State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Sara Feigenholtz


775 ILCS 5/2-101
775 ILCS 5/2-102  from Ch. 68, par. 2-102
775 ILCS 5/2-108

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in abusive conduct. Provides circumstances under which an employer is responsible for abusive conduct by nonmanagerial and nonsupervisory employees and for abusive conduct against nonemployees. Includes abusive conduct cases in provisions concerning required reporting by employers. Defines "abusive conduct" as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests. Makes conforming changes.

LRB103 27630 LNS 54006 b





SB2342LRB103 27630 LNS 54006 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 2-101, 2-102, and 2-108, as follows:
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable 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



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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



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



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1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5    For purposes of this definition, the phrase "working
6environment" is not limited to a physical location an employee
7is assigned to perform his or her duties.
8    (E-1) Harassment. "Harassment" means any unwelcome conduct
9on the basis of an individual's actual or perceived race,
10color, religion, national origin, ancestry, age, sex, marital
11status, order of protection status, disability, military
12status, sexual orientation, pregnancy, unfavorable discharge
13from military service, citizenship status, or work
14authorization status that has the purpose or effect of
15substantially interfering with the individual's work
16performance or creating an intimidating, hostile, or offensive
17working environment. For purposes of this definition, the
18phrase "working environment" is not limited to a physical
19location an employee is assigned to perform his or her duties.
20    (E-2) Abusive Conduct. "Abusive conduct" means conduct of
21an employer or employee in the workplace, with malice, that a
22reasonable person would find hostile, offensive, and unrelated
23to an employer's legitimate business interests. "Abusive
24conduct" includes, but is not limited to, repeated infliction
25of verbal abuse, such as the use of derogatory remarks,
26insults, and epithets, verbal or physical conduct that a



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1reasonable person would find threatening, intimidating, or
2humiliating, and the gratuitous sabotage or undermining of a
3person's work performance. "Abusive conduct" does not include
4a single act, unless the act is especially severe and
6    (F) Religion. "Religion" with respect to employers
7includes all aspects of religious observance and practice, as
8well as belief, unless an employer demonstrates that he is
9unable to reasonably accommodate an employee's or prospective
10employee's religious observance or practice without undue
11hardship on the conduct of the employer's business.
12    (G) Public Employer. "Public employer" means the State, an
13agency or department thereof, unit of local government, school
14district, instrumentality or political subdivision.
15    (H) Public Employee. "Public employee" means an employee
16of the State, agency or department thereof, unit of local
17government, school district, instrumentality or political
18subdivision. "Public employee" does not include public
19officers or employees of the General Assembly or agencies
21    (I) Public Officer. "Public officer" means a person who is
22elected to office pursuant to the Constitution or a statute or
23ordinance, or who is appointed to an office which is
24established, and the qualifications and duties of which are
25prescribed, by the Constitution or a statute or ordinance, to
26discharge a public duty for the State, agency or department



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1thereof, unit of local government, school district,
2instrumentality or political subdivision.
3    (J) Eligible Bidder. "Eligible bidder" means a person who,
4prior to contract award or prior to bid opening for State
5contracts for construction or construction-related services,
6has filed with the Department a properly completed, sworn and
7currently valid employer report form, pursuant to the
8Department's regulations. The provisions of this Article
9relating to eligible bidders apply only to bids on contracts
10with the State and its departments, agencies, boards, and
11commissions, and the provisions do not apply to bids on
12contracts with units of local government or school districts.
13    (K) Citizenship Status. "Citizenship status" means the
14status of being:
15        (1) a born U.S. citizen;
16        (2) a naturalized U.S. citizen;
17        (3) a U.S. national; or
18        (4) a person born outside the United States and not a
19    U.S. citizen who is lawfully present and who is protected
20    from discrimination under the provisions of Section 1324b
21    of Title 8 of the United States Code, as now or hereafter
22    amended.
23    (L) Work Authorization Status. "Work authorization status"
24means the status of being a person born outside of the United
25States, and not a U.S. citizen, who is authorized by the
26federal government to work in the United States.



