|
Sen. Ram Villivalam
Filed: 4/28/2021
| | 10200HB0121sam001 | | LRB102 02562 LNS 24460 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 121
|
2 | | AMENDMENT NO. ______. Amend House Bill 121 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Illinois Human Rights Act is amended by |
5 | | changing Sections 1-102, 2-101, 2-102, 2-104, and 6-101 as |
6 | | follows: |
7 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) |
8 | | Sec. 1-102. Declaration of Policy. It is the public |
9 | | policy of this State:
|
10 | | (A) Freedom from Unlawful Discrimination. To secure for |
11 | | all individuals
within Illinois the freedom from |
12 | | discrimination against any individual because
of his or her |
13 | | race, color, religion, sex, national origin, ancestry, age, |
14 | | order of protection status,
marital status, physical or mental |
15 | | disability, military
status, sexual orientation, pregnancy, or |
16 | | unfavorable
discharge from military service in connection with |
|
| | 10200HB0121sam001 | - 2 - | LRB102 02562 LNS 24460 a |
|
|
1 | | employment, real estate
transactions, access to financial |
2 | | credit, and the availability of public
accommodations.
|
3 | | (B) Freedom from Sexual Harassment-Employment and |
4 | | Elementary, Secondary, and Higher Education.
To prevent sexual |
5 | | harassment in employment and sexual harassment in
elementary, |
6 | | secondary, and higher education.
|
7 | | (C) Freedom from Discrimination Based on Citizenship |
8 | | Status-Employment.
To prevent discrimination based on |
9 | | citizenship status in employment.
|
10 | | (C-5) Freedom from Discrimination Based on Work |
11 | | Authorization Status-Employment. To prevent discrimination |
12 | | based on the specific status or term of status that |
13 | | accompanies a legal work authorization. |
14 | | (D) Freedom from Discrimination Based on Familial |
15 | | Status-Real Estate
Transactions. To prevent discrimination |
16 | | based on familial status in real
estate transactions.
|
17 | | (E) Public Health, Welfare and Safety. To promote the |
18 | | public health,
welfare and safety by protecting the interest |
19 | | of all people in Illinois
in maintaining personal dignity, in |
20 | | realizing their full productive
capacities, and in furthering |
21 | | their interests, rights and privileges as
citizens of this |
22 | | State.
|
23 | | (F) Implementation of Constitutional Guarantees. To secure |
24 | | and
guarantee the rights established by Sections 17, 18 and 19 |
25 | | of Article I
of the Illinois Constitution of 1970.
|
26 | | (G) Equal Opportunity, Affirmative Action. To establish |
|
| | 10200HB0121sam001 | - 3 - | LRB102 02562 LNS 24460 a |
|
|
1 | | Equal
Opportunity and Affirmative Action as the policies of |
2 | | this State in all
of its decisions, programs and activities, |
3 | | and to assure that all State
departments, boards, commissions |
4 | | and instrumentalities rigorously take
affirmative action to |
5 | | provide equality of opportunity and eliminate the
effects of |
6 | | past discrimination in the internal affairs of State
|
7 | | government and in their relations with the public.
|
8 | | (H) Unfounded Charges. To protect citizens of this State |
9 | | against
unfounded charges of unlawful discrimination, sexual |
10 | | harassment in
employment and sexual harassment in elementary, |
11 | | secondary, and higher education, and discrimination
based on |
12 | | citizenship status or work authorization status in employment.
|
13 | | (Source: P.A. 98-1050, eff. 1-1-15 .)
|
14 | | (775 ILCS 5/2-101)
|
15 | | Sec. 2-101. Definitions. The following definitions are |
16 | | applicable
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 |
24 | | this Act, "employee" also includes an unpaid intern. An |
25 | | unpaid intern is a person who performs work for an |
|
| | 10200HB0121sam001 | - 4 - | LRB102 02562 LNS 24460 a |
|
|
1 | | employer under 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;
|
|
| | 10200HB0121sam001 | - 5 - | LRB102 02562 LNS 24460 a |
|
|
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 |
12 | | within the calendar year of or preceding the alleged
|
13 | | violation;
|
14 | | (b) Any person employing one or more employees |
15 | | when a complainant
alleges civil rights violation due |
16 | | to unlawful discrimination based
upon his or her |
17 | | physical or mental disability unrelated to ability, |
18 | | pregnancy, 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, |
|
| | 10200HB0121sam001 | - 6 - | LRB102 02562 LNS 24460 a |
|
|
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 |
12 | | public and
private employment agencies and any person, labor |
13 | | organization, or labor
union having a hiring hall or hiring |
14 | | office regularly undertaking, with
or without compensation, to |
15 | | procure opportunities to work, or to
procure, recruit, refer |
16 | | or place employees.
|
17 | | (D) Labor Organization. "Labor Organization" includes any
|
18 | | organization, labor union, craft union, or any voluntary |
19 | | unincorporated
association designed to further the cause of |
20 | | the rights of union labor
which is constituted for the |
21 | | purpose, in whole or in part, of collective
bargaining or of |
22 | | dealing with employers concerning grievances, terms or
|
23 | | conditions of employment, or apprenticeships or applications |
24 | | for
apprenticeships, or of other mutual aid or protection in |
25 | | connection with
employment, including apprenticeships or |
26 | | applications for apprenticeships.
