Full Text of HB0647 100th General Assembly
HB0647ham003 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 4/25/2017
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| 1 | | AMENDMENT TO HOUSE BILL 647
| 2 | | AMENDMENT NO. ______. Amend House Bill 647 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Victims' Economic Security and Safety Act | 5 | | is amended by changing Section 30 as follows:
| 6 | | (820 ILCS 180/30)
| 7 | | Sec. 30. Victims' employment sustainability; prohibited
| 8 | | discriminatory acts. | 9 | | (a) An employer shall not fail to hire, refuse to hire,
| 10 | | discharge, constructively discharge, or harass any individual, | 11 | | otherwise discriminate against any
individual with respect to | 12 | | the compensation, terms, conditions, or
privileges of | 13 | | employment of the individual, or retaliate against an
| 14 | | individual in any form or manner, and a public agency shall not | 15 | | deny,
reduce, or terminate the benefits of, otherwise sanction, | 16 | | or harass any
individual, otherwise discriminate against any |
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| 1 | | individual with respect
to the amount, terms, or conditions of | 2 | | public assistance of the
individual, or retaliate against an | 3 | | individual in any form or manner,
because:
| 4 | | (1) the individual involved:
| 5 | | (A) is or is perceived to be a victim of domestic | 6 | | or sexual
violence;
| 7 | | (B) attended, participated in, prepared for, or | 8 | | requested
leave to attend, participate in, or prepare | 9 | | for a criminal
or civil court proceeding relating to an | 10 | | incident of
domestic or sexual violence of which the | 11 | | individual or a
family or household member of the | 12 | | individual was a victim, or requested or took leave for | 13 | | any other reason provided under Section 20;
| 14 | | (C) requested an adjustment to a job structure, | 15 | | workplace
facility, or work requirement, including a | 16 | | transfer,
reassignment, or modified schedule, leave, a | 17 | | changed
telephone number , email address, or seating | 18 | | assignment, screening of his or her telephone calls, | 19 | | installation of a
lock, or implementation of a safety | 20 | | procedure in response
to actual or threatened domestic | 21 | | or sexual violence,
regardless of whether the request | 22 | | was granted; or | 23 | | (D) is an employee whose employer is subject to | 24 | | Section 21 of the Workplace Violence Prevention Act; or
| 25 | | (2) the workplace is disrupted or threatened by the | 26 | | action of a
person whom the individual states has committed |
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| 1 | | or threatened to
commit domestic or sexual violence against | 2 | | the individual or the
individual's family or household | 3 | | member.
| 4 | | (b) In this Section:
| 5 | | (1) "Discriminate", used with respect to the terms, | 6 | | conditions,
or privileges of employment or with respect to | 7 | | the terms or
conditions of public assistance, includes not | 8 | | making a reasonable
accommodation to the known limitations | 9 | | resulting from
circumstances relating to being a victim of | 10 | | domestic or sexual
violence or a family or household member | 11 | | being a victim of
domestic or sexual violence of an | 12 | | otherwise qualified individual:
| 13 | | (A) who is:
| 14 | | (i) an applicant or employee of the employer | 15 | | (including a
public agency); or
| 16 | | (ii) an applicant for or recipient of public | 17 | | assistance
from a public agency; and
| 18 | | (B) who is:
| 19 | | (i) a victim of domestic or sexual violence; or
| 20 | | (ii) with a family or household member who is a | 21 | | victim of
domestic or sexual violence whose | 22 | | interests are not adverse to
the individual in | 23 | | subparagraph (A) as it relates to the domestic
or | 24 | | sexual violence;
| 25 | | unless the employer or public agency can demonstrate that | 26 | | the
accommodation would impose an undue hardship on the |
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| 1 | | operation of
the employer or public agency.
| 2 | | A reasonable accommodation must be made in a timely | 3 | | fashion. An employee may provide any information that would | 4 | | be helpful to the employer in determining the | 5 | | accommodations, including information from an order of | 6 | | protection entered under Article 112A of the Code of | 7 | | Criminal Procedure of 1963, the Illinois Domestic Violence | 8 | | Act of 1986, or the Workplace Violence Prevention Act. Any | 9 | | information provided for this purpose is subject to the | 10 | | confidentiality requirement of subsection (d) of Section | 11 | | 20. Any exigent circumstances or danger facing the employee | 12 | | or his or her family or household member shall be | 13 | | considered in determining whether the accommodation is | 14 | | reasonable. | 15 | | (2) "Qualified individual" means:
| 16 | | (A) in the case of an applicant or employee | 17 | | described in
paragraph (1)(A)(i), an individual who, | 18 | | but for being a
victim of domestic or sexual violence | 19 | | or with a family or
household member who is a victim of | 20 | | domestic or sexual
violence, can perform the essential | 21 | | functions of the
employment position that such | 22 | | individual holds or desires;
or
| 23 | | (B) in the case of an applicant or recipient | 24 | | described in
paragraph (1)(A)(ii), an individual who, | 25 | | but for being a
victim of domestic or sexual violence | 26 | | or with a family or
household member who is a victim of |
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| 1 | | domestic or sexual
violence, can satisfy the essential | 2 | | requirements of the
program providing the public | 3 | | assistance that the individual
receives or desires.
| 4 | | (3) "Reasonable accommodation" may include an | 5 | | adjustment to a job
structure, workplace facility, or work | 6 | | requirement, including a
transfer, reassignment, or | 7 | | modified schedule, leave, a changed
telephone number , | 8 | | email address, or seating assignment, screening of his or | 9 | | her telephone calls, installation of a lock,
or | 10 | | implementation of a safety procedure, or assistance in | 11 | | documenting domestic or sexual violence that occurs at the | 12 | | workplace or in work-related settings, in response to | 13 | | actual or
threatened domestic or sexual violence.
| 14 | | (4) Undue hardship.
| 15 | | (A) In general. "Undue hardship" means an action | 16 | | that (i) conflicts with the employer's attendance | 17 | | policy or residency requirement or (ii) requires | 18 | | requiring
significant difficulty or expense, when | 19 | | considered in light
of the factors set forth in | 20 | | subparagraph (B).
| 21 | | (B) Factors to be considered. In determining | 22 | | whether a
reasonable accommodation would impose an | 23 | | undue hardship on
the operation of an employer or | 24 | | public agency, factors to
be considered include:
| 25 | | (i) the nature and cost of the reasonable
| 26 | | accommodation needed under this Section;
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| 1 | | (ii) the overall financial resources of the | 2 | | facility
involved in the provision of the | 3 | | reasonable
accommodation, the number of persons | 4 | | employed at such
facility, the effect on expenses | 5 | | and resources, or
the impact otherwise of such | 6 | | accommodation on the
operation of the facility;
| 7 | | (iii) the overall financial resources of the | 8 | | employer
or public agency, the overall size of the | 9 | | business of
an employer or public agency with | 10 | | respect to the
number of employees of the employer | 11 | | or public agency,
and the number, type, and | 12 | | location of the facilities
of an employer or public | 13 | | agency; and
| 14 | | (iv) the type of operation of the employer or | 15 | | public
agency, including the composition, | 16 | | structure, and
functions of the workforce of the | 17 | | employer or public
agency, the geographic | 18 | | separateness of the facility
from the employer or | 19 | | public agency, and the
administrative or fiscal | 20 | | relationship of the facility
to the employer or | 21 | | public agency.
| 22 | | (c) An employer subject to Section 21 of the Workplace | 23 | | Violence Prevention Act shall not violate any provisions of the | 24 | | Workplace Violence Prevention Act. | 25 | | (Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)".
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