HB1272 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1272

 

Introduced 1/31/2023, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-102  from Ch. 68, par. 2-102
775 ILCS 5/3-102.2 new

    Amends the Employment Article and the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) for any employer, employee, agent of any employer, employment agency, labor organization, or public employer to inquire about a job applicant's gender; and (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, to inquire about a buyer's or renter's gender.


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A BILL FOR

 

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1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-102 and by adding Section 3-102.2 as
6follows:
 
7    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
8    Sec. 2-102. Civil rights violations - employment. It is a
9civil rights violation:
10        (A) Employers. For any employer to refuse to hire, to
11    segregate, to engage in harassment as defined in
12    subsection (E-1) of Section 2-101, or to act with respect
13    to recruitment, hiring, promotion, renewal of employment,
14    selection for training or apprenticeship, discharge,
15    discipline, tenure or terms, privileges or conditions of
16    employment on the basis of unlawful discrimination,
17    citizenship status, or work authorization status. An
18    employer is responsible for harassment by the employer's
19    nonmanagerial and nonsupervisory employees only if the
20    employer becomes aware of the conduct and fails to take
21    reasonable corrective measures.
22        (A-5) Language. For an employer to impose a
23    restriction that has the effect of prohibiting a language

 

 

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1    from being spoken by an employee in communications that
2    are unrelated to the employee's duties.
3        For the purposes of this subdivision (A-5), "language"
4    means a person's native tongue, such as Polish, Spanish,
5    or Chinese. "Language" does not include such things as
6    slang, jargon, profanity, or vulgarity.
7        (A-10) Harassment of nonemployees. For any employer,
8    employment agency, or labor organization to engage in
9    harassment of nonemployees in the workplace. An employer
10    is responsible for harassment of nonemployees by the
11    employer's nonmanagerial and nonsupervisory employees only
12    if the employer becomes aware of the conduct and fails to
13    take reasonable corrective measures. For the purposes of
14    this subdivision (A-10), "nonemployee" means a person who
15    is not otherwise an employee of the employer and is
16    directly performing services for the employer pursuant to
17    a contract with that employer. "Nonemployee" includes
18    contractors and consultants. This subdivision applies to
19    harassment occurring on or after the effective date of
20    this amendatory Act of the 101st General Assembly.
21        (B) Employment agency. For any employment agency to
22    fail or refuse to classify properly, accept applications
23    and register for employment referral or apprenticeship
24    referral, refer for employment, or refer for
25    apprenticeship on the basis of unlawful discrimination,
26    citizenship status, or work authorization status or to

 

 

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1    accept from any person any job order, requisition or
2    request for referral of applicants for employment or
3    apprenticeship which makes or has the effect of making
4    unlawful discrimination or discrimination on the basis of
5    citizenship status or work authorization status a
6    condition of referral.
7        (C) Labor organization. For any labor organization to
8    limit, segregate or classify its membership, or to limit
9    employment opportunities, selection and training for
10    apprenticeship in any trade or craft, or otherwise to
11    take, or fail to take, any action which affects adversely
12    any person's status as an employee or as an applicant for
13    employment or as an apprentice, or as an applicant for
14    apprenticeships, or wages, tenure, hours of employment or
15    apprenticeship conditions on the basis of unlawful
16    discrimination, citizenship status, or work authorization
17    status.
18        (D) Sexual harassment. For any employer, employee,
19    agent of any employer, employment agency or labor
20    organization to engage in sexual harassment; provided,
21    that an employer shall be responsible for sexual
22    harassment of the employer's employees by nonemployees or
23    nonmanagerial and nonsupervisory employees only if the
24    employer becomes aware of the conduct and fails to take
25    reasonable corrective measures.
26        (D-5) Sexual harassment of nonemployees. For any

 

 

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1    employer, employee, agent of any employer, employment
2    agency, or labor organization to engage in sexual
3    harassment of nonemployees in the workplace. An employer
4    is responsible for sexual harassment of nonemployees by
5    the employer's nonmanagerial and nonsupervisory employees
6    only if the employer becomes aware of the conduct and
7    fails to take reasonable corrective measures. For the
8    purposes of this subdivision (D-5), "nonemployee" means a
9    person who is not otherwise an employee of the employer
10    and is directly performing services for the employer
11    pursuant to a contract with that employer. "Nonemployee"
12    includes contractors and consultants. This subdivision
13    applies to sexual harassment occurring on or after the
14    effective date of this amendatory Act of the 101st General
15    Assembly.
16        (E) Public employers. For any public employer to
17    refuse to permit a public employee under its jurisdiction
18    who takes time off from work in order to practice his or
19    her religious beliefs to engage in work, during hours
20    other than such employee's regular working hours,
21    consistent with the operational needs of the employer and
22    in order to compensate for work time lost for such
23    religious reasons. Any employee who elects such deferred
24    work shall be compensated at the wage rate which he or she
25    would have earned during the originally scheduled work
26    period. The employer may require that an employee who

