individual:
| ||||||
24 | (i) exercised any right provided under this | ||||||
25 | Section;
or
| ||||||
26 | (ii) opposed any practice made unlawful by |
| |||||||
| |||||||
1 | this
Section.
| ||||||
2 | (C) Public agency sanctions. It shall be unlawful | ||||||
3 | for any
public agency to deny, reduce, or terminate the | ||||||
4 | benefits
of, otherwise sanction, or harass any | ||||||
5 | individual, or
otherwise discriminate against any | ||||||
6 | individual with respect
to the amount, terms, or | ||||||
7 | conditions of public assistance of
the individual | ||||||
8 | (including retaliation in any form or
manner) because | ||||||
9 | the individual:
| ||||||
10 | (i) exercised any right provided under this | ||||||
11 | Section;
or
| ||||||
12 | (ii) opposed any practice made unlawful by | ||||||
13 | this
Section.
| ||||||
14 | (2) Interference with proceedings or inquiries. It | ||||||
15 | shall be
unlawful for any person to discharge or in any | ||||||
16 | other manner
discriminate (as described in subparagraph | ||||||
17 | (B) or (C) of
paragraph (1)) against any individual because | ||||||
18 | such individual:
| ||||||
19 | (A) has filed any charge, or has instituted or | ||||||
20 | caused to be
instituted any proceeding, under or | ||||||
21 | related to this
Section;
| ||||||
22 | (B) has given, or is about to give, any information | ||||||
23 | in
connection with any inquiry or proceeding relating | ||||||
24 | to any
right provided under this Section; or
| ||||||
25 | (C) has testified, or is about to testify, in any | ||||||
26 | inquiry
or proceeding relating to any right provided |
| |||||||
| |||||||
1 | under this Section.
| ||||||
2 | (Source: P.A. 99-765, eff. 1-1-17 .)
| ||||||
3 | (820 ILCS 180/25)
| ||||||
4 | Sec. 25.
Existing leave usable for addressing domestic | ||||||
5 | violence, sexual violence, or sexual harassment or sexual | ||||||
6 | violence . An employee who is entitled to take paid or unpaid | ||||||
7 | leave (including
family, medical, sick, annual, personal, or | ||||||
8 | similar leave) from employment,
pursuant to federal, State, or | ||||||
9 | local law, a collective bargaining agreement, or
an
employment | ||||||
10 | benefits program or plan, may elect to substitute any period of | ||||||
11 | such
leave for an equivalent period of leave provided under | ||||||
12 | Section 20. The employer may not require the employee to | ||||||
13 | substitute available paid or unpaid leave for leave provided | ||||||
14 | under Section 20.
| ||||||
15 | (Source: P.A. 96-635, eff. 8-24-09.)
| ||||||
16 | (820 ILCS 180/30)
| ||||||
17 | Sec. 30. Victims' employment sustainability; prohibited
| ||||||
18 | discriminatory acts. | ||||||
19 | (a) An employer shall not fail to hire, refuse to hire,
| ||||||
20 | discharge, constructively discharge, or harass any individual, | ||||||
21 | otherwise discriminate against any
individual with respect to | ||||||
22 | the compensation, terms, conditions, or
privileges of | ||||||
23 | employment of the individual, or retaliate against an
| ||||||
24 | individual in any form or manner, and a public agency shall not |
| |||||||
| |||||||
1 | deny,
reduce, or terminate the benefits of, otherwise sanction, | ||||||
2 | or harass any
individual, otherwise discriminate against any | ||||||
3 | individual with respect
to the amount, terms, or conditions of | ||||||
4 | public assistance of the
individual, or retaliate against an | ||||||
5 | individual in any form or manner,
because:
| ||||||
6 | (1) the individual involved:
| ||||||
7 | (A) is or is perceived to be a victim of domestic | ||||||
8 | violence, sexual violence, or sexual harassment or | ||||||
9 | sexual violence ;
| ||||||
10 | (B) attended, participated in, prepared for, or | ||||||
11 | requested
leave to attend, participate in, or prepare | ||||||
12 | for a criminal
or civil court proceeding relating to an | ||||||
13 | incident of
domestic violence, sexual violence, or | ||||||
14 | sexual harassment or sexual violence of which the | ||||||
15 | individual or a
family or household member of the | ||||||
16 | individual was a victim, or requested or took leave for | ||||||
17 | any other reason provided under Section 20;
| ||||||
18 | (C) requested an adjustment to a job structure, | ||||||
19 | workplace
facility, or work requirement, including a | ||||||
20 | transfer,
reassignment, or modified schedule, leave, a | ||||||
21 | changed
telephone number or seating assignment, | ||||||
22 | installation of a
lock, or implementation of a safety | ||||||
23 | procedure or any other reasonable accommodation in | ||||||
24 | response
to actual or threatened domestic violence, | ||||||
25 | sexual violence, or sexual harassment or sexual | ||||||
26 | violence ,
regardless of whether the request was |
| |||||||
| |||||||
1 | granted; or | ||||||
2 | (D) is an employee whose employer is subject to | ||||||
3 | Section 21 of the Workplace Violence Prevention Act; or
| ||||||
4 | (2) the workplace is disrupted or threatened by the | ||||||
5 | action of a
person whom the individual states has committed | ||||||
6 | or threatened to
commit domestic violence, sexual | ||||||
7 | violence, or sexual harassment or sexual violence against | ||||||
8 | the individual or the
individual's family or household | ||||||
9 | member.
