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Full Text of HB0647  100th General Assembly

HB0647ham001 100TH GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 3/21/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 647

2    AMENDMENT NO. ______. Amend House Bill 647 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-102 as follows:
 
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil Rights Violations - Employment. It is a
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken

 

 

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1by an employee in communications that are unrelated to the
2employee's duties.
3    For the purposes of this subdivision (A-5), "language"
4means a person's native tongue, such as Polish, Spanish, or
5Chinese. "Language" does not include such things as slang,
6jargon, profanity, or vulgarity.
7    (B) Employment Agency. For any employment agency to fail or
8refuse to classify properly, accept applications and register
9for employment referral or apprenticeship referral, refer for
10employment, or refer for apprenticeship on the basis of
11unlawful discrimination or citizenship status or to accept from
12any person any job order, requisition or request for referral
13of applicants for employment or apprenticeship which makes or
14has the effect of making unlawful discrimination or
15discrimination on the basis of citizenship status a condition
16of referral.
17    (C) Labor Organization. For any labor organization to
18limit, segregate or classify its membership, or to limit
19employment opportunities, selection and training for
20apprenticeship in any trade or craft, or otherwise to take, or
21fail to take, any action which affects adversely any person's
22status as an employee or as an applicant for employment or as
23an apprentice, or as an applicant for apprenticeships, or
24wages, tenure, hours of employment or apprenticeship
25conditions on the basis of unlawful discrimination or
26citizenship status.

 

 

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1    (D) Sexual Harassment. For any employer, employee, agent of
2any employer, employment agency or labor organization to engage
3in sexual harassment; provided, that an employer shall be
4responsible for sexual harassment of the employer's employees
5by nonemployees or nonmanagerial and nonsupervisory employees
6only if the employer becomes aware of the conduct and fails to
7take reasonable corrective measures.
8    (E) Public Employers. For any public employer to refuse to
9permit a public employee under its jurisdiction who takes time
10off from work in order to practice his or her religious beliefs
11to engage in work, during hours other than such employee's
12regular working hours, consistent with the operational needs of
13the employer and in order to compensate for work time lost for
14such religious reasons. Any employee who elects such deferred
15work shall be compensated at the wage rate which he or she
16would have earned during the originally scheduled work period.
17The employer may require that an employee who plans to take
18time off from work in order to practice his or her religious
19beliefs provide the employer with a notice of his or her
20intention to be absent from work not exceeding 5 days prior to
21the date of absence.
22    (F) Training and Apprenticeship Programs. For any
23employer, employment agency or labor organization to
24discriminate against a person on the basis of age in the
25selection, referral for or conduct of apprenticeship or
26training programs.

 

 

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1    (G) Immigration-Related Practices.
2        (1) for an employer to request for purposes of
3    satisfying the requirements of Section 1324a(b) of Title 8
4    of the United States Code, as now or hereafter amended,
5    more or different documents than are required under such
6    Section or to refuse to honor documents tendered that on
7    their face reasonably appear to be genuine; or
8        (2) for an employer participating in the E-Verify
9    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
10    Programs for Employment Eligibility Confirmation (enacted
11    by PL 104-208, div. C title IV, subtitle A) to refuse to
12    hire, to segregate, or to act with respect to recruitment,
13    hiring, promotion, renewal of employment, selection for
14    training or apprenticeship, discharge, discipline, tenure
15    or terms, privileges or conditions of employment without
16    following the procedures under the E-Verify Program.
17    (H) (Blank).
18    (I) Pregnancy. For an employer to refuse to hire, to
19segregate, or to act with respect to recruitment, hiring,
20promotion, renewal of employment, selection for training or
21apprenticeship, discharge, discipline, tenure or terms,
22privileges or conditions of employment on the basis of
23pregnancy, childbirth, or medical or common conditions related
24to pregnancy or childbirth. Women affected by pregnancy,
25childbirth, or medical or common conditions related to
26pregnancy or childbirth shall be treated the same for all

 

 

