093_HB3486enr

HB3486 Enrolled                      LRB093 06684 WGH 12062 b

 1        AN ACT in relation to employment.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Victims' Economic Security and Safety Act.

 6        Section 5.  Findings.  The  General  Assembly  finds  and
 7    declares the following:
 8             (1)  Domestic   and  sexual  violence  affects  many
 9        persons without regard to age, race,  educational  level,
10        socioeconomic status, religion, or occupation.
11             (2)  Domestic  and sexual violence has a devastating
12        effect on  individuals,  families,  communities  and  the
13        workplace.
14             (3)  Domestic    violence    crimes    account   for
15        approximately 15% of total  crime  costs  in  the  United
16        States each year.
17             (4)  Violence  against women has been reported to be
18        the leading cause  of  physical  injury  to  women.  Such
19        violence has a devastating impact on women's physical and
20        emotional health and financial security.
21             (5)  According  to  recent  government surveys, from
22        1993 through 1998 the average annual  number  of  violent
23        victimizations   committed   by   intimate  partners  was
24        1,082,110, 87% of which were committed against women.
25             (6)  Female murder victims were  substantially  more
26        likely than male murder victims to have been killed by an
27        intimate   partner.  About  one-third  of  female  murder
28        victims, and about 4% of male murder victims, were killed
29        by an intimate partner.
30             (7)  According  to  recent   government   estimates,
31        approximately  987,400 rapes occur annually in the United
 
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 1        States, 89% of the rapes are perpetrated  against  female
 2        victims.
 3             (8)  Approximately   10,200,000   people  have  been
 4        stalked at some time in their lives. Four out of every  5
 5        stalking victims are women. Stalkers harass and terrorize
 6        their  victims by spying on the victims, standing outside
 7        their places of work  or  homes,  making  unwanted  phone
 8        calls,  sending  or leaving unwanted letters or items, or
 9        vandalizing property.
10             (9)  Employees in the United States  who  have  been
11        victims  of  domestic  violence,  dating violence, sexual
12        assault,   or   stalking   too   often   suffer   adverse
13        consequences in  the  workplace  as  a  result  of  their
14        victimization.
15             (10)  Victims of domestic violence, dating violence,
16        sexual  assault, and stalking face the threat of job loss
17        and loss of health insurance as a result of  the  illegal
18        acts of the perpetrators of violence.
19             (11)  The  prevalence  of  domestic violence, dating
20        violence, sexual assault, stalking,  and  other  violence
21        against  women  at work is dramatic. Approximately 11% of
22        all  rapes  occur  in   the   workplace.   About   50,500
23        individuals,  83%  of  whom  are  women,  were  raped  or
24        sexually  assaulted  in the workplace each year from 1992
25        through 1996. Half  of  all  female  victims  of  violent
26        workplace  crimes know their attackers. Nearly one out of
27        10 violent workplace incidents is committed  by  partners
28        or spouses.
29             (12)  Homicide  is  the  leading  cause of death for
30        women on the job. Husbands, boyfriends,  and  ex-partners
31        commit 15% of workplace homicides against women.
32             (13)  Studies  indicate  that  as  much  as  74%  of
33        employed battered women surveyed were harassed at work by
34        their abusive partners.
 
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 1             (14)  According to a 1998 report of the U.S. General
 2        Accounting  Office,  between  one-fourth  and one-half of
 3        domestic violence victims surveyed in 3 studies  reported
 4        that  the  victims  lost  a job due, at least in part, to
 5        domestic violence.
 6             (15)  Women who have experienced  domestic  violence
 7        or dating violence are more likely than other women to be
 8        unemployed,  to  suffer  from  health  problems  that can
 9        affect employability and job performance, to report lower
10        personal income, and to rely on welfare.
11             (16)  Abusers  frequently  seek  to  control   their
12        partners  by  actively  interfering with their ability to
13        work, including preventing their partners from  going  to
14        work,  harassing  their  partners  at  work, limiting the
15        access of their partners to cash or  transportation,  and
16        sabotaging the child care arrangements of their partners.
17             (17)  More  than one-half of women receiving welfare
18        have been victims of  domestic  violence  as  adults  and
19        between one-fourth and one-third reported being abused in
20        the last year.
21             (18)  Sexual assault, whether occurring in or out of
22        the workplace, can impair an employee's work performance,
23        require time away from work, and undermine the employee's
24        ability  to  maintain a job. Almost 50% of sexual assault
25        survivors lose their jobs or are forced to  quit  in  the
26        aftermath of the assaults.
27             (19)  More   than  one-fourth  of  stalking  victims
28        report losing time from work due to the stalking  and  7%
29        never return to work.
30             (20)  (A)  According  to  the  National Institute of
31        Justice,  crime  costs  an   estimated   $450,000,000,000
32        annually  in  medical  expenses,  lost  earnings,  social
33        service  costs,  pain,  suffering, and reduced quality of
34        life for victims, which harms the  Nation's  productivity
 