| ||||||
10 | (b) In this Section:
| ||||||
11 | (1) "Discriminate", used with respect to the terms, | ||||||
12 | conditions,
or privileges of employment or with respect to | ||||||
13 | the terms or
conditions of public assistance, includes not | ||||||
14 | making a reasonable
accommodation to the known limitations | ||||||
15 | resulting from
circumstances relating to being a victim of | ||||||
16 | domestic violence, sexual violence, or sexual harassment | ||||||
17 | or sexual violence or a family or household member being a | ||||||
18 | victim of
domestic violence, sexual violence, or sexual | ||||||
19 | harassment or sexual violence of an otherwise qualified | ||||||
20 | individual:
| ||||||
21 | (A) who is:
| ||||||
22 | (i) an applicant or employee of the employer | ||||||
23 | (including a
public agency); or
| ||||||
24 | (ii) an applicant for or recipient of public | ||||||
25 | assistance
from a public agency; and
| ||||||
26 | (B) who is:
|
| |||||||
| |||||||
1 | (i) or is perceived to be a victim of domestic | ||||||
2 | violence, sexual violence, or sexual harassment a | ||||||
3 | victim of domestic or sexual violence ; or
| ||||||
4 | (ii) with a family or household member who is a | ||||||
5 | victim of
domestic violence, sexual violence, or | ||||||
6 | sexual harassment or sexual violence whose | ||||||
7 | interests are not adverse to
the individual in | ||||||
8 | subparagraph (A) as it relates to the domestic
| ||||||
9 | violence, sexual violence, or sexual harassment or | ||||||
10 | sexual violence ;
| ||||||
11 | unless the employer or public agency can demonstrate that | ||||||
12 | the
accommodation would impose an undue hardship on the | ||||||
13 | operation of
the employer or public agency.
| ||||||
14 | A reasonable accommodation must be made in a timely | ||||||
15 | fashion. Any exigent circumstances or danger facing the | ||||||
16 | employee or his or her family or household member shall be | ||||||
17 | considered in determining whether the accommodation is | ||||||
18 | reasonable. | ||||||
19 | (2) "Qualified individual" means:
| ||||||
20 | (A) in the case of an applicant or employee | ||||||
21 | described in
paragraph (1)(A)(i), an individual who, | ||||||
22 | but for being a
victim of domestic violence, sexual | ||||||
23 | violence, or sexual harassment or sexual violence or | ||||||
24 | with a family or
household member who is a victim of | ||||||
25 | domestic violence, sexual violence, or sexual | ||||||
26 | harassment or sexual violence , can perform the |
| |||||||
| |||||||
1 | essential functions of the
employment position that | ||||||
2 | such individual holds or desires;
or
| ||||||
3 | (B) in the case of an applicant or recipient | ||||||
4 | described in
paragraph (1)(A)(ii), an individual who, | ||||||
5 | but for being a
victim of domestic violence, sexual | ||||||
6 | violence, or sexual harassment or sexual violence or | ||||||
7 | with a family or
household member who is a victim of | ||||||
8 | domestic violence, sexual violence, or sexual | ||||||
9 | harassment or sexual violence , can satisfy the | ||||||
10 | essential requirements of the
program providing the | ||||||
11 | public assistance that the individual
receives or | ||||||
12 | desires.
