093_HB3486sam002

 










                                     LRB093 06684 WGH 16013 a

 1                    AMENDMENT TO HOUSE BILL 3486

 2        AMENDMENT NO.     .  Amend House Bill 3486  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to employment."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1.  Short title. This Act may be  cited  as  the
 8    Victims' Economic Security and Safety Act.

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

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

28        Section 15. Purposes. The purposes of this Act are:
29             (1)  to promote the  State's  interest  in  reducing
30        domestic  violence,  dating violence, sexual assault, and
31        stalking  by  enabling  victims  of  domestic  or  sexual
32        violence to maintain the financial independence necessary
33        to leave abusive situations, achieve safety, and minimize
 
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 1        the physical and  emotional  injuries  from  domestic  or
 2        sexual  violence,  and to reduce the devastating economic
 3        consequences of domestic or sexual violence to  employers
 4        and employees;
 5             (2)  to  promote  the  State's  interest in ensuring
 6        that employees who are  victims  of  domestic  or  sexual
 7        violence  and employees with a family or household member
 8        who is a  victim  of  domestic  or  sexual  violence  can
 9        recover  from and cope with the effects of such violence,
10        and participate in criminal and civil justice  processes,
11        without  fear of adverse economic consequences from their
12        employers;
13             (3)  to ensure that  applicants  and  recipients  of
14        public  assistance  who are victims of domestic or sexual
15        violence  and  applicants  and   recipients   of   public
16        assistance  with  a  family  or household member who is a
17        victim of domestic or sexual violence  can  recover  from
18        and   cope   with  the  effects  of  such  violence,  and
19        participate in  criminal  and  civil  justice  processes,
20        without   fear  of  adverse  economic  consequences  with
21        respect to public assistance;
22             (4)  to address the  failure  of  existing  laws  to
23        protect  the  employment  rights  of  employees  who  are
24        victims of domestic or sexual violence and employees with
25        a  family or household member who is a victim of domestic
26        or sexual violence, by protecting the civil and  economic
27        rights  of  those  employees, and by furthering the equal
28        opportunity of women for  economic  self-sufficiency  and
29        employment free from discrimination;
30             (5)  to   accomplish   the   purposes  described  in
31        paragraphs (1) through (4) by:
32                  (A)  entitling employed victims of domestic  or
33             sexual  violence to take leave to seek medical help,
34             legal assistance, counseling, safety  planning,  and
 
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 1             other   assistance   without   penalty   from  their
 2             employers;
 3                  (B)  entitling  employees  with  a  family   or
 4             household  member  who  is  a  victim of domestic or
 5             sexual violence to take leave to seek medical  help,
 6             legal  assistance,  counseling, safety planning, and
 7             other assistance for the employee or the  family  or
 8             household  member  who  is  a victim without penalty
 9             from their employers; and
10                  (C)  prohibiting employers from  discriminating
11             against  actual  or perceived victims of domestic or
12             sexual violence, in a manner that  accommodates  the
13             legitimate  interests  of employers and protects the
14             safety of all persons in the workplace.

15        Section 20. Entitlement  to  leave  due  to  domestic  or
16    sexual violence.
17        (a)  Leave requirement.
18             (1)  Basis.  An employee who is a victim of domestic
19        or sexual violence or has a family  or  household  member
20        who  is  a  victim  of  domestic or sexual violence whose
21        interests are not adverse to the employee as  it  relates
22        to  the  domestic  or sexual violence may take leave from
23        work to address domestic or sexual violence by:
24                  (A)  seeking   medical   attention   for,    or
25             recovering  from, physical or psychological injuries
26             caused  by  domestic  or  sexual  violence  to   the
27             employee  or  the  employee's  family  or  household
28             member;
29                  (B)  obtaining  services from a victim services
30             organization for  the  employee  or  the  employee's
31             family or household member;
32                  (C)  obtaining     psychological    or    other
33             counseling for the employee or the employee's family
 
