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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

EMPLOYMENT
(820 ILCS 180/) Victims' Economic Security and Safety Act.

820 ILCS 180/1

    (820 ILCS 180/1)
    Sec. 1. Short title. This Act may be cited as the Victims' Economic Security and Safety Act.
(Source: P.A. 93-591, eff. 8-25-03.)

820 ILCS 180/5

    (820 ILCS 180/5)
    Sec. 5. Findings. The General Assembly finds and declares the following:
        (1) Domestic and sexual violence affects many persons
    
without regard to age, race, educational level, socioeconomic status, religion, or occupation.
        (2) Domestic and sexual violence has a devastating
    
effect on individuals, families, communities and the workplace.
        (3) Domestic violence crimes account for
    
approximately 15% of total crime costs in the United States each year.
        (4) Violence against women has been reported to be
    
the leading cause of physical injury to women. Such violence has a devastating impact on women's physical and emotional health and financial security.
        (5) According to recent government surveys, from 1993
    
through 1998 the average annual number of violent victimizations committed by intimate partners was 1,082,110, 87% of which were committed against women.
        (6) Female murder victims were substantially more
    
likely than male murder victims to have been killed by an intimate partner. About one-third of female murder victims, and about 4% of male murder victims, were killed by an intimate partner.
        (7) According to recent government estimates,
    
approximately 987,400 rapes occur annually in the United States, 89% of the rapes are perpetrated against female victims.
        (8) Approximately 10,200,000 people have been stalked
    
at some time in their lives. Four out of every 5 stalking victims are women. Stalkers harass and terrorize their victims by spying on the victims, standing outside their places of work or homes, making unwanted phone calls, sending or leaving unwanted letters or items, or vandalizing property.
        (9) Employees in the United States who have been
    
victims of domestic violence, dating violence, sexual assault, or stalking too often suffer adverse consequences in the workplace as a result of their victimization.
        (10) Victims of domestic violence, dating violence,
    
sexual assault, and stalking face the threat of job loss and loss of health insurance as a result of the illegal acts of the perpetrators of violence.
        (11) The prevalence of domestic violence, dating
    
violence, sexual assault, stalking, and other violence against women at work is dramatic. Approximately 11% of all rapes occur in the workplace. About 50,500 individuals, 83% of whom are women, were raped or sexually assaulted in the workplace each year from 1992 through 1996. Half of all female victims of violent workplace crimes know their attackers. Nearly one out of 10 violent workplace incidents is committed by partners or spouses.
        (12) Homicide is the leading cause of death for women
    
on the job. Husbands, boyfriends, and ex-partners commit 15% of workplace homicides against women.
        (13) Studies indicate that as much as 74% of employed
    
battered women surveyed were harassed at work by their abusive partners.
        (14) According to a 1998 report of the U.S. General
    
Accounting Office, between one-fourth and one-half of domestic violence victims surveyed in 3 studies reported that the victims lost a job due, at least in part, to domestic violence.
        (15) Women who have experienced domestic violence or
    
dating violence are more likely than other women to be unemployed, to suffer from health problems that can affect employability and job performance, to report lower personal income, and to rely on welfare.
        (16) Abusers frequently seek to control their
    
partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting the access of their partners to cash or transportation, and sabotaging the child care arrangements of their partners.
        (17) More than one-half of women receiving welfare
    
have been victims of domestic violence as adults and between one-fourth and one-third reported being abused in the last year.
        (18) Sexual assault, whether occurring in or out of
    
the workplace, can impair an employee's work performance, require time away from work, and undermine the employee's ability to maintain a job. Almost 50% of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
        (19) More than one-fourth of stalking victims report
    
losing time from work due to the stalking and 7% never return to work.
        (20) (A) According to the National Institute of
    
Justice, crime costs an estimated $450,000,000,000 annually in medical expenses, lost earnings, social service costs, pain, suffering, and reduced quality of life for victims, which harms the Nation's productivity and drains the Nation's resources. (B) Violent crime accounts for $426,000,000,000 per year of this amount. (C) Rape exacts the highest costs per victim of any criminal offense, and accounts for $127,000,000,000 per year of the amount described in subparagraph (A).
        (21) The Bureau of National Affairs has estimated
    
that domestic violence costs United States employers between $3,000,000,000 and $5,000,000,000 annually in lost time and productivity. Other reports have estimated that domestic violence costs United States employers $13,000,000,000 annually.
        (22) United States medical costs for domestic
    