|
|
| | 10200HB0121sam001 | - 7 - | LRB102 02562 LNS 24460 a |
|
|
1 | | (E) Sexual Harassment. "Sexual harassment" means any |
2 | | unwelcome sexual
advances or requests for sexual favors or any |
3 | | conduct of a sexual nature
when (1) submission to such conduct |
4 | | is made either explicitly or implicitly
a term or condition of |
5 | | an individual's employment, (2) submission to or
rejection of |
6 | | such conduct by an individual is used as the basis for
|
7 | | employment decisions affecting such individual, or (3) such |
8 | | conduct has the
purpose or effect of substantially interfering |
9 | | with an individual's work
performance or creating an |
10 | | intimidating, hostile or offensive working
environment.
|
11 | | For purposes of this definition, the phrase "working |
12 | | environment" is not limited to a physical location an employee |
13 | | is assigned to perform his or her duties. |
14 | | (E-1) Harassment. "Harassment" means any unwelcome conduct |
15 | | on the basis of an individual's actual or perceived race, |
16 | | color, religion, national origin, ancestry, age, sex, marital |
17 | | status, order of protection status, disability, military |
18 | | status, sexual orientation, pregnancy, unfavorable discharge |
19 | | from military service, or citizenship status , or work |
20 | | authorization status that has the purpose or effect of |
21 | | substantially interfering with the individual's work |
22 | | performance or creating an intimidating, hostile, or offensive |
23 | | working environment. For purposes of this definition, the |
24 | | phrase "working environment" is not limited to a physical |
25 | | location an employee is assigned to perform his or her duties. |
26 | | (F) Religion. "Religion" with respect to employers |
|
| | 10200HB0121sam001 | - 8 - | LRB102 02562 LNS 24460 a |
|
|
1 | | includes all
aspects of religious observance and practice, as |
2 | | well as belief, unless an
employer demonstrates that he is |
3 | | unable to reasonably accommodate an
employee's or prospective |
4 | | employee's religious observance or practice
without undue |
5 | | hardship on the conduct of the employer's business.
|
6 | | (G) Public Employer. "Public employer" means the State, an |
7 | | agency or
department thereof, unit of local government, school |
8 | | district,
instrumentality or political subdivision.
|
9 | | (H) Public Employee. "Public employee" means an employee |
10 | | of the State,
agency or department thereof, unit of local |
11 | | government, school district,
instrumentality or political |
12 | | subdivision. "Public employee" does not include
public |
13 | | officers or employees of the General Assembly or agencies |
14 | | thereof.
|
15 | | (I) Public Officer. "Public officer" means a person who is |
16 | | elected to
office pursuant to the Constitution or a statute or |
17 | | ordinance, or who is
appointed to an office which is |
18 | | established, and the qualifications and
duties of which are |
19 | | prescribed, by the Constitution or a statute or
ordinance, to |
20 | | discharge a public duty for the State, agency or department
|
21 | | thereof, unit of local government, school district, |
22 | | instrumentality or
political subdivision.
|
23 | | (J) Eligible Bidder. "Eligible bidder" means a person who, |
24 | | prior to contract award or prior to bid opening for State |
25 | | contracts for construction or construction-related services, |
26 | | has filed with the Department a properly completed, sworn and
|
|
| | 10200HB0121sam001 | - 9 - | LRB102 02562 LNS 24460 a |
|
|
1 | | currently valid employer report form, pursuant to the |
2 | | Department's regulations.
The provisions of this Article |
3 | | relating to eligible bidders apply only
to bids on contracts |
4 | | with the State and its departments, agencies, boards,
and |
5 | | commissions, and the provisions do not apply to bids on |
6 | | contracts with
units of local government or school districts.
|
7 | | (K) Citizenship Status. "Citizenship status" means the |
8 | | status 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 | | (L) Work Authorization Status. "Work authorization status" |
18 | | means the status of being a person born outside of the United |
19 | | States, and not a U.S. citizen, who is authorized by the |
20 | | federal government to work in the United States. |
21 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; |
22 | | 101-430, eff. 7-1-20; revised 8-4-20.)
|
23 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
|
24 | | Sec. 2-102. Civil rights violations - employment. It is a |
25 | | civil
rights violation:
|
|
| | 10200HB0121sam001 | - 10 - | LRB102 02562 LNS 24460 a |
|
|
1 | | (A) Employers. For any employer to refuse to hire, to |
2 | | segregate, to engage in harassment as defined in |
3 | | subsection (E-1) of Section 2-101, or
to act with respect |
4 | | to recruitment, hiring, promotion, renewal of employment,
|
5 | | selection for training or apprenticeship, discharge, |
6 | | discipline, tenure or
terms, privileges or conditions of |
7 | | employment on the basis of unlawful
discrimination , or |
8 | | citizenship status , or work authorization status . An |
9 | | employer is responsible for harassment by the employer's |
10 | | nonmanagerial and nonsupervisory employees only if the |
11 | | employer becomes aware of the conduct and fails to take |
12 | | reasonable corrective measures.
|
13 | | (A-5) Language. For an employer to impose a |
14 | | restriction that has the
effect of prohibiting a language |
15 | | from being spoken by an employee in
communications that |
16 | | are unrelated to the employee's duties.
|
17 | | For the purposes of this subdivision (A-5), "language" |
18 | | means a person's
native tongue, such as Polish, Spanish, |
19 | | or
Chinese.