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 1        and  drains  the  Nation's  resources.  (B) Violent crime
 2        accounts for $426,000,000,000 per year  of  this  amount.
 3        (C)  Rape  exacts  the  highest  costs  per victim of any
 4        criminal offense, and accounts for  $127,000,000,000  per
 5        year of the amount described in subparagraph (A).
 6             (21)  The  Bureau  of National Affairs has estimated
 7        that domestic  violence  costs  United  States  employers
 8        between  $3,000,000,000  and  $5,000,000,000  annually in
 9        lost time and productivity. Other reports have  estimated
10        that  domestic  violence  costs  United  States employers
11        $13,000,000,000 annually.
12             (22)  United  States  medical  costs  for   domestic
13        violence  have  been  estimated to be $31,000,000,000 per
14        year.
15             (23)  Ninety-four percent of corporate security  and
16        safety  directors  at  companies nationwide rank domestic
17        violence as a high security concern.
18             (24)    Forty-nine  percent  of  senior   executives
19        recently  surveyed  said  domestic violence has a harmful
20        effect on their company's productivity, 47% said domestic
21        violence negatively  affects  attendance,  and  44%  said
22        domestic violence increases health care costs.
23             (25)  Employees, including individuals participating
24        in welfare to work programs, may need to take time during
25        business hours to:
26                  (A)  obtain orders of protection;
27                  (B)  seek    medical   or   legal   assistance,
28             counseling, or other services; or
29                  (C)  look for housing in order to  escape  from
30             domestic violence.

31        Section 10. Definitions. In this Act, except as otherwise
32    expressly provided:
33             (1)  "Commerce"  includes  trade, traffic, commerce,
 
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 1        transportation,  or  communication;  and   "industry   or
 2        activity   affecting   commerce"   means   any  activity,
 3        business, or industry in commerce or  in  which  a  labor
 4        dispute  would  hinder  or  obstruct commerce or the free
 5        flow  of  commerce,  and  includes  "commerce"  and   any
 6        "industry affecting commerce".
 7             (2)  "Course   of   conduct"   means   a  course  of
 8        repeatedly maintaining a visual or physical proximity  to
 9        a  person or conveying oral or written threats, including
10        threats conveyed through  electronic  communications,  or
11        threats implied by conduct.
12             (3)  "Department" means the Department of Labor.
13             (4)  "Director" means the Director of Labor.
14             (5)  "Domestic  or  sexual  violence" means domestic
15        violence, sexual assault, or stalking.
16             (6)  "Domestic violence" includes acts or threats of
17        violence, not including acts of self defense, as  defined
18        in  subdivision  (3)  of  Section  103  of  the  Illinois
19        Domestic  Violence  Act of 1986, sexual assault, or death
20        to the  person,  or  the  person's  family  or  household
21        member, if the conduct causes the specific person to have
22        such distress or fear.
23             (7)  "Electronic       communications"      includes
24        communications via  telephone,  mobile  phone,  computer,
25        e-mail, video recorder, fax machine, telex, or pager.
26             (8)  "Employ" includes to suffer or permit to work.
27             (9)  Employee.
28                  (A)  In  general.  "Employee"  means any person
29             employed by an employer.
30                  (B)  Basis.  "Employee"   includes   a   person
31             employed  as described in subparagraph (A) on a full
32             or part-time basis, or as a participant  in  a  work
33             assignment  as  a condition of receipt of federal or
34             State income-based public assistance.
 