violence have been estimated to be $31,000,000,000 per year.
        (23) Ninety-four percent of corporate security and
    
safety directors at companies nationwide rank domestic violence as a high security concern.
        (24) Forty-nine percent of senior executives
    
recently surveyed said domestic violence has a harmful effect on their company's productivity, 47% said domestic violence negatively affects attendance, and 44% said domestic violence increases health care costs.
        (25) Employees, including individuals participating
    
in welfare to work programs, may need to take time during business hours to:
            (A) obtain orders of protection or civil no
        
contact orders;
            (B) seek medical or legal assistance, counseling,
        
or other services; or
            (C) look for housing in order to escape from
        
domestic or sexual violence.
(Source: P.A. 96-635, eff. 8-24-09.)

820 ILCS 180/10

    (820 ILCS 180/10)
    Sec. 10. Definitions. In this Act, except as otherwise expressly provided:
        (1) "Commerce" includes trade, traffic, commerce,
    
transportation, or communication; and "industry or activity affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes "commerce" and any "industry affecting commerce".
        (2) "Course of conduct" means a course of repeatedly
    
maintaining a visual or physical proximity to a person or conveying oral or written threats, including threats conveyed through electronic communications, or threats implied by conduct.
        (3) "Department" means the Department of Labor.
        (4) "Director" means the Director of Labor.
        (5) "Domestic or sexual violence" means domestic
    
violence, sexual assault, or stalking.
        (6) "Domestic violence" means abuse, as defined in
    
Section 103 of the Illinois Domestic Violence Act of 1986, by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.
        (7) "Electronic communications" includes
    
communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager, or any other electronic communication, as defined in Section 12-7.5 of the Criminal Code of 2012.
        (8) "Employ" includes to suffer or permit to work.
        (9) Employee.
            (A) In general. "Employee" means any person
        
employed by an employer.
            (B) Basis. "Employee" includes a person employed
        
as described in subparagraph (A) on a full or part-time basis, or as a participant in a work assignment as a condition of receipt of federal or State income-based public assistance.
        (10) "Employer" means any of the following: (A) the
    
State or any agency of the State; (B) any unit of local government or school district; or (C) any person that employs at least 15 employees.
        (11) "Employment benefits" means all benefits
    
provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, pensions, and profit-sharing, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan". "Employee benefit plan" or "plan" means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.
        (12) "Family or household member", for employees with
    
a family or household member who is a victim of domestic or sexual violence, means a spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.
        (13) "Parent" means the biological parent of an
    
employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. "Son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or is 18 years of age or older and incapable of self-care because of a mental or physical disability.
        (14) "Perpetrator" means an individual who commits or
    
is alleged to have committed any act or threat of domestic or sexual violence.
        (15) "Person" means an individual, partnership,
    
association, corporation, business trust, legal representative, or any organized group of persons.
        (16) "Public agency" means the Government of the
    
State or political subdivision thereof; any agency of the State, or of a political subdivision of the State; or any governmental agency.
        (17) "Public assistance" includes cash, food stamps,
    
medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency or public employer.
        (18) "Reduced work schedule" means a work schedule
    
that reduces the usual number of hours per workweek, or hours per workday, of an employee.
        (19) "Repeatedly" means on 2 or more occasions.
        (20) "Sexual assault" means any conduct proscribed by
    
the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16.
        (21) "Stalking" means any conduct proscribed by the
    
Criminal Code of 1961 or the Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5.
        (22) "Victim" or "survivor" means an individual who
    
has been subjected to domestic or sexual violence.
        (23) "Victim services organization" means a
    
nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process.
(Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

820 ILCS 180/15

    (820 ILCS 180/15)
    Sec. 15. Purposes. The purposes of this Act are:
        (1) to promote the State's interest in reducing
    
domestic violence, dating violence, sexual assault, and stalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic or sexual violence, and to reduce the devastating economic consequences of domestic or sexual violence to employers and employees;
        (2) to address the failure of existing laws to
    
protect the employment rights of employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence, by protecting the civil and economic rights of those employees, and by furthering the equal opportunity of women for economic self-sufficiency and employment free from discrimination;
        (3) to accomplish the purposes described in
    
paragraphs (1) and (2) by (A) entitling employed victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance without penalty from their employers for the employee or the family or household member who is a victim; and (B) prohibiting employers from discriminating against any employee who is a victim of domestic or sexual violence or any employee who has a family or household member who is a victim of domestic or sexual violence, in a manner that accommodates the legitimate interests of employers and protects the safety of all persons in the workplace.
(Source: P.A. 96-635, eff. 8-24-09.)