| ||||||
13 | (3) "Reasonable accommodation" may include , but is not | ||||||
14 | limited to, an adjustment to a job
structure, workplace | ||||||
15 | facility, or work requirement, including a
transfer, | ||||||
16 | reassignment, or modified schedule, leave, a changed
| ||||||
17 | telephone number or seating assignment, installation of a | ||||||
18 | lock,
or implementation of a safety procedure, or | ||||||
19 | assistance in documenting domestic violence, sexual | ||||||
20 | violence, or sexual harassment or sexual violence that | ||||||
21 | occurs at the workplace or in work-related settings, in | ||||||
22 | response to actual or
threatened domestic violence, sexual | ||||||
23 | violence, or sexual harassment or sexual violence .
| ||||||
24 | (4) Undue hardship.
| ||||||
25 | (A) In general. "Undue hardship" means an action | ||||||
26 | requiring
significant difficulty or expense, when |
| |||||||
| |||||||
1 | considered in light
of the factors set forth in | ||||||
2 | subparagraph (B).
| ||||||
3 | (B) Factors to be considered. In determining | ||||||
4 | whether a
reasonable accommodation would impose an | ||||||
5 | undue hardship on
the operation of an employer or | ||||||
6 | public agency, factors to
be considered include:
| ||||||
7 | (i) the nature and cost of the reasonable
| ||||||
8 | accommodation needed under this Section;
| ||||||
9 | (ii) the overall financial resources of the | ||||||
10 | facility
involved in the provision of the | ||||||
11 | reasonable
accommodation, the number of persons | ||||||
12 | employed at such
facility, the effect on expenses | ||||||
13 | and resources, or
the impact otherwise of such | ||||||
14 | accommodation on the
operation of the facility;
| ||||||
15 | (iii) the overall financial resources of the | ||||||
16 | employer
or public agency, the overall size of the | ||||||
17 | business of
an employer or public agency with | ||||||
18 | respect to the
number of employees of the employer | ||||||
19 | or public agency,
and the number, type, and | ||||||
20 | location of the facilities
of an employer or public | ||||||
21 | agency; and
| ||||||
22 | (iv) the type of operation of the employer or | ||||||
23 | public
agency, including the composition, | ||||||
24 | structure, and
functions of the workforce of the | ||||||
25 | employer or public
agency, the geographic | ||||||
26 | separateness of the facility
from the employer or |
| |||||||
| |||||||
1 | public agency, and the
administrative or fiscal | ||||||
2 | relationship of the facility
to the employer or | ||||||
3 | public agency.
| ||||||
4 | (c) An employer subject to Section 21 of the Workplace | ||||||
5 | Violence Prevention Act shall not violate any provisions of the | ||||||
6 | Workplace Violence Prevention Act. | ||||||
7 | (d) All information provided to the employer pursuant to | ||||||
8 | subsection (b) or (c), including a statement of the employee | ||||||
9 | and any other documentation, record, or corroborating | ||||||
10 | evidence, and the fact that the employee has requested or | ||||||
11 | obtained leave pursuant to this Section, shall be retained in | ||||||
12 | the strictest confidence by the employer, except to the extent | ||||||
13 | that disclosure is: | ||||||
14 | (1) requested or consented to in writing by the
| ||||||
15 | employee; or | ||||||
16 | (2) otherwise required by applicable federal or State
| ||||||
17 | law. | ||||||
18 | (Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
| ||||||
19 | (820 ILCS 180/35)
| ||||||
20 | Sec. 35. Enforcement ; remedies .
| ||||||
21 | (a) Department of Labor.
| ||||||
22 | (1) The Director or his or her authorized | ||||||
23 | representative shall
administer and enforce the provisions | ||||||
24 | of this Act. Any employee or a
representative of employees | ||||||
25 | who believes his or her rights under this
Act have been |
| |||||||
| |||||||
1 | violated may, within 3 years after the alleged violation
| ||||||
2 | occurs, file a complaint with the Department requesting a | ||||||
3 | review of the
alleged violation. A copy of the complaint | ||||||
4 | shall be sent to the person
who allegedly committed the | ||||||
5 | violation, who shall be the respondent.
