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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||||||
5 | changing Sections 2-101 and 2-102 as follows:
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6 | (775 ILCS 5/2-101)
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7 | Sec. 2-101. Definitions. The following definitions are | |||||||||||||||||||||||
8 | applicable
strictly in the context of this Article.
| |||||||||||||||||||||||
9 | (A) Employee.
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10 | (1) "Employee" includes:
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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.
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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 |
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| |||||||
1 | the work performed; and | ||||||
2 | (iii) the work performed: | ||||||
3 | (I) supplements training given in an | ||||||
4 | educational environment that may enhance the | ||||||
5 | employability of the intern; | ||||||
6 | (II) provides experience for the benefit of | ||||||
7 | the person performing the work; | ||||||
8 | (III) does not displace regular employees; | ||||||
9 | (IV) is performed under the close supervision | ||||||
10 | of existing staff; and | ||||||
11 | (V) provides no immediate advantage to the | ||||||
12 | employer providing the training and may
| ||||||
13 | occasionally impede the operations of the | ||||||
14 | employer. | ||||||
15 | (2) "Employee" does not include:
| ||||||
16 | (a) (Blank);
| ||||||
17 | (b) Individuals employed by persons who are not | ||||||
18 | "employers" as
defined by this Act;
| ||||||
19 | (c) Elected public officials or the members of | ||||||
20 | their immediate
personal staffs;
| ||||||
21 | (d) Principal administrative officers of the State | ||||||
22 | or of any
political subdivision, municipal corporation | ||||||
23 | or other governmental unit
or agency;
| ||||||
24 | (e) A person in a vocational rehabilitation | ||||||
25 | facility certified under
federal law who has been | ||||||
26 | designated an evaluee, trainee, or work
activity |
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| |||||||
1 | client.
| ||||||
2 | (B) Employer.
| ||||||
3 | (1) "Employer" includes:
| ||||||
4 | (a) Any person employing one or more employees | ||||||
5 | within Illinois during
20 or more calendar weeks | ||||||
6 | within the calendar year of or preceding the alleged
| ||||||
7 | violation;
| ||||||
8 | (b) Any person employing one or more employees | ||||||
9 | when a complainant
alleges civil rights violation due | ||||||
10 | to unlawful discrimination based
upon his or her | ||||||
11 | physical or mental disability unrelated to ability, | ||||||
12 | pregnancy, or
sexual harassment;
| ||||||
13 | (c) The State and any political subdivision, | ||||||
14 | municipal corporation
or other governmental unit or | ||||||
15 | agency, without regard to the number of
employees;
| ||||||
16 | (d) Any party to a public contract without regard | ||||||
17 | to the number of
employees;
| ||||||
18 | (e) A joint apprenticeship or training committee | ||||||
19 | without regard to the
number of employees.
| ||||||
20 | (2) "Employer" does not include any place of worship, | ||||||
21 | religious corporation,
association, educational | ||||||
22 | institution, society, or non-profit nursing
institution | ||||||
23 | conducted by and for those who rely upon treatment by | ||||||
24 | prayer
through spiritual means in accordance with the | ||||||
25 | tenets of a recognized
church or religious denomination | ||||||
26 | with respect to the employment of
individuals of a |
| |||||||
| |||||||
1 | particular religion to perform work connected with the
| ||||||
2 | carrying on by such place of worship, corporation, | ||||||
3 | association, educational institution,
society or | ||||||
4 | non-profit nursing institution of its activities.
| ||||||
5 | (C) Employment Agency. "Employment Agency" includes both | ||||||
6 | public and
private employment agencies and any person, labor | ||||||
7 | organization, or labor
union having a hiring hall or hiring | ||||||
8 | office regularly undertaking, with
or without compensation, to | ||||||
9 | procure opportunities to work, or to
procure, recruit, refer | ||||||
10 | or place employees.
