State of Illinois
91st General Assembly
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Public Act 91-0178

SB1174 Enrolled                                LRB9106029WHpk

    AN ACT to amend the Illinois Human Rights Act by changing
Section 2-105.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Illinois Human Rights Act is amended by
changing Section 2-105 as follows:

    (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
    Sec. 2-105.  Equal Employment Opportunities;  Affirmative
Action.
    (A)  Public  Contracts.  Every party to a public contract
and every eligible bidder shall:
         (1)  Refrain  from   unlawful   discrimination   and
    discrimination  based on citizenship status in employment
    and undertake affirmative action to  assure  equality  of
    employment  opportunity and eliminate the effects of past
    discrimination;
         (2)  Comply with the procedures and requirements  of
    the  Department's regulations concerning equal employment
    opportunities and affirmative action;
         (3)  Provide such information, with respect  to  its
    employees  and  applicants for employment, and assistance
    as the Department may reasonably request;
         (4)  Have written sexual  harassment  policies  that
    shall  include,  at a minimum, the following information:
    (i)  the  illegality  of  sexual  harassment;  (ii)   the
    definition  of sexual harassment under State law; (iii) a
    description of  sexual  harassment,  utilizing  examples;
    (iv)  the  vendor's  internal complaint process including
    penalties; (v)  the  legal  recourse,  investigative  and
    complaint  process  available  through the Department and
    the Commission; (vi) directions on  how  to  contact  the
    Department  and  Commission; and (vii) protection against
    retaliation as provided by Section 6-101 of this Act.   A
    copy  of the policies shall be provided to the Department
    upon request.
    (B)  State Agencies.  Every State  executive  department,
State agency, board, commission, and instrumentality shall:
         (1)  Comply  with the procedures and requirements of
    the Department's regulations concerning equal  employment
    opportunities and affirmative action;
         (2)  Provide  such information and assistance as the
    Department may request.
         (3)  Establish, maintain, and carry out a continuing
    affirmative action plan consistent with this Act and  the
    regulations  of  the Department designed to promote equal
    opportunity for all State residents in  every  aspect  of
    agency  personnel  policy  and practice.  For purposes of
    these affirmative action plans,  the  race  and  national
    origin  categories  to  be  included  in  the  plans are:
    African American, Hispanic or  Latino,  Native  American,
    Asian,  and  any other category as required by Department
    rule.  This plan shall include a current detailed  status
    report:
              (a)  indicating,  by  each  position  in  State
         service,  the number, percentage, and average salary
         of individuals employed by  race,  national  origin,
         sex  and disability, and any other category that the
         Department may require by rule;
              (b)  identifying all  positions  in  which  the
         percentage  of the people employed by race, national
         origin, sex and disability, and any  other  category
         that  the  Department  may  require by rule, is less
         than four-fifths of the percentage of each of  those
         components in the State work force;
              (c)  specifying   the  goals  and  methods  for
         increasing the percentage by race, national  origin,
         sex  and disability, and any other category that the
         Department may require by rule, in State positions;
              (d)  indicating progress  and  problems  toward
         meeting    equal   employment   opportunity   goals,
         including,  if  applicable,  but  not  limited   to,
         Department    of    Central    Management   Services
         recruitment efforts, publicity, promotions, and  use
         of   options  designating  positions  by  linguistic
         abilities;
              (e)  establishing a numerical hiring  goal  for
         the    employment    of   qualified   persons   with
         disabilities in the agency as a whole, to  be  based
         on  the  proportion of people with work disabilities
         in the Illinois labor force as reflected in the most
         recent decennial Census.
         (4)  If the  agency  has  1000  or  more  employees,
    appoint a full-time Equal Employment Opportunity officer,
    subject  to the Department's approval, whose duties shall
    include:
              (a)  Advising the head of the particular  State
         agency  with  respect  to  the  preparation of equal
         employment   opportunity    programs,    procedures,
         regulations,  reports,  and the agency's affirmative
         action plan.
              (b)  Evaluating in writing each fiscal year the
         sufficiency of the total agency  program  for  equal
         employment  opportunity and reporting thereon to the
         head of the agency with recommendations  as  to  any
         improvement  or  correction in recruiting, hiring or
         promotion needed, including remedial or disciplinary
         action with respect  to  managerial  or  supervisory
         employees  who have failed to cooperate fully or who
         are in violation of the program.
              (c)  Making changes  in  recruitment,  training
         and  promotion  programs and in hiring and promotion
         procedures  designed  to  eliminate   discriminatory
         practices when authorized.
              (d)  Evaluating   tests,  employment  policies,
         practices and qualifications and  reporting  to  the
         head  of  the  agency  and  to  the  Department  any
         policies,  practices  and  qualifications  that have
         unequal impact by race, national origin as  required
         by  Department  rule, sex or disability or any other
         category that the Department may  require  by  rule,
         and  to  assist  in  the  recruitment  of  people in
         underrepresented  classifications.   This   function
         shall  be  performed  in  cooperation with the State
         Department  of Central Management Services.
              (e)  Making any aggrieved employee or applicant
         for employment aware of his or  her  remedies  under
         this Act.