820 ILCS 180/20

    (820 ILCS 180/20)
    Sec. 20. Entitlement to leave due to domestic or sexual violence.
    (a) Leave requirement.
        (1) Basis. An employee who is a victim of domestic or
    
sexual violence or has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may take unpaid leave from work to address domestic or sexual violence by:
            (A) seeking medical attention for, or recovering
        
from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member;
            (B) obtaining services from a victim services
        
organization for the employee or the employee's family or household member;
            (C) obtaining psychological or other counseling
        
for the employee or the employee's family or household member;
            (D) participating in safety planning, temporarily
        
or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or ensure economic security; or
            (E) seeking legal assistance or remedies to
        
ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
        (2) Period. Subject to subsection (c), an employee
    
working for an employer that employs at least 50 employees shall be entitled to a total of 12 workweeks of leave during any 12-month period. Subject to subsection (c), an employee working for an employer that employs at least 15 but not more than 49 employees shall be entitled to a total of 8 workweeks of leave during any 12-month period. The total number of workweeks to which an employee is entitled shall not decrease during the relevant 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
        (3) Schedule. Leave described in paragraph (1) may be
    
taken intermittently or on a reduced work schedule.
    (b) Notice. The employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, upon request of the employer and within a reasonable period after the absence, provides certification under subsection (c).
    (c) Certification.
        (1) In general. The employer may require the employee
    
to provide certification to the employer that:
            (A) the employee or the employee's family or
        
household member is a victim of domestic or sexual violence; and
            (B) the leave is for one of the purposes
        
enumerated in paragraph (a)(1).
        The employee shall provide such certification to the
    
employer within a reasonable period after the employer requests certification.
        (2) Contents. An employee may satisfy the
    
certification requirement of paragraph (1) by providing to the employer a sworn statement of the employee, and upon obtaining such documents the employee shall provide:
            (A) documentation from an employee, agent, or
        
volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic or sexual violence and the effects of the violence;
            (B) a police or court record; or
            (C) other corroborating evidence.
    (d) Confidentiality. All information provided to the employer pursuant to subsection (b) or (c), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:
        (1) requested or consented to in writing by the
    
employee; or
        (2) otherwise required by applicable federal or State
    
law.
    (e) Employment and benefits.
        (1) Restoration to position.
            (A) In general. Any employee who takes leave
        
under this Section for the intended purpose of the leave shall be entitled, on return from such leave:
                (i) to be restored by the employer to the
            
position of employment held by the employee when the leave commenced; or
                (ii) to be restored to an equivalent position
            
with equivalent employment benefits, pay, and other terms and conditions of employment.
            (B) Loss of benefits. The taking of leave under
        
this Section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
            (C) Limitations. Nothing in this subsection shall
        
be construed to entitle any restored employee to:
                (i) the accrual of any seniority or
            
employment benefits during any period of leave; or
                (ii) any right, benefit, or position of
            
employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
            (D) Construction. Nothing in this paragraph shall
        
be construed to prohibit an employer from requiring an employee on leave under this Section to report periodically to the employer on the status and intention of the employee to return to work.
        (2) Maintenance of health benefits.
            (A) Coverage. Except as provided in subparagraph
        
(B), during any period that an employee takes leave under this Section, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
            (B) Failure to return from leave. The employer
        
may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Section if:
                (i) the employee fails to return from leave
            
under this Section after the period of leave to which the employee is entitled has expired; and
                (ii) the employee fails to return to work for
            
a reason other than:
                    (I) the continuation, recurrence, or
                
onset of domestic or sexual violence that entitles the employee to leave pursuant to this Section; or
                    (II) other circumstances beyond the
                
control of the employee.
            (C) Certification.
                (i) Issuance. An employer may require an
            
employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason.
                (ii) Contents. An employee may satisfy the
            
certification requirement of clause (i) by providing to the employer:
                    (I) a sworn statement of the employee;
                    (II) documentation from an employee,
                
agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic or sexual violence and the effects of that violence;
                    (III) a police or court record; or
                    (IV) other corroborating evidence.
            (D) Confidentiality. All information provided to
        
the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:
                (i) requested or consented to in writing by
            
the employee; or
                (ii) otherwise required by applicable federal
            
or State law.
    (f) Prohibited acts.
        (1) Interference with rights.
            (A) Exercise of rights. It shall be unlawful for
        
any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Section.
            (B) Employer discrimination. It shall be unlawful
        
for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual:
                (i) exercised any right provided under this
            