| ||||||
11 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
12 | organization, labor union, craft union, or any voluntary | ||||||
13 | unincorporated
association designed to further the cause of | ||||||
14 | the rights of union labor
which is constituted for the | ||||||
15 | purpose, in whole or in part, of collective
bargaining or of | ||||||
16 | dealing with employers concerning grievances, terms or
| ||||||
17 | conditions of employment, or apprenticeships or applications | ||||||
18 | for
apprenticeships, or of other mutual aid or protection in | ||||||
19 | connection with
employment, including apprenticeships or | ||||||
20 | applications for apprenticeships.
| ||||||
21 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
22 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
23 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
24 | is made either explicitly or implicitly
a term or condition of | ||||||
25 | an individual's employment, (2) submission to or
rejection of | ||||||
26 | such conduct by an individual is used as the basis for
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| |||||||
1 | employment decisions affecting such individual, or (3) such | ||||||
2 | conduct has the
purpose or effect of substantially interfering | ||||||
3 | with an individual's work
performance or creating an | ||||||
4 | intimidating, hostile or offensive working
environment.
| ||||||
5 | For purposes of this definition, the phrase "working | ||||||
6 | environment" is not limited to a physical location an employee | ||||||
7 | is assigned to perform his or her duties. | ||||||
8 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
9 | on the basis of an individual's actual or perceived race, | ||||||
10 | color, religion, national origin, ancestry, age, sex, marital | ||||||
11 | status, order of protection status, disability, military | ||||||
12 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
13 | from military service, citizenship status, or work | ||||||
14 | authorization status that has the purpose or effect of | ||||||
15 | substantially interfering with the individual's work | ||||||
16 | performance or creating an intimidating, hostile, or offensive | ||||||
17 | working environment. For purposes of this definition, the | ||||||
18 | phrase "working environment" is not limited to a physical | ||||||
19 | location an employee is assigned to perform his or her duties. | ||||||
20 | (F) Religion. "Religion" with respect to employers | ||||||
21 | includes all
aspects of religious observance and practice, as | ||||||
22 | well as belief, unless an
employer demonstrates that he is | ||||||
23 | unable to reasonably accommodate an
employee's or prospective | ||||||
24 | employee's religious observance or practice
without undue | ||||||
25 | hardship on the conduct of the employer's business.
| ||||||
26 | (G) Public Employer. "Public employer" means the State, an |
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| |||||||
1 | agency or
department thereof, unit of local government, school | ||||||
2 | district,
instrumentality or political subdivision.
| ||||||
3 | (H) Public Employee. "Public employee" means an employee | ||||||
4 | of the State,
agency or department thereof, unit of local | ||||||
5 | government, school district,
instrumentality or political | ||||||
6 | subdivision. "Public employee" does not include
public | ||||||
7 | officers or employees of the General Assembly or agencies | ||||||
8 | thereof.
| ||||||
9 | (I) Public Officer. "Public officer" means a person who is | ||||||
10 | elected to
office pursuant to the Constitution or a statute or | ||||||
11 | ordinance, or who is
appointed to an office which is | ||||||
12 | established, and the qualifications and
duties of which are | ||||||
13 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
14 | discharge a public duty for the State, agency or department
| ||||||
15 | thereof, unit of local government, school district, | ||||||
16 | instrumentality or
political subdivision.
| ||||||
17 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
18 | prior to contract award or prior to bid opening for State | ||||||
19 | contracts for construction or construction-related services, | ||||||
20 | has filed with the Department a properly completed, sworn and
| ||||||
21 | currently valid employer report form, pursuant to the | ||||||
22 | Department's regulations.