"Language" does not include such things as |
20 | | slang, jargon, profanity, or
vulgarity.
|
21 | | (A-10) Harassment of nonemployees. For any employer, |
22 | | employment agency, or labor organization to engage in |
23 | | harassment of nonemployees in the workplace. An employer |
24 | | is responsible for harassment of nonemployees by the |
25 | | employer's nonmanagerial and nonsupervisory employees only |
26 | | if the employer becomes aware of the conduct and fails to |
|
| | 10200HB0121sam001 | - 11 - | LRB102 02562 LNS 24460 a |
|
|
1 | | take reasonable corrective measures. For the purposes of |
2 | | this subdivision (A-10), "nonemployee" means a person who |
3 | | is not otherwise an employee of the employer and is |
4 | | directly performing services for the employer pursuant to |
5 | | a contract with that employer. "Nonemployee" includes |
6 | | contractors and consultants. This subdivision applies to |
7 | | harassment occurring on or after the effective date of |
8 | | this amendatory Act of the 101st General Assembly. |
9 | | (B) Employment agency. For any employment agency to |
10 | | fail or refuse
to classify properly, accept applications |
11 | | and register for employment
referral or apprenticeship |
12 | | referral, refer for employment, or refer for
|
13 | | apprenticeship on the basis of unlawful discrimination , or |
14 | | citizenship
status , or work authorization status or to |
15 | | accept from any person any job order, requisition or |
16 | | request
for referral of applicants for employment or |
17 | | apprenticeship which makes or
has the effect of making |
18 | | unlawful discrimination or discrimination on the
basis of |
19 | | citizenship status or work authorization status a |
20 | | condition of referral.
|
21 | | (C) Labor organization. For any labor organization to |
22 | | limit,
segregate or classify its membership, or to limit |
23 | | employment
opportunities, selection and training for |
24 | | apprenticeship in any trade or
craft, or otherwise to |
25 | | take, or fail to take, any action which affects
adversely |
26 | | any person's status as an employee or as an applicant for
|
|
| | 10200HB0121sam001 | - 12 - | LRB102 02562 LNS 24460 a |
|
|
1 | | employment or as an apprentice, or as an applicant for |
2 | | apprenticeships,
or wages, tenure, hours of employment or |
3 | | apprenticeship conditions on the
basis of unlawful |
4 | | discrimination , or citizenship status , or work |
5 | | authorization status .
|
6 | | (D) Sexual harassment. For any employer, employee, |
7 | | agent of any employer,
employment agency or labor |
8 | | organization to engage in sexual harassment;
provided, |
9 | | that an employer shall be responsible for sexual |
10 | | harassment
of the employer's employees by nonemployees or |
11 | | nonmanagerial and nonsupervisory
employees only if the |
12 | | employer becomes aware of the conduct and fails to
take |
13 | | reasonable corrective measures.
|
14 | | (D-5) Sexual harassment of nonemployees. For any |
15 | | employer, employee, agent of any employer, employment |
16 | | agency, or labor organization to engage in sexual |
17 | | harassment of nonemployees in the workplace. An employer |
18 | | is responsible for sexual harassment of nonemployees by |
19 | | the employer's nonmanagerial and nonsupervisory employees |
20 | | only if the employer becomes aware of the conduct and |
21 | | fails to take reasonable corrective measures. For the |
22 | | purposes of this subdivision (D-5), "nonemployee" means a |
23 | | person who is not otherwise an employee of the employer |
24 | | and is directly performing services for the employer |
25 | | pursuant to a contract with that employer. "Nonemployee" |
26 | | includes contractors and consultants. This subdivision |
|
| | 10200HB0121sam001 | - 13 - | LRB102 02562 LNS 24460 a |
|
|
1 | | applies to sexual harassment occurring on or after the |
2 | | effective date of this amendatory Act of the 101st General |
3 | | Assembly. |
4 | | (E) Public employers. For any public employer to |
5 | | refuse to permit a
public employee under its jurisdiction |
6 | | who takes time off from work in
order to practice his or |
7 | | her religious beliefs to engage in work, during hours
|
8 | | other than such employee's regular working hours, |
9 | | consistent with the
operational needs of the employer and |
10 | | in order to compensate for work time
lost for such |
11 | | religious reasons. Any employee who elects such deferred
|
12 | | work shall be compensated at the wage rate which he or she |
13 | | would have
earned during the originally scheduled work |
14 | | period. The employer may
require that an employee who |
15 | | plans to take time off from work in order to
practice his |
16 | | or her religious beliefs provide the employer with a |
17 | | notice of
his or her intention to be absent from work not |
18 | | exceeding 5 days prior to
the date of absence.
