101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4292

 

Introduced 1/28/2020, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-101
775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Amends the Employment Article of the Illinois Human Rights Act. Provides that "citizenship status" includes, among other things, the status of being a person who is authorized by the federal government to work in the United States. Provides that it is a civil rights violation for an employer, for purposes of complying with federal employment eligibility requirements, to refuse to honor work authorization based upon the specific status or term of status that accompanies the authorization to work. Effective immediately.


LRB101 16614 LNS 65998 b

 

 

A BILL FOR

 

HB4292LRB101 16614 LNS 65998 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 2-101 and 2-102 as follows:
 
6    (775 ILCS 5/2-101)
7    (Text of Section before amendment by P.A. 101-430)
8    Sec. 2-101. Definitions. The following definitions are
9applicable strictly in the context of this Article.
10    (A) Employee.
11        (1) "Employee" includes:
12            (a) Any individual performing services for
13        remuneration within this State for an employer;
14            (b) An apprentice;
15            (c) An applicant for any apprenticeship.
16        For purposes of subsection (D) of Section 2-102 of this
17    Act, "employee" also includes an unpaid intern. An unpaid
18    intern is a person who performs work for an employer under
19    the following circumstances:
20            (i) the employer is not committed to hiring the
21        person performing the work at the conclusion of the
22        intern's tenure;
23            (ii) the employer and the person performing the

 

 

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1        work agree that the person is not entitled to wages for
2        the work performed; and
3            (iii) the work performed:
4                (I) supplements training given in an
5            educational environment that may enhance the
6            employability of the intern;
7                (II) provides experience for the benefit of
8            the person performing the work;
9                (III) does not displace regular employees;
10                (IV) is performed under the close supervision
11            of existing staff; and
12                (V) provides no immediate advantage to the
13            employer providing the training and may
14            occasionally impede the operations of the
15            employer.
16        (2) "Employee" does not include:
17            (a) (Blank);
18            (b) Individuals employed by persons who are not
19        "employers" as defined by this Act;
20            (c) Elected public officials or the members of
21        their immediate personal staffs;
22            (d) Principal administrative officers of the State
23        or of any political subdivision, municipal corporation
24        or other governmental unit or agency;
25            (e) A person in a vocational rehabilitation
26        facility certified under federal law who has been

 

 

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1        designated an evaluee, trainee, or work activity
2        client.
3    (B) Employer.
4        (1) "Employer" includes:
5            (a) Any person employing 15 or more employees
6        within Illinois during 20 or more calendar weeks within
7        the calendar year of or preceding the alleged
8        violation;
9            (b) Any person employing one or more employees when
10        a complainant alleges civil rights violation due to
11        unlawful discrimination based upon his or her physical
12        or mental disability unrelated to ability, pregnancy,
13        or sexual harassment;
14            (c) The State and any political subdivision,
15        municipal corporation or other governmental unit or
16        agency, without regard to the number of employees;
17            (d) Any party to a public contract without regard
18        to the number of employees;
19            (e) A joint apprenticeship or training committee
20        without regard to the number of employees.
21        (2) "Employer" does not include any religious
22    corporation, association, educational institution,
23    society, or non-profit nursing institution conducted by
24    and for those who rely upon treatment by prayer through
25    spiritual means in accordance with the tenets of a
26    recognized church or religious denomination with respect

 

 

HB4292- 4 -LRB101 16614 LNS 65998 b

1    to the employment of individuals of a particular religion
2    to perform work connected with the carrying on by such
3    corporation, association, educational institution, society
4    or non-profit nursing institution of its activities.
5    (C) Employment Agency. "Employment Agency" includes both
6public and private employment agencies and any person, labor
7organization, or labor union having a hiring hall or hiring
8office regularly undertaking, with or without compensation, to
9procure opportunities to work, or to procure, recruit, refer or
10place employees.
11    (D) Labor Organization. "Labor Organization" includes any
12organization, labor union, craft union, or any voluntary
13unincorporated association designed to further the cause of the
14rights of union labor which is constituted for the purpose, in
15whole or in part, of collective bargaining or of dealing with
16employers concerning grievances, terms or conditions of
17employment, or apprenticeships or applications for
18apprenticeships, or of other mutual aid or protection in
19connection with employment, including apprenticeships or
20applications for apprenticeships.
21    (E) Sexual Harassment. "Sexual harassment" means any
22unwelcome sexual advances or requests for sexual favors or any
23conduct of a sexual nature when (1) submission to such conduct
24is made either explicitly or implicitly a term or condition of
25an individual's employment, (2) submission to or rejection of
26such conduct by an individual is used as the basis for