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1(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
2102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
4    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
5    Sec. 2-102. Civil rights violations - employment. It is a
6civil rights violation:
7        (A) Employers. For any employer: (i) to refuse to
8    hire, to segregate, to engage in harassment as defined in
9    subsection (E-1) of Section 2-101, or to act with respect
10    to recruitment, hiring, promotion, renewal of employment,
11    selection for training or apprenticeship, discharge,
12    discipline, tenure or terms, privileges or conditions of
13    employment on the basis of unlawful discrimination,
14    citizenship status, or work authorization status; or (ii)
15    to engage in abusive conduct as defined in subsection
16    (E-2) of Section 2-101. An employer is responsible for
17    harassment or abusive conduct by the employer's
18    nonmanagerial and nonsupervisory employees only if the
19    employer becomes aware of the conduct and fails to take
20    reasonable corrective measures.
21        (A-5) Language. For an employer to impose a
22    restriction that has the effect of prohibiting a language
23    from being spoken by an employee in communications that
24    are unrelated to the employee's duties.
25        For the purposes of this subdivision (A-5), "language"



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1    means a person's native tongue, such as Polish, Spanish,
2    or Chinese. "Language" does not include such things as
3    slang, jargon, profanity, or vulgarity.
4        (A-10) Harassment of nonemployees. For any employer,
5    employment agency, or labor organization to engage in
6    harassment of nonemployees in the workplace. An employer
7    is responsible for harassment of nonemployees by the
8    employer's nonmanagerial and nonsupervisory employees only
9    if the employer becomes aware of the conduct and fails to
10    take reasonable corrective measures. For the purposes of
11    this subdivision (A-10), "nonemployee" means a person who
12    is not otherwise an employee of the employer and is
13    directly performing services for the employer pursuant to
14    a contract with that employer. "Nonemployee" includes
15    contractors and consultants. This subdivision applies to
16    harassment occurring on or after the effective date of
17    this amendatory Act of the 101st General Assembly.
18        (A-15) Abusive conduct against nonemployees. For any
19    employer, employment agency, or labor organization to
20    engage in abusive conduct against nonemployees in the
21    workplace. An employer is responsible for the abusive
22    conduct against nonemployees by the employer's
23    nonmanagerial and nonsupervisory employees only if the
24    employer becomes aware of the conduct and fails to take
25    reasonable corrective measures. For the purposes of this
26    subdivision (A-15), "nonemployee" means a person who is



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1    not otherwise an employee of the employer and is directly
2    performing services for the employer pursuant to a
3    contract with that employer. "Nonemployee" includes
4    contractors and consultants. This subdivision applies to
5    abusive conduct occurring on or after the effective date
6    of this amendatory Act of the 103rd 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



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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



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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



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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



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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



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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



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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



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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



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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



SB2342- 20 -LRB103 27630 LNS 54006 b

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(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
17    (775 ILCS 5/2-108)
18    (Section scheduled to be repealed on January 1, 2030)
19    Sec. 2-108. Employer disclosure requirements.
20    (A) Definitions. The following definitions are applicable
21strictly to this Section:
22        (1) "Employer" means:
23            (a) any person employing one or more employees
24        within this State;
25            (b) a labor organization; or



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1            (c) the State and any political subdivision,
2        municipal corporation, or other governmental unit or
3        agency, without regard to the number of employees.
4        (2) "Settlement" means any written commitment or
5    written agreement, including any agreed judgment,
6    stipulation, decree, agreement to settle, assurance of
7    discontinuance, or otherwise between an employee, as
8    defined by subsection (A) of Section 2-101, or a
9    nonemployee to whom an employer owes a duty under this Act
10    pursuant to subsection (A-10), (A-15), or (D-5) of Section
11    2-102, and an employer under which the employer directly
12    or indirectly provides to an individual compensation or
13    other consideration due to an allegation that the
14    individual has been a victim of sexual harassment, abusive
15    conduct, or unlawful discrimination under this Act.
16        (3) "Adverse judgment or administrative ruling" means
17    any final and non-appealable adverse judgment or final and
18    non-appealable administrative ruling entered in favor of
19    an employee as defined by subsection (A) of Section 2-101
20    or a nonemployee to whom an employer owes a duty under this
21    Act pursuant to subsection (A-10), (A-15), or (D-5) of
22    Section 2-102, and against the employer during the
23    preceding year in which there was a finding of sexual
24    harassment, abusive conduct, or unlawful discrimination
25    brought under this Act, Title VII of the Civil Rights Act
26    of 1964, or any other federal, State, or local law