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 1             (10)  "Employer" means any of the following: (A) the
 2        State or any agency of the State; (B) any unit  of  local
 3        government  or  school  district;  or (C) any person that
 4        employs at least 50 employees.
 5             (11)  "Employment  benefits"  means   all   benefits
 6        provided  or  made available to employees by an employer,
 7        including  group  life   insurance,   health   insurance,
 8        disability   insurance,   sick   leave,   annual   leave,
 9        educational benefits, and pensions, regardless of whether
10        such  benefits  are  provided  by  a  practice or written
11        policy of an employer or  through  an  "employee  benefit
12        plan".   "Employee  benefit  plan"  or  "plan"  means  an
13        employee welfare benefit  plan  or  an  employee  pension
14        benefit  plan or a plan which is both an employee welfare
15        benefit plan and an employee pension benefit plan.
16             (12)  "Family or household member" means  a  spouse,
17        parent,  son,  daughter,  and persons jointly residing in
18        the same household.
19             (13)  "Parent" means the  biological  parent  of  an
20        employee  or  an individual who stood in loco parentis to
21        an employee when the employee was a son or daughter. "Son
22        or daughter"  means  a  biological,  adopted,  or  foster
23        child,  a stepchild, a legal ward, or a child of a person
24        standing in loco parentis, who is under 18 years of  age,
25        or is 18 years of age or older and incapable of self-care
26        because of a mental or physical disability.
27             (14)  "Perpetrator"  means an individual who commits
28        or is alleged to have committed  any  act  or  threat  of
29        domestic or sexual violence.
30             (15)  "Person"  means  an  individual,  partnership,
31        association,    corporation,    business   trust,   legal
32        representative, or any organized group of persons.
33             (16)  "Public agency" means the  Government  of  the
34        State or political subdivision thereof; any agency of the
 
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 1        State, or of a political subdivision of the State; or any
 2        governmental agency.
 3             (17)  "Public   assistance"   includes   cash,  food
 4        stamps, medical assistance, housing assistance, and other
 5        benefits provided on the basis  of  income  by  a  public
 6        agency or public employer.
 7             (18)  "Reduced  work schedule" means a work schedule
 8        that reduces the usual number of hours per  workweek,  or
 9        hours per workday, of an employee.
10             (19)  "Repeatedly" means on 2 or more occasions.
11             (20)  "Sexual  assault" means any conduct proscribed
12        by the Criminal Code of 1961 in  Sections  12-13,  12-14,
13        12-14.1, 12-15, and 12-16.
14             (21)  "Stalking" means any conduct proscribed by the
15        Criminal Code of 1961 in Sections 12-7.3 and 12-7.4.
16             (22)  "Victim" or "survivor" means an individual who
17        has been subjected to domestic or sexual violence.
18             (23)  "Victim   services   organization"   means   a
19        nonprofit,  nongovernmental  organization  that  provides
20        assistance  to  victims of domestic or sexual violence or
21        to advocates for such victims, including  a  rape  crisis
22        center,  an organization carrying out a domestic violence
23        program, an organization operating a shelter or providing
24        counseling services, or a legal services organization  or
25        other organization providing assistance through the legal
26        process.

27        Section 15. Purposes. The purposes of this Act are:
28             (1)  to  promote  the  State's  interest in reducing
29        domestic violence, dating violence, sexual  assault,  and
30        stalking  by  enabling  victims  of  domestic  or  sexual
31        violence to maintain the financial independence necessary
32        to leave abusive situations, achieve safety, and minimize
33        the  physical  and  emotional  injuries  from domestic or
 
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 1        sexual violence, and to reduce the  devastating  economic
 2        consequences  of domestic or sexual violence to employers
 3        and employees;
 4             (2)  to address the  failure  of  existing  laws  to
 5        protect  the  employment  rights  of  employees  who  are
 6        victims of domestic or sexual violence and employees with
 7        a  family or household member who is a victim of domestic
 8        or sexual violence, by protecting the civil and  economic
 9        rights  of  those  employees, and by furthering the equal
10        opportunity of women for  economic  self-sufficiency  and
11        employment free from discrimination;
12             (3)  to   accomplish   the   purposes  described  in
13        paragraphs (1) and (2) by entitling employed  victims  of
14        domestic  or sexual violence to take unpaid leave to seek
15        medical  help,  legal  assistance,   counseling,   safety
16        planning, and other assistance without penalty from their
17        employers.