|
19 | | (E-5) Religious discrimination. For any employer to |
20 | | impose upon a person as a condition of obtaining or |
21 | | retaining employment, including opportunities for |
22 | | promotion, advancement, or transfer, any terms or |
23 | | conditions that would require such person to violate or |
24 | | forgo a sincerely held practice of his or her religion |
25 | | including, but not limited to, the wearing of any attire, |
26 | | clothing, or facial hair in accordance with the |
|
| | 10200HB0121sam001 | - 14 - | LRB102 02562 LNS 24460 a |
|
|
1 | | requirements of his or her religion, unless, after |
2 | | engaging in a bona fide effort, the employer demonstrates |
3 | | that it is unable to reasonably accommodate the employee's |
4 | | or prospective employee's sincerely held religious belief, |
5 | | practice, or observance without undue hardship on the |
6 | | conduct of the employer's business. |
7 | | Nothing in this Section prohibits an employer from |
8 | | enacting a dress code or grooming policy that may include |
9 | | restrictions on attire, clothing, or facial hair to |
10 | | maintain workplace safety or food sanitation. |
11 | | (F) Training and apprenticeship programs. For any |
12 | | employer,
employment agency or labor organization to |
13 | | discriminate against a person on
the basis of age in the |
14 | | selection, referral for or conduct of apprenticeship
or |
15 | | training programs.
|
16 | | (G) Immigration-related practices. |
17 | | (1) for an employer to request for
purposes of |
18 | | satisfying the requirements of Section 1324a(b) of |
19 | | Title 8 of
the United States Code, as now or hereafter |
20 | | amended, more or different
documents than are required |
21 | | under such Section or to refuse to honor
documents |
22 | | tendered that on their face reasonably appear to be |
23 | | genuine or to refuse to honor work authorization based |
24 | | upon the specific status or term of status that |
25 | | accompanies the authorization to work ; or
|
26 | | (2) for an employer participating in the E-Verify |
|
| | 10200HB0121sam001 | - 15 - | LRB102 02562 LNS 24460 a |
|
|
1 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot |
2 | | Programs for Employment Eligibility Confirmation |
3 | | (enacted by PL 104-208, div. C title IV, subtitle A) to |
4 | | refuse to hire, to segregate, or to act with respect to |
5 | | recruitment, hiring, promotion, renewal of employment, |
6 | | selection for training or apprenticeship, discharge, |
7 | | discipline, tenure or terms, privileges or conditions |
8 | | of employment without following the procedures under |
9 | | the E-Verify Program. |
10 | | (H) (Blank).
|
11 | | (I) Pregnancy. For an employer to refuse to hire, to |
12 | | segregate, or to act with respect to recruitment, hiring, |
13 | | promotion, renewal of employment, selection for training |
14 | | or apprenticeship, discharge, discipline, tenure or terms, |
15 | | privileges or conditions of employment on the basis of |
16 | | pregnancy, childbirth, or medical or common conditions |
17 | | related to pregnancy or childbirth. Women affected by |
18 | | pregnancy, childbirth, or medical or common conditions |
19 | | related to pregnancy or childbirth shall be treated the |
20 | | same for all employment-related purposes, including |
21 | | receipt of benefits under fringe benefit programs, as |
22 | | other persons not so affected but similar in their ability |
23 | | or inability to work, regardless of the source of the |
24 | | inability to work or employment classification or status. |
25 | | (J) Pregnancy; reasonable accommodations. |
26 | | (1) If after a job applicant or employee, |
|
| | 10200HB0121sam001 | - 16 - | LRB102 02562 LNS 24460 a |
|
|
1 | | including a part-time, full-time, or probationary |
2 | | employee, requests a reasonable accommodation, for an |
3 | | employer to not make reasonable accommodations for any |
4 | | medical or common condition of a job applicant or |
5 | | employee related to pregnancy or childbirth, unless |
6 | | the employer can demonstrate that the accommodation |
7 | | would impose an undue hardship on the ordinary |
8 | | operation of the business of the employer. The |
9 | | employer may request documentation from the employee's |
10 | | health care provider concerning the need for the |
11 | | requested reasonable accommodation or accommodations |
12 | | to the same extent documentation is requested for |
13 | | conditions related to disability if the employer's |
14 | | request for documentation is job-related and |
15 | | consistent with business necessity. The employer may |
16 | | require only the medical justification for the |
17 | | requested accommodation or accommodations, a |
18 | | description of the reasonable accommodation or |
19 | | accommodations medically advisable, the date the |
20 | | reasonable accommodation or accommodations became |
21 | | medically advisable, and the probable duration of the |
22 | | reasonable accommodation or accommodations. It is the |
23 | | duty of the individual seeking a reasonable |
24 | | accommodation or accommodations to submit to the |
25 | | employer any documentation that is requested in |
26 | | accordance with this paragraph. Notwithstanding the |
|
| | 10200HB0121sam001 | - 17 - | LRB102 02562 LNS 24460 a |
|
|
1 | | provisions of this paragraph, the employer may require |
2 | | documentation by the employee's health care provider |
3 | | to determine compliance with other laws. The employee |
4 | | and employer shall engage in a timely, good faith, and |
5 | | meaningful exchange to determine effective reasonable |
6 | | accommodations. |
7 | | (2) For an employer to deny employment |
8 | | opportunities or benefits to or take adverse action |
9 | | against an otherwise qualified job applicant or |
10 | | employee, including a part-time, full-time, or |
11 | | probationary employee, if the denial or adverse action |
12 | | is based on the need of the employer to make reasonable |
13 | | accommodations to the known medical or common |
14 | | conditions related to the pregnancy or childbirth of |
15 | | the applicant or employee. |
16 | | (3) For an employer to require a job applicant or |
17 | | employee, including a part-time, full-time, or |
18 | | probationary employee, affected by pregnancy, |
19 | | childbirth, or medical or common conditions related to |
