| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | AN ACT concerning human rights.
| |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||
4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||||||||
5 | changing Sections 1-102, 2-101, 2-102, and 6-101 as follows: | |||||||||||||||||||||||||
6 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | |||||||||||||||||||||||||
7 | Sec. 1-102. Declaration of Policy. It is the public | |||||||||||||||||||||||||
8 | policy of this State:
| |||||||||||||||||||||||||
9 | (A) Freedom from Unlawful Discrimination. To secure for | |||||||||||||||||||||||||
10 | all individuals
within Illinois the freedom from | |||||||||||||||||||||||||
11 | discrimination against any individual because
of his or her | |||||||||||||||||||||||||
12 | race, color, religion, sex, national origin, ancestry, age, | |||||||||||||||||||||||||
13 | order of protection status,
marital status, physical or mental | |||||||||||||||||||||||||
14 | disability, military
status, sexual orientation, pregnancy, or | |||||||||||||||||||||||||
15 | unfavorable
discharge from military service in connection with | |||||||||||||||||||||||||
16 | employment, real estate
transactions, access to financial | |||||||||||||||||||||||||
17 | credit, and the availability of public
accommodations.
| |||||||||||||||||||||||||
18 | (B) Freedom from Sexual Harassment-Employment and | |||||||||||||||||||||||||
19 | Elementary, Secondary, and Higher Education.
To prevent sexual | |||||||||||||||||||||||||
20 | harassment in employment and sexual harassment in
elementary, | |||||||||||||||||||||||||
21 | secondary, and higher education.
| |||||||||||||||||||||||||
22 | (C) Freedom from Discrimination Based on Citizenship | |||||||||||||||||||||||||
23 | Status-Employment.
To prevent discrimination based on |
| |||||||
| |||||||
1 | citizenship status in employment.
| ||||||
2 | (C-5) Freedom from Discrimination Based on Work | ||||||
3 | Authorization Status-Employment. To prevent discrimination | ||||||
4 | based on the specific status or term of status that | ||||||
5 | accompanies a legal work authorization. | ||||||
6 | (D) Freedom from Discrimination Based on Familial | ||||||
7 | Status-Real Estate
Transactions. To prevent discrimination | ||||||
8 | based on familial status in real
estate transactions.
| ||||||
9 | (E) Public Health, Welfare and Safety. To promote the | ||||||
10 | public health,
welfare and safety by protecting the interest | ||||||
11 | of all people in Illinois
in maintaining personal dignity, in | ||||||
12 | realizing their full productive
capacities, and in furthering | ||||||
13 | their interests, rights and privileges as
citizens of this | ||||||
14 | State.
| ||||||
15 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
16 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
17 | of Article I
of the Illinois Constitution of 1970.
| ||||||
18 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
19 | Equal
Opportunity and Affirmative Action as the policies of | ||||||
20 | this State in all
of its decisions, programs and activities, | ||||||
21 | and to assure that all State
departments, boards, commissions | ||||||
22 | and instrumentalities rigorously take
affirmative action to | ||||||
23 | provide equality of opportunity and eliminate the
effects of | ||||||
24 | past discrimination in the internal affairs of State
| ||||||
25 | government and in their relations with the public.
| ||||||
26 | (H) Unfounded Charges. To protect citizens of this State |
| |||||||
| |||||||
1 | against
unfounded charges of unlawful discrimination, sexual | ||||||
2 | harassment in
employment and sexual harassment in elementary, | ||||||
3 | secondary, and higher education, and discrimination
based on | ||||||
4 | citizenship status or work authorization status in employment.
| ||||||
5 | (Source: P.A. 98-1050, eff. 1-1-15 .)
| ||||||
6 | (775 ILCS 5/2-101)
| ||||||
7 | Sec. 2-101. Definitions. The following definitions are | ||||||
8 | applicable
strictly in the context of this Article.
| ||||||
9 | (A) Employee.