Upon receipt of a | ||||||
6 | complaint, the Director shall cause such
investigation to | ||||||
7 | be made as he or she deems appropriate. The
investigation | ||||||
8 | shall provide an opportunity for a public hearing at the
| ||||||
9 | request of any party to the review to enable the parties to | ||||||
10 | present
information relating to the alleged allegation. | ||||||
11 | The parties shall be
given written notice of the time and | ||||||
12 | place of the hearing at least 7
days before the hearing. | ||||||
13 | Upon receiving the report of the
investigation, the | ||||||
14 | Director shall make findings of fact. If the
Director finds | ||||||
15 | that a violation did occur, he or she shall issue a
| ||||||
16 | decision incorporating his or her findings and requiring | ||||||
17 | the party
committing the violation to take such affirmative | ||||||
18 | action to abate the
violation as the Director deems | ||||||
19 | appropriate, including:
| ||||||
20 | (A) damages equal to the amount of wages,
salary, | ||||||
21 | employment benefits, public assistance, or
other | ||||||
22 | compensation denied or lost to such individual
by | ||||||
23 | reason of the violation, and the interest on that
| ||||||
24 | amount calculated at the prevailing rate;
| ||||||
25 | (B) such equitable relief as may be
appropriate, | ||||||
26 | including but not limited to hiring,
reinstatement, |
| |||||||
| |||||||
1 | promotion, and reasonable
accommodations; and
| ||||||
2 | (C) reasonable attorney's fees, reasonable expert | ||||||
3 | witness fees, and
other costs of the action to be paid | ||||||
4 | by the respondent to a prevailing
employee.
| ||||||
5 | If the Director finds that there was no violation, he | ||||||
6 | or she shall
issue an order denying the complaint. An order | ||||||
7 | issued by the Director
under this Section shall be final | ||||||
8 | and subject to judicial review under
the Administrative | ||||||
9 | Review Law.
| ||||||
10 | (2) The Director shall adopt rules necessary to | ||||||
11 | administer and
enforce this Act in accordance with the | ||||||
12 | Illinois Administrative
Procedure Act. The Director shall | ||||||
13 | have the powers and the parties shall
have the rights | ||||||
14 | provided in the Illinois Administrative Procedure Act
for | ||||||
15 | contested cases, including, but not limited to, provisions | ||||||
16 | for
depositions, subpoena power and procedures, and | ||||||
17 | discovery and
protective order procedures.
| ||||||
18 | (3) Intervention. The Attorney General of Illinois may | ||||||
19 | intervene
on behalf of the Department if the Department | ||||||
20 | certifies that the case
is of general public importance. | ||||||
21 | Upon such intervention the court may
award such relief as | ||||||
22 | is authorized to be granted to
an employee who has filed a | ||||||
23 | complaint or whose representative has filed a
complaint
| ||||||
24 | under this Section.
| ||||||
25 | (b) Refusal to pay damages. Any employer who has been | ||||||
26 | ordered by
the Director of Labor or the court to pay damages |
| |||||||
| |||||||
1 | under this Section
and who fails to do so within 30 days after | ||||||
2 | the order is entered is
liable to pay a penalty of 1% per | ||||||
3 | calendar day to the employee for each
day of delay in paying | ||||||
4 | the damages to the employee. | ||||||
5 | (c) An employee who believes his or her rights under this | ||||||
6 | Act or any rule adopted under this Act have been violated may, | ||||||
7 | within 3 years after the date of the last event constituting | ||||||
8 | the alleged violation for which the action is brought, file a | ||||||
9 | complaint with the Department of Labor or file a civil action. | ||||||
10 | In a claim filed in the circuit court, any employer that | ||||||
11 | violates this Act or any rule adopted under this Act is liable | ||||||
12 | to each affected individual for actual and compensatory | ||||||
13 | damages, punitive damages, and such equitable relief as may be | ||||||
14 | appropriate, in addition to reasonable attorney's fees, | ||||||
15 | reasonable expert witness fees, and other costs of the action | ||||||
16 | paid to the prevailing employee. A civil action may be brought | ||||||
17 | without first filing an administrative complaint.
| ||||||
18 | (Source: P.A. 93-591, eff. 8-25-03.)
| ||||||
19 | (820 ILCS 180/45)
| ||||||
20 | Sec. 45. Effect on other laws and employment benefits.
| ||||||
21 | (a) More protective laws, agreements, programs, and
plans. | ||||||
22 | Nothing in this Act shall be construed to supersede
any | ||||||
23 | provision of any federal, State, or local law, collective
| ||||||
24 | bargaining agreement, or employment benefits program or plan
| ||||||
25 | that provides:
|
| |||||||
| |||||||
1 | (1) greater leave benefits for victims of domestic
| ||||||
2 | violence, sexual violence, or sexual harassment or sexual | ||||||
3 | violence than the rights established under this
Act; or
| ||||||
4 | (2) leave benefits for a larger population of
victims | ||||||
5 | of domestic violence, sexual violence, or sexual | ||||||
6 | harassment or sexual violence (as defined in
such law, | ||||||
7 | agreement, program, or plan) than the victims
of domestic | ||||||
8 | violence, sexual violence, or sexual harassment or sexual | ||||||
9 | violence covered under this Act.