20 | | pregnancy or childbirth to accept an accommodation |
21 | | when the applicant or employee did not request an |
22 | | accommodation and the applicant or employee chooses |
23 | | not to accept the employer's accommodation. |
24 | | (4) For an employer to require an employee, |
25 | | including a part-time, full-time, or probationary |
26 | | employee, to take leave under any leave law or policy |
|
| | 10200HB0121sam001 | - 18 - | LRB102 02562 LNS 24460 a |
|
|
1 | | of the employer if another reasonable accommodation |
2 | | can be provided to the known medical or common |
3 | | conditions related to the pregnancy or childbirth of |
4 | | an employee. No employer shall fail or refuse to |
5 | | reinstate the employee affected by pregnancy, |
6 | | childbirth, or medical or common conditions related to |
7 | | pregnancy or childbirth to her original job or to an |
8 | | equivalent position with equivalent pay and |
9 | | accumulated seniority, retirement, fringe benefits, |
10 | | and other applicable service credits upon her |
11 | | signifying her intent to return or when her need for |
12 | | reasonable accommodation ceases, unless the employer |
13 | | can demonstrate that the accommodation would impose an |
14 | | undue hardship on the ordinary operation of the |
15 | | business of the employer. |
16 | | For the purposes of this subdivision (J), "reasonable |
17 | | accommodations" means reasonable modifications or |
18 | | adjustments to the job application process or work |
19 | | environment, or to the manner or circumstances under which |
20 | | the position desired or held is customarily performed, |
21 | | that enable an applicant or employee affected by |
22 | | pregnancy, childbirth, or medical or common conditions |
23 | | related to pregnancy or childbirth to be considered for |
24 | | the position the applicant desires or to perform the |
25 | | essential functions of that position, and may include, but |
26 | | is not limited to: more frequent or longer bathroom |
|
| | 10200HB0121sam001 | - 19 - | LRB102 02562 LNS 24460 a |
|
|
1 | | breaks, breaks for increased water intake, and breaks for |
2 | | periodic rest; private non-bathroom space for expressing |
3 | | breast milk and breastfeeding; seating; assistance with |
4 | | manual labor; light duty; temporary transfer to a less |
5 | | strenuous or hazardous position; the provision of an |
6 | | accessible worksite; acquisition or modification of |
7 | | equipment; job restructuring; a part-time or modified work |
8 | | schedule; appropriate adjustment or modifications of |
9 | | examinations, training materials, or policies; |
10 | | reassignment to a vacant position; time off to recover |
11 | | from conditions related to childbirth; and leave |
12 | | necessitated by pregnancy, childbirth, or medical or |
13 | | common conditions resulting from pregnancy or childbirth. |
14 | | For the purposes of this subdivision (J), "undue |
15 | | hardship" means an action that is prohibitively expensive |
16 | | or disruptive when considered in light of the following |
17 | | factors: (i) the nature and cost of the accommodation |
18 | | needed; (ii) the overall financial resources of the |
19 | | facility or facilities involved in the provision of the |
20 | | reasonable accommodation, the number of persons employed |
21 | | at the facility, the effect on expenses and resources, or |
22 | | the impact otherwise of the accommodation upon the |
23 | | operation of the facility; (iii) the overall financial |
24 | | resources of the employer, the overall size of the |
25 | | business of the employer with respect to the number of its |
26 | | employees, and the number, type, and location of its |
|
| | 10200HB0121sam001 | - 20 - | LRB102 02562 LNS 24460 a |
|
|
1 | | facilities; and (iv) the type of operation or operations |
2 | | of the employer, including the composition, structure, and |
3 | | functions of the workforce of the employer, the geographic |
4 | | separateness, administrative, or fiscal relationship of |
5 | | the facility or facilities in question to the employer. |
6 | | The employer has the burden of proving undue hardship. The |
7 | | fact that the employer provides or would be required to |
8 | | provide a similar accommodation to similarly situated |
9 | | employees creates a rebuttable presumption that the |
10 | | accommodation does not impose an undue hardship on the |
11 | | employer. |
12 | | No employer is required by this subdivision (J) to |
13 | | create additional employment that the employer would not |
14 | | otherwise have created, unless the employer does so or |
15 | | would do so for other classes of employees who need |
16 | | accommodation. The employer is not required to discharge |
17 | | any employee, transfer any employee with more seniority, |
18 | | or promote any employee who is not qualified to perform |
19 | | the job, unless the employer does so or would do so to |
20 | | accommodate other classes of employees who need it. |
21 | | (K) Notice. |
22 | | (1) For an employer to fail to post or keep posted |
23 | | in a conspicuous location on the premises of the |
24 | | employer where notices to employees are customarily |
25 | | posted, or fail to include in any employee handbook |
26 | | information concerning an employee's rights under this |
|
| | 10200HB0121sam001 | - 21 - | LRB102 02562 LNS 24460 a |
|
|
1 | | Article, a notice, to be prepared or approved by the |
2 | | Department, summarizing the requirements of this |
3 | | Article and information pertaining to the filing of a |
4 | | charge, including the right to be free from unlawful |
5 | | discrimination, the right to be free from sexual |
6 | | harassment, and the right to certain reasonable |
7 | | accommodations. The Department shall make the |
8 | | documents required under this paragraph available for |
9 | | retrieval from the Department's website. |
10 | | (2) Upon notification of a violation of paragraph |
11 | | (1) of this subdivision (K), the Department may launch |
12 | | a preliminary investigation. If the Department finds a |
13 | | violation, the Department may issue a notice to show |
14 | | cause giving the employer 30 days to correct the |
15 | | violation. If the violation is not corrected, the |
16 | | Department may initiate a charge of a civil rights |
17 | | violation. |
18 | | (Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18; |
19 | | 101-221, eff. 1-1-20 .)