The provisions of this Article | ||||||
23 | relating to eligible bidders apply only
to bids on contracts | ||||||
24 | with the State and its departments, agencies, boards,
and | ||||||
25 | commissions, and the provisions do not apply to bids on | ||||||
26 | contracts with
units of local government or school districts.
|
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| |||||||
1 | (K) Citizenship Status. "Citizenship status" means the | ||||||
2 | status 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 lawfully present and who is protected | ||||||
8 | from discrimination under
the provisions of Section 1324b | ||||||
9 | of Title 8 of the United States Code, as
now or hereafter | ||||||
10 | amended.
| ||||||
11 | (L) Work Authorization Status. "Work authorization status" | ||||||
12 | means the status of being a person born outside of the United | ||||||
13 | States, and not a U.S. citizen, who is authorized by the | ||||||
14 | federal government to work in the United States. | ||||||
15 | (M) Predictive Data Analytics. "Predictive data analytics" | ||||||
16 | means the use of automated machine learning algorithms for the | ||||||
17 | purpose of statistically analyzing a person's behavior. | ||||||
18 | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | ||||||
19 | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | ||||||
20 | 5-27-22.)
| ||||||
21 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| ||||||
22 | Sec. 2-102. Civil rights violations - employment. It is a | ||||||
23 | civil
rights violation:
| ||||||
24 | (A) Employers. For any employer to refuse to hire, to | ||||||
25 | segregate, to engage in harassment as defined in |
| |||||||
| |||||||
1 | subsection (E-1) of Section 2-101, or
to act with respect | ||||||
2 | to 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, | ||||||
6 | citizenship status, or work authorization status. An | ||||||
7 | employer is responsible for harassment by the employer's | ||||||
8 | nonmanagerial and nonsupervisory employees only if the | ||||||
9 | employer becomes aware of the conduct and fails to take | ||||||
10 | reasonable corrective measures.
| ||||||
11 | (A-5) Language. For an employer to impose a | ||||||
12 | restriction that has the
effect of prohibiting a language | ||||||
13 | from being spoken by an employee in
communications that | ||||||
14 | are unrelated 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, | ||||||
17 | or
Chinese.
"Language" does not include such things as | ||||||
18 | slang, 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 | ||||||
22 | is 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 |
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| |||||||
1 | is not otherwise an employee of the employer and is | ||||||
2 | directly performing services for the employer pursuant to | ||||||
3 | a contract with that employer. "Nonemployee" includes | ||||||
4 | contractors and consultants. This subdivision applies to | ||||||
5 | harassment occurring on or after the effective date of | ||||||
6 | this 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, | ||||||
12 | citizenship
status, or work authorization status or to | ||||||
13 | accept from any person any job order, requisition or | ||||||
14 | request
for referral of applicants for employment or | ||||||
15 | apprenticeship which makes or
has the effect of making | ||||||
16 | unlawful discrimination or discrimination on the
basis of | ||||||
17 | citizenship status or work authorization status a | ||||||
18 | condition of referral.
| ||||||
19 | (C) Labor organization. For any labor organization to | ||||||
20 | limit,
segregate or classify its membership, or to limit | ||||||
21 | employment
opportunities, selection and training for | ||||||
22 | apprenticeship in any trade or
craft, or otherwise to | ||||||
23 | take, or fail to take, any action which affects
adversely | ||||||
24 | any person's status as an employee or as an applicant for
| ||||||
25 | employment or as an apprentice, or as an applicant for | ||||||
26 | apprenticeships,
or wages, tenure, hours of employment or |
| |||||||
| |||||||
1 | apprenticeship conditions on the
basis of unlawful | ||||||
2 | discrimination, citizenship status, or work authorization | ||||||
3 | status.
| ||||||
4 | (D) Sexual harassment. For any employer, employee, | ||||||
5 | agent of any employer,
employment agency or labor | ||||||
6 | organization to engage in sexual harassment;
provided, | ||||||
7 | that an employer shall be responsible for sexual | ||||||
8 | harassment
of the employer's employees by nonemployees or | ||||||
9 | nonmanagerial and nonsupervisory
employees only if the | ||||||
10 | employer becomes aware of the conduct and fails to
take | ||||||
11 | reasonable corrective measures.
