|
the work performed; and |
(iii) the work performed: |
(I) supplements training given in an |
educational environment that may enhance the |
employability of the intern; |
(II) provides experience for the benefit of |
the person performing the work; |
(III) does not displace regular employees; |
(IV) is performed under the close supervision |
of existing staff; and |
(V) provides no immediate advantage to the |
employer providing the training and may |
occasionally impede the operations of the |
employer. |
(2) "Employee" does not include: |
(a) (Blank); |
(b) Individuals employed by persons who are not |
"employers" as defined by this Act; |
(c) Elected public officials or the members of |
their immediate personal staffs; |
(d) Principal administrative officers of the State |
or of any political subdivision, municipal corporation |
or other governmental unit or agency; |
(e) A person in a vocational rehabilitation |
facility certified under federal law who has been |
designated an evaluee, trainee, or work activity |
|
client. |
(B) Employer. |
(1) "Employer" includes: |
(a) Any person employing one or more employees |
within Illinois during 20 or more calendar weeks |
within the calendar year of or preceding the alleged |
violation; |
(b) Any person employing one or more employees |
when a complainant alleges civil rights violation due |
to unlawful discrimination based upon his or her |
physical or mental disability unrelated to ability, |
pregnancy, or sexual harassment; |
(c) The State and any political subdivision, |
municipal corporation or other governmental unit or |
agency, without regard to the number of employees; |
(d) Any party to a public contract without regard |
to the number of employees; |
(e) A joint apprenticeship or training committee |
without regard to the number of employees. |
(2) "Employer" does not include any place of worship, |
religious corporation, association, educational |
institution, society, or non-profit nursing institution |
conducted by and for those who rely upon treatment by |
prayer through spiritual means in accordance with the |
tenets of a recognized church or religious denomination |
with respect to the employment of individuals of a |
|
particular religion to perform work connected with the |
carrying on by such place of worship, corporation, |
association, educational institution, society or |
non-profit nursing institution of its activities. |
(C) Employment Agency. "Employment Agency" includes both |
public and private employment agencies and any person, labor |
organization, or labor union having a hiring hall or hiring |
office regularly undertaking, with or without compensation, to |
procure opportunities to work, or to procure, recruit, refer |
or place employees. |
(D) Labor Organization. "Labor Organization" includes any |
organization, labor union, craft union, or any voluntary |
unincorporated association designed to further the cause of |
the rights of union labor which is constituted for the |
purpose, in whole or in part, of collective bargaining or of |
dealing with employers concerning grievances, terms or |
conditions of employment, or apprenticeships or applications |
for apprenticeships, or of other mutual aid or protection in |
connection with employment, including apprenticeships or |
applications for apprenticeships. |
(E) Sexual Harassment. "Sexual harassment" means any |
unwelcome sexual advances or requests for sexual favors or any |
conduct of a sexual nature when (1) submission to such conduct |
is made either explicitly or implicitly a term or condition of |
an individual's employment, (2) submission to or rejection of |
such conduct by an individual is used as the basis for |
|
employment decisions affecting such individual, or (3) such |
conduct has the purpose or effect of substantially interfering |
with an individual's work performance or creating an |
intimidating, hostile or offensive working environment. |
For purposes of this definition, the phrase "working |
environment" is not limited to a physical location an employee |
is assigned to perform his or her duties. |
(E-1) Harassment. "Harassment" means any unwelcome conduct |
on the basis of an individual's actual or perceived race, |
color, religion, national origin, ancestry, age, sex, marital |
status, order of protection status, disability, military |
status, sexual orientation, pregnancy, unfavorable discharge |
from military service, citizenship status, or work |
authorization status that has the purpose or effect of |
substantially interfering with the individual's work |
performance or creating an intimidating, hostile, or offensive |
working environment. For purposes of this definition, the |
phrase "working environment" is not limited to a physical |
location an employee is assigned to perform his or her duties. |
(F) Religion. "Religion" with respect to employers |
includes all aspects of religious observance and practice, as |
well as belief, unless an employer demonstrates that he is |
unable to reasonably accommodate an employee's or prospective |
employee's religious observance or practice without undue |
hardship on the conduct of the employer's business. |