| ||||||
10 | (b) Less protective laws, agreements, programs, and
plans. | ||||||
11 | The rights established for employees who are victims
of | ||||||
12 | domestic violence, sexual violence, or sexual harassment or | ||||||
13 | sexual violence and employees with a family or
household member | ||||||
14 | who is a victim of domestic violence, sexual violence, or | ||||||
15 | sexual harassment or sexual violence under this Act shall not | ||||||
16 | be diminished by any
federal, State or local law, collective | ||||||
17 | bargaining agreement, or
employment benefits program or plan.
| ||||||
18 | (Source: P.A. 93-591, eff. 8-25-03.)
| ||||||
19 | Article 8. | ||||||
20 | Section 8-5. The State Officials and Employees Ethics Act | ||||||
21 | is amended by changing Section 5-65 as follows: | ||||||
22 | (5 ILCS 430/5-65) | ||||||
23 | Sec. 5-65. Prohibition on sexual harassment. |
| |||||||
| |||||||
1 | (a) All persons have a right to work in an environment free | ||||||
2 | from sexual harassment. All persons subject to this Act are | ||||||
3 | prohibited from sexually harassing any person, regardless of | ||||||
4 | any employment relationship or lack thereof. | ||||||
5 | (b) For purposes of this Act, "sexual harassment" means any | ||||||
6 | harassment or discrimination on the basis of an individual's | ||||||
7 | actual or perceived sex or gender, including unwelcome sexual | ||||||
8 | advances , or requests for sexual favors , other verbal or | ||||||
9 | physical conduct of a sexual nature, or any other conduct or | ||||||
10 | any conduct of a sexual nature when: (i) submission to such | ||||||
11 | conduct is made either explicitly or implicitly a term or | ||||||
12 | condition of an individual's employment; (ii) submission to or | ||||||
13 | rejection of such conduct by an individual is used as the basis | ||||||
14 | for employment decisions affecting such individual; or (iii) | ||||||
15 | such conduct has the purpose or effect of substantially | ||||||
16 | interfering with an individual's work performance or creating | ||||||
17 | an intimidating, hostile, or offensive working environment. | ||||||
18 | For purposes of this definition, the phrase "working | ||||||
19 | environment" is not limited to a physical location an employee | ||||||
20 | is assigned to perform his or her duties and does not require | ||||||
21 | an employment relationship.
| ||||||
22 | (Source: P.A. 100-554, eff. 11-16-17.) | ||||||
23 | Section 8-10. The Lobbyist Registration Act is amended by | ||||||
24 | changing Section 4.7 as follows: |
| |||||||
| |||||||
1 | (25 ILCS 170/4.7) | ||||||
2 | Sec. 4.7. Prohibition on sexual harassment. | ||||||
3 | (a) All persons have the right to work in an environment | ||||||
4 | free from sexual harassment. All persons subject to this Act | ||||||
5 | shall refrain from sexual harassment of any person. | ||||||
6 | (b) Beginning January 1, 2018, each natural person required | ||||||
7 | to register as a lobbyist under this Act must complete, at | ||||||
8 | least annually, a sexual harassment training program provided | ||||||
9 | by the Secretary of State. A natural person registered under | ||||||
10 | this Act must complete the training program no later than 30 | ||||||
11 | days after registration or renewal under this Act. This | ||||||
12 | requirement does not apply to a lobbying entity or a client | ||||||
13 | that hires a lobbyist that (i) does not have employees of the | ||||||
14 | lobbying entity or client registered as lobbyists, or (ii) does | ||||||
15 | not have an actual presence in Illinois. | ||||||
16 | (c) No later than January 1, 2018, each natural person and | ||||||
17 | any entity required to register under this Act shall have a | ||||||
18 | written sexual harassment policy that shall include, at a | ||||||
19 | minimum: (i) a prohibition on sexual harassment; (ii) details | ||||||
20 | on how an individual can report an allegation of sexual | ||||||
21 | harassment, including options for making a confidential report | ||||||
22 | to a supervisor, ethics officer, Inspector General, or the | ||||||
23 | Department of Human Rights; (iii) a prohibition on retaliation | ||||||
24 | for reporting sexual harassment allegations, including | ||||||