18        Section  20.  Entitlement  to  leave  due  to domestic or
19    sexual violence.
20        (a)  Leave requirement.
21             (1)  Basis. An employee who is a victim of  domestic
22        or  sexual  violence  or has a family or household member
23        who is a victim of  domestic  or  sexual  violence  whose
24        interests  are  not adverse to the employee as it relates
25        to the domestic or sexual violence may take unpaid  leave
26        from work to address domestic or sexual violence by:
27                  (A)  seeking    medical   attention   for,   or
28             recovering from, physical or psychological  injuries
29             caused   by  domestic  or  sexual  violence  to  the
30             employee  or  the  employee's  family  or  household
31             member;
32                  (B)  obtaining services from a victim  services
33             organization  for  the  employee  or  the employee's
 
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 1             family or household member;
 2                  (C)  obtaining    psychological    or     other
 3             counseling for the employee or the employee's family
 4             or household member;
 5                  (D)  participating    in    safety    planning,
 6             temporarily  or  permanently  relocating,  or taking
 7             other actions to increase the safety of the employee
 8             or the employee's family or  household  member  from
 9             future   domestic   or  sexual  violence  or  ensure
10             economic security; or
11                  (E)  seeking legal assistance  or  remedies  to
12             ensure  the health and safety of the employee or the
13             employee's family  or  household  member,  including
14             preparing  for  or  participating  in  any  civil or
15             criminal legal proceeding related to or derived from
16             domestic or sexual violence.
17             (2)  Period. Subject to subsection (c), an  employee
18        shall  be  entitled  to  a total of 12 workweeks of leave
19        during any 12-month period. This Act does  not  create  a
20        right  for  an employee to take unpaid leave that exceeds
21        the unpaid leave time allowed under, or is in addition to
22        the unpaid leave time permitted by,  the  federal  Family
23        and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
24             (3)  Schedule.  Leave described in paragraph (1) may
25        be taken intermittently or on a reduced work schedule.
26        (b)  Notice. The employee shall provide the employer with
27    at least 48 hours' advance notice of the employee's intention
28    to take the  leave,  unless  providing  such  notice  is  not
29    practicable. When an unscheduled absence occurs, the employer
30    may not take any action against the employee if the employee,
31    within  a  reasonable  period  after  the  absence,  provides
32    certification under subsection (c).
33        (c)  Certification.
34             (1)  In   general.  The  employer  may  require  the
 
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 1        employee to provide certification to the employer that:
 2                  (A)  the employee or the employee's  family  or
 3             household  member  is a victim of domestic or sexual
 4             violence; and
 5                  (B)  the leave  is  for  one  of  the  purposes
 6             enumerated in paragraph (a)(1).
 7             The employee shall provide such certification to the
 8        employer  within  a  reasonable period after the employer
 9        requests certification.
10             (2)  Contents.   An   employee   may   satisfy   the
11        certification requirement of paragraph (1)  by  providing
12        to  the  employer  a sworn statement of the employee, and
13        upon obtaining such documents the employee shall provide:
14                  (A)  documentation from an employee, agent,  or
15             volunteer  of  a  victim  services  organization, an
16             attorney, a member of the clergy, or  a  medical  or
17             other  professional  from  whom  the employee or the
18             employee's family or  household  member  has  sought
19             assistance in addressing domestic or sexual violence
20             and the effects of the violence;
21                  (B)  a police or court record; or
22                  (C)  other corroborating evidence.
23        (d)  Confidentiality.  All  information  provided  to the
24    employer pursuant to  subsection  (b)  or  (c),  including  a
25    statement of the employee or any other documentation, record,
26    or corroborating evidence, and the fact that the employee has
27    requested  or  obtained leave pursuant to this Section, shall
28    be retained in the  strictest  confidence  by  the  employer,
29    except to the extent that disclosure is:
30             (1)  requested  or  consented  to  in writing by the
31        employee; or
32             (2)  otherwise required  by  applicable  federal  or
33        State law.
34        (e)  Employment and benefits.
 