(G) Public Employer. "Public employer" means the State, an |
|
agency or department thereof, unit of local government, school |
district, instrumentality or political subdivision. |
(H) Public Employee. "Public employee" means an employee |
of the State, agency or department thereof, unit of local |
government, school district, instrumentality or political |
subdivision. "Public employee" does not include public |
officers or employees of the General Assembly or agencies |
thereof. |
(I) Public Officer. "Public officer" means a person who is |
elected to office pursuant to the Constitution or a statute or |
ordinance, or who is appointed to an office which is |
established, and the qualifications and duties of which are |
prescribed, by the Constitution or a statute or ordinance, to |
discharge a public duty for the State, agency or department |
thereof, unit of local government, school district, |
instrumentality or political subdivision. |
(J) Eligible Bidder. "Eligible bidder" means a person who, |
prior to contract award or prior to bid opening for State |
contracts for construction or construction-related services, |
has filed with the Department a properly completed, sworn and |
currently valid employer report form, pursuant to the |
Department's regulations. The provisions of this Article |
relating to eligible bidders apply only to bids on contracts |
with the State and its departments, agencies, boards, and |
commissions, and the provisions do not apply to bids on |
contracts with units of local government or school districts. |
|
(K) Citizenship Status. "Citizenship status" means the |
status of being: |
(1) a born U.S. citizen; |
(2) a naturalized U.S. citizen; |
(3) a U.S. national; or |
(4) a person born outside the United States and not a |
U.S. citizen who is lawfully present and who is protected |
from discrimination under the provisions of Section 1324b |
of Title 8 of the United States Code, as now or hereafter |
amended. |
(L) Work Authorization Status. "Work authorization status" |
means the status of being a person born outside of the United |
States, and not a U.S. citizen, who is authorized by the |
federal government to work in the United States. |
(M) Artificial Intelligence. "Artificial intelligence" |
means a machine-based system that, for explicit or implicit |
objectives, infers, from the input it receives, how to |
generate outputs such as predictions, content, |
recommendations, or decisions that can influence physical or |
virtual environments. "Artificial intelligence" includes |
generative artificial intelligence. |
(N) Generative Artificial Intelligence. "Generative |
artificial intelligence" means an automated computing system |
that, when prompted with human prompts, descriptions, or |
queries, can produce outputs that simulate human-produced |
content, including, but not limited to, the following: (1) |
|
textual outputs, such as short answers, essays, poetry, or |
longer compositions or answers; (2) image outputs, such as |
fine art, photographs, conceptual art, diagrams, and other |
images; (3) multimedia outputs, such as audio or video in the |
form of compositions, songs, or short-form or long-form audio |
or video; and (4) other content that would be otherwise |
produced by human means. |
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; |
102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. |
5-27-22.)
|
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102) |
Sec. 2-102. Civil rights violations - employment. It is a |
civil rights violation: |
(A) Employers. For any employer to refuse to hire, to |
segregate, to engage in harassment as defined in |
subsection (E-1) of Section 2-101, or to act with respect |
to recruitment, hiring, promotion, renewal of employment, |
selection for training or apprenticeship, discharge, |
discipline, tenure or terms, privileges or conditions of |
employment on the basis of unlawful discrimination, |
citizenship status, or work authorization status. An |
employer is responsible for harassment by the employer's |
nonmanagerial and nonsupervisory employees only if the |
employer becomes aware of the conduct and fails to take |
reasonable corrective measures. |
|
(A-5) Language. For an employer to impose a |
restriction that has the effect of prohibiting a language |
from being spoken by an employee in communications that |
are unrelated to the employee's duties. |
For the purposes of this subdivision (A-5), "language" |
means a person's native tongue, such as Polish, Spanish, |
or Chinese. "Language" does not include such things as |
slang, jargon, profanity, or vulgarity. |
(A-10) Harassment of nonemployees. For any employer, |
employment agency, or labor organization to engage in |
harassment of nonemployees in the workplace. An employer |
is responsible for harassment of nonemployees by the |
employer's nonmanagerial and nonsupervisory employees only |
if the employer becomes aware of the conduct and fails to |
take reasonable corrective measures. For the purposes of |
this subdivision (A-10), "nonemployee" means a person who |
is not otherwise an employee of the employer and is |