 

 

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1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5    For purposes of this definition, the phrase "working
6environment" is not limited to a physical location an employee
7is assigned to perform his or her duties.
8    (E-1) Harassment. "Harassment" means any unwelcome conduct
9on the basis of an individual's actual or perceived race,
10color, religion, national origin, ancestry, age, sex, marital
11status, order of protection status, disability, military
12status, sexual orientation, pregnancy, unfavorable discharge
13from military service, or citizenship status that has the
14purpose or effect of substantially interfering with the
15individual's work performance or creating an intimidating,
16hostile, or offensive working environment. For purposes of this
17definition, the phrase "working environment" is not limited to
18a physical location an employee is assigned to perform his or
19her duties.
20    (F) Religion. "Religion" with respect to employers
21includes all aspects of religious observance and practice, as
22well as belief, unless an employer demonstrates that he is
23unable to reasonably accommodate an employee's or prospective
24employee's religious observance or practice without undue
25hardship on the conduct of the employer's business.
26    (G) Public Employer. "Public employer" means the State, an

 

 

HB4292- 6 -LRB101 16614 LNS 65998 b

1agency or department thereof, unit of local government, school
2district, instrumentality or political subdivision.
3    (H) Public Employee. "Public employee" means an employee of
4the State, agency or department thereof, unit of local
5government, school district, instrumentality or political
6subdivision. "Public employee" does not include public
7officers or employees of the General Assembly or agencies
8thereof.
9    (I) Public Officer. "Public officer" means a person who is
10elected to office pursuant to the Constitution or a statute or
11ordinance, or who is appointed to an office which is
12established, and the qualifications and duties of which are
13prescribed, by the Constitution or a statute or ordinance, to
14discharge a public duty for the State, agency or department
15thereof, unit of local government, school district,
16instrumentality or political subdivision.
17    (J) Eligible Bidder. "Eligible bidder" means a person who,
18prior to contract award or prior to bid opening for State
19contracts for construction or construction-related services,
20has filed with the Department a properly completed, sworn and
21currently valid employer report form, pursuant to the
22Department's regulations. The provisions of this Article
23relating to eligible bidders apply only to bids on contracts
24with the State and its departments, agencies, boards, and
25commissions, and the provisions do not apply to bids on
26contracts with units of local government or school districts.

 

 

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1    (K) Citizenship Status. "Citizenship status" means the
2status of being:
3        (1) a born U.S. citizen;
4        (2) a naturalized U.S. citizen;
5        (3) a U.S. national; or
6        (4) a person born outside the United States and not a
7    U.S. citizen who is not an unauthorized alien and who is
8    protected from discrimination under the provisions of
9    Section 1324b of Title 8 of the United States Code, as now
10    or hereafter amended.
11        (5) a person who is authorized by the federal
12    government to work in the United States.
13(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20.)
 
14    (Text of Section after amendment by P.A. 101-430)
15    Sec. 2-101. Definitions. The following definitions are
16applicable strictly in the context of this Article.
17    (A) Employee.
18        (1) "Employee" includes:
19            (a) Any individual performing services for
20        remuneration within this State for an employer;
21            (b) An apprentice;
22            (c) An applicant for any apprenticeship.
23        For purposes of subsection (D) of Section 2-102 of this
24    Act, "employee" also includes an unpaid intern. An unpaid
25    intern is a person who performs work for an employer under

 

 