| ||||||
10 | (1) "Employee" includes:
| ||||||
11 | (a) Any individual performing services for | ||||||
12 | remuneration within this
State for an employer;
| ||||||
13 | (b) An apprentice;
| ||||||
14 | (c) An applicant for any apprenticeship.
| ||||||
15 | For purposes of subsection (D) of Section 2-102 of | ||||||
16 | this Act, "employee" also includes an unpaid intern. An | ||||||
17 | unpaid intern is a person who performs work for an | ||||||
18 | employer under the following circumstances: | ||||||
19 | (i) the employer is not committed to hiring the | ||||||
20 | person performing the work at the conclusion of the | ||||||
21 | intern's tenure; | ||||||
22 | (ii) the employer and the person performing the | ||||||
23 | work agree that the person is not entitled to wages for | ||||||
24 | the work performed; and | ||||||
25 | (iii) the work performed: |
| |||||||
| |||||||
1 | (I) supplements training given in an | ||||||
2 | educational environment that may enhance the | ||||||
3 | employability of the intern; | ||||||
4 | (II) provides experience for the benefit of | ||||||
5 | the person performing the work; | ||||||
6 | (III) does not displace regular employees; | ||||||
7 | (IV) is performed under the close supervision | ||||||
8 | of existing staff; and | ||||||
9 | (V) provides no immediate advantage to the | ||||||
10 | employer providing the training and may
| ||||||
11 | occasionally impede the operations of the | ||||||
12 | employer. | ||||||
13 | (2) "Employee" does not include:
| ||||||
14 | (a) (Blank);
| ||||||
15 | (b) Individuals employed by persons who are not | ||||||
16 | "employers" as
defined by this Act;
| ||||||
17 | (c) Elected public officials or the members of | ||||||
18 | their immediate
personal staffs;
| ||||||
19 | (d) Principal administrative officers of the State | ||||||
20 | or of any
political subdivision, municipal corporation | ||||||
21 | or other governmental unit
or agency;
| ||||||
22 | (e) A person in a vocational rehabilitation | ||||||
23 | facility certified under
federal law who has been | ||||||
24 | designated an evaluee, trainee, or work
activity | ||||||
25 | client.
| ||||||
26 | (B) Employer.
|
| |||||||
| |||||||
1 | (1) "Employer" includes:
| ||||||
2 | (a) Any person employing one or more employees | ||||||
3 | within Illinois during
20 or more calendar weeks | ||||||
4 | within the calendar year of or preceding the alleged
| ||||||
5 | violation;
| ||||||
6 | (b) Any person employing one or more employees | ||||||
7 | when a complainant
alleges civil rights violation due | ||||||
8 | to unlawful discrimination based
upon his or her | ||||||
9 | physical or mental disability unrelated to ability, | ||||||
10 | pregnancy, or
sexual harassment;
| ||||||
11 | (c) The State and any political subdivision, | ||||||
12 | municipal corporation
or other governmental unit or | ||||||
13 | agency, without regard to the number of
employees;
| ||||||
14 | (d) Any party to a public contract without regard | ||||||
15 | to the number of
employees;
| ||||||
16 | (e) A joint apprenticeship or training committee | ||||||
17 | without regard to the
number of employees.
| ||||||
18 | (2) "Employer" does not include any place of worship, | ||||||
19 | religious corporation,
association, educational | ||||||
20 | institution, society, or non-profit nursing
institution | ||||||
21 | conducted by and for those who rely upon treatment by | ||||||
22 | prayer
through spiritual means in accordance with the | ||||||
23 | tenets of a recognized
church or religious denomination | ||||||
24 | with respect to the employment of
individuals of a | ||||||
25 | particular religion to perform work connected with the
| ||||||
26 | carrying on by such place of worship, corporation, |
| |||||||
| |||||||
1 | association, educational institution,
society or | ||||||
2 | non-profit nursing institution of its activities.