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 1             or household member;
 2                  (D)  participating    in    safety    planning,
 3             temporarily or  permanently  relocating,  or  taking
 4             other actions to increase the safety of the employee
 5             or  the  employee's  family or household member from
 6             future  domestic  or  sexual  violence   or   ensure
 7             economic security; or
 8                  (E)  seeking  legal  assistance  or remedies to
 9             ensure the health and safety of the employee or  the
10             employee's  family  or  household  member, including
11             preparing for  or  participating  in  any  civil  or
12             criminal legal proceeding related to or derived from
13             domestic or sexual violence.
14             (2)  Period.  Subject to subsection (c), an employee
15        shall be entitled to a total of  12  workweeks  of  leave
16        during  any  12-month  period. This Act does not create a
17        right for an employee to take unpaid leave  that  exceeds
18        the unpaid leave time allowed under, or is in addition to
19        the  unpaid  leave  time permitted by, the federal Family
20        and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
21             (3)  Schedule. Leave described in paragraph (1)  may
22        be taken intermittently or on a reduced work schedule.
23        (b)  Notice. The employee shall provide the employer with
24    at least 48 hours' advance notice of the employee's intention
25    to  take  the  leave,  unless  providing  such  notice is not
26    practicable. When an unscheduled absence occurs, the employer
27    may not take any action against the employee if the employee,
28    within  a  reasonable  period  after  the  absence,  provides
29    certification under subsection (c).
30        (c)  Certification.
31             (1)  In  general.  The  employer  may  require   the
32        employee to provide certification to the employer that:
33                  (A)  the  employee  or the employee's family or
34             household member is a victim of domestic  or  sexual
 
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 1             violence; and
 2                  (B)  the  leave  is  for  one  of  the purposes
 3             enumerated in paragraph (a)(1).
 4             The employee shall provide such certification to the
 5        employer within a reasonable period  after  the  employer
 6        requests certification.
 7             (2)  Contents.   An   employee   may   satisfy   the
 8        certification  requirement  of paragraph (1) by providing
 9        to the employer:
10                  (A)  a sworn statement of the employee;
11                  (B)  documentation from an employee, agent,  or
12             volunteer  of  a  victim  services  organization, an
13             attorney, a member of the clergy, or  a  medical  or
14             other  professional  from  whom  the employee or the
15             employee's family or  household  member  has  sought
16             assistance in addressing domestic or sexual violence
17             and the effects of the violence;
18                  (C)  a police or court record; or
19                  (D)  other corroborating evidence.
20        (d)  Confidentiality.  All  information  provided  to the
21    employer pursuant to  subsection  (b)  or  (c),  including  a
22    statement of the employee or any other documentation, record,
23    or corroborating evidence, and the fact that the employee has
24    requested  or  obtained leave pursuant to this Section, shall
25    be retained in the  strictest  confidence  by  the  employer,
26    except to the extent that disclosure is:
27             (1)  requested  or  consented  to  in writing by the
28        employee; or
29             (2)  otherwise required  by  applicable  federal  or
30        State law.
31        (e)  Employment and benefits.
32             (1)  Restoration to position.
33                  (A)  In  general.  Any employee who takes leave
34             under this Section for the intended purpose  of  the
 
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 1             leave shall be entitled, on return from such leave:
 2                       (i)  to be restored by the employer to the
 3                  position  of  employment  held  by the employee
 4                  when the leave commenced; or
 5                       (ii)  to  be  restored  to  an  equivalent
 6                  position with equivalent  employment  benefits,
 7                  pay,   and   other   terms  and  conditions  of
 8                  employment.
 9                  (B)  Loss of  benefits.  The  taking  of  leave
10             under  this  Section shall not result in the loss of
11             any employment benefit accrued prior to the date  on
12             which the leave commenced.
13                  (C)  Limitations.  Nothing  in  this subsection
14             shall be construed to entitle any restored  employee
15             to:
16                       (i)  the   accrual  of  any  seniority  or
17                  employment benefits during any period of leave;
18                  or
19                       (ii)  any right, benefit, or  position  of
20                  employment  other  than  any right, benefit, or
21                  position to which the employee would have  been
22                  entitled had the employee not taken the leave.
23                  (D)  Construction.  Nothing  in  this paragraph
24             shall be construed  to  prohibit  an  employer  from
25             requiring an employee on leave under this Section to
26             report  periodically  to  the employer on the status
27             and intention of the employee to return to work.
28             (2)  Maintenance of health benefits.
29                  (A)  Coverage.   Except    as    provided    in
30             subparagraph (B), during any period that an employee
31             takes  leave  under this Section, the employer shall
32             maintain coverage for the employee and any family or
33             household member under any group health plan for the
34             duration of such leave at the level  and  under  the
 