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1employment-related purposes, including receipt of benefits
2under fringe benefit programs, as other persons not so affected
3but similar in their ability or inability to work, regardless
4of the source of the inability to work or employment
5classification or status.
6    (J) Pregnancy; reasonable accommodations.
7        (1) If after a job applicant or employee, including a
8    part-time, full-time, or probationary employee, requests a
9    reasonable accommodation, for an employer to not make
10    reasonable accommodations for any medical or common
11    condition of a job applicant or employee related to
12    pregnancy or childbirth, unless the employer can
13    demonstrate that the accommodation would impose an undue
14    hardship on the ordinary operation of the business of the
15    employer. The employer may request documentation from the
16    employee's health care provider concerning the need for the
17    requested reasonable accommodation or accommodations to
18    the same extent documentation is requested for conditions
19    related to disability if the employer's request for
20    documentation is job-related and consistent with business
21    necessity. The employer may require only the medical
22    justification for the requested accommodation or
23    accommodations, a description of the reasonable
24    accommodation or accommodations medically advisable, the
25    date the reasonable accommodation or accommodations became
26    medically advisable, and the probable duration of the

 

 

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1    reasonable accommodation or accommodations. It is the duty
2    of the individual seeking a reasonable accommodation or
3    accommodations to submit to the employer any documentation
4    that is requested in accordance with this paragraph.
5    Notwithstanding the provisions of this paragraph, the
6    employer may require documentation by the employee's
7    health care provider to determine compliance with other
8    laws. The employee and employer shall engage in a timely,
9    good faith, and meaningful exchange to determine effective
10    reasonable accommodations.
11        (2) For an employer to deny employment opportunities or
12    benefits to or take adverse action against an otherwise
13    qualified job applicant or employee, including a
14    part-time, full-time, or probationary employee, if the
15    denial or adverse action is based on the need of the
16    employer to make reasonable accommodations to the known
17    medical or common conditions related to the pregnancy or
18    childbirth of the applicant or employee.
19        (3) For an employer to require a job applicant or
20    employee, including a part-time, full-time, or
21    probationary employee, affected by pregnancy, childbirth,
22    or medical or common conditions related to pregnancy or
23    childbirth to accept an accommodation when the applicant or
24    employee did not request an accommodation and the applicant
25    or employee chooses not to accept the employer's
26    accommodation.

 

 

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1        (4) For an employer to require an employee, including a
2    part-time, full-time, or probationary employee, to take
3    leave under any leave law or policy of the employer if
4    another reasonable accommodation can be provided to the
5    known medical or common conditions related to the pregnancy
6    or childbirth of an employee. No employer shall fail or
7    refuse to reinstate the employee affected by pregnancy,
8    childbirth, or medical or common conditions related to
9    pregnancy or childbirth to her original job or to an
10    equivalent position with equivalent pay and accumulated
11    seniority, retirement, fringe benefits, and other
12    applicable service credits upon her signifying her intent
13    to return or when her need for reasonable accommodation
14    ceases, unless the employer can demonstrate that the
15    accommodation would impose an undue hardship on the
16    ordinary operation of the business of the employer.
17    For the purposes of this subdivision (J), "reasonable
18accommodations" means reasonable modifications or adjustments
19to the job application process or work environment, or to the
20manner or circumstances under which the position desired or
21held is customarily performed, that enable an applicant or
22employee affected by pregnancy, childbirth, or medical or
23common conditions related to pregnancy or childbirth to be
24considered for the position the applicant desires or to perform
25the essential functions of that position, and may include, but
26is not limited to: more frequent or longer bathroom breaks,

 

 

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1breaks for increased water intake, and breaks for periodic
2rest; private non-bathroom space for expressing breast milk and
3breastfeeding; seating; assistance with manual labor; light
4duty; temporary transfer to a less strenuous or hazardous
5position; the provision of an accessible worksite; acquisition
6or modification of equipment; job restructuring; a part-time or
7modified work schedule; appropriate adjustment or
8modifications of examinations, training materials, or
9policies; reassignment to a vacant position; time off to
10recover from conditions related to childbirth; and leave
11necessitated by pregnancy, childbirth, or medical or common
12conditions resulting from pregnancy or childbirth.
13    For the purposes of this subdivision (J), "undue hardship"
14means an action that is prohibitively expensive or disruptive
15when considered in light of the following factors: (i) the
16nature and cost of the accommodation needed; (ii) the overall
17financial resources of the facility or facilities involved in
18the provision of the reasonable accommodation, the number of
19persons employed at the facility, the effect on expenses and
20resources, or the impact otherwise of the accommodation upon
21the operation of the facility; (iii) the overall financial
22resources of the employer, the overall size of the business of
23the employer with respect to the number of its employees, and
24the number, type, and location of its facilities; and (iv) the
25type of operation or operations of the employer, including the
26composition, structure, and functions of the workforce of the