25 | availability of whistleblower protections under the State | ||||||
26 | Officials and Employee Ethics Act, the Whistleblower Act, and |
| |||||||
| |||||||
1 | the Illinois Human Rights Act; and (iv) the consequences of a | ||||||
2 | violation of the prohibition on sexual harassment and the | ||||||
3 | consequences for knowingly making a false report. | ||||||
4 | (d) For purposes of this Act, "sexual harassment" means any | ||||||
5 | harassment or discrimination on the basis of an individual's | ||||||
6 | actual or perceived sex or gender, including unwelcome sexual | ||||||
7 | advances , or requests for sexual favors , other verbal or | ||||||
8 | physical conduct of a sexual nature, or any other conduct or | ||||||
9 | any conduct of a sexual nature when: (i) submission to such | ||||||
10 | conduct is made either explicitly or implicitly a term or | ||||||
11 | condition of an individual's employment; (ii) submission to or | ||||||
12 | rejection of such conduct by an individual is used as the basis | ||||||
13 | for employment decisions affecting such individual; or (iii) | ||||||
14 | such conduct has the purpose or effect of substantially | ||||||
15 | interfering with an individual's work performance or creating | ||||||
16 | an intimidating, hostile, or offensive working environment. | ||||||
17 | For the purposes of this definition, the phrase "working | ||||||
18 | environment" is not limited to a physical location an employee | ||||||
19 | is assigned to perform his or her duties and does not require | ||||||
20 | an employment relationship. | ||||||
21 | (e) The Secretary of State shall adopt rules for the | ||||||
22 | implementation of this Section. In order to provide for the | ||||||
23 | expeditious and timely implementation of this Section, the | ||||||
24 | Secretary of State shall adopt emergency rules under subsection | ||||||
25 | (z) of Section 5-45 of the Illinois Administrative Procedure | ||||||
26 | Act for the implementation of this Section no later than 60 |
| |||||||
| |||||||
1 | days after the effective date of this amendatory Act of the | ||||||
2 | 100th General Assembly.
| ||||||
3 | (Source: P.A. 100-554, eff. 11-16-17.) | ||||||
4 | Section 8-15. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 5A-101 as follows: | ||||||
6 | (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
| ||||||
7 | Sec. 5A-101. Definitions. The following definitions are | ||||||
8 | applicable
strictly in the content of this Article, except that | ||||||
9 | the term "sexual
harassment
in elementary, secondary, and
| ||||||
10 | higher education" as defined herein has the meaning herein | ||||||
11 | ascribed to
it whenever that term is used anywhere in this Act.
| ||||||
12 | (A) Institution of Elementary, Secondary, or Higher | ||||||
13 | Education. "Institution of elementary, secondary, or higher | ||||||
14 | education"
means: (1) a
publicly or privately operated | ||||||
15 | university, college,
community
college, junior college, | ||||||
16 | business or vocational school, or other educational
| ||||||
17 | institution offering degrees and instruction beyond the
| ||||||
18 | secondary
school level; or
(2) a publicly or privately operated | ||||||
19 | elementary school or secondary school.
| ||||||
20 | (B) Degree. "Degree" means: (1) a
designation, | ||||||
21 | appellation,
series of letters
or words or other symbols which | ||||||
22 | signifies or purports to signify that the
recipient thereof has | ||||||
23 | satisfactorily completed an organized academic, business
or | ||||||
24 | vocational program of study offered beyond the
secondary
school |
| |||||||
| |||||||
1 | level; or (2) a designation signifying that the recipient has
| ||||||
2 | graduated from an elementary school or secondary school.
| ||||||
3 | (C) Student. "Student" means any individual admitted to or | ||||||
4 | applying for
admission to an institution of elementary, | ||||||
5 | secondary, or higher education, or
enrolled on a full or
part | ||||||
6 | time basis in a course or program of academic, business or | ||||||
7 | vocational
instruction offered by or through an institution of | ||||||
8 | elementary, secondary, or higher education.
