|
designation of its project, by formal written letter of request |
or by
formal application to the Department,
in which the |
Applicant states its intent to make at least a specified level |
of
investment and
intends to hire or retain a
specified number |
of full-time employees at a designated location in Illinois.
As
|
circumstances require, the
Department may require a formal |
application from an Applicant and a formal
letter of request |
for
assistance.
|
(b) In order to qualify for Credits under this Act, an |
Applicant's project
must:
|
(1) if the Applicant has more than 100 employees, |
involve an investment of at least $2,500,000 in capital |
improvements
to be placed in service within the
State as a |
direct result of the project; if the Applicant has 100 or |
fewer employees, then there is no capital investment |
requirement; and
|
(1.5) if the Applicant has more than 100 employees, |
employ a number of new employees in the State equal to the |
lesser of (A) 10% of the number of full-time employees |
employed by the applicant world-wide on the date the |
application is filed with the Department or (B) 50 New |
Employees; and, if the Applicant has 100 or fewer |
employees, employ a number of new employees in the State |
equal to the lesser of (A) 5% of the number of full-time |
employees employed by the applicant world-wide on the date |
the application is filed with the Department or (B) 50 New |
|
Employees; and |
(2) (blank); |
(3) (blank); .
|
(4) include an annual sexual harassment policy report |
as provided under Section 5-58. |
(c) After receipt of an application, the Department may |
enter into an
Agreement with the Applicant if the
application |
is accepted in accordance with Section 5-25.
|
(Source: P.A. 100-511, eff. 9-18-17.)
|
(35 ILCS 10/5-58 new) |
Sec. 5-58. Sexual harassment policy report. Each taxpayer |
claiming a credit under this Act shall, no later than April 15 |
of each taxable year for which the taxpayer claims a credit |
under this Act, submit to the Department of Commerce and |
Economic Opportunity a report detailing that taxpayer's sexual |
harassment policy, which contains, 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, and investigative and complaint processes |
available through the Department; (vi) directions on how to |
contact the Department; and (vii) protection against |
retaliation as provided by Section 6-101 of the Illinois Human |
Rights Act. A copy of the policy shall be provided to the |
|
Department upon request. The reports required under this |
Section shall be submitted in a form and manner determined by |
the Department of Commerce and Economic Opportunity.
|
Section 15. 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. Additionally, |
each bidder who submits a bid or offer for a State contract |
under the Illinois Procurement Code shall have a written |
copy of the bidder's sexual harassment policy as required |
under this paragraph (4). A copy of the policy shall be |
provided to the State agency entering into the contract |
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: American Indian |
or Alaska Native, Asian, Black or African American, |
Hispanic or Latino, Native Hawaiian or Other Pacific |
Islander. |
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 employment data |
made available by the United States Census Bureau.
|
(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 Economic Opportunity.
|
(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 |
Economic Opportunity. 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.
|
(D) As used in this Section: |
(1) "American Indian or Alaska Native" means a person |
having origins in any of the original peoples of North and |
South America, including Central America, and who |
maintains tribal affiliation or community attachment. |
(2) "Asian" means a person having origins in any of the |
|
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam. |
(3) "Black or African American" means a person having |
origins in any of the black racial groups of Africa. Terms |
such as "Haitian" or "Negro" can be used in addition to |
"Black or African American". |
(4) "Hispanic or Latino" means a person of Cuban, |
Mexican, Puerto Rican, South or Central American, or other |
Spanish culture or origin, regardless of race. |
(5) "Native Hawaiian or Other Pacific Islander" means a |
person having origins in any of the original peoples of |
Hawaii, Guam, Samoa, or other Pacific Islands. |
(Source: P.A. 99-933, eff. 1-27-17.)
|