 

 

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1employer, the geographic separateness, administrative, or
2fiscal relationship of the facility or facilities in question
3to the employer. The employer has the burden of proving undue
4hardship. The fact that the employer provides or would be
5required to provide a similar accommodation to similarly
6situated employees creates a rebuttable presumption that the
7accommodation does not impose an undue hardship on the
8employer.
9    No employer is required by this subdivision (J) to create
10additional employment that the employer would not otherwise
11have created, unless the employer does so or would do so for
12other classes of employees who need accommodation. The employer
13is not required to discharge any employee, transfer any
14employee with more seniority, or promote any employee who is
15not qualified to perform the job, unless the employer does so
16or would do so to accommodate other classes of employees who
17need it.
18    (K) Notice.
19        (1) For an employer to fail to post or keep posted in a
20    conspicuous location on the premises of the employer where
21    notices to employees are customarily posted, or fail to
22    include in any employee handbook information concerning an
23    employee's rights under this Article, a notice, to be
24    prepared or approved by the Department, summarizing the
25    requirements of this Article and information pertaining to
26    the filing of a charge, including the right to be free from

 

 

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1    unlawful discrimination and the right to certain
2    reasonable accommodations. The Department shall make the
3    documents required under this paragraph available for
4    retrieval from the Department's website.
5        (2) Upon notification of a violation of paragraph (1)
6    of this subdivision (K), the Department may launch a
7    preliminary investigation. If the Department finds a
8    violation, the Department may issue a notice to show cause
9    giving the employer 30 days to correct the violation. If
10    the violation is not corrected, the Department may initiate
11    a charge of a civil rights violation.
12    (L) Order of protection status. For an employer to refuse
13to make reasonable accommodations in the workplace for an
14employee protected under an order of protection that requires a
15person to stay away from an employee's workplace or otherwise
16relates to or affects or extends to the employee's workplace,
17including:
18        (1) changing the contact information, such as
19    telephone number, fax number, or electronic-mail address
20    of the employee;
21        (2) screening the telephone calls of the employee;
22        (3) restructuring the job functions of the employee;
23        (4) changing the work location of the employee;
24        (5) installing locks and other security devices; and
25        (6) allowing the employee to work flexible hours.
26    The employee and employer shall engage in a timely, good

 

 

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1faith, and meaningful exchange to determine effective
2reasonable accommodations. An employer is not required to make
3the reasonable accommodations if they are not requested by the
4protected employee or if they cause undue hardship on the work
5operations of the employer. As used in this subdivision (L),
6"undue hardship" means accommodations that: (i) conflict with
7the employer's attendance policy or residency requirement; or
8(ii) cause a significant difficulty or expense on the operation
9of an employer, when considered in light of the following
10factors:
11        (A) the nature and cost of the reasonable accommodation
12    needed;
13        (B) the overall financial resources, number of
14    employees, and the number, type, and placement of the work
15    locations of an employer; and
16        (C) the type of operation of the employer, including
17    the composition, structure, and functions of the workforce
18    of the employer, the geographic separateness of the
19    employee's work location from the employer, and the
20    administrative or fiscal relationship of the work location
21    to the employer.
22    Prior to making the reasonable accommodations under this
23subdivision (L), an employer may verify that an employee is
24protected by an order of protection entered under Article 112A
25of the Code of Criminal Procedure of 1963 or the Illinois
26Domestic Violence Act of 1986. An employee for whom reasonable

 

 

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1accommodations are made under this subdivision (L) shall notify
2the employer when the order of protection expires.
3(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13;
498-1050, eff. 1-1-15.)".