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 1             (1)  Restoration to position.
 2                  (A)  In  general.  Any employee who takes leave
 3             under this Section for the intended purpose  of  the
 4             leave shall be entitled, on return from such leave:
 5                       (i)  to be restored by the employer to the
 6                  position  of  employment  held  by the employee
 7                  when the leave commenced; or
 8                       (ii)  to  be  restored  to  an  equivalent
 9                  position with equivalent  employment  benefits,
10                  pay,   and   other   terms  and  conditions  of
11                  employment.
12                  (B)  Loss of  benefits.  The  taking  of  leave
13             under  this  Section shall not result in the loss of
14             any employment benefit accrued prior to the date  on
15             which the leave commenced.
16                  (C)  Limitations.  Nothing  in  this subsection
17             shall be construed to entitle any restored  employee
18             to:
19                       (i)  the   accrual  of  any  seniority  or
20                  employment benefits during any period of leave;
21                  or
22                       (ii)  any right, benefit, or  position  of
23                  employment  other  than  any right, benefit, or
24                  position to which the employee would have  been
25                  entitled had the employee not taken the leave.
26                  (D)  Construction.  Nothing  in  this paragraph
27             shall be construed  to  prohibit  an  employer  from
28             requiring an employee on leave under this Section to
29             report  periodically  to  the employer on the status
30             and intention of the employee to return to work.
31             (2)  Maintenance of health benefits.
32                  (A)  Coverage.   Except    as    provided    in
33             subparagraph (B), during any period that an employee
34             takes  leave  under this Section, the employer shall
 
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 1             maintain coverage for the employee and any family or
 2             household member under any group health plan for the
 3             duration of such leave at the level  and  under  the
 4             conditions  coverage would have been provided if the
 5             employee had continued  in  employment  continuously
 6             for the duration of such leave.
 7                  (B)  Failure to return from leave. The employer
 8             may  recover  the premium that the employer paid for
 9             maintaining  coverage  for  the  employee  and   the
10             employee's  family  or  household  member under such
11             group health plan during any period of  leave  under
12             this Section if:
13                       (i)  the  employee  fails  to  return from
14                  leave under this Section after  the  period  of
15                  leave  to  which  the  employee is entitled has
16                  expired; and
17                       (ii)  the employee fails to return to work
18                  for a reason other than:
19                            (I)  the continuation, recurrence, or
20                       onset of domestic or sexual violence  that
21                       entitles the employee to leave pursuant to
22                       this Section; or
23                            (II)  other  circumstances beyond the
24                       control of the employee.
25                  (C)  Certification.
26                       (i)  Issuance. An employer may require  an
27                  employee who claims that the employee is unable
28                  to return to work because of a reason described
29                  in   subclause  (I)  or  (II)  of  subparagraph
30                  (B)(ii) to provide, within a reasonable  period
31                  after  making  the  claim, certification to the
32                  employer that the employee is unable to  return
33                  to work because of that reason.
34                       (ii)  Contents.  An  employee  may satisfy
 
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 1                  the certification requirement of clause (i)  by
 2                  providing to the employer:
 3                            (I)  a   sworn   statement   of   the
 4                       employee;
 5                            (II)  documentation from an employee,
 6                       agent,  or  volunteer of a victim services
 7                       organization, an attorney, a member of the
 8                       clergy, or a medical or other professional
 9                       from  whom   the   employee   has   sought
10                       assistance   in   addressing  domestic  or
11                       sexual violence and the  effects  of  that
12                       violence;
13                            (III)  a police or court record; or
14                            (IV)  other corroborating evidence.
15                  (D)  Confidentiality.  All information provided
16             to  the  employer  pursuant  to  subparagraph   (C),
17             including  a  statement of the employee or any other
18             documentation, record,  or  corroborating  evidence,
19             and  the  fact that the employee is not returning to
20             work because of a reason described in subclause  (I)
21             or (II) of subparagraph (B)(ii) shall be retained in
22             the  strictest confidence by the employer, except to
23             the extent that disclosure is:
24                       (i)  requested or consented to in  writing
25                  by the employee; or
26                       (ii)  otherwise   required  by  applicable
27                  federal or State law.
28        (f)  Prohibited acts.
29             (1)  Interference with rights.
30                  (A)  Exercise of rights. It shall  be  unlawful
31             for  any  employer  to  interfere with, restrain, or
32             deny the exercise of or the attempt to exercise  any
33             right provided under this Section.
34                  (B)  Employer   discrimination.   It  shall  be
 