| ||||||
3 | (C) Employment Agency. "Employment Agency" includes both | ||||||
4 | public and
private employment agencies and any person, labor | ||||||
5 | organization, or labor
union having a hiring hall or hiring | ||||||
6 | office regularly undertaking, with
or without compensation, to | ||||||
7 | procure opportunities to work, or to
procure, recruit, refer | ||||||
8 | or place employees.
| ||||||
9 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
10 | organization, labor union, craft union, or any voluntary | ||||||
11 | unincorporated
association designed to further the cause of | ||||||
12 | the rights of union labor
which is constituted for the | ||||||
13 | purpose, in whole or in part, of collective
bargaining or of | ||||||
14 | dealing with employers concerning grievances, terms or
| ||||||
15 | conditions of employment, or apprenticeships or applications | ||||||
16 | for
apprenticeships, or of other mutual aid or protection in | ||||||
17 | connection with
employment, including apprenticeships or | ||||||
18 | applications for apprenticeships.
| ||||||
19 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
20 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
21 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
22 | is made either explicitly or implicitly
a term or condition of | ||||||
23 | an individual's employment, (2) submission to or
rejection of | ||||||
24 | such conduct by an individual is used as the basis for
| ||||||
25 | employment decisions affecting such individual, or (3) such | ||||||
26 | conduct has the
purpose or effect of substantially interfering |
| |||||||
| |||||||
1 | with an individual's work
performance or creating an | ||||||
2 | intimidating, hostile or offensive working
environment.
| ||||||
3 | For purposes of this definition, the phrase "working | ||||||
4 | environment" is not limited to a physical location an employee | ||||||
5 | is assigned to perform his or her duties. | ||||||
6 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
7 | on the basis of an individual's actual or perceived race, | ||||||
8 | color, religion, national origin, ancestry, age, sex, marital | ||||||
9 | status, order of protection status, disability, military | ||||||
10 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
11 | from military service, or citizenship status , or work | ||||||
12 | authorization status that has the purpose or effect of | ||||||
13 | substantially interfering with the individual's work | ||||||
14 | performance or creating an intimidating, hostile, or offensive | ||||||
15 | working environment. For purposes of this definition, the | ||||||
16 | phrase "working environment" is not limited to a physical | ||||||
17 | location an employee is assigned to perform his or her duties. | ||||||
18 | (F) Religion. "Religion" with respect to employers | ||||||
19 | includes all
aspects of religious observance and practice, as | ||||||
20 | well as belief, unless an
employer demonstrates that he is | ||||||
21 | unable to reasonably accommodate an
employee's or prospective | ||||||
22 | employee's religious observance or practice
without undue | ||||||
23 | hardship on the conduct of the employer's business.
| ||||||
24 | (G) Public Employer. "Public employer" means the State, an | ||||||
25 | agency or
department thereof, unit of local government, school | ||||||
26 | district,
instrumentality or political subdivision.
|
| |||||||
| |||||||
1 | (H) Public Employee. "Public employee" means an employee | ||||||
2 | of the State,
agency or department thereof, unit of local | ||||||
3 | government, school district,
instrumentality or political | ||||||
4 | subdivision. "Public employee" does not include
public | ||||||
5 | officers or employees of the General Assembly or agencies | ||||||
6 | thereof.
| ||||||
7 | (I) Public Officer. "Public officer" means a person who is | ||||||
8 | elected to
office pursuant to the Constitution or a statute or | ||||||
9 | ordinance, or who is
appointed to an office which is | ||||||
10 | established, and the qualifications and
duties of which are | ||||||
11 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
12 | discharge a public duty for the State, agency or department
| ||||||
13 | thereof, unit of local government, school district, | ||||||
14 | instrumentality or
political subdivision.
| ||||||
15 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
16 | prior to contract award or prior to bid opening for State | ||||||
17 | contracts for construction or construction-related services, | ||||||
18 | has filed with the Department a properly completed, sworn and
| ||||||
19 | currently valid employer report form, pursuant to the | ||||||
20 | Department's regulations.