| ||||||
9 | (D) Elementary, Secondary, or Higher Education | ||||||
10 | Representative. "Elementary, secondary, or higher education
| ||||||
11 | representative"
means and includes the president, chancellor | ||||||
12 | or other holder of any executive
office on the administrative | ||||||
13 | staff of an institution of higher education,
an administrator | ||||||
14 | of an elementary school or secondary school, a
member of the | ||||||
15 | faculty of an institution of higher education,
including
but | ||||||
16 | not limited to a dean or associate or assistant dean, a | ||||||
17 | professor or
associate or assistant professor, and a full or | ||||||
18 | part time instructor or
visiting professor, including a | ||||||
19 | graduate assistant or other student who
is employed on a | ||||||
20 | temporary basis of less than full time as a teacher or
| ||||||
21 | instructor of any course or program of academic, business or | ||||||
22 | vocational
instruction offered by or through an institution of | ||||||
23 | higher education, and any
teacher, instructor, or other | ||||||
24 | employee of an elementary school or secondary school.
| ||||||
25 | (E) Sexual Harassment in Elementary, Secondary, and Higher | ||||||
26 | Education. "Sexual harassment in
elementary, secondary, and
|
| |||||||
| |||||||
1 | higher
education" means any harassment or discrimination on the | ||||||
2 | basis of an individual's actual or perceived sex or gender, | ||||||
3 | including unwelcome sexual advances or requests for sexual | ||||||
4 | favors
made by an elementary, secondary, or
higher
education | ||||||
5 | representative to a student, verbal or physical conduct of a | ||||||
6 | sexual nature, or any other conduct or any
conduct of
a sexual | ||||||
7 | nature exhibited by
an elementary, secondary, or
higher | ||||||
8 | education representative
toward a
student, when such conduct | ||||||
9 | has the purpose of substantially interfering
with the student's | ||||||
10 | educational performance or creating an intimidating,
hostile | ||||||
11 | or offensive educational environment; or when the elementary, | ||||||
12 | secondary, or higher education
representative either | ||||||
13 | explicitly or implicitly makes the student's submission
to such | ||||||
14 | conduct a term or condition of, or uses the student's | ||||||
15 | submission
to or rejection of such conduct as a basis for | ||||||
16 | determining:
| ||||||
17 | (1) Whether the student will be admitted to an | ||||||
18 | institution
of elementary, secondary, or higher education;
| ||||||
19 | (2) The educational performance required or expected | ||||||
20 | of the student;
| ||||||
21 | (3) The attendance or assignment requirements | ||||||
22 | applicable to the student;
| ||||||
23 | (4) To what courses, fields of study or programs, | ||||||
24 | including honors and
graduate programs, the student will be | ||||||
25 | admitted;
| ||||||
26 | (5) What placement or course proficiency requirements |
| |||||||
| |||||||
1 | are applicable to the
student;
| ||||||
2 | (6) The quality of instruction the student will | ||||||
3 | receive;
| ||||||
4 | (7) What tuition or fee requirements are applicable to | ||||||
5 | the student;
| ||||||
6 | (8) What scholarship opportunities are available to | ||||||
7 | the student;
| ||||||
8 | (9) What extracurricular teams the student will be a | ||||||
9 | member of or in what
extracurricular competitions the | ||||||
10 | student will participate;
| ||||||
11 | (10) Any grade the student will receive in any | ||||||
12 | examination or in any course
or program of instruction in | ||||||
13 | which the student is enrolled;
| ||||||
14 | (11) The progress of the student toward successful | ||||||
15 | completion of or graduation
from any course or program of | ||||||
16 | instruction in which the student is enrolled; or
| ||||||
17 | (12) What degree, if any, the student will receive.
| ||||||
18 | (Source: P.A. 96-1319, eff. 7-27-10.)