Section; or
                (ii) opposed any practice made unlawful by
            
this Section.
            (C) Public agency sanctions. It shall be unlawful
        
for any public agency to deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner) because the individual:
                (i) exercised any right provided under this
            
Section; or
                (ii) opposed any practice made unlawful by
            
this Section.
        (2) Interference with proceedings or inquiries. It
    
shall be unlawful for any person to discharge or in any other manner discriminate (as described in subparagraph (B) or (C) of paragraph (1)) against any individual because such individual:
            (A) has filed any charge, or has instituted or
        
caused to be instituted any proceeding, under or related to this Section;
            (B) has given, or is about to give, any
        
information in connection with any inquiry or proceeding relating to any right provided under this Section; or
            (C) has testified, or is about to testify, in any
        
inquiry or proceeding relating to any right provided under this Section.
(Source: P.A. 96-635, eff. 8-24-09.)

820 ILCS 180/25

    (820 ILCS 180/25)
    Sec. 25. Existing leave usable for addressing domestic or sexual violence. An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of such leave for an equivalent period of leave provided under Section 20. The employer may not require the employee to substitute available paid or unpaid leave for leave provided under Section 20.
(Source: P.A. 96-635, eff. 8-24-09.)

820 ILCS 180/30

    (820 ILCS 180/30)
    Sec. 30. Victims' employment sustainability; prohibited discriminatory acts.
    (a) An employer shall not fail to hire, refuse to hire, discharge, constructively discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, or retaliate against an individual in any form or manner, and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual, or retaliate against an individual in any form or manner, because:
        (1) the individual involved:
            (A) is or is perceived to be a victim of domestic
        
or sexual violence;
            (B) attended, participated in, prepared for, or
        
requested leave to attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason provided under Section 20; or
            (C) requested an adjustment to a job structure,
        
workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure in response to actual or threatened domestic or sexual violence, regardless of whether the request was granted; or
        (2) the workplace is disrupted or threatened by the
    
action of a person whom the individual states has committed or threatened to commit domestic or sexual violence against the individual or the individual's family or household member.
    (b) In this Section:
        (1) "Discriminate", used with respect to the terms,
    
conditions, or privileges of employment or with respect to the terms or conditions of public assistance, includes not making a reasonable accommodation to the known limitations resulting from circumstances relating to being a victim of domestic or sexual violence or a family or household member being a victim of domestic or sexual violence of an otherwise qualified individual:
            (A) who is:
                (i) an applicant or employee of the employer
            
(including a public agency); or
                (ii) an applicant for or recipient of public
            
assistance from a public agency; and
            (B) who is:
                (i) a victim of domestic or sexual violence;
            
or
                (ii) with a family or household member who is
            
a victim of domestic or sexual violence whose interests are not adverse to the individual in subparagraph (A) as it relates to the domestic or sexual violence;
    unless the employer or public agency can demonstrate that
    
the accommodation would impose an undue hardship on the operation of the employer or public agency.
        A reasonable accommodation must be made in a timely
    
fashion. Any exigent circumstances or danger facing the employee or his or her family or household member shall be considered in determining whether the accommodation is reasonable.
        (2) "Qualified individual" means:
            (A) in the case of an applicant or employee
        
described in paragraph (1)(A)(i), an individual who, but for being a victim of domestic or sexual violence or with a family or household member who is a victim of domestic or sexual violence, can perform the essential functions of the employment position that such individual holds or desires; or
            (B) in the case of an applicant or recipient
        
described in paragraph (1)(A)(ii), an individual who, but for being a victim of domestic or sexual violence or with a family or household member who is a victim of domestic or sexual violence, can satisfy the essential requirements of the program providing the public assistance that the individual receives or desires.
        (3) "Reasonable accommodation" may include an
    
adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure, or assistance in documenting domestic or sexual violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic or sexual violence.
        (4) Undue hardship.
            (A) In general. "Undue hardship" means an action
        
requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).
            (B) Factors to be considered. In determining
        
whether a reasonable accommodation would impose an undue hardship on the operation of an employer or public agency, factors to be considered include:
                (i) the nature and cost of the reasonable
            
accommodation needed under this Section;
                (ii) the overall financial resources of the
            
facility involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation on the operation of the facility;
                (iii) the overall financial resources of the
            
employer or public agency, the overall size of the business of an employer or public agency with respect to the number of employees of the employer or public agency, and the number, type, and location of the facilities of an employer or public agency; and
                (iv) the type of operation of the employer or
            
public agency, including the composition, structure, and functions of the workforce of the employer or public agency, the geographic separateness of the facility from the employer or public agency, and the administrative or fiscal relationship of the facility to the employer or public agency.
(Source: P.A. 96-635, eff. 8-24-09.)