The provisions of this Article | ||||||
21 | relating to eligible bidders apply only
to bids on contracts | ||||||
22 | with the State and its departments, agencies, boards,
and | ||||||
23 | commissions, and the provisions do not apply to bids on | ||||||
24 | contracts with
units of local government or school districts.
| ||||||
25 | (K) Citizenship Status. "Citizenship status" means the | ||||||
26 | status of being:
|
| |||||||
| |||||||
1 | (1) a born U.S. citizen;
| ||||||
2 | (2) a naturalized U.S. citizen;
| ||||||
3 | (3) a U.S. national; or
| ||||||
4 | (4) a person born outside the United States and not a | ||||||
5 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
6 | protected from discrimination under
the provisions of | ||||||
7 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
8 | or hereafter amended.
| ||||||
9 | (L) Work Authorization Status. "Work authorization status" | ||||||
10 | means the status of being a person born outside of the United | ||||||
11 | States, and not a U.S. citizen, who is authorized by the | ||||||
12 | federal government to work in the United States. | ||||||
13 | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | ||||||
14 | 101-430, eff. 7-1-20; revised 8-4-20.)
| ||||||
15 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| ||||||
16 | Sec. 2-102. Civil rights violations - employment. It is a | ||||||
17 | civil
rights violation:
| ||||||
18 | (A) Employers. For any employer to refuse to hire, to | ||||||
19 | segregate, to engage in harassment as defined in | ||||||
20 | subsection (E-1) of Section 2-101, or
to act with respect | ||||||
21 | to recruitment, hiring, promotion, renewal of employment,
| ||||||
22 | selection for training or apprenticeship, discharge, | ||||||
23 | discipline, tenure or
terms, privileges or conditions of | ||||||
24 | employment on the basis of unlawful
discrimination , or | ||||||
25 | citizenship status , or work authorization status . An |
| |||||||
| |||||||
1 | employer is responsible for harassment by the employer's | ||||||
2 | nonmanagerial and nonsupervisory employees only if the | ||||||
3 | employer becomes aware of the conduct and fails to take | ||||||
4 | reasonable corrective measures.
| ||||||
5 | (A-5) Language. For an employer to impose a | ||||||
6 | restriction that has the
effect of prohibiting a language | ||||||
7 | from being spoken by an employee in
communications that | ||||||
8 | are unrelated to the employee's duties.
| ||||||
9 | For the purposes of this subdivision (A-5), "language" | ||||||
10 | means a person's
native tongue, such as Polish, Spanish, | ||||||
11 | or
Chinese.
"Language" does not include such things as | ||||||
12 | slang, jargon, profanity, or
vulgarity.
| ||||||
13 | (A-10) Harassment of nonemployees. For any employer, | ||||||
14 | employment agency, or labor organization to engage in | ||||||
15 | harassment of nonemployees in the workplace. An employer | ||||||
16 | is responsible for harassment of nonemployees by the | ||||||
17 | employer's nonmanagerial and nonsupervisory employees only | ||||||
18 | if the employer becomes aware of the conduct and fails to | ||||||
19 | take reasonable corrective measures. For the purposes of | ||||||
20 | this subdivision (A-10), "nonemployee" means a person who | ||||||
21 | is not otherwise an employee of the employer and is | ||||||
22 | directly performing services for the employer pursuant to | ||||||
23 | a contract with that employer. "Nonemployee" includes | ||||||
24 | contractors and consultants. This subdivision applies to | ||||||
25 | harassment occurring on or after the effective date of | ||||||
26 | this amendatory Act of the 101st General Assembly. |
| |||||||
| |||||||
1 | (B) Employment agency. For any employment agency to | ||||||
2 | fail or refuse
to classify properly, accept applications | ||||||
3 | and register for employment
referral or apprenticeship | ||||||
4 | referral, refer for employment, or refer for
| ||||||
5 | apprenticeship on the basis of unlawful discrimination , or | ||||||
6 | citizenship
status , or work authorization status or to | ||||||
7 | accept from any person any job order, requisition or | ||||||
8 | request
for referral of applicants for employment or | ||||||
9 | apprenticeship which makes or
has the effect of making | ||||||
10 | unlawful discrimination or discrimination on the
basis of | ||||||
11 | citizenship status or work authorization status a | ||||||
12 | condition of referral.