directly performing services for the employer pursuant to |
a contract with that employer. "Nonemployee" includes |
contractors and consultants. This subdivision applies to |
harassment occurring on or after the effective date of |
this amendatory Act of the 101st General Assembly. |
(B) Employment agency. For any employment agency to |
fail or refuse to classify properly, accept applications |
and register for employment referral or apprenticeship |
referral, refer for employment, or refer for |
|
apprenticeship on the basis of unlawful discrimination, |
citizenship status, or work authorization status or to |
accept from any person any job order, requisition or |
request for referral of applicants for employment or |
apprenticeship which makes or has the effect of making |
unlawful discrimination or discrimination on the basis of |
citizenship status or work authorization status a |
condition of referral. |
(C) Labor organization. For any labor organization to |
limit, segregate or classify its membership, or to limit |
employment opportunities, selection and training for |
apprenticeship in any trade or craft, or otherwise to |
take, or fail to take, any action which affects adversely |
any person's status as an employee or as an applicant for |
employment or as an apprentice, or as an applicant for |
apprenticeships, or wages, tenure, hours of employment or |
apprenticeship conditions on the basis of unlawful |
discrimination, citizenship status, or work authorization |
status. |
(D) Sexual harassment. For any employer, employee, |
agent of any employer, employment agency or labor |
organization to engage in sexual harassment; provided, |
that an employer shall be responsible for sexual |
harassment of the employer's employees by nonemployees or |
nonmanagerial and nonsupervisory employees only if the |
employer becomes aware of the conduct and fails to take |
|
reasonable corrective measures. |
(D-5) Sexual harassment of nonemployees. For any |
employer, employee, agent of any employer, employment |
agency, or labor organization to engage in sexual |
harassment of nonemployees in the workplace. An employer |
is responsible for sexual harassment of nonemployees by |
the employer's nonmanagerial and nonsupervisory employees |
only if the employer becomes aware of the conduct and |
fails to take reasonable corrective measures. For the |
purposes of this subdivision (D-5), "nonemployee" means a |
person who is not otherwise an employee of the employer |
and is directly performing services for the employer |
pursuant to a contract with that employer. "Nonemployee" |
includes contractors and consultants. This subdivision |
applies to sexual harassment occurring on or after the |
effective date of this amendatory Act of the 101st General |
Assembly. |
(E) Public employers. For any public employer to |
refuse to permit a public employee under its jurisdiction |
who takes time off from work in order to practice his or |
her religious beliefs to engage in work, during hours |
other than such employee's regular working hours, |
consistent with the operational needs of the employer and |
in order to compensate for work time lost for such |
religious reasons. Any employee who elects such deferred |
work shall be compensated at the wage rate which he or she |
|
would have earned during the originally scheduled work |
period. The employer may require that an employee who |
plans to take time off from work in order to practice his |
or her religious beliefs provide the employer with a |
notice of his or her intention to be absent from work not |
exceeding 5 days prior to the date of absence. |
(E-5) Religious discrimination. For any employer to |
impose upon a person as a condition of obtaining or |
retaining employment, including opportunities for |
promotion, advancement, or transfer, any terms or |
conditions that would require such person to violate or |
forgo a sincerely held practice of his or her religion |
including, but not limited to, the wearing of any attire, |
clothing, or facial hair in accordance with the |
requirements of his or her religion, unless, after |
engaging in a bona fide effort, the employer demonstrates |
that it is unable to reasonably accommodate the employee's |
or prospective employee's sincerely held religious belief, |
practice, or observance without undue hardship on the |
conduct of the employer's business. |
Nothing in this Section prohibits an employer from |
enacting a dress code or grooming policy that may include |
restrictions on attire, clothing, or facial hair to |
maintain workplace safety or food sanitation. |
(F) Training and apprenticeship programs. For any |
employer, employment agency or labor organization to |
|
discriminate against a person on the basis of age in the |
selection, referral for or conduct of apprenticeship or |
training programs. |
(G) Immigration-related practices. |
(1) for an employer to request for purposes of |
satisfying the requirements of Section 1324a(b) of |
Title 8 of the United States Code, as now or hereafter |
amended, more or different documents than are required |
under such Section or to refuse to honor documents |