|
20 | | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
|
21 | | Sec. 2-104. Exemptions.
|
22 | | (A) Nothing contained in this Act shall prohibit an |
23 | | employer, employment
agency, or labor organization from:
|
24 | | (1) Bona Fide Qualification. Hiring or selecting |
25 | | between persons
for bona fide occupational qualifications |
|
| | 10200HB0121sam001 | - 22 - | LRB102 02562 LNS 24460 a |
|
|
1 | | or any reason except those
civil-rights violations |
2 | | specifically identified in this Article.
|
3 | | (2) Veterans. Giving preferential treatment to |
4 | | veterans and their
relatives as required by the laws or |
5 | | regulations of the United States or
this State or a unit of |
6 | | local government, or pursuant to a private employer's |
7 | | voluntary veterans' preference employment policy |
8 | | authorized by the Veterans Preference in Private |
9 | | Employment Act.
|
10 | | (3) Unfavorable Discharge From Military Service. |
11 | | (a) Using unfavorable
discharge from military |
12 | | service as a valid employment criterion when
|
13 | | authorized by federal law or regulation or when a |
14 | | position of employment
involves the exercise of |
15 | | fiduciary responsibilities as defined by rules
and |
16 | | regulations which the Department shall adopt; or |
17 | | (b) Participating in a bona fide recruiting |
18 | | incentive program, sponsored by a branch of the United |
19 | | States Armed Forces, a reserve component of the United |
20 | | States Armed Forces, or any National Guard or Naval |
21 | | Militia, where participation in the program is limited |
22 | | by the sponsoring branch based upon the service |
23 | | member's discharge status.
|
24 | | (4) Ability Tests. Giving or acting upon the results |
25 | | of any
professionally developed ability test provided that |
26 | | such test, its
administration, or action upon the results, |
|
| | 10200HB0121sam001 | - 23 - | LRB102 02562 LNS 24460 a |
|
|
1 | | is not used as a subterfuge
for or does not have the effect |
2 | | of unlawful discrimination.
|
3 | | (5) Merit and Retirement Systems.
|
4 | | (a) Applying different standards of compensation, |
5 | | or different
terms, conditions or privileges of |
6 | | employment pursuant to a merit or
retirement system |
7 | | provided that such system or its administration is not
|
8 | | used as a subterfuge for or does not have the effect of |
9 | | unlawful
discrimination.
|
10 | | (b) Effecting compulsory retirement of any |
11 | | employee who has
attained 65 years of age and who, for |
12 | | the 2-year period immediately
preceding retirement, is |
13 | | employed in a bona fide executive or a high
|
14 | | policymaking position, if such employee is entitled to |
15 | | an immediate
nonforfeitable annual retirement benefit |
16 | | from a pension, profit-sharing,
savings, or deferred |
17 | | compensation plan, or any combination of such plans of
|
18 | | the employer of such employee, which equals, in the |
19 | | aggregate, at least
$44,000. If any such retirement |
20 | | benefit is in a form other than a straight
life annuity |
21 | | (with no ancillary benefits) or if the employees |
22 | | contribute to
any such plan or make rollover |
23 | | contributions, the retirement benefit shall
be |
24 | | adjusted in accordance with regulations prescribed by |
25 | | the Department, so
that the benefit is the equivalent |
26 | | of a straight life annuity (with no
ancillary |
|
| | 10200HB0121sam001 | - 24 - | LRB102 02562 LNS 24460 a |
|
|
1 | | benefits) under a plan to which employees do not |
2 | | contribute and
under which no rollover contributions |
3 | | are made.
|
4 | | (c) Until January 1, 1994, effecting compulsory |
5 | | retirement of any
employee who has attained 70 years |
6 | | of age, and who is serving under a
contract of |
7 | | unlimited tenure (or similar arrangement providing for
|
8 | | unlimited tenure) at an institution of higher |
9 | | education as defined by
Section 1201(a) of the Higher |
10 | | Education Act of 1965.
|
11 | | (6) Training and Apprenticeship programs. Establishing |
12 | | an educational
requirement as a prerequisite to selection |
13 | | for a training or apprenticeship
program, provided such |
14 | | requirement does not operate to discriminate on the
basis |
15 | | of any prohibited classification except age.