 

 

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1    plans to take time off from work in order to practice his
2    or her religious beliefs provide the employer with a
3    notice of his or her intention to be absent from work not
4    exceeding 5 days prior to the date of absence.
5        (E-5) Religious discrimination. For any employer to
6    impose upon a person as a condition of obtaining or
7    retaining employment, including opportunities for
8    promotion, advancement, or transfer, any terms or
9    conditions that would require such person to violate or
10    forgo a sincerely held practice of his or her religion
11    including, but not limited to, the wearing of any attire,
12    clothing, or facial hair in accordance with the
13    requirements of his or her religion, unless, after
14    engaging in a bona fide effort, the employer demonstrates
15    that it is unable to reasonably accommodate the employee's
16    or prospective employee's sincerely held religious belief,
17    practice, or observance without undue hardship on the
18    conduct of the employer's business.
19        Nothing in this Section prohibits an employer from
20    enacting a dress code or grooming policy that may include
21    restrictions on attire, clothing, or facial hair to
22    maintain workplace safety or food sanitation.
23        (F) Training and apprenticeship programs. For any
24    employer, employment agency or labor organization to
25    discriminate against a person on the basis of age in the
26    selection, referral for or conduct of apprenticeship or

 

 

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1    training programs.
2        (G) Immigration-related practices.
3            (1) for an employer to request for purposes of
4        satisfying the requirements of Section 1324a(b) of
5        Title 8 of the United States Code, as now or hereafter
6        amended, more or different documents than are required
7        under such Section or to refuse to honor documents
8        tendered that on their face reasonably appear to be
9        genuine or to refuse to honor work authorization based
10        upon the specific status or term of status that
11        accompanies the authorization to work; or
12            (2) for an employer participating in the E-Verify
13        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
14        Programs for Employment Eligibility Confirmation
15        (enacted by PL 104-208, div. C title IV, subtitle A) to
16        refuse to hire, to segregate, or to act with respect to
17        recruitment, hiring, promotion, renewal of employment,
18        selection for training or apprenticeship, discharge,
19        discipline, tenure or terms, privileges or conditions
20        of employment without following the procedures under
21        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
26    or apprenticeship, discharge, discipline, tenure or terms,

 

 

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

 

 

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1        consistent with business necessity. The employer may
2        require only the medical justification for the
3        requested accommodation or accommodations, a
4        description of the reasonable accommodation or
5        accommodations medically advisable, the date the
6        reasonable accommodation or accommodations became
7        medically advisable, and the probable duration of the
8        reasonable accommodation or accommodations. It is the
9        duty of the individual seeking a reasonable
10        accommodation or accommodations to submit to the
11        employer any documentation that is requested in
12        accordance with this paragraph. Notwithstanding the
13        provisions of this paragraph, the employer may require
14        documentation by the employee's health care provider
15        to determine compliance with other laws. The employee
16        and employer shall engage in a timely, good faith, and
17        meaningful exchange to determine effective reasonable
18        accommodations.
19            (2) For an employer to deny employment
20        opportunities or benefits to or take adverse action
21        against an otherwise qualified job applicant or
22        employee, including a part-time, full-time, or
23        probationary employee, if the denial or adverse action
24        is based on the need of the employer to make reasonable
25        accommodations to the known medical or common
26        conditions related to the pregnancy or childbirth of

 

 

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1        the applicant or employee.
2            (3) For an employer to require a job applicant or
3        employee, including a part-time, full-time, or
4        probationary employee, affected by pregnancy,
5        childbirth, or medical or common conditions related to
6        pregnancy or childbirth to accept an accommodation
7        when the applicant or employee did not request an
8        accommodation and the applicant or employee chooses
9        not to accept the employer's accommodation.
10            (4) For an employer to require an employee,
11        including a part-time, full-time, or probationary
12        employee, to take leave under any leave law or policy
13        of the employer if another reasonable accommodation
14        can be provided to the known medical or common
15        conditions related to the pregnancy or childbirth of
16        an employee. No employer shall fail or refuse to
17        reinstate the employee affected by pregnancy,
18        childbirth, or medical or common conditions related to
19        pregnancy or childbirth to her original job or to an
20        equivalent position with equivalent pay and
21        accumulated seniority, retirement, fringe benefits,
22        and other applicable service credits upon her
23        signifying her intent to return or when her need for
24        reasonable accommodation ceases, unless the employer
25        can demonstrate that the accommodation would impose an
26        undue hardship on the ordinary operation of the