HB4292- 8 -LRB101 16614 LNS 65998 b

1    the following circumstances:
2            (i) the employer is not committed to hiring the
3        person performing the work at the conclusion of the
4        intern's tenure;
5            (ii) the employer and the person performing the
6        work agree that the person is not entitled to wages for
7        the work performed; and
8            (iii) the work performed:
9                (I) supplements training given in an
10            educational environment that may enhance the
11            employability of the intern;
12                (II) provides experience for the benefit of
13            the person performing the work;
14                (III) does not displace regular employees;
15                (IV) is performed under the close supervision
16            of existing staff; and
17                (V) provides no immediate advantage to the
18            employer providing the training and may
19            occasionally impede the operations of the
20            employer.
21        (2) "Employee" does not include:
22            (a) (Blank);
23            (b) Individuals employed by persons who are not
24        "employers" as defined by this Act;
25            (c) Elected public officials or the members of
26        their immediate personal staffs;

 

 

HB4292- 9 -LRB101 16614 LNS 65998 b

1            (d) Principal administrative officers of the State
2        or of any political subdivision, municipal corporation
3        or other governmental unit or agency;
4            (e) A person in a vocational rehabilitation
5        facility certified under federal law who has been
6        designated an evaluee, trainee, or work activity
7        client.
8    (B) Employer.
9        (1) "Employer" includes:
10            (a) Any person employing one or more employees
11        within Illinois during 20 or more calendar weeks within
12        the calendar year of or preceding the alleged
13        violation;
14            (b) Any person employing one or more employees when
15        a complainant alleges civil rights violation due to
16        unlawful discrimination based upon his or her physical
17        or mental disability unrelated to ability, pregnancy,
18        or sexual harassment;
19            (c) The State and any political subdivision,
20        municipal corporation or other governmental unit or
21        agency, without regard to the number of employees;
22            (d) Any party to a public contract without regard
23        to the number of employees;
24            (e) A joint apprenticeship or training committee
25        without regard to the number of employees.
26        (2) "Employer" does not include any place of worship,

 

 

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1    religious corporation, association, educational
2    institution, society, or non-profit nursing institution
3    conducted by and for those who rely upon treatment by
4    prayer through spiritual means in accordance with the
5    tenets of a recognized church or religious denomination
6    with respect to the employment of individuals of a
7    particular religion to perform work connected with the
8    carrying on by such place of worship, corporation,
9    association, educational institution, society or
10    non-profit nursing institution of its activities.
11    (C) Employment Agency. "Employment Agency" includes both
12public and private employment agencies and any person, labor
13organization, or labor union having a hiring hall or hiring
14office regularly undertaking, with or without compensation, to
15procure opportunities to work, or to procure, recruit, refer or
16place employees.
17    (D) Labor Organization. "Labor Organization" includes any
18organization, labor union, craft union, or any voluntary
19unincorporated association designed to further the cause of the
20rights of union labor which is constituted for the purpose, in
21whole or in part, of collective bargaining or of dealing with
22employers concerning grievances, terms or conditions of
23employment, or apprenticeships or applications for
24apprenticeships, or of other mutual aid or protection in
25connection with employment, including apprenticeships or
26applications for apprenticeships.

 

 

HB4292- 11 -LRB101 16614 LNS 65998 b

1    (E) Sexual Harassment. "Sexual harassment" means any
2unwelcome sexual advances or requests for sexual favors or any
3conduct of a sexual nature when (1) submission to such conduct
4is made either explicitly or implicitly a term or condition of
5an individual's employment, (2) submission to or rejection of
6such conduct by an individual is used as the basis for
7employment decisions affecting such individual, or (3) such
8conduct has the purpose or effect of substantially interfering
9with an individual's work performance or creating an
10intimidating, hostile or offensive working environment.
11    For purposes of this definition, the phrase "working
12environment" is not limited to a physical location an employee
13is assigned to perform his or her duties.
14    (E-1) Harassment. "Harassment" means any unwelcome conduct
15on the basis of an individual's actual or perceived race,
16color, religion, national origin, ancestry, age, sex, marital
17status, order of protection status, disability, military
18status, sexual orientation, pregnancy, unfavorable discharge
19from military service, or citizenship status that has the
20purpose or effect of substantially interfering with the
21individual's work performance or creating an intimidating,
22hostile, or offensive working environment. For purposes of this
23definition, the phrase "working environment" is not limited to
24a physical location an employee is assigned to perform his or
25her duties.
26    (F) Religion. "Religion" with respect to employers