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 1             unlawful for any employer to discharge or harass any
 2             individual, or otherwise  discriminate  against  any
 3             individual  with  respect  to  compensation,  terms,
 4             conditions,  or  privileges  of  employment  of  the
 5             individual  (including  retaliation  in  any form or
 6             manner) because the individual:
 7                       (i)  exercised any  right  provided  under
 8                  this Section; or
 9                       (ii)  opposed  any  practice made unlawful
10                  by this Section.
11                  (C)  Public  agency  sanctions.  It  shall   be
12             unlawful  for  any public agency to deny, reduce, or
13             terminate the benefits of,  otherwise  sanction,  or
14             harass  any  individual,  or  otherwise discriminate
15             against any individual with respect to  the  amount,
16             terms,  or  conditions  of  public assistance of the
17             individual (including retaliation  in  any  form  or
18             manner) because the individual:
19                       (i)  exercised  any  right  provided under
20                  this Section; or
21                       (ii)  opposed any practice  made  unlawful
22                  by this Section.
23             (2)  Interference  with proceedings or inquiries. It
24        shall be unlawful for any person to discharge or  in  any
25        other  manner  discriminate (as described in subparagraph
26        (B) or (C)  of  paragraph  (1))  against  any  individual
27        because such individual:
28                  (A)  has filed any charge, or has instituted or
29             caused  to  be  instituted  any proceeding, under or
30             related to this Section;
31                  (B)  has  given,  or  is  about  to  give,  any
32             information  in  connection  with  any  inquiry   or
33             proceeding relating to any right provided under this
34             Section; or
 
HB3486 Enrolled            -15-      LRB093 06684 WGH 12062 b
 1                  (C)  has  testified, or is about to testify, in
 2             any inquiry or  proceeding  relating  to  any  right
 3             provided under this Section.

 4        Section 25. Existing leave usable for addressing domestic
 5    or  sexual violence. An employee who is entitled to take paid
 6    or unpaid leave (including  family,  medical,  sick,  annual,
 7    personal,  or  similar  leave)  from  employment, pursuant to
 8    federal,  State,  or  local  law,  a  collective   bargaining
 9    agreement,  or  an  employment  benefits program or plan, may
10    elect  to  substitute  any  period  of  such  leave  for   an
11    equivalent period of leave provided under Section 20.

12        Section    30.    Victims'   employment   sustainability;
13    prohibited discriminatory acts.
14        (a)  An employer shall not fail to hire, refuse to  hire,
15    discharge,  or  harass any individual, otherwise discriminate
16    against any individual  with  respect  to  the  compensation,
17    terms,   conditions,  or  privileges  of  employment  of  the
18    individual, or retaliate against an individual in any form or
19    manner, and a  public  agency  shall  not  deny,  reduce,  or
20    terminate  the benefits of, otherwise sanction, or harass any
21    individual, otherwise  discriminate  against  any  individual
22    with  respect  to  the amount, terms, or conditions of public
23    assistance  of  the  individual,  or  retaliate  against   an
24    individual in any form or manner, because:
25             (1)  the individual involved:
26                  (A)  is  or  is  perceived  to  be  a victim of
27             domestic or sexual violence;
28                  (B)  attended, participated in,  prepared  for,
29             or  requested  leave  to  attend, participate in, or
30             prepare for a criminal  or  civil  court  proceeding
31             relating  to  an  incident  of  domestic  or  sexual
32             violence  of  which  the  individual  or a family or
 
HB3486 Enrolled            -16-      LRB093 06684 WGH 12062 b
 1             household member of the individual was a victim; or
 2                  (C)  requested   an   adjustment   to   a   job
 3             structure, workplace facility, or work  requirement,
 4             including  a  transfer,  reassignment,  or  modified
 5             schedule,  leave,  a  changed  telephone  number  or
 6             seating  assignment,  installation  of  a  lock,  or
 7             implementation  of a safety procedure in response to
 8             actual or threatened domestic  or  sexual  violence,
 9             regardless of whether the request was granted; or
10             (2)  the workplace is disrupted or threatened by the
11        action  of  a  person  whom  the  individual  states  has
12        committed  or  threatened  to  commit  domestic or sexual
13        violence  against  the  individual  or  the  individual's
14        family or household member.
15        (b)  In this Section:
16             (1)  "Discriminate", used with respect to the terms,
17        conditions, or privileges of employment or  with  respect
18        to the terms or conditions of public assistance, includes
19        not  making  a  reasonable  accommodation  to  the  known
20        limitations  resulting  from  circumstances  relating  to
21        being a victim of domestic or sexual violence or a family
22        or  household member being a victim of domestic or sexual
23        violence of an otherwise qualified individual:
24                  (A)  who is:
25                       (i)  an  applicant  or  employee  of   the
26                  employer (including a public agency); or
27                       (ii)  an  applicant  for  or  recipient of
28                  public assistance from a public agency; and
29                  (B)  who is:
30                       (i)  a  victim  of  domestic   or   sexual
31                  violence; or
32                       (ii)  with  a  family  or household member
33                  who is a victim of domestic or sexual  violence
34                  whose   interests   are   not  adverse  to  the
 