820 ILCS 180/35

    (820 ILCS 180/35)
    Sec. 35. Enforcement.
    (a) Department of Labor.
        (1) The Director or his or her authorized
    
representative shall administer and enforce the provisions of this Act. Any employee or a representative of employees who believes his or her rights under this Act have been violated may, within 3 years after the alleged violation occurs, file a complaint with the Department requesting a review of the alleged violation. A copy of the complaint shall be sent to the person who allegedly committed the violation, who shall be the respondent. Upon receipt of a complaint, the Director shall cause such investigation to be made as he or she deems appropriate. The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged allegation. The parties shall be given written notice of the time and place of the hearing at least 7 days before the hearing. Upon receiving the report of the investigation, the Director shall make findings of fact. If the Director finds that a violation did occur, he or she shall issue a decision incorporating his or her findings and requiring the party committing the violation to take such affirmative action to abate the violation as the Director deems appropriate, including:
            (A) damages equal to the amount of wages, salary,
        
employment benefits, public assistance, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate;
            (B) such equitable relief as may be appropriate,
        
including but not limited to hiring, reinstatement, promotion, and reasonable accommodations; and
            (C) reasonable attorney's fees, reasonable expert
        
witness fees, and other costs of the action to be paid by the respondent to a prevailing employee.
        If the Director finds that there was no violation, he
    
or she shall issue an order denying the complaint. An order issued by the Director under this Section shall be final and subject to judicial review under the Administrative Review Law.
        (2) The Director shall adopt rules necessary to
    
administer and enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases, including, but not limited to, provisions for depositions, subpoena power and procedures, and discovery and protective order procedures.
        (3) Intervention. The Attorney General of Illinois
    
may intervene on behalf of the Department if the Department certifies that the case is of general public importance. Upon such intervention the court may award such relief as is authorized to be granted to an employee who has filed a complaint or whose representative has filed a complaint under this Section.
    (b) Refusal to pay damages. Any employer who has been ordered by the Director of Labor or the court to pay damages under this Section and who fails to do so within 30 days after the order is entered is liable to pay a penalty of 1% per calendar day to the employee for each day of delay in paying the damages to the employee.
(Source: P.A. 93-591, eff. 8-25-03.)

820 ILCS 180/40

    (820 ILCS 180/40)
    Sec. 40. Notification. Every employer covered by this Act shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Director of Labor, summarizing the requirements of this Act and information pertaining to the filing of a charge. The Director shall furnish copies of summaries and rules to employers upon request without charge. Any employer that fails to post the required notice may not rely on the provisions in subsection (b) of Section 20 to claim that the employee failed to inform the employer that she or he wanted or was eligible for leave under this Act.
(Source: P.A. 96-635, eff. 8-24-09.)

820 ILCS 180/45

    (820 ILCS 180/45)
    Sec. 45. Effect on other laws and employment benefits.
    (a) More protective laws, agreements, programs, and plans. Nothing in this Act shall be construed to supersede any provision of any federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides:
        (1) greater leave benefits for victims of domestic or
    
sexual violence than the rights established under this Act; or
        (2) leave benefits for a larger population of victims
    
of domestic or sexual violence (as defined in such law, agreement, program, or plan) than the victims of domestic or sexual violence covered under this Act.
    (b) Less protective laws, agreements, programs, and plans. The rights established for employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence under this Act shall not be diminished by any federal, State or local law, collective bargaining agreement, or employment benefits program or plan.
(Source: P.A. 93-591, eff. 8-25-03.)

820 ILCS 180/905

    (820 ILCS 180/905)
    Sec. 905. Severability. If any provision of this Act or the application of such provision to any person or circumstance is held to be in violation of the Unites States Constitution or Illinois Constitution, the remainder of the provisions of this Act and the application of those provisions to any person or circumstance shall not be affected.
(Source: P.A. 93-591, eff. 8-25-03.)

820 ILCS 180/999

    (820 ILCS 180/999)
    Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 93-591, eff. 8-25-03.)