              In  any  meeting,  investigation,  negotiation,
         conference,  or  other  proceeding  between  a State
         employee  and  an   Equal   Employment   Opportunity
         officer,  a State employee (1) who is not covered by
         a collective bargaining agreement and (2) who is the
         complaining party or the subject of such  proceeding
         may  be  accompanied, advised and represented by (1)
         an attorney licensed to practice law in the State of
         Illinois or (2)  a  representative  of  an  employee
         organization   whose   membership   is  composed  of
         employees of the State and of which the employee  is
         a  member.  A  representative  of an employee, other
         than an attorney, may observe but may  not  actively
         participate, or advise the State employee during the
         course  of such meeting, investigation, negotiation,
         conference or  other  proceeding.  Nothing  in  this
         Section  shall be construed to permit any person who
         is not licensed  to  practice  law  in  Illinois  to
         deliver  any  legal  services or otherwise engage in
         any   activities   that   would    constitute    the
         unauthorized practice of law.  Any representative of
         an  employee  who is present with the consent of the
         employee, shall not, during or after termination  of
         the  relationship permitted by this Section with the
         State  employee,  use  or  reveal  any   information
         obtained   during   the   course   of  the  meeting,
         investigation,  negotiation,  conference  or   other
         proceeding  without  the  consent of the complaining
         party and any State employee who is the  subject  of
         the proceeding and pursuant to rules and regulations
         governing  confidentiality  of  such  information as
         promulgated  by  the   appropriate   State   agency.
         Intentional or reckless disclosure of information in
         violation   of  these  confidentiality  requirements
         shall constitute a Class B misdemeanor.
         (5)  Establish, maintain and carry out a  continuing
    sexual   harassment   program   that  shall  include  the
    following:
              (a)  Develop a written sexual harassment policy
         that   includes   at   a   minimum   the   following
         information:   (i)   the   illegality   of    sexual
         harassment; (ii) the definition of sexual harassment
         under  State  law;  (iii)  a  description  of sexual
         harassment, utilizing examples;  (iv)  the  agency's
         internal  complaint process including penalties; (v)
         the  legal  recourse,  investigative  and  complaint
         process available through  the  Department  and  the
         Commission;  (vi)  directions  on how to contact the
         Department  and  Commission;  and  (vii)  protection
         against retaliation as provided by Section 6-101  of
         this Act.  The policy shall be reviewed annually.
              (b)  Post   in   a   prominent  and  accessible
         location and distribute in a manner to assure notice
         to  all  agency  employees  without  exception   the
         agency's  sexual  harassment policy.  Such documents
         may meet,  but  shall  not  exceed,  the  6th  grade
         literacy  level.   Distribution shall be effectuated
         within  90  days  of  the  effective  date  of  this
         amendatory Act of  1992  and  shall  occur  annually
         thereafter.
              (c)  Provide   training  on  sexual  harassment
         prevention and the agency's sexual harassment policy
         as a  component  of  all  ongoing  or  new  employee
         training programs.
         (6)  Notify  the Department 30 days before effecting
    any layoff.  Once notice is given,  the  following  shall
    occur:
              (a)  No layoff may be effective earlier than 10
         working  days after notice to the Department, unless
         an emergency layoff situation exists.
              (b)  The  State  executive  department,   State
         agency,  board,  commission,  or  instrumentality in
         which the layoffs are  to  occur  must  notify  each
         employee  targeted  for layoff, the employee's union
         representative  (if  applicable),  and   the   State
         Dislocated Worker Unit at the Department of Commerce
         and Community Affairs.
              (c)  The   State  executive  department,  State
         agency, board,  commission,  or  instrumentality  in
         which  the  layoffs  are  to  occur  must conform to
         applicable collective bargaining agreements.
              (d)  The  State  executive  department,   State
         agency,  board,  commission,  or  instrumentality in
         which the layoffs are to occur  should  notify  each
         employee   targeted  for  layoff  that  transitional
         assistance may be available to him or her under  the
         Economic    Dislocation    and   Worker   Adjustment
         Assistance Act administered  by  the  Department  of
         Commerce  and  Community  Affairs.   Failure to give
         such notice  shall  not  invalidate  the  layoff  or
         postpone its effective date.
      As  used  in this subsection (B), "disability" shall be
defined   in   rules   promulgated   under    the    Illinois
Administrative Procedure Act.
    (C)  Civil  Rights  Violations.   It  is  a  civil rights
violation for any public contractor or eligible bidder to:
         (1)  fail to comply with the public contractor's  or
    eligible   bidder's   duty   to   refrain  from  unlawful
    discrimination and discrimination  based  on  citizenship
    status  in  employment  under  subsection  (A)(1) of this
    Section; or
         (2)  fail to comply with the public contractor's  or
    eligible  bidder's  duties  of  affirmative  action under
    subsection (A) of this Section,  provided  however,  that
    the  Department  has  notified  the  public contractor or
    eligible bidder in writing by  certified  mail  that  the
    public  contractor  or  eligible  bidder  may  not  be in
    compliance  with  affirmative  action   requirements   of
    subsection  (A).  A minimum of 60 days to comply with the
    requirements shall be afforded to the  public  contractor
    or eligible bidder before the Department may issue formal
    notice of non-compliance.
(Source: P.A. 88-498; 89-370, eff. 8-18-95.)

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