Public Act 098-1037
 
HB4157 EnrolledLRB098 15710 HEP 50741 b



    AN ACT concerning human rights.

 
    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 2-101 as follows:
 



    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)



    Sec. 2-101. Definitions. The following definitions are 
applicable
strictly in the context of this Article.

    (A) Employee.


        (1) "Employee" includes:


            (a) Any individual performing services for 
        remuneration within this
State for an employer;


            (b) An apprentice;


            (c) An applicant for any apprenticeship.

        For purposes of subsection (D) of Section 2-102 of this 
    Act, "employee" also includes an unpaid intern. An unpaid 
    intern is a person who performs work for an employer under 
    the following circumstances:
            (i) the employer is not committed to hiring the 
        person performing the work at the conclusion of the 
        intern's tenure;
            (ii) the employer and the person performing the 
        work agree that the person is not entitled to wages for 
        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) Domestic servants in private homes;


            (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 15 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 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 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 
    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.

    (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 a
bid opening, 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 not an unauthorized alien 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.

(Source: P.A. 97-877, eff. 8-2-12.)