|
16 | | (7) Police and Firefighter/Paramedic Retirement. |
17 | | Imposing a mandatory
retirement age for |
18 | | firefighters/paramedics or law enforcement officers
and
|
19 | | discharging or retiring such individuals pursuant to the |
20 | | mandatory retirement
age if such action is taken pursuant |
21 | | to a bona fide retirement plan provided
that the law |
22 | | enforcement officer or firefighter/paramedic
has attained:
|
23 | | (a) the age of retirement in effect under |
24 | | applicable State or local
law
on
March 3, 1983; or
|
25 | | (b) if the applicable State or local law was |
26 | | enacted
after the date of enactment of the federal Age |
|
| | 10200HB0121sam001 | - 25 - | LRB102 02562 LNS 24460 a |
|
|
1 | | Discrimination in Employment
Act
Amendments of 1996 |
2 | | (P.L. 104-208),
the age of retirement in effect on the |
3 | | date of such discharge
under
such law.
|
4 | | This paragraph (7) shall not apply with respect to
any |
5 | | cause of action arising under the Illinois Human Rights |
6 | | Act as in
effect prior to the effective date of this |
7 | | amendatory Act of 1997.
|
8 | | (8) Police and Firefighter/Paramedic Appointment. |
9 | | Failing or
refusing to hire any individual because of such
|
10 | | individual's age if such action is taken with respect to |
11 | | the employment of
an individual as a firefighter/paramedic |
12 | | or as a law enforcement officer
and the individual has |
13 | | attained:
|
14 | | (a) the age of hiring or appointment in effect
|
15 | | under applicable State or local law on March 3,
1983; |
16 | | or
|
17 | | (b) the age of hiring in effect on the date of such |
18 | | failure or refusal
to
hire under applicable State or |
19 | | local law enacted after the date of
enactment of the |
20 | | federal Age Discrimination in Employment Act |
21 | | Amendments of
1996 (P.L. 104-208).
|
22 | | As used in paragraph (7) or (8):
|
23 | | "Firefighter/paramedic" means an employee, the duties |
24 | | of whose
position are primarily to perform work directly |
25 | | connected with the control
and extinguishment of fires or |
26 | | the maintenance and use of firefighting
apparatus and |
|
| | 10200HB0121sam001 | - 26 - | LRB102 02562 LNS 24460 a |
|
|
1 | | equipment, or to provide emergency medical services,
|
2 | | including an employee engaged in this activity who is |
3 | | transferred to a
supervisory or administrative position.
|
4 | | "Law enforcement officer" means an employee, the |
5 | | duties of whose
position are primarily the investigation, |
6 | | apprehension, or detention of
individuals suspected or |
7 | | convicted of criminal offenses, including an
employee |
8 | | engaged in this activity who is transferred to a |
9 | | supervisory or
administrative position.
|
10 | | (9) Citizenship Status. Making legitimate distinctions |
11 | | based on
citizenship status if specifically authorized or |
12 | | required by State or federal
law.
|
13 | | (B) With respect to any employee who is subject to a |
14 | | collective
bargaining agreement:
|
15 | | (a) which is in effect on June 30, 1986,
|
16 | | (b) which terminates after January 1, 1987,
|
17 | | (c) any provision of which was entered into by a labor |
18 | | organization as
defined by Section 6(d)(4) of the Fair |
19 | | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
|
20 | | (d) which contains any provision that would be |
21 | | superseded by Public Act 85-748,
|
22 | | Public Act 85-748 shall not apply until the termination of |
23 | | such
collective bargaining agreement or January 1, 1990, |
24 | | whichever occurs first.
|
25 | | (C)(1) For purposes of this Act, the term "disability" |
26 | | shall not include
any employee or applicant who is currently |
|
| | 10200HB0121sam001 | - 27 - | LRB102 02562 LNS 24460 a |
|
|
1 | | engaging in the illegal use of
drugs, when an employer acts on |
2 | | the basis of such use.
|
3 | | (2) Paragraph (1) shall not apply where an employee or |
4 | | applicant for
employment:
|
5 | | (a) has successfully completed a supervised drug |
6 | | rehabilitation program
and is no longer engaging in the |
7 | | illegal use of drugs, or has otherwise been
rehabilitated |
8 | | successfully and is no longer engaging in such use;
|
9 | | (b) is participating in a supervised rehabilitation |
10 | | program and is no
longer engaging in such use; or
|
11 | | (c) is erroneously regarded as engaging in such use, |
12 | | but is not engaging
in such use.
|
13 | | It shall not be a violation of this Act for an employer to |
14 | | adopt or
administer reasonable policies or procedures, |
15 | | including but not limited to drug
testing, designed to ensure |
16 | | that an individual described in subparagraph (a) or
(b) is no |
17 | | longer engaging in the illegal use of drugs.