 

 

HB4292- 12 -LRB101 16614 LNS 65998 b

1includes all aspects of religious observance and practice, as
2well as belief, unless an employer demonstrates that he is
3unable to reasonably accommodate an employee's or prospective
4employee's religious observance or practice without undue
5hardship on the conduct of the employer's business.
6    (G) Public Employer. "Public employer" means the State, an
7agency or department thereof, unit of local government, school
8district, instrumentality or political subdivision.
9    (H) Public Employee. "Public employee" means an employee of
10the State, agency or department thereof, unit of local
11government, school district, instrumentality or political
12subdivision. "Public employee" does not include public
13officers or employees of the General Assembly or agencies
14thereof.
15    (I) Public Officer. "Public officer" means a person who is
16elected to office pursuant to the Constitution or a statute or
17ordinance, or who is appointed to an office which is
18established, and the qualifications and duties of which are
19prescribed, by the Constitution or a statute or ordinance, to
20discharge a public duty for the State, agency or department
21thereof, unit of local government, school district,
22instrumentality or political subdivision.
23    (J) Eligible Bidder. "Eligible bidder" means a person who,
24prior to contract award or prior to bid opening for State
25contracts for construction or construction-related services,
26has filed with the Department a properly completed, sworn and

 

 

HB4292- 13 -LRB101 16614 LNS 65998 b

1currently valid employer report form, pursuant to the
2Department's regulations. The provisions of this Article
3relating to eligible bidders apply only to bids on contracts
4with the State and its departments, agencies, boards, and
5commissions, and the provisions do not apply to bids on
6contracts with units of local government or school districts.
7    (K) Citizenship Status. "Citizenship status" means the
8status of being:
9        (1) a born U.S. citizen;
10        (2) a naturalized U.S. citizen;
11        (3) a U.S. national; or
12        (4) a person born outside the United States and not a
13    U.S. citizen who is not an unauthorized alien and who is
14    protected from discrimination under the provisions of
15    Section 1324b of Title 8 of the United States Code, as now
16    or hereafter amended.
17        (5) a person who is authorized by the federal
18    government to work in the United States.
19(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
20101-430, eff. 7-1-20; revised 9-18-19.)
 
21    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
22    Sec. 2-102. Civil rights violations - employment. It is a
23civil rights violation:
24        (A) Employers. For any employer to refuse to hire, to
25    segregate, to engage in harassment as defined in subsection

 

 

HB4292- 14 -LRB101 16614 LNS 65998 b

1    (E-1) of Section 2-101, or to act with respect to
2    recruitment, hiring, promotion, renewal of employment,
3    selection for training or apprenticeship, discharge,
4    discipline, tenure or terms, privileges or conditions of
5    employment on the basis of unlawful discrimination or
6    citizenship status. An employer is responsible for
7    harassment by the employer's nonmanagerial and
8    nonsupervisory employees only if the employer becomes
9    aware of the conduct and fails to take reasonable
10    corrective measures.
11        (A-5) Language. For an employer to impose a restriction
12    that has the effect of prohibiting a language from being
13    spoken by an employee in communications that are unrelated
14    to the employee's duties.
15        For the purposes of this subdivision (A-5), "language"
16    means a person's native tongue, such as Polish, Spanish, or
17    Chinese. "Language" does not include such things as slang,
18    jargon, profanity, or vulgarity.
19        (A-10) Harassment of nonemployees. For any employer,
20    employment agency, or labor organization to engage in
21    harassment of nonemployees in the workplace. An employer is
22    responsible for harassment of nonemployees by the
23    employer's nonmanagerial and nonsupervisory employees only
24    if the employer becomes aware of the conduct and fails to
25    take reasonable corrective measures. For the purposes of
26    this subdivision (A-10), "nonemployee" means a person who

 

 