HB3486 Enrolled            -17-      LRB093 06684 WGH 12062 b
 1                  individual in subparagraph (A) as it relates to
 2                  the domestic or sexual violence;
 3        unless the employer or public agency can demonstrate that
 4        the accommodation would impose an undue hardship  on  the
 5        operation of the employer or public agency.
 6             (2)  "Qualified individual" means:
 7                  (A)  in  the  case  of an applicant or employee
 8             described in paragraph (1)(A)(i), an individual who,
 9             but  for  being  a  victim  of  domestic  or  sexual
10             violence or with a family or household member who is
11             a victim of domestic or sexual violence, can perform
12             the essential functions of the  employment  position
13             that such individual holds or desires; or
14                  (B)  in  the  case of an applicant or recipient
15             described in  paragraph  (1)(A)(ii),  an  individual
16             who,  but  for  being a victim of domestic or sexual
17             violence or with a family or household member who is
18             a victim of domestic or sexual violence, can satisfy
19             the essential requirements of the program  providing
20             the  public  assistance that the individual receives
21             or desires.
22             (3)  "Reasonable  accommodation"  may   include   an
23        adjustment  to  a  job  structure, workplace facility, or
24        work requirement, including a transfer, reassignment,  or
25        modified  schedule,  leave, a changed telephone number or
26        seating  assignment,   installation   of   a   lock,   or
27        implementation  of  a  safety  procedure,  in response to
28        actual or threatened domestic or sexual violence.
29             (4)  Undue hardship.
30                  (A)  In  general.  "Undue  hardship"  means  an
31             action requiring significant difficulty or  expense,
32             when considered in light of the factors set forth in
33             subparagraph (B).
34                  (B)  Factors  to  be considered. In determining
 
HB3486 Enrolled            -18-      LRB093 06684 WGH 12062 b
 1             whether a reasonable accommodation would  impose  an
 2             undue  hardship  on  the operation of an employer or
 3             public agency, factors to be considered include:
 4                       (i)  the nature and cost of the reasonable
 5                  accommodation needed under this Section;
 6                       (ii)  the overall financial  resources  of
 7                  the  facility  involved in the provision of the
 8                  reasonable accommodation, the number of persons
 9                  employed  at  such  facility,  the  effect   on
10                  expenses and resources, or the impact otherwise
11                  of  such  accommodation on the operation of the
12                  facility;
13                       (iii)  the overall financial resources  of
14                  the employer or public agency, the overall size
15                  of the business of an employer or public agency
16                  with  respect to the number of employees of the
17                  employer or  public  agency,  and  the  number,
18                  type,  and  location  of  the  facilities of an
19                  employer or public agency; and
20                       (iv)  the  type  of   operation   of   the
21                  employer   or   public  agency,  including  the
22                  composition, structure, and  functions  of  the
23                  workforce of the employer or public agency, the
24                  geographic  separateness  of  the facility from
25                  the  employer  or  public   agency,   and   the
26                  administrative  or  fiscal  relationship of the
27                  facility to the employer or public agency.

28        Section 35. Enforcement.
29        (a)  Department of Labor.
30             (1)  The  Director  or   his   or   her   authorized
31        representative   shall   administer   and   enforce   the
32        provisions  of this Act. Any employee or a representative
33        of employees who believes his or her  rights  under  this
 