| ||||||
12 | (D-5) Sexual harassment of nonemployees. For any | ||||||
13 | employer, employee, agent of any employer, employment | ||||||
14 | agency, or labor organization to engage in sexual | ||||||
15 | harassment of nonemployees in the workplace. An employer | ||||||
16 | is responsible for sexual harassment of nonemployees by | ||||||
17 | the employer's nonmanagerial and nonsupervisory employees | ||||||
18 | only if the employer becomes aware of the conduct and | ||||||
19 | fails to take reasonable corrective measures. For the | ||||||
20 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
21 | person who is not otherwise an employee of the employer | ||||||
22 | and is directly performing services for the employer | ||||||
23 | pursuant to a contract with that employer. "Nonemployee" | ||||||
24 | includes contractors and consultants. This subdivision | ||||||
25 | applies to sexual harassment occurring on or after the | ||||||
26 | effective date of this amendatory Act of the 101st General |
| |||||||
| |||||||
1 | Assembly. | ||||||
2 | (E) Public employers. For any public employer to | ||||||
3 | refuse to permit a
public employee under its jurisdiction | ||||||
4 | who takes time off from work in
order to practice his or | ||||||
5 | her religious beliefs to engage in work, during hours
| ||||||
6 | other than such employee's regular working hours, | ||||||
7 | consistent with the
operational needs of the employer and | ||||||
8 | in order to compensate for work time
lost for such | ||||||
9 | religious reasons. Any employee who elects such deferred
| ||||||
10 | work shall be compensated at the wage rate which he or she | ||||||
11 | would have
earned during the originally scheduled work | ||||||
12 | period. The employer may
require that an employee who | ||||||
13 | plans to take time off from work in order to
practice his | ||||||
14 | or her religious beliefs provide the employer with a | ||||||
15 | notice of
his or her intention to be absent from work not | ||||||
16 | exceeding 5 days prior to
the date of absence.
| ||||||
17 | (E-5) Religious discrimination. For any employer to | ||||||
18 | impose upon a person as a condition of obtaining or | ||||||
19 | retaining employment, including opportunities for | ||||||
20 | promotion, advancement, or transfer, any terms or | ||||||
21 | conditions that would require such person to violate or | ||||||
22 | forgo a sincerely held practice of his or her religion | ||||||
23 | including, but not limited to, the wearing of any attire, | ||||||
24 | clothing, or facial hair in accordance with the | ||||||
25 | requirements of his or her religion, unless, after | ||||||
26 | engaging in a bona fide effort, the employer demonstrates |
| |||||||
| |||||||
1 | that it is unable to reasonably accommodate the employee's | ||||||
2 | or prospective employee's sincerely held religious belief, | ||||||
3 | practice, or observance without undue hardship on the | ||||||
4 | conduct of the employer's business. | ||||||
5 | Nothing in this Section prohibits an employer from | ||||||
6 | enacting a dress code or grooming policy that may include | ||||||
7 | restrictions on attire, clothing, or facial hair to | ||||||
8 | maintain workplace safety or food sanitation. | ||||||
9 | (F) Training and apprenticeship programs. For any | ||||||
10 | employer,
employment agency or labor organization to | ||||||
11 | discriminate against a person on
the basis of age in the | ||||||
12 | selection, referral for or conduct of apprenticeship
or | ||||||
13 | training programs.
| ||||||
14 | (G) Immigration-related practices. | ||||||
15 | (1) for an employer to request for
purposes of | ||||||
16 | satisfying the requirements of Section 1324a(b) of | ||||||
17 | Title 8 of
the United States Code, as now or hereafter | ||||||
18 | amended, more or different
documents than are required | ||||||
19 | under such Section or to refuse to honor
documents | ||||||
20 | tendered that on their face reasonably appear to be | ||||||
21 | genuine or to refuse to honor work authorization based | ||||||
22 | upon the specific status or term of status that | ||||||
23 | accompanies the authorization to work; or
| ||||||
24 | (2) for an employer participating in the E-Verify | ||||||
25 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
26 | Programs for Employment Eligibility Confirmation |
| |||||||
| |||||||
1 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
2 | refuse to hire, to segregate, or to act with respect to | ||||||
3 | recruitment, hiring, promotion, renewal of employment, | ||||||
4 | selection for training or apprenticeship, discharge, | ||||||
5 | discipline, tenure or terms, privileges or conditions | ||||||
6 | of employment without following the procedures under | ||||||
7 | the E-Verify Program. | ||||||
8 | (H) (Blank).