HB4292- 15 -LRB101 16614 LNS 65998 b

1    is not otherwise an employee of the employer and is
2    directly performing services for the employer pursuant to a
3    contract with that employer. "Nonemployee" includes
4    contractors and consultants. This subdivision applies to
5    harassment occurring on or after the effective date of this
6    amendatory Act of the 101st General Assembly.
7        (B) Employment agency. For any employment agency to
8    fail or refuse to classify properly, accept applications
9    and register for employment referral or apprenticeship
10    referral, refer for employment, or refer for
11    apprenticeship on the basis of unlawful discrimination or
12    citizenship status or to accept from any person any job
13    order, requisition or request for referral of applicants
14    for employment or apprenticeship which makes or has the
15    effect of making unlawful discrimination or discrimination
16    on the basis of citizenship status a condition of referral.
17        (C) Labor organization. For any labor organization to
18    limit, segregate or classify its membership, or to limit
19    employment opportunities, selection and training for
20    apprenticeship in any trade or craft, or otherwise to take,
21    or fail to take, any action which affects adversely any
22    person's status as an employee or as an applicant for
23    employment or as an apprentice, or as an applicant for
24    apprenticeships, or wages, tenure, hours of employment or
25    apprenticeship conditions on the basis of unlawful
26    discrimination or citizenship status.

 

 

HB4292- 16 -LRB101 16614 LNS 65998 b

1        (D) Sexual harassment. For any employer, employee,
2    agent of any employer, employment agency or labor
3    organization to engage in sexual harassment; provided,
4    that an employer shall be responsible for sexual harassment
5    of the employer's employees by nonemployees or
6    nonmanagerial and nonsupervisory employees only if the
7    employer becomes aware of the conduct and fails to take
8    reasonable corrective measures.
9        (D-5) Sexual harassment of nonemployees. For any
10    employer, employee, agent of any employer, employment
11    agency, or labor organization to engage in sexual
12    harassment of nonemployees in the workplace. An employer is
13    responsible for sexual harassment of nonemployees by the
14    employer's nonmanagerial and nonsupervisory employees only
15    if the employer becomes aware of the conduct and fails to
16    take reasonable corrective measures. For the purposes of
17    this subdivision (D-5), "nonemployee" means a person who is
18    not otherwise an employee of the employer and is directly
19    performing services for the employer pursuant to a contract
20    with that employer. "Nonemployee" includes contractors and
21    consultants. This subdivision applies to sexual harassment
22    occurring on or after the effective date of this amendatory
23    Act of the 101st General Assembly.
24        (E) Public employers. For any public employer to refuse
25    to permit a public employee under its jurisdiction who
26    takes time off from work in order to practice his or her

 

 

HB4292- 17 -LRB101 16614 LNS 65998 b

1    religious beliefs to engage in work, during hours other
2    than such employee's regular working hours, consistent
3    with the operational needs of the employer and in order to
4    compensate for work time lost for such religious reasons.
5    Any employee who elects such deferred work shall be
6    compensated at the wage rate which he or she would have
7    earned during the originally scheduled work period. The
8    employer may require that an employee who plans to take
9    time off from work in order to practice his or her
10    religious beliefs provide the employer with a notice of his
11    or her intention to be absent from work not exceeding 5
12    days prior to the date of absence.
13        (E-5) Religious discrimination. For any employer to
14    impose upon a person as a condition of obtaining or
15    retaining employment, including opportunities for
16    promotion, advancement, or transfer, any terms or
17    conditions that would require such person to violate or
18    forgo a sincerely held practice of his or her religion
19    including, but not limited to, the wearing of any attire,
20    clothing, or facial hair in accordance with the
21    requirements of his or her religion, unless, after engaging
22    in a bona fide effort, the employer demonstrates that it is
23    unable to reasonably accommodate the employee's or
24    prospective employee's sincerely held religious belief,
25    practice, or observance without undue hardship on the
26    conduct of the employer's business.

