Sen. John M. Sullivan
Filed: 5/11/2009
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1 | AMENDMENT TO HOUSE BILL 4205
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2 | AMENDMENT NO. ______. Amend House Bill 4205 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Service Member's Employment Tenure Act is | ||||||
5 | amended by changing Section 6 as follows:
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6 | (330 ILCS 60/6) (from Ch. 126 1/2, par. 34)
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7 | Sec. 6. Employer's violation of Act; penalty; employee's | ||||||
8 | remedies.
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9 | (a) An employer's knowing violation of this Act is a | ||||||
10 | business offense punishable by a fine of not less than $5,000 | ||||||
11 | and not more than $10,000.
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12 | (b) In case any employer fails or refuses to comply with
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13 | this Act, the circuit court of the county in which such private | ||||||
14 | employer
maintains a place of business, or of the county where | ||||||
15 | such State employee
performs most of his duties, has power, | ||||||
16 | upon the filing of a complaint
by the person entitled to
the |
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1 | benefits of this Act, to specifically require such employer to | ||||||
2 | comply
with this Act and to compensate such person for any loss | ||||||
3 | of wages or
benefits suffered by reason of such employer's | ||||||
4 | unlawful action, together
with reasonable attorney's fees and | ||||||
5 | costs. No fees or court costs shall be taxed
against any person | ||||||
6 | applying for the benefits of this Act.
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7 | The court shall, in its sound discretion, give preference | ||||||
8 | to the hearing
and disposition of such cases over other matters | ||||||
9 | then pending before it.
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10 | (c) In addition to any other penalty provided by law, an | ||||||
11 | employer's knowing violation of this Act is a civil rights | ||||||
12 | violation under the Illinois Human Rights Act. | ||||||
13 | (Source: P.A. 93-828, eff. 7-28-04.)
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14 | Section 10. The Illinois Human Rights Act is amended by | ||||||
15 | changing Section 2-102 as follows:
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16 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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17 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
18 | civil
rights violation:
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19 | (A) Employers. For any employer to refuse to hire, to | ||||||
20 | segregate, or
to act with respect to recruitment, hiring, | ||||||
21 | promotion, renewal of employment,
selection for training or | ||||||
22 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
23 | privileges or conditions of employment on the basis of unlawful
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24 | discrimination or citizenship status.
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1 | (A-5) Language. For an employer to impose a restriction | ||||||
2 | that has the
effect of prohibiting a language from being spoken | ||||||
3 | by an employee in
communications that are unrelated to the | ||||||
4 | employee's duties.
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5 | For the purposes of this subdivision (A-5), "language" | ||||||
6 | means a person's
native tongue, such as Polish, Spanish, or
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7 | Chinese.
"Language" does not include such things as slang, | ||||||
8 | jargon, profanity, or
vulgarity.
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9 | (A-10) Violation of Service Member's Employment Tenure | ||||||
10 | Act. For an employer to knowingly violate the Service Member's | ||||||
11 | Employment Tenure Act. | ||||||
12 | (B) Employment Agency. For any employment agency to fail or | ||||||
13 | refuse
to classify properly, accept applications and register | ||||||
14 | for employment
referral or apprenticeship referral, refer for | ||||||
15 | employment, or refer for
apprenticeship on the basis of | ||||||
16 | unlawful discrimination or citizenship
status or to accept from | ||||||
17 | any person any job order, requisition or request
for referral | ||||||
18 | of applicants for employment or apprenticeship which makes or
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19 | has the effect of making unlawful discrimination or | ||||||
20 | discrimination on the
basis of citizenship status a condition | ||||||
21 | of referral.
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22 | (C) Labor Organization. For any labor organization to | ||||||
23 | limit,
segregate or classify its membership, or to limit | ||||||
24 | employment
opportunities, selection and training for | ||||||
25 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
26 | fail to take, any action which affects
adversely any person's |
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1 | status as an employee or as an applicant for
employment or as | ||||||
2 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
3 | wages, tenure, hours of employment or apprenticeship | ||||||
4 | conditions on the
basis of unlawful discrimination or | ||||||
5 | citizenship status.
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6 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
7 | any employer,
employment agency or labor organization to engage | ||||||
8 | in sexual harassment;
provided, that an employer shall be | ||||||
9 | responsible for sexual harassment
of the employer's employees | ||||||
10 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
11 | only if the employer becomes aware of the conduct and fails to
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12 | take reasonable corrective measures.
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13 | (E) Public Employers. For any public employer to refuse to | ||||||
14 | permit a
public employee under its jurisdiction who takes time | ||||||
15 | off from work in
order to practice his or her religious beliefs | ||||||
16 | to engage in work, during hours
other than such employee's | ||||||
17 | regular working hours, consistent with the
operational needs of | ||||||
18 | the employer and in order to compensate for work time
lost for | ||||||
19 | such religious reasons. Any employee who elects such deferred
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20 | work shall be compensated at the wage rate which he or she | ||||||
21 | would have
earned during the originally scheduled work period. | ||||||
22 | The employer may
require that an employee who plans to take | ||||||
23 | time off from work in order to
practice his or her religious | ||||||
24 | beliefs provide the employer with a notice of
his or her | ||||||
25 | intention to be absent from work not exceeding 5 days prior to
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26 | the date of absence.
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1 | (F) Training and Apprenticeship Programs. For any | ||||||
2 | employer,
employment agency or labor organization to | ||||||
3 | discriminate against a person on
the basis of age in the | ||||||
4 | selection, referral for or conduct of apprenticeship
or | ||||||
5 | training programs.
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6 | (G) Immigration-Related Practices. | ||||||
7 | (1) for an employer to request for
purposes of | ||||||
8 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
9 | of
the United States Code, as now or hereafter amended, | ||||||
10 | more or different
documents than are required under such | ||||||
11 | Section or to refuse to honor
documents tendered that on | ||||||
12 | their face reasonably appear to be genuine; or
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13 | (2) for an employer participating in the Basic Pilot | ||||||
14 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
15 | Programs for Employment Eligibility Confirmation (enacted | ||||||
16 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
17 | hire, to segregate, or to act with respect to recruitment, | ||||||
18 | hiring, promotion, renewal of employment, selection for | ||||||
19 | training or apprenticeship, discharge, discipline, tenure | ||||||
20 | or terms, privileges or conditions of employment without | ||||||
21 | following the procedures under the Basic Pilot Program. | ||||||
22 | (H) Pregnancy;
peace officers and fire fighters. For a | ||||||
23 | public employer to refuse to temporarily transfer a pregnant
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24 | female peace officer or pregnant
female fire fighter to a less | ||||||
25 | strenuous or hazardous position for the
duration of her | ||||||
26 | pregnancy if she so requests, with the advice of her
physician, |
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1 | where that transfer can be reasonably accommodated. For the | ||||||
2 | purposes of this subdivision (H), "peace officer" and "fire | ||||||
3 | fighter" have the meanings ascribed to those terms in Section 3 | ||||||
4 | of the Illinois Public Labor Relations Act.
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5 | It is not a civil rights violation for an employer to take | ||||||
6 | any action
that is required by Section 1324a of Title 8 of the | ||||||
7 | United States Code, as
now or hereafter amended.
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8 | (Source: P.A. 95-25, eff. 1-1-08; 95-137, eff. 1-1-08; 95-876, | ||||||
9 | eff. 8-21-08.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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