| ||||||
13 | (C) Labor organization. For any labor organization to | ||||||
14 | limit,
segregate or classify its membership, or to limit | ||||||
15 | employment
opportunities, selection and training for | ||||||
16 | apprenticeship in any trade or
craft, or otherwise to | ||||||
17 | take, or fail to take, any action which affects
adversely | ||||||
18 | any person's status as an employee or as an applicant for
| ||||||
19 | employment or as an apprentice, or as an applicant for | ||||||
20 | apprenticeships,
or wages, tenure, hours of employment or | ||||||
21 | apprenticeship conditions on the
basis of unlawful | ||||||
22 | discrimination , or citizenship status , or work | ||||||
23 | authorization status .
| ||||||
24 | (D) Sexual harassment. For any employer, employee, | ||||||
25 | agent of any employer,
employment agency or labor | ||||||
26 | organization to engage in sexual harassment;
provided, |
| |||||||
| |||||||
1 | that an employer shall be responsible for sexual | ||||||
2 | harassment
of the employer's employees by nonemployees or | ||||||
3 | nonmanagerial and nonsupervisory
employees only if the | ||||||
4 | employer becomes aware of the conduct and fails to
take | ||||||
5 | reasonable corrective measures.
| ||||||
6 | (D-5) Sexual harassment of nonemployees. For any | ||||||
7 | employer, employee, agent of any employer, employment | ||||||
8 | agency, or labor organization to engage in sexual | ||||||
9 | harassment of nonemployees in the workplace. An employer | ||||||
10 | is responsible for sexual harassment of nonemployees by | ||||||
11 | the employer's nonmanagerial and nonsupervisory employees | ||||||
12 | only if the employer becomes aware of the conduct and | ||||||
13 | fails to take reasonable corrective measures. For the | ||||||
14 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
15 | person who is not otherwise an employee of the employer | ||||||
16 | and is directly performing services for the employer | ||||||
17 | pursuant to a contract with that employer. "Nonemployee" | ||||||
18 | includes contractors and consultants. This subdivision | ||||||
19 | applies to sexual harassment occurring on or after the | ||||||
20 | effective date of this amendatory Act of the 101st General | ||||||
21 | Assembly. | ||||||
22 | (E) Public employers. For any public employer to | ||||||
23 | refuse to permit a
public employee under its jurisdiction | ||||||
24 | who takes time off from work in
order to practice his or | ||||||
25 | her religious beliefs to engage in work, during hours
| ||||||
26 | other than such employee's regular working hours, |
| |||||||
| |||||||
1 | consistent with the
operational needs of the employer and | ||||||
2 | in order to compensate for work time
lost for such | ||||||
3 | religious reasons. Any employee who elects such deferred
| ||||||
4 | work shall be compensated at the wage rate which he or she | ||||||
5 | would have
earned during the originally scheduled work | ||||||
6 | period. The employer may
require that an employee who | ||||||
7 | plans to take time off from work in order to
practice his | ||||||
8 | or her religious beliefs provide the employer with a | ||||||
9 | notice of
his or her intention to be absent from work not | ||||||
10 | exceeding 5 days prior to
the date of absence.