 

 

HB4292- 18 -LRB101 16614 LNS 65998 b

1        Nothing in this Section prohibits an employer from
2    enacting a dress code or grooming policy that may include
3    restrictions on attire, clothing, or facial hair to
4    maintain workplace safety or food sanitation.
5        (F) Training and apprenticeship programs. For any
6    employer, employment agency or labor organization to
7    discriminate against a person on the basis of age in the
8    selection, referral for or conduct of apprenticeship or
9    training programs.
10        (G) Immigration-related practices.
11            (1) for an employer to request for purposes of
12        satisfying the requirements of Section 1324a(b) of
13        Title 8 of the United States Code, as now or hereafter
14        amended, more or different documents than are required
15        under such Section or to refuse to honor documents
16        tendered that on their face reasonably appear to be
17        genuine or to refuse to honor work authorization based
18        upon the specific status or term of status that
19        accompanies the authorization to work; or
20            (2) for an employer participating in the E-Verify
21        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
22        Programs for Employment Eligibility Confirmation
23        (enacted by PL 104-208, div. C title IV, subtitle A) to
24        refuse to hire, to segregate, or to act with respect to
25        recruitment, hiring, promotion, renewal of employment,
26        selection for training or apprenticeship, discharge,

 

 

HB4292- 19 -LRB101 16614 LNS 65998 b

1        discipline, tenure or terms, privileges or conditions
2        of employment without following the procedures under
3        the E-Verify Program.
4        (H) (Blank).
5        (I) Pregnancy. For an employer to refuse to hire, to
6    segregate, or to act with respect to recruitment, hiring,
7    promotion, renewal of employment, selection for training
8    or apprenticeship, discharge, discipline, tenure or terms,
9    privileges or conditions of employment on the basis of
10    pregnancy, childbirth, or medical or common conditions
11    related to pregnancy or childbirth. Women affected by
12    pregnancy, childbirth, or medical or common conditions
13    related to pregnancy or childbirth shall be treated the
14    same for all employment-related purposes, including
15    receipt of benefits under fringe benefit programs, as other
16    persons not so affected but similar in their ability or
17    inability to work, regardless of the source of the
18    inability to work or employment classification or status.
19        (J) Pregnancy; reasonable accommodations.
20            (1) If after a job applicant or employee, including
21        a part-time, full-time, or probationary employee,
22        requests a reasonable accommodation, for an employer
23        to not make reasonable accommodations for any medical
24        or common condition of a job applicant or employee
25        related to pregnancy or childbirth, unless the
26        employer can demonstrate that the accommodation would

 

 

HB4292- 20 -LRB101 16614 LNS 65998 b

1        impose an undue hardship on the ordinary operation of
2        the business of the employer. The employer may request
3        documentation from the employee's health care provider
4        concerning the need for the requested reasonable
5        accommodation or accommodations to the same extent
6        documentation is requested for conditions related to
7        disability if the employer's request for documentation
8        is job-related and consistent with business necessity.
9        The employer may require only the medical
10        justification for the requested accommodation or
11        accommodations, a description of the reasonable
12        accommodation or accommodations medically advisable,
13        the date the reasonable accommodation or
14        accommodations became medically advisable, and the
15        probable duration of the reasonable accommodation or
16        accommodations. It is the duty of the individual
17        seeking a reasonable accommodation or accommodations
18        to submit to the employer any documentation that is
19        requested in accordance with this paragraph.
20        Notwithstanding the provisions of this paragraph, the
21        employer may require documentation by the employee's
22        health care provider to determine compliance with
23        other laws. The employee and employer shall engage in a
24        timely, good faith, and meaningful exchange to
25        determine effective reasonable accommodations.
26            (2) For an employer to deny employment

 

 

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1        opportunities or benefits to or take adverse action
2        against an otherwise qualified job applicant or
3        employee, including a part-time, full-time, or
4        probationary employee, if the denial or adverse action
5        is based on the need of the employer to make reasonable
6        accommodations to the known medical or common
7        conditions related to the pregnancy or childbirth of
8        the applicant or employee.
9            (3) For an employer to require a job applicant or
10        employee, including a part-time, full-time, or
11        probationary employee, affected by pregnancy,
12        childbirth, or medical or common conditions related to
13        pregnancy or childbirth to accept an accommodation
14        when the applicant or employee did not request an
15        accommodation and the applicant or employee chooses
16        not to accept the employer's accommodation.
17            (4) For an employer to require an employee,
18        including a part-time, full-time, or probationary
19        employee, to take leave under any leave law or policy
20        of the employer if another reasonable accommodation
21        can be provided to the known medical or common
22        conditions related to the pregnancy or childbirth of an
23        employee. No employer shall fail or refuse to reinstate
24        the employee affected by pregnancy, childbirth, or
25        medical or common conditions related to pregnancy or
26        childbirth to her original job or to an equivalent