|
18 | | (3) An employer:
|
19 | | (a) may prohibit the illegal use of drugs and the use |
20 | | of alcohol at the
workplace by all employees;
|
21 | | (b) may require that employees shall not be under the |
22 | | influence of alcohol
or be engaging in the illegal use of |
23 | | drugs at the workplace;
|
24 | | (c) may require that employees behave in conformance |
25 | | with the requirements
established under the federal |
26 | | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq.) |
|
| | 10200HB0121sam001 | - 28 - | LRB102 02562 LNS 24460 a |
|
|
1 | | and the Drug Free Workplace Act;
|
2 | | (d) may hold an employee who engages in the illegal |
3 | | use of drugs or who is
an alcoholic to the same |
4 | | qualification standards for employment or job
performance |
5 | | and behavior that such employer holds other employees, |
6 | | even if any
unsatisfactory performance or behavior is |
7 | | related to the drug use or alcoholism
of such employee; |
8 | | and
|
9 | | (e) may, with respect to federal regulations regarding |
10 | | alcohol and the
illegal use of drugs, require that:
|
11 | | (i) employees comply with the standards |
12 | | established in such regulations
of the United States |
13 | | Department of Defense, if the employees of the |
14 | | employer
are employed in an industry subject to such |
15 | | regulations, including complying
with regulations (if |
16 | | any) that apply to employment in sensitive positions |
17 | | in
such an industry, in the case of employees of the |
18 | | employer who are employed in
such positions (as |
19 | | defined in the regulations of the Department of |
20 | | Defense);
|
21 | | (ii) employees comply with the standards |
22 | | established in such regulations
of the Nuclear |
23 | | Regulatory Commission, if the employees of the |
24 | | employer are
employed in an industry subject to such |
25 | | regulations, including complying with
regulations (if |
26 | | any) that apply to employment in sensitive positions |
|
| | 10200HB0121sam001 | - 29 - | LRB102 02562 LNS 24460 a |
|
|
1 | | in such an
industry, in the case of employees of the |
2 | | employer who are employed in such
positions (as |
3 | | defined in the regulations of the Nuclear Regulatory |
4 | | Commission);
and
|
5 | | (iii) employees comply with the standards |
6 | | established in such
regulations of the United States |
7 | | Department of Transportation, if the employees
of the |
8 | | employer are employed in a transportation industry |
9 | | subject to such
regulations, including complying with |
10 | | such regulations (if any) that apply to
employment in |
11 | | sensitive positions in such an industry, in the case |
12 | | of employees
of the employer who are employed in such |
13 | | positions (as defined in the
regulations of the United |
14 | | States Department of Transportation).
|
15 | | (4) For purposes of this Act, a test to determine the |
16 | | illegal use of drugs
shall not be considered a medical |
17 | | examination. Nothing in this Act shall be
construed to |
18 | | encourage, prohibit, or authorize the conducting of drug |
19 | | testing
for the illegal use of drugs by job applicants or |
20 | | employees or making
employment decisions based on such test |
21 | | results.
|
22 | | (5) Nothing in this Act shall be construed to encourage, |
23 | | prohibit, restrict,
or authorize the otherwise lawful exercise |
24 | | by an employer subject to the
jurisdiction of the United |
25 | | States Department of Transportation of authority to:
|
26 | | (a) test employees of such employer in, and applicants |
|
| | 10200HB0121sam001 | - 30 - | LRB102 02562 LNS 24460 a |
|
|
1 | | for, positions
involving safety-sensitive duties for the |
2 | | illegal use of drugs and for
on-duty impairment by |
3 | | alcohol; and
|
4 | | (b) remove such persons who test positive for illegal |
5 | | use of drugs and
on-duty impairment by alcohol pursuant to |
6 | | subparagraph (a) from
safety-sensitive duties in |
7 | | implementing paragraph (3).
|
8 | | (D) Nothing contained in this Act shall require an |
9 | | employer to sponsor, either monetarily or otherwise, any |
10 | | applicant or employee to obtain or modify work authorization |
11 | | status, unless otherwise required by federal law. |
12 | | (Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15; |
13 | | 99-642, eff. 7-28-16.)
|
14 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
|
15 | | Sec. 6-101. Additional Civil Rights Violations. It is a |
16 | | civil rights
violation for a person, or for 2 two or more |
17 | | persons to conspire, to:
|
18 | | (A) Retaliation. Retaliate against a person because he |
19 | | or she has
opposed that which he or she reasonably and in |
20 | | good faith believes to be
unlawful discrimination, sexual |
21 | | harassment in employment or sexual
harassment in |
22 | | elementary, secondary, and higher
education, or |
23 | | discrimination based on citizenship status or work |
24 | | authorization status
in employment, because he or she has |
25 | | made a charge, filed a complaint,
testified, assisted, or |
|
| | 10200HB0121sam001 | - 31 - | LRB102 02562 LNS 24460 a |
|
|
1 | | participated in an investigation, proceeding, or
hearing |
2 | | under this Act, or because he or she has requested, |
3 | | attempted to request, used, or attempted to use a |
4 | | reasonable accommodation as allowed by this Act;
|
5 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel |
6 | | or coerce a
person to commit any violation of this Act;
|
7 | | (C) Interference. Wilfully interfere with the |
8 | | performance of a duty
or the exercise of a power by the |
9 | | Commission or one of its members or
representatives or the |
10 | | Department or one of its officers or employees.
|
11 | | Definitions. For the purposes of this Section, "sexual
|
12 | | harassment" , and "citizenship status" , and "work authorization |
13 | | status" shall have the same meaning as defined in
Section |
14 | | 2-101 of this Act.
|
15 | | (Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15 .)
|
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.".
|