| ||||||
11 | (E-5) Religious discrimination. For any employer to | ||||||
12 | impose upon a person as a condition of obtaining or | ||||||
13 | retaining employment, including opportunities for | ||||||
14 | promotion, advancement, or transfer, any terms or | ||||||
15 | conditions that would require such person to violate or | ||||||
16 | forgo a sincerely held practice of his or her religion | ||||||
17 | including, but not limited to, the wearing of any attire, | ||||||
18 | clothing, or facial hair in accordance with the | ||||||
19 | requirements of his or her religion, unless, after | ||||||
20 | engaging in a bona fide effort, the employer demonstrates | ||||||
21 | that it is unable to reasonably accommodate the employee's | ||||||
22 | or prospective employee's sincerely held religious belief, | ||||||
23 | practice, or observance without undue hardship on the | ||||||
24 | conduct of the employer's business. | ||||||
25 | Nothing in this Section prohibits an employer from | ||||||
26 | enacting a dress code or grooming policy that may include |
| |||||||
| |||||||
1 | restrictions on attire, clothing, or facial hair to | ||||||
2 | maintain workplace safety or food sanitation. | ||||||
3 | (F) Training and apprenticeship programs. For any | ||||||
4 | employer,
employment agency or labor organization to | ||||||
5 | discriminate against a person on
the basis of age in the | ||||||
6 | selection, referral for or conduct of apprenticeship
or | ||||||
7 | training programs.
| ||||||
8 | (G) Immigration-related practices. | ||||||
9 | (1) for an employer to request for
purposes of | ||||||
10 | satisfying the requirements of Section 1324a(b) of | ||||||
11 | Title 8 of
the United States Code, as now or hereafter | ||||||
12 | amended, more or different
documents than are required | ||||||
13 | under such Section or to refuse to honor
documents | ||||||
14 | tendered that on their face reasonably appear to be | ||||||
15 | genuine or to refuse to honor work authorization based | ||||||
16 | upon the specific status or term of status that | ||||||
17 | accompanies the authorization to work ; or
| ||||||
18 | (2) for an employer participating in the E-Verify | ||||||
19 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
20 | Programs for Employment Eligibility Confirmation | ||||||
21 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
22 | refuse to hire, to segregate, or to act with respect to | ||||||
23 | recruitment, hiring, promotion, renewal of employment, | ||||||
24 | selection for training or apprenticeship, discharge, | ||||||
25 | discipline, tenure or terms, privileges or conditions | ||||||
26 | of employment without following the procedures under |
| |||||||
| |||||||
1 | the E-Verify Program. | ||||||
2 | (H) (Blank).
| ||||||
3 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
4 | segregate, or to act with respect to recruitment, hiring, | ||||||
5 | promotion, renewal of employment, selection for training | ||||||
6 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
7 | privileges or conditions of employment on the basis of | ||||||
8 | pregnancy, childbirth, or medical or common conditions | ||||||
9 | related to pregnancy or childbirth. Women affected by | ||||||
10 | pregnancy, childbirth, or medical or common conditions | ||||||
11 | related to pregnancy or childbirth shall be treated the | ||||||
12 | same for all employment-related purposes, including | ||||||
13 | receipt of benefits under fringe benefit programs, as | ||||||
14 | other persons not so affected but similar in their ability | ||||||
15 | or inability to work, regardless of the source of the | ||||||
16 | inability to work or employment classification or status. | ||||||
17 | (J) Pregnancy; reasonable accommodations. | ||||||
18 | (1) If after a job applicant or employee, | ||||||
19 | including a part-time, full-time, or probationary | ||||||
20 | employee, requests a reasonable accommodation, for an | ||||||
21 | employer to not make reasonable accommodations for any | ||||||
22 | medical or common condition of a job applicant or | ||||||
23 | employee related to pregnancy or childbirth, unless | ||||||
24 | the employer can demonstrate that the accommodation | ||||||
25 | would impose an undue hardship on the ordinary | ||||||
26 | operation of the business of the employer. The |
| |||||||
| |||||||
1 | employer may request documentation from the employee's | ||||||
2 | health care provider concerning the need for the | ||||||