| ||||||
9 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
10 | segregate, or to act with respect to recruitment, hiring, | ||||||
11 | promotion, renewal of employment, selection for training | ||||||
12 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
13 | privileges or conditions of employment on the basis of | ||||||
14 | pregnancy, childbirth, or medical or common conditions | ||||||
15 | related to pregnancy or childbirth. Women affected by | ||||||
16 | pregnancy, childbirth, or medical or common conditions | ||||||
17 | related to pregnancy or childbirth shall be treated the | ||||||
18 | same for all employment-related purposes, including | ||||||
19 | receipt of benefits under fringe benefit programs, as | ||||||
20 | other persons not so affected but similar in their ability | ||||||
21 | or inability to work, regardless of the source of the | ||||||
22 | inability to work or employment classification or status. | ||||||
23 | (J) Pregnancy; reasonable accommodations. | ||||||
24 | (1) If after a job applicant or employee, | ||||||
25 | including a part-time, full-time, or probationary | ||||||
26 | employee, requests a reasonable accommodation, for an |
| |||||||
| |||||||
1 | employer to not make reasonable accommodations for any | ||||||
2 | medical or common condition of a job applicant or | ||||||
3 | employee related to pregnancy or childbirth, unless | ||||||
4 | the employer can demonstrate that the accommodation | ||||||
5 | would impose an undue hardship on the ordinary | ||||||
6 | operation of the business of the employer. The | ||||||
7 | employer may request documentation from the employee's | ||||||
8 | health care provider concerning the need for the | ||||||
9 | requested reasonable accommodation or accommodations | ||||||
10 | to the same extent documentation is requested for | ||||||
11 | conditions related to disability if the employer's | ||||||
12 | request for documentation is job-related and | ||||||
13 | consistent with business necessity. The employer may | ||||||
14 | require only the medical justification for the | ||||||
15 | requested accommodation or accommodations, a | ||||||
16 | description of the reasonable accommodation or | ||||||
17 | accommodations medically advisable, the date the | ||||||
18 | reasonable accommodation or accommodations became | ||||||
19 | medically advisable, and the probable duration of the | ||||||
20 | reasonable accommodation or accommodations. It is the | ||||||
21 | duty of the individual seeking a reasonable | ||||||
22 | accommodation or accommodations to submit to the | ||||||
23 | employer any documentation that is requested in | ||||||
24 | accordance with this paragraph. Notwithstanding the | ||||||
25 | provisions of this paragraph, the employer may require | ||||||
26 | documentation by the employee's health care provider |
| |||||||
| |||||||
1 | to determine compliance with other laws. The employee | ||||||
2 | and employer shall engage in a timely, good faith, and | ||||||
3 | meaningful exchange to determine effective reasonable | ||||||
4 | accommodations. | ||||||
5 | (2) For an employer to deny employment | ||||||
6 | opportunities or benefits to or take adverse action | ||||||
7 | against an otherwise qualified job applicant or | ||||||
8 | employee, including a part-time, full-time, or | ||||||
9 | probationary employee, if the denial or adverse action | ||||||
10 | is based on the need of the employer to make reasonable | ||||||
11 | accommodations to the known medical or common | ||||||
12 | conditions related to the pregnancy or childbirth of | ||||||
13 | the applicant or employee. | ||||||
14 | (3) For an employer to require a job applicant or | ||||||
15 | employee, including a part-time, full-time, or | ||||||
16 | probationary employee, affected by pregnancy, | ||||||
17 | childbirth, or medical or common conditions related to | ||||||
18 | pregnancy or childbirth to accept an accommodation | ||||||
19 | when the applicant or employee did not request an | ||||||
20 | accommodation and the applicant or employee chooses | ||||||
21 | not to accept the employer's accommodation. | ||||||
22 | (4) For an employer to require an employee, | ||||||
23 | including a part-time, full-time, or probationary | ||||||
24 | employee, to take leave under any leave law or policy | ||||||
25 | of the employer if another reasonable accommodation | ||||||