tendered that on their face reasonably appear to be |
genuine or to refuse to honor work authorization based |
upon the specific status or term of status that |
accompanies the authorization to work; or |
(2) for an employer participating in the E-Verify |
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot |
Programs for Employment Eligibility Confirmation |
(enacted by PL 104-208, div. C title IV, subtitle A) to |
refuse to hire, to segregate, or to act with respect to |
recruitment, hiring, promotion, renewal of employment, |
selection for training or apprenticeship, discharge, |
discipline, tenure or terms, privileges or conditions |
of employment without following the procedures under |
the E-Verify Program. |
(H) (Blank). |
(I) Pregnancy. For an employer to refuse to hire, to |
segregate, or to act with respect to recruitment, hiring, |
|
promotion, renewal of employment, selection for training |
or apprenticeship, discharge, discipline, tenure or terms, |
privileges or conditions of employment on the basis of |
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth. Women affected by |
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth shall be treated the |
same for all employment-related purposes, including |
receipt of benefits under fringe benefit programs, as |
other persons not so affected but similar in their ability |
or inability to work, regardless of the source of the |
inability to work or employment classification or status. |
(J) Pregnancy; reasonable accommodations. |
(1) If after a job applicant or employee, |
including a part-time, full-time, or probationary |
employee, requests a reasonable accommodation, for an |
employer to not make reasonable accommodations for any |
medical or common condition of a job applicant or |
employee related to pregnancy or childbirth, unless |
the employer can demonstrate that the accommodation |
would impose an undue hardship on the ordinary |
operation of the business of the employer. The |
employer may request documentation from the employee's |
health care provider concerning the need for the |
requested reasonable accommodation or accommodations |
to the same extent documentation is requested for |
|
conditions related to disability if the employer's |
request for documentation is job-related and |
consistent with business necessity. The employer may |
require only the medical justification for the |
requested accommodation or accommodations, a |
description of the reasonable accommodation or |
accommodations medically advisable, the date the |
reasonable accommodation or accommodations became |
medically advisable, and the probable duration of the |
reasonable accommodation or accommodations. It is the |
duty of the individual seeking a reasonable |
accommodation or accommodations to submit to the |
employer any documentation that is requested in |
accordance with this paragraph. Notwithstanding the |
provisions of this paragraph, the employer may require |
documentation by the employee's health care provider |
to determine compliance with other laws. The employee |
and employer shall engage in a timely, good faith, and |
meaningful exchange to determine effective reasonable |
accommodations. |
(2) For an employer to deny employment |
opportunities or benefits to or take adverse action |
against an otherwise qualified job applicant or |
employee, including a part-time, full-time, or |
probationary employee, if the denial or adverse action |
is based on the need of the employer to make reasonable |
|
accommodations to the known medical or common |
conditions related to the pregnancy or childbirth of |
the applicant or employee. |
(3) For an employer to require a job applicant or |
employee, including a part-time, full-time, or |
probationary employee, affected by pregnancy, |
childbirth, or medical or common conditions related to |
pregnancy or childbirth to accept an accommodation |
when the applicant or employee did not request an |
accommodation and the applicant or employee chooses |
not to accept the employer's accommodation. |
(4) For an employer to require an employee, |
including a part-time, full-time, or probationary |
employee, to take leave under any leave law or policy |
of the employer if another reasonable accommodation |
can be provided to the known medical or common |
conditions related to the pregnancy or childbirth of |
an employee. No employer shall fail or refuse to |
reinstate the employee affected by pregnancy, |
childbirth, or medical or common conditions related to |
pregnancy or childbirth to her original job or to an |
equivalent position with equivalent pay and |
accumulated seniority, retirement, fringe benefits, |
and other applicable service credits upon her |
signifying her intent to return or when her need for |
reasonable accommodation ceases, unless the employer |
|
can demonstrate that the accommodation would impose an |
undue hardship on the ordinary operation of the |
business of the employer. |
For the purposes of this subdivision (J), "reasonable |
accommodations" means reasonable modifications or |
adjustments to the job application process or work |