 

 

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1        business of the employer.
2        For the purposes of this subdivision (J), "reasonable
3    accommodations" means reasonable modifications or
4    adjustments to the job application process or work
5    environment, or to the manner or circumstances under which
6    the position desired or held is customarily performed,
7    that enable an applicant or employee affected by
8    pregnancy, childbirth, or medical or common conditions
9    related to pregnancy or childbirth to be considered for
10    the position the applicant desires or to perform the
11    essential functions of that position, and may include, but
12    is not limited to: more frequent or longer bathroom
13    breaks, breaks for increased water intake, and breaks for
14    periodic rest; private non-bathroom space for expressing
15    breast milk and breastfeeding; seating; assistance with
16    manual labor; light duty; temporary transfer to a less
17    strenuous or hazardous position; the provision of an
18    accessible worksite; acquisition or modification of
19    equipment; job restructuring; a part-time or modified work
20    schedule; appropriate adjustment or modifications of
21    examinations, training materials, or policies;
22    reassignment to a vacant position; time off to recover
23    from conditions related to childbirth; and leave
24    necessitated by pregnancy, childbirth, or medical or
25    common conditions resulting from pregnancy or childbirth.
26        For the purposes of this subdivision (J), "undue

 

 

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1    hardship" means an action that is prohibitively expensive
2    or disruptive when considered in light of the following
3    factors: (i) the nature and cost of the accommodation
4    needed; (ii) the overall financial resources of the
5    facility or facilities involved in the provision of the
6    reasonable accommodation, the number of persons employed
7    at the facility, the effect on expenses and resources, or
8    the impact otherwise of the accommodation upon the
9    operation of the facility; (iii) the overall financial
10    resources of the employer, the overall size of the
11    business of the employer with respect to the number of its
12    employees, and the number, type, and location of its
13    facilities; and (iv) the type of operation or operations
14    of the employer, including the composition, structure, and
15    functions of the workforce of the employer, the geographic
16    separateness, administrative, or fiscal relationship of
17    the facility or facilities in question to the employer.
18    The employer has the burden of proving undue hardship. The
19    fact that the employer provides or would be required to
20    provide a similar accommodation to similarly situated
21    employees creates a rebuttable presumption that the
22    accommodation does not impose an undue hardship on the
23    employer.
24        No employer is required by this subdivision (J) to
25    create additional employment that the employer would not
26    otherwise have created, unless the employer does so or

 

 

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1    would do so for other classes of employees who need
2    accommodation. The employer is not required to discharge
3    any employee, transfer any employee with more seniority,
4    or promote any employee who is not qualified to perform
5    the job, unless the employer does so or would do so to
6    accommodate other classes of employees who need it.
7        (K) Notice.
8            (1) For an employer to fail to post or keep posted
9        in a conspicuous location on the premises of the
10        employer where notices to employees are customarily
11        posted, or fail to include in any employee handbook
12        information concerning an employee's rights under this
13        Article, a notice, to be prepared or approved by the
14        Department, summarizing the requirements of this
15        Article and information pertaining to the filing of a
16        charge, including the right to be free from unlawful
17        discrimination, the right to be free from sexual
18        harassment, and the right to certain reasonable
19        accommodations. The Department shall make the
20        documents required under this paragraph available for
21        retrieval from the Department's website.
22            (2) Upon notification of a violation of paragraph
23        (1) of this subdivision (K), the Department may launch
24        a preliminary investigation. If the Department finds a
25        violation, the Department may issue a notice to show
26        cause giving the employer 30 days to correct the

 

 

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1        violation. If the violation is not corrected, the
2        Department may initiate a charge of a civil rights
3        violation.
4        (L) Gender. For any employer, employee, agent of any
5    employer, employment agency, labor organization, or public
6    employer to inquire about a job applicant's gender.
7(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
 
8    (775 ILCS 5/3-102.2 new)
9    Sec. 3-102.2. Gender. Except as provided in subsection (F)
10of Section 3-106, it is a civil rights violation for an owner
11or any other person engaging in a real estate transaction, or
12for a real estate broker or salesman, to inquire about a
13buyer's or renter's gender.