26 | can be provided to the known medical or common |
| |||||||
| |||||||
1 | conditions related to the pregnancy or childbirth of | ||||||
2 | an employee. No employer shall fail or refuse to | ||||||
3 | reinstate the employee affected by pregnancy, | ||||||
4 | childbirth, or medical or common conditions related to | ||||||
5 | pregnancy or childbirth to her original job or to an | ||||||
6 | equivalent position with equivalent pay and | ||||||
7 | accumulated seniority, retirement, fringe benefits, | ||||||
8 | and other applicable service credits upon her | ||||||
9 | signifying her intent to return or when her need for | ||||||
10 | reasonable accommodation ceases, unless the employer | ||||||
11 | can demonstrate that the accommodation would impose an | ||||||
12 | undue hardship on the ordinary operation of the | ||||||
13 | business of the employer. | ||||||
14 | For the purposes of this subdivision (J), "reasonable | ||||||
15 | accommodations" means reasonable modifications or | ||||||
16 | adjustments to the job application process or work | ||||||
17 | environment, or to the manner or circumstances under which | ||||||
18 | the position desired or held is customarily performed, | ||||||
19 | that enable an applicant or employee affected by | ||||||
20 | pregnancy, childbirth, or medical or common conditions | ||||||
21 | related to pregnancy or childbirth to be considered for | ||||||
22 | the position the applicant desires or to perform the | ||||||
23 | essential functions of that position, and may include, but | ||||||
24 | is not limited to: more frequent or longer bathroom | ||||||
25 | breaks, breaks for increased water intake, and breaks for | ||||||
26 | periodic rest; private non-bathroom space for expressing |
| |||||||
| |||||||
1 | breast milk and breastfeeding; seating; assistance with | ||||||
2 | manual labor; light duty; temporary transfer to a less | ||||||
3 | strenuous or hazardous position; the provision of an | ||||||
4 | accessible worksite; acquisition or modification of | ||||||
5 | equipment; job restructuring; a part-time or modified work | ||||||
6 | schedule; appropriate adjustment or modifications of | ||||||
7 | examinations, training materials, or policies; | ||||||
8 | reassignment to a vacant position; time off to recover | ||||||
9 | from conditions related to childbirth; and leave | ||||||
10 | necessitated by pregnancy, childbirth, or medical or | ||||||
11 | common conditions resulting from pregnancy or childbirth. | ||||||
12 | For the purposes of this subdivision (J), "undue | ||||||
13 | hardship" means an action that is prohibitively expensive | ||||||
14 | or disruptive when considered in light of the following | ||||||
15 | factors: (i) the nature and cost of the accommodation | ||||||
16 | needed; (ii) the overall financial resources of the | ||||||
17 | facility or facilities involved in the provision of the | ||||||
18 | reasonable accommodation, the number of persons employed | ||||||
19 | at the facility, the effect on expenses and resources, or | ||||||
20 | the impact otherwise of the accommodation upon the | ||||||
21 | operation of the facility; (iii) the overall financial | ||||||
22 | resources of the employer, the overall size of the | ||||||
23 | business of the employer with respect to the number of its | ||||||
24 | employees, and the number, type, and location of its | ||||||
25 | facilities; and (iv) the type of operation or operations | ||||||
26 | of the employer, including the composition, structure, and |
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1 | functions of the workforce of the employer, the geographic | ||||||
2 | separateness, administrative, or fiscal relationship of | ||||||
3 | the facility or facilities in question to the employer. | ||||||
4 | The employer has the burden of proving undue hardship. The | ||||||
5 | fact that the employer provides or would be required to | ||||||
6 | provide a similar accommodation to similarly situated | ||||||
7 | employees creates a rebuttable presumption that the | ||||||
8 | accommodation does not impose an undue hardship on the | ||||||
9 | employer. | ||||||
10 | No employer is required by this subdivision (J) to | ||||||
11 | create additional employment that the employer would not | ||||||
12 | otherwise have created, unless the employer does so or | ||||||
13 | would do so for other classes of employees who need | ||||||