| ||||||
19 | Article 9. | ||||||
20 | Section 9-1. Short title. This Article may be cited as the | ||||||
21 | Stopping Predators from Evading Allegations of Abuse of Kids | ||||||
22 | Act. References in this Article to "this Act" mean this | ||||||
23 | Article. |
| |||||||
| |||||||
1 | Section 9-5. Definitions. As used in this Act: | ||||||
2 | "Minor" means any person under the age of eighteen years. | ||||||
3 | "Youth recreational athletic entity" means a team, program | ||||||
4 | or event, including practice and competition, not associated | ||||||
5 | with a school, during which youth athletes participate or | ||||||
6 | practice to participate in an organized athletic game or | ||||||
7 | competition against another team, club, entity, or individual. | ||||||
8 | "Youth recreational athletic entity" includes, but is not | ||||||
9 | limited to, athletic activity sponsored by a recreation center, | ||||||
10 | community center, or private sports club. | ||||||
11 | Section 9-10. Prohibition on sexual abuse of children in | ||||||
12 | youth sports. No person who owns, is employed by, or volunteers | ||||||
13 | with a youth recreational athletic entity shall, in that | ||||||
14 | capacity, employ, use, persuade, induce, entice, or coerce a | ||||||
15 | minor to engage in, or assist another person to engage in, | ||||||
16 | sexually explicit conduct or the rape, molestation, | ||||||
17 | prostitution, or other form of sexual exploitation of a minor, | ||||||
18 | including actual or simulated: | ||||||
19 | (1) sexual intercourse, including sexual contact in | ||||||
20 | the manner of genital-genital, oral-genital, anal-genital, | ||||||
21 | or oral-anal contact. Sexual contact means the intentional | ||||||
22 | touching, either directly or through clothing, of the | ||||||
23 | genitalia, anus, groin, breast, inner thigh, or buttocks of | ||||||
24 | any person with an intent to abuse, humiliate, harass, | ||||||
25 | degrade, or arouse or gratify the sexual desire of any |
| |||||||
| |||||||
1 | person; | ||||||
2 | (2) bestiality; | ||||||
3 | (3) masturbation; | ||||||
4 | (4) lascivious exhibition of the genitals or pubic | ||||||
5 | area; | ||||||
6 | (5) sadistic or masochistic abuse; or | ||||||
7 | (6) any other sexual conduct or sexual penetration, as | ||||||
8 | those terms are defined in Section 11-0.1 of the Criminal | ||||||
9 | Code of 2012. | ||||||
10 | Section 9-15. Required reporting of child and sexual abuse | ||||||
11 | in youth sports. | ||||||
12 | (a) Any person who owns, is employed by, or volunteers with | ||||||
13 | a youth recreational athletic entity and learns of facts that | ||||||
14 | give reason to suspect that a minor has suffered an incident of | ||||||
15 | abuse as described in Section 9-10, or learns of facts that a | ||||||
16 | person who owns, is employed by, or volunteers with a youth | ||||||
17 | recreational athletic entity has abused a minor as described in | ||||||
18 | Section 9-10 at an earlier date (even if the victim is no | ||||||
19 | longer a minor), shall make a confidential report of the | ||||||
20 | suspected abuse to the Illinois Department of Children and | ||||||
21 | Family Services and all governing organizations or leagues that | ||||||
22 | regulate or oversee the youth recreational athletic entity as | ||||||
23 | soon as practicable, but in no event later than 7 days after | ||||||
24 | learning of the incident. | ||||||
25 | (b) Nothing in this Act shall be construed to require a |
| |||||||
| |||||||
1 | victim of abuse to self-report the abuse. | ||||||
2 | Section 9-20. Posting of rights by youth recreational | ||||||
3 | athletic entity. Each youth recreational athletic entity shall | ||||||
4 | post in a clear and conspicuous place in its athletic | ||||||
5 | facilities and on its website a notice stating a minor's rights | ||||||
6 | under this Act as well as the toll-free number to the 24-hour | ||||||
7 | child abuse hotline of the Illinois Department of Children and | ||||||
8 | Family Services. | ||||||
9 | Section 9-25. Enforcement. | ||||||
10 | (a) Any person who, as a result of a violation of Section | ||||||
11 | 9-10, suffers personal injury, regardless of whether the injury | ||||||
12 | occurred when the person was a minor, has a right of action in | ||||||
13 | a State circuit court. A prevailing plaintiff may recover for | ||||||
14 | each violation actual and compensatory damages, including, but | ||||||
15 | not limited to, damages for emotional distress; punitive | ||||||
16 | damages; reasonable attorney's fees and costs, including | ||||||
17 | expert witness fees and other litigation expenses; and such | ||||||
18 | equitable relief as may be appropriate. | ||||||
19 | (b) Any person who violates Section 9-15 is subject to a | ||||||
20 | civil penalty as follows: for a first offense, a penalty not to | ||||||
21 | exceed $500; for a second offense, a penalty not to exceed | ||||||
22 | $2,500; for a third or subsequent offense, a penalty not to | ||||||
23 | exceed $5,000. In determining the amount of the penalty, the | ||||||
24 | appropriateness of the penalty and the gravity of the violation |
| |||||||
| |||||||
1 | shall be considered. The penalty may be recovered in a civil | ||||||
2 | action brought by the Director of the Department of Children | ||||||
3 | and Family Services in any circuit court. | ||||||
4 | Article 99. | ||||||
5 | Section 99-99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
|