 

 

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1        position with equivalent pay and accumulated
2        seniority, retirement, fringe benefits, and other
3        applicable service credits upon her signifying her
4        intent to return or when her need for reasonable
5        accommodation ceases, unless the employer can
6        demonstrate that the accommodation would impose an
7        undue hardship on the ordinary operation of the
8        business of the employer.
9        For the purposes of this subdivision (J), "reasonable
10    accommodations" means reasonable modifications or
11    adjustments to the job application process or work
12    environment, or to the manner or circumstances under which
13    the position desired or held is customarily performed, that
14    enable an applicant or employee affected by pregnancy,
15    childbirth, or medical or common conditions related to
16    pregnancy or childbirth to be considered for the position
17    the applicant desires or to perform the essential functions
18    of that position, and may include, but is not limited to:
19    more frequent or longer bathroom breaks, breaks for
20    increased water intake, and breaks for periodic rest;
21    private non-bathroom space for expressing breast milk and
22    breastfeeding; seating; assistance with manual labor;
23    light duty; temporary transfer to a less strenuous or
24    hazardous position; the provision of an accessible
25    worksite; acquisition or modification of equipment; job
26    restructuring; a part-time or modified work schedule;

 

 

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1    appropriate adjustment or modifications of examinations,
2    training materials, or policies; reassignment to a vacant
3    position; time off to recover from conditions related to
4    childbirth; and leave necessitated by pregnancy,
5    childbirth, or medical or common conditions resulting from
6    pregnancy or childbirth.
7        For the purposes of this subdivision (J), "undue
8    hardship" means an action that is prohibitively expensive
9    or disruptive when considered in light of the following
10    factors: (i) the nature and cost of the accommodation
11    needed; (ii) the overall financial resources of the
12    facility or facilities involved in the provision of the
13    reasonable accommodation, the number of persons employed
14    at the facility, the effect on expenses and resources, or
15    the impact otherwise of the accommodation upon the
16    operation of the facility; (iii) the overall financial
17    resources of the employer, the overall size of the business
18    of the employer with respect to the number of its
19    employees, and the number, type, and location of its
20    facilities; and (iv) the type of operation or operations of
21    the employer, including the composition, structure, and
22    functions of the workforce of the employer, the geographic
23    separateness, administrative, or fiscal relationship of
24    the facility or facilities in question to the employer. The
25    employer has the burden of proving undue hardship. The fact
26    that the employer provides or would be required to provide

 

 

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1    a similar accommodation to similarly situated employees
2    creates a rebuttable presumption that the accommodation
3    does not impose an undue hardship on the employer.
4        No employer is required by this subdivision (J) to
5    create additional employment that the employer would not
6    otherwise have created, unless the employer does so or
7    would do so for other classes of employees who need
8    accommodation. The employer is not required to discharge
9    any employee, transfer any employee with more seniority, or
10    promote any employee who is not qualified to perform the
11    job, unless the employer does so or would do so to
12    accommodate other classes of employees who need it.
13        (K) Notice.
14            (1) For an employer to fail to post or keep posted
15        in a conspicuous location on the premises of the
16        employer where notices to employees are customarily
17        posted, or fail to include in any employee handbook
18        information concerning an employee's rights under this
19        Article, a notice, to be prepared or approved by the
20        Department, summarizing the requirements of this
21        Article and information pertaining to the filing of a
22        charge, including the right to be free from unlawful
23        discrimination, the right to be free from sexual
24        harassment, and the right to certain reasonable
25        accommodations. The Department shall make the
26        documents required under this paragraph available for

 

 

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1        retrieval from the Department's website.
2            (2) Upon notification of a violation of paragraph
3        (1) of this subdivision (K), the Department may launch
4        a preliminary investigation. If the Department finds a
5        violation, the Department may issue a notice to show
6        cause giving the employer 30 days to correct the
7        violation. If the violation is not corrected, the
8        Department may initiate a charge of a civil rights
9        violation.
10(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
11101-221, eff. 1-1-20.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.