14 | accommodation. The employer is not required to discharge | ||||||
15 | any employee, transfer any employee with more seniority, | ||||||
16 | or promote any employee who is not qualified to perform | ||||||
17 | the job, unless the employer does so or would do so to | ||||||
18 | accommodate other classes of employees who need it. | ||||||
19 | (K) Notice. | ||||||
20 | (1) For an employer to fail to post or keep posted | ||||||
21 | in a conspicuous location on the premises of the | ||||||
22 | employer where notices to employees are customarily | ||||||
23 | posted, or fail to include in any employee handbook | ||||||
24 | information concerning an employee's rights under this | ||||||
25 | Article, a notice, to be prepared or approved by the | ||||||
26 | Department, summarizing the requirements of this |
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1 | Article and information pertaining to the filing of a | ||||||
2 | charge, including the right to be free from unlawful | ||||||
3 | discrimination, the right to be free from sexual | ||||||
4 | harassment, and the right to certain reasonable | ||||||
5 | accommodations. The Department shall make the | ||||||
6 | documents required under this paragraph available for | ||||||
7 | retrieval from the Department's website. | ||||||
8 | (2) Upon notification of a violation of paragraph | ||||||
9 | (1) of this subdivision (K), the Department may launch | ||||||
10 | a preliminary investigation. If the Department finds a | ||||||
11 | violation, the Department may issue a notice to show | ||||||
12 | cause giving the employer 30 days to correct the | ||||||
13 | violation. If the violation is not corrected, the | ||||||
14 | Department may initiate a charge of a civil rights | ||||||
15 | violation. | ||||||
16 | (L) Predictive Data Analytics. | ||||||
17 | (1) An employer that uses predictive data | ||||||
18 | analytics in its employment decisions may not consider | ||||||
19 | the applicant's race or zip code when used as a proxy | ||||||
20 | for race to reject an applicant in the context of | ||||||
21 | recruiting, hiring, promotion, renewal of employment, | ||||||
22 | selection for training or apprenticeship, discharge, | ||||||
23 | discipline, tenure or terms, privileges, or conditions | ||||||
24 | of employment. | ||||||
25 | (2) Nothing in this Act shall be construed to | ||||||
26 | prevent the use of predictive data analytics to |
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1 | support the inclusion of diverse candidates in making | ||||||
2 | employment decisions. | ||||||
3 | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
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4 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
5 | Practices Act is amended by adding Section 2BBBB as follows: | ||||||
6 | (815 ILCS 505/2BBBB new) | ||||||
7 | Sec. 2BBBB. Creditworthiness; use of predictive analytics. | ||||||
8 | (a) In this Section, "predictive data analytics" means the | ||||||
9 | use of automated machine learning algorithms for the purpose | ||||||
10 | of statistically analyzing a person's behavior. | ||||||
11 | (b) A person or entity that relies either partially or | ||||||
12 | fully on predictive data analytics to determine a consumer's | ||||||
13 | creditworthiness may not allow the use of information about | ||||||
14 | the consumer that assigns specific risk factors to the | ||||||
15 | consumer's race or zip code resulting in rejection of credit | ||||||
16 | or other adverse credit-related action to a consumer. | ||||||
17 | (c) A person or entity that uses predictive data analytics | ||||||
18 | to determine the creditworthiness of more than 50 consumers in | ||||||
19 | a calendar year who are State residents shall, within 90 days | ||||||
20 | after the effective date of this amendatory Act of the 103rd | ||||||
21 | General Assembly, devise procedures to ensure that it does not | ||||||
22 | consider information that assigns specific risk factors to a | ||||||
23 | consumer's race or zip code when rejecting or taking other | ||||||
24 | adverse action on a consumer's application for credit. |
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1 | (d) A person or entity that violates this Section commits | ||||||
2 | an unlawful practice within the meaning of this Act.
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