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 1             conditions  coverage would have been provided if the
 2             employee had continued  in  employment  continuously
 3             for the duration of such leave.
 4                  (B)  Failure to return from leave. The employer
 5             may  recover  the premium that the employer paid for
 6             maintaining  coverage  for  the  employee  and   the
 7             employee's  family  or  household  member under such
 8             group health plan during any period of  leave  under
 9             this Section if:
10                       (i)  the  employee  fails  to  return from
11                  leave under this Section after  the  period  of
12                  leave  to  which  the  employee is entitled has
13                  expired; and
14                       (ii)  the employee fails to return to work
15                  for a reason other than:
16                            (I)  the continuation, recurrence, or
17                       onset of domestic or sexual violence  that
18                       entitles the employee to leave pursuant to
19                       this Section; or
20                            (II)  other  circumstances beyond the
21                       control of the employee.
22                  (C)  Certification.
23                       (i)  Issuance. An employer may require  an
24                  employee who claims that the employee is unable
25                  to return to work because of a reason described
26                  in   subclause  (I)  or  (II)  of  subparagraph
27                  (B)(ii) to provide, within a reasonable  period
28                  after  making  the  claim, certification to the
29                  employer that the employee is unable to  return
30                  to work because of that reason.
31                       (ii)  Contents.  An  employee  may satisfy
32                  the certification requirement of clause (i)  by
33                  providing to the employer:
34                            (I)  a   sworn   statement   of   the
 
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 1                       employee;
 2                            (II)  documentation from an employee,
 3                       agent,  or  volunteer of a victim services
 4                       organization, an attorney, a member of the
 5                       clergy, or a medical or other professional
 6                       from  whom   the   employee   has   sought
 7                       assistance   in   addressing  domestic  or
 8                       sexual violence and the  effects  of  that
 9                       violence;
10                            (III)  a police or court record; or
11                            (IV)  other corroborating evidence.
12                  (D)  Confidentiality.  All information provided
13             to  the  employer  pursuant  to  subparagraph   (C),
14             including  a  statement of the employee or any other
15             documentation, record,  or  corroborating  evidence,
16             and  the  fact that the employee is not returning to
17             work because of a reason described in subclause  (I)
18             or (II) of subparagraph (B)(ii) shall be retained in
19             the  strictest confidence by the employer, except to
20             the extent that disclosure is:
21                       (i)  requested or consented to in  writing
22                  by the employee; or
23                       (ii)  otherwise   required  by  applicable
24                  federal or State law.
25        (f)  Prohibited acts.
26             (1)  Interference with rights.
27                  (A)  Exercise of rights. It shall  be  unlawful
28             for  any  employer  to  interfere with, restrain, or
29             deny the exercise of or the attempt to exercise  any
30             right provided under this Section.
31                  (B)  Employer   discrimination.   It  shall  be
32             unlawful for any employer to discharge or harass any
33             individual, or otherwise  discriminate  against  any
34             individual  with  respect  to  compensation,  terms,
 