3 | requested reasonable accommodation or accommodations | ||||||
4 | to the same extent documentation is requested for | ||||||
5 | conditions related to disability if the employer's | ||||||
6 | request for documentation is job-related and | ||||||
7 | consistent with business necessity. The employer may | ||||||
8 | require only the medical justification for the | ||||||
9 | requested accommodation or accommodations, a | ||||||
10 | description of the reasonable accommodation or | ||||||
11 | accommodations medically advisable, the date the | ||||||
12 | reasonable accommodation or accommodations became | ||||||
13 | medically advisable, and the probable duration of the | ||||||
14 | reasonable accommodation or accommodations. It is the | ||||||
15 | duty of the individual seeking a reasonable | ||||||
16 | accommodation or accommodations to submit to the | ||||||
17 | employer any documentation that is requested in | ||||||
18 | accordance with this paragraph. Notwithstanding the | ||||||
19 | provisions of this paragraph, the employer may require | ||||||
20 | documentation by the employee's health care provider | ||||||
21 | to determine compliance with other laws. The employee | ||||||
22 | and employer shall engage in a timely, good faith, and | ||||||
23 | meaningful exchange to determine effective reasonable | ||||||
24 | accommodations. | ||||||
25 | (2) For an employer to deny employment | ||||||
26 | opportunities or benefits to or take adverse action |
| |||||||
| |||||||
1 | against an otherwise qualified job applicant or | ||||||
2 | employee, including a part-time, full-time, or | ||||||
3 | probationary employee, if the denial or adverse action | ||||||
4 | is based on the need of the employer to make reasonable | ||||||
5 | accommodations to the known medical or common | ||||||
6 | conditions related to the pregnancy or childbirth of | ||||||
7 | the applicant or employee. | ||||||
8 | (3) For an employer to require a job applicant or | ||||||
9 | employee, including a part-time, full-time, or | ||||||
10 | probationary employee, affected by pregnancy, | ||||||
11 | childbirth, or medical or common conditions related to | ||||||
12 | pregnancy or childbirth to accept an accommodation | ||||||
13 | when the applicant or employee did not request an | ||||||
14 | accommodation and the applicant or employee chooses | ||||||
15 | not to accept the employer's accommodation. | ||||||
16 | (4) For an employer to require an employee, | ||||||
17 | including a part-time, full-time, or probationary | ||||||
18 | employee, to take leave under any leave law or policy | ||||||
19 | of the employer if another reasonable accommodation | ||||||
20 | can be provided to the known medical or common | ||||||
21 | conditions related to the pregnancy or childbirth of | ||||||
22 | an employee. No employer shall fail or refuse to | ||||||
23 | reinstate the employee affected by pregnancy, | ||||||
24 | childbirth, or medical or common conditions related to | ||||||
25 | pregnancy or childbirth to her original job or to an | ||||||
26 | equivalent position with equivalent pay and |
| |||||||
| |||||||
1 | accumulated seniority, retirement, fringe benefits, | ||||||
2 | and other applicable service credits upon her | ||||||
3 | signifying her intent to return or when her need for | ||||||
4 | reasonable accommodation ceases, unless the employer | ||||||
5 | can demonstrate that the accommodation would impose an | ||||||
6 | undue hardship on the ordinary operation of the | ||||||
7 | business of the employer. | ||||||
8 | For the purposes of this subdivision (J), "reasonable | ||||||
9 | accommodations" means reasonable modifications or | ||||||
10 | adjustments to the job application process or work | ||||||
11 | environment, or to the manner or circumstances under which | ||||||
12 | the position desired or held is customarily performed, | ||||||
13 | that enable an applicant or employee affected by | ||||||
14 | pregnancy, childbirth, or medical or common conditions | ||||||
15 | related to pregnancy or childbirth to be considered for | ||||||
16 | the position the applicant desires or to perform the | ||||||
17 | essential functions of that position, and may include, but | ||||||
18 | is not limited to: more frequent or longer bathroom | ||||||
19 | breaks, breaks for increased water intake, and breaks for | ||||||
20 | periodic rest; private non-bathroom space for expressing | ||||||