HB3486 Enrolled            -19-      LRB093 06684 WGH 12062 b
 1        Act  have  been  violated  may,  within 3 years after the
 2        alleged violation  occurs,  file  a  complaint  with  the
 3        Department  requesting a review of the alleged violation.
 4        A copy of the complaint shall be sent to the  person  who
 5        allegedly  committed  the  violation,  who  shall  be the
 6        respondent. Upon receipt of  a  complaint,  the  Director
 7        shall  cause  such  investigation to be made as he or she
 8        deems appropriate. The  investigation  shall  provide  an
 9        opportunity  for  a  public hearing at the request of any
10        party to the review to  enable  the  parties  to  present
11        information  relating  to  the  alleged  allegation.  The
12        parties  shall  be  given  written notice of the time and
13        place of the hearing at least 7 days before the  hearing.
14        Upon  receiving  the  report  of  the  investigation, the
15        Director shall make findings of  fact.  If  the  Director
16        finds that a violation did occur, he or she shall issue a
17        decision  incorporating his or her findings and requiring
18        the  party  committing  the  violation   to   take   such
19        affirmative action to abate the violation as the Director
20        deems appropriate, including:
21                  (A)  damages  equal  to  the  amount  of wages,
22             salary, employment benefits, public  assistance,  or
23             other compensation denied or lost to such individual
24             by reason of the violation, and the interest on that
25             amount calculated at the prevailing rate;
26                  (B)  such    equitable   relief   as   may   be
27             appropriate, including but not  limited  to  hiring,
28             reinstatement,     promotion,     and     reasonable
29             accommodations; and
30                  (C)  reasonable   attorney's  fees,  reasonable
31             expert witness fees, and other costs of  the  action
32             to  be  paid  by  the  respondent  to  a  prevailing
33             employee.
34             If  the  Director finds that there was no violation,
 
HB3486 Enrolled            -20-      LRB093 06684 WGH 12062 b
 1        he or she shall issue an order denying the complaint.  An
 2        order  issued by the Director under this Section shall be
 3        final  and  subject  to   judicial   review   under   the
 4        Administrative Review Law.
 5             (2)  The  Director  shall  adopt  rules necessary to
 6        administer and enforce this Act in  accordance  with  the
 7        Illinois Administrative Procedure Act. The Director shall
 8        have  the  powers  and  the parties shall have the rights
 9        provided in the Illinois Administrative Procedure Act for
10        contested  cases,  including,   but   not   limited   to,
11        provisions    for   depositions,   subpoena   power   and
12        procedures,   and   discovery   and   protective    order
13        procedures.
14             (3)  Intervention.  The Attorney General of Illinois
15        may  intervene  on  behalf  of  the  Department  if   the
16        Department  certifies  that the case is of general public
17        importance. Upon such intervention the  court  may  award
18        such relief as is authorized to be granted to an employee
19        who  has  filed  a  complaint or whose representative has
20        filed a complaint under this Section.
21        (b) Refusal to pay damages. Any  employer  who  has  been
22    ordered  by the Director of Labor or the court to pay damages
23    under this Section and who fails to  do  so  within  30  days
24    after  the  order is entered is liable to pay a penalty of 1%
25    per calendar day to the employee for each  day  of  delay  in
26    paying the damages to the employee.

27        Section 40.  Notification. Every employer covered by this
28    Act  shall post and keep posted, in conspicuous places on the
29    premises of the  employer  where  notices  to  employees  are
30    customarily  posted,  a notice, to be prepared or approved by
31    the Director of Labor, summarizing the requirements  of  this
32    Act and information pertaining to the filing of a charge. The
33    Director  shall  furnish  copies  of  summaries  and rules to
 
HB3486 Enrolled            -21-      LRB093 06684 WGH 12062 b
 1    employers upon request without charge.

 2        Section  45.  Effect  on  other   laws   and   employment
 3    benefits.
 4        (a)  More  protective  laws,  agreements,  programs,  and
 5    plans.  Nothing  in  this Act shall be construed to supersede
 6    any provision of any federal, State, or local law, collective
 7    bargaining agreement, or employment benefits program or  plan
 8    that provides:
 9             (1)  greater  leave benefits for victims of domestic
10        or sexual violence than the rights established under this
11        Act; or
12             (2)  leave  benefits  for  a  larger  population  of
13        victims of domestic or sexual  violence  (as  defined  in
14        such  law,  agreement, program, or plan) than the victims
15        of domestic or sexual violence covered under this Act.
16        (b)  Less  protective  laws,  agreements,  programs,  and
17    plans. The rights established for employees who  are  victims
18    of domestic or sexual violence and employees with a family or
19    household  member  who  is  a  victim  of  domestic or sexual
20    violence under this  Act  shall  not  be  diminished  by  any
21    federal, State or local law, collective bargaining agreement,
22    or employment benefits program or plan.

23        Section  905.  Severability. If any provision of this Act
24    or the  application  of  such  provision  to  any  person  or
25    circumstance  is held to be in violation of the Unites States
26    Constitution or Illinois Constitution, the remainder  of  the
27    provisions   of   this  Act  and  the  application  of  those
28    provisions  to  any  person  or  circumstance  shall  not  be
29    affected.

30        Section 999. Effective date. This Act takes  effect  upon
31    becoming law.