environment, or to the manner or circumstances under which |
the position desired or held is customarily performed, |
that enable an applicant or employee affected by |
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth to be considered for |
the position the applicant desires or to perform the |
essential functions of that position, and may include, but |
is not limited to: more frequent or longer bathroom |
breaks, breaks for increased water intake, and breaks for |
periodic rest; private non-bathroom space for expressing |
breast milk and breastfeeding; seating; assistance with |
manual labor; light duty; temporary transfer to a less |
strenuous or hazardous position; the provision of an |
accessible worksite; acquisition or modification of |
equipment; job restructuring; a part-time or modified work |
schedule; appropriate adjustment or modifications of |
examinations, training materials, or policies; |
reassignment to a vacant position; time off to recover |
from conditions related to childbirth; and leave |
necessitated by pregnancy, childbirth, or medical or |
|
common conditions resulting from pregnancy or childbirth. |
For the purposes of this subdivision (J), "undue |
hardship" means an action that is prohibitively expensive |
or disruptive when considered in light of the following |
factors: (i) the nature and cost of the accommodation |
needed; (ii) the overall financial resources of the |
facility or facilities involved in the provision of the |
reasonable accommodation, the number of persons employed |
at the facility, the effect on expenses and resources, or |
the impact otherwise of the accommodation upon the |
operation of the facility; (iii) the overall financial |
resources of the employer, the overall size of the |
business of the employer with respect to the number of its |
employees, and the number, type, and location of its |
facilities; and (iv) the type of operation or operations |
of the employer, including the composition, structure, and |
functions of the workforce of the employer, the geographic |
separateness, administrative, or fiscal relationship of |
the facility or facilities in question to the employer. |
The employer has the burden of proving undue hardship. The |
fact that the employer provides or would be required to |
provide a similar accommodation to similarly situated |
employees creates a rebuttable presumption that the |
accommodation does not impose an undue hardship on the |
employer. |
No employer is required by this subdivision (J) to |
|
create additional employment that the employer would not |
otherwise have created, unless the employer does so or |
would do so for other classes of employees who need |
accommodation. The employer is not required to discharge |
any employee, transfer any employee with more seniority, |
or promote any employee who is not qualified to perform |
the job, unless the employer does so or would do so to |
accommodate other classes of employees who need it. |
(K) Notice. |
(1) For an employer to fail to post or keep posted |
in a conspicuous location on the premises of the |
employer where notices to employees are customarily |
posted, or fail to include in any employee handbook |
information concerning an employee's rights under this |
Article, a notice, to be prepared or approved by the |
Department, summarizing the requirements of this |
Article and information pertaining to the filing of a |
charge, including the right to be free from unlawful |
discrimination, the right to be free from sexual |
harassment, and the right to certain reasonable |
accommodations. The Department shall make the |
documents required under this paragraph available for |
retrieval from the Department's website. |
(2) Upon notification of a violation of paragraph |
(1) of this subdivision (K), the Department may launch |
a preliminary investigation. If the Department finds a |
|
violation, the Department may issue a notice to show |
cause giving the employer 30 days to correct the |
violation. If the violation is not corrected, the |
Department may initiate a charge of a civil rights |
violation. |
(L) Use of artificial intelligence. |
(1) With respect to recruitment, hiring, |
promotion, renewal of employment, selection for |
training or apprenticeship, discharge, discipline, |
tenure, or the terms, privileges, or conditions of |
employment, for an employer to use artificial |
intelligence that has the effect of subjecting |
employees to discrimination on the basis of protected |
classes under this Article or to use zip codes as a |
proxy for protected classes under this Article. |
(2) For an employer to fail to provide notice to an |
employee that the employer is using artificial |
intelligence for the purposes described in paragraph |
(1). |
The Department shall adopt any rules necessary for the |
implementation and enforcement of this subdivision, |
including, but not limited to, rules on the circumstances |
and conditions that require notice, the time period for |
providing notice, and the means for providing notice. |
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
|
Section 99. Effective date. This Act takes effect January |