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1    prohibiting sexual harassment, abusive conduct, or
2    unlawful discrimination.
3    (B) Required disclosures. Beginning July 1, 2020, and by
4each July 1 thereafter, each employer that had an adverse
5judgment or administrative ruling against it in the preceding
6calendar year, as provided in this Section, shall disclose
7annually to the Department of Human Rights the following
9        (1) the total number of adverse judgments or
10    administrative rulings during the preceding year;
11        (2) whether any equitable relief was ordered against
12    the employer in any adverse judgment or administrative
13    ruling described in paragraph (1);
14        (3) how many adverse judgments or administrative
15    rulings described in paragraph (1) are in each of the
16    following categories:
17            (a) sexual harassment;
18            (b) discrimination or harassment on the basis of
19        sex;
20            (c) discrimination or harassment on the basis of
21        race, color, or national origin;
22            (d) discrimination or harassment on the basis of
23        religion;
24            (e) discrimination or harassment on the basis of
25        age;
26            (f) discrimination or harassment on the basis of



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1        disability;
2            (g) discrimination or harassment on the basis of
3        military status or unfavorable discharge from military
4        status;
5            (h) discrimination or harassment on the basis of
6        sexual orientation or gender identity; and
7            (i) discrimination or harassment on the basis of
8        any other characteristic protected under this Act; and
9            (j) abusive conduct.
10    (C) Settlements. If the Department is investigating a
11charge filed pursuant to this Act, the Department may request
12the employer responding to the charge to submit the total
13number of settlements entered into during the preceding 5
14years, or less at the direction of the Department, that relate
15to any alleged act of sexual harassment, abusive conduct, or
16unlawful discrimination that:
17        (1) occurred in the workplace of the employer; or
18        (2) involved the behavior of an employee of the
19    employer or a corporate executive of the employer, without
20    regard to whether that behavior occurred in the workplace
21    of the employer.
22    The total number of settlements entered into during the
23requested period shall be reported along with how many
24settlements are in each of the following categories, when
25requested by the Department pursuant to this subsection:
26        (a) sexual harassment;



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1        (b) discrimination or harassment on the basis of sex;
2        (c) discrimination or harassment on the basis of race,
3    color, or national origin;
4        (d) discrimination or harassment on the basis of
5    religion;
6        (e) discrimination or harassment on the basis of age;
7        (f) discrimination or harassment on the basis of
8    disability;
9        (g) discrimination or harassment on the basis of
10    military status or unfavorable discharge from military
11    status;
12        (h) discrimination or harassment on the basis of
13    sexual orientation or gender identity; and
14        (i) discrimination or harassment on the basis of any
15    other characteristic protected under this Act; and
16        (j) abusive conduct.
17    The Department shall not rely on the existence of any
18settlement agreement to support a finding of substantial
19evidence under this Act.
20    (D) Prohibited disclosures. An employer may not disclose
21the name of a victim of an act of alleged sexual harassment,
22abusive conduct, or unlawful discrimination in any disclosures
23required under this Section.
24    (E) Annual report. The Department shall publish an annual
25report aggregating the information reported by employers under
26subsection (B) of this Section such that no individual



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1employer data is available to the public. The report shall
2include the number of adverse judgments or administrative
3rulings filed during the preceding calendar year based on each
4of the protected classes identified by this Act.
5    The report shall be filed with the General Assembly and
6made available to the public by December 31 of each reporting
7year. Data submitted by an employer to comply with this
8Section is confidential and exempt from the Freedom of
9Information Act.
10    (F) Failure to report and penalties. If an employer fails
11to make any disclosures required under this Section, the
12Department shall issue a notice to show cause giving the
13employer 30 days to disclose the required information. If the
14employer does not make the required disclosures within 30
15days, the Department shall petition the Illinois Human Rights
16Commission for entry of an order imposing a civil penalty
17against the employer pursuant to Section 8-109.1. The civil
18penalty shall be paid into the Department of Human Rights'
19Training and Development Fund.
20    (G) Rules. The Department shall adopt any rules it deems
21necessary for implementation of this Section.
22    (H) This Section is repealed on January 1, 2030.
23(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)