21 | breast milk and breastfeeding; seating; assistance with | ||||||
22 | manual labor; light duty; temporary transfer to a less | ||||||
23 | strenuous or hazardous position; the provision of an | ||||||
24 | accessible worksite; acquisition or modification of | ||||||
25 | equipment; job restructuring; a part-time or modified work | ||||||
26 | schedule; appropriate adjustment or modifications of |
| |||||||
| |||||||
1 | examinations, training materials, or policies; | ||||||
2 | reassignment to a vacant position; time off to recover | ||||||
3 | from conditions related to childbirth; and leave | ||||||
4 | necessitated by pregnancy, childbirth, or medical or | ||||||
5 | common conditions resulting from pregnancy or childbirth. | ||||||
6 | For the purposes of this subdivision (J), "undue | ||||||
7 | hardship" means an action that is prohibitively expensive | ||||||
8 | or disruptive when considered in light of the following | ||||||
9 | factors: (i) the nature and cost of the accommodation | ||||||
10 | needed; (ii) the overall financial resources of the | ||||||
11 | facility or facilities involved in the provision of the | ||||||
12 | reasonable accommodation, the number of persons employed | ||||||
13 | at the facility, the effect on expenses and resources, or | ||||||
14 | the impact otherwise of the accommodation upon the | ||||||
15 | operation of the facility; (iii) the overall financial | ||||||
16 | resources of the employer, the overall size of the | ||||||
17 | business of the employer with respect to the number of its | ||||||
18 | employees, and the number, type, and location of its | ||||||
19 | facilities; and (iv) the type of operation or operations | ||||||
20 | of the employer, including the composition, structure, and | ||||||
21 | functions of the workforce of the employer, the geographic | ||||||
22 | separateness, administrative, or fiscal relationship of | ||||||
23 | the facility or facilities in question to the employer. | ||||||
24 | The employer has the burden of proving undue hardship. The | ||||||
25 | fact that the employer provides or would be required to | ||||||
26 | provide a similar accommodation to similarly situated |
| |||||||
| |||||||
1 | employees creates a rebuttable presumption that the | ||||||
2 | accommodation does not impose an undue hardship on the | ||||||
3 | 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, | ||||||
10 | or promote any employee who is not qualified to perform | ||||||
11 | the 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 |
| |||||||
| |||||||
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; | ||||||
11 | 101-221, eff. 1-1-20 .)
| ||||||
12 | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| ||||||
13 | Sec. 6-101. Additional Civil Rights Violations. It is a | ||||||
14 | civil rights
violation for a person, or for 2 two or more | ||||||
15 | persons to conspire, to:
| ||||||
16 | (A) Retaliation. Retaliate against a person because he | ||||||
17 | or she has
opposed that which he or she reasonably and in | ||||||
18 | good faith believes to be
unlawful discrimination, sexual | ||||||
19 | harassment in employment or sexual
harassment in | ||||||
20 | elementary, secondary, and higher
education, or | ||||||
21 | discrimination based on citizenship status or work | ||||||
22 | authorization status
in employment, because he or she has | ||||||
23 | made a charge, filed a complaint,
testified, assisted, or | ||||||
24 | participated in an investigation, proceeding, or
hearing | ||||||
25 | under this Act, or because he or she has requested, |
| |||||||
| |||||||
1 | attempted to request, used, or attempted to use a | ||||||
2 | reasonable accommodation as allowed by this Act;
| ||||||
3 | (B) Aiding and Abetting; Coercion. Aid, abet, compel | ||||||
4 | or coerce a
person to commit any violation of this Act;
| ||||||
5 | (C) Interference. Wilfully interfere with the | ||||||
6 | performance of a duty
or the exercise of a power by the | ||||||
7 | Commission or one of its members or
representatives or the | ||||||
8 | Department or one of its officers or employees.
| ||||||
9 | Definitions. For the purposes of this Section, "sexual
| ||||||
10 | harassment" , and "citizenship status" , and "work authorization | ||||||
11 | status" shall have the same meaning as defined in
Section | ||||||
12 | 2-101 of this Act.
| ||||||
13 | (Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15 .)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|