                            -16-     LRB093 06684 WGH 16013 a
 1             conditions,  or  privileges  of  employment  of  the
 2             individual  (including  retaliation  in  any form or
 3             manner) because the individual:
 4                       (i)  exercised any  right  provided  under
 5                  this Section; or
 6                       (ii)  opposed  any  practice made unlawful
 7                  by this Section.
 8                  (C)  Public  agency  sanctions.  It  shall   be
 9             unlawful  for  any public agency to deny, reduce, or
10             terminate the benefits of,  otherwise  sanction,  or
11             harass  any  individual,  or  otherwise discriminate
12             against any individual with respect to  the  amount,
13             terms,  or  conditions  of  public assistance of the
14             individual (including retaliation  in  any  form  or
15             manner) because the individual:
16                       (i)  exercised  any  right  provided under
17                  this Section; or
18                       (ii)  opposed any practice  made  unlawful
19                  by this Section.
20             (2)  Interference  with proceedings or inquiries. It
21        shall be unlawful for any person to discharge or  in  any
22        other  manner  discriminate (as described in subparagraph
23        (B) or (C)  of  paragraph  (1))  against  any  individual
24        because such individual:
25                  (A)  has filed any charge, or has instituted or
26             caused  to  be  instituted  any proceeding, under or
27             related to this Section;
28                  (B)  has  given,  or  is  about  to  give,  any
29             information  in  connection  with  any  inquiry   or
30             proceeding relating to any right provided under this
31             Section; or
32                  (C)  has  testified, or is about to testify, in
33             any inquiry or  proceeding  relating  to  any  right
34             provided under this Section.
 
                            -17-     LRB093 06684 WGH 16013 a
 1        Section 25. Existing leave usable for addressing domestic
 2    or  sexual violence. An employee who is entitled to take paid
 3    or unpaid leave (including  family,  medical,  sick,  annual,
 4    personal,  or  similar  leave)  from  employment, pursuant to
 5    federal,  State,  or  local  law,  a  collective   bargaining
 6    agreement,  or  an  employment  benefits program or plan, may
 7    elect  to  substitute  any  period  of  such  leave  for   an
 8    equivalent period of leave provided under Section 20.

 9        Section    30.    Victims'   employment   sustainability;
10    prohibited discriminatory acts.
11        (a)  An employer shall not fail to hire, refuse to  hire,
12    discharge,  or  harass any individual, otherwise discriminate
13    against any individual  with  respect  to  the  compensation,
14    terms,   conditions,  or  privileges  of  employment  of  the
15    individual, or retaliate against an individual in any form or
16    manner, and a  public  agency  shall  not  deny,  reduce,  or
17    terminate  the benefits of, otherwise sanction, or harass any
18    individual, otherwise  discriminate  against  any  individual
19    with  respect  to  the amount, terms, or conditions of public
20    assistance  of  the  individual,  or  retaliate  against   an
21    individual in any form or manner, because:
22             (1)  the individual involved:
23                  (A)  is  or  is  perceived  to  be  a victim of
24             domestic or sexual  violence  or  has  a  family  or
25             household  member  who  is  or  is perceived to be a
26             victim of domestic or sexual violence;
27                  (B)  attended, participated in,  prepared  for,
28             or  requested  leave  to  attend, participate in, or
29             prepare for a criminal  or  civil  court  proceeding
30             relating  to  an  incident  of  domestic  or  sexual
31             violence  of  which  the  individual  or a family or
32             household member of the individual was a victim; or
33                  (C)  requested   an   adjustment   to   a   job
 
                            -18-     LRB093 06684 WGH 16013 a
 1             structure, workplace facility, or work  requirement,
 2             including  a  transfer,  reassignment,  or  modified
 3             schedule,  leave,  a  changed  telephone  number  or
 4             seating  assignment,  installation  of  a  lock,  or
 5             implementation  of a safety procedure in response to
 6             actual or threatened domestic  or  sexual  violence,
 7             regardless of whether the request was granted; or
 8             (2)  the workplace is disrupted or threatened by the
 9        action  of  a  person  whom  the  individual  states  has
10        committed  or  threatened  to  commit  domestic or sexual
11        violence  against  the  individual  or  the  individual's
12        family or household member.
13        (b)  In this Section:
14             (1)  "Discriminate", used with respect to the terms,
15        conditions, or privileges of employment or  with  respect
16        to the terms or conditions of public assistance, includes
17        not  making  a  reasonable  accommodation  to  the  known
18        limitations  resulting  from  circumstances  relating  to
19        being a victim of domestic or sexual violence or a family
20        or  household member being a victim of domestic or sexual
21        violence of an otherwise qualified individual:
22                  (A)  who is:
23                       (i)  an  applicant  or  employee  of   the
24                  employer (including a public agency); or
25                       (ii)  an  applicant  for  or  recipient of
26                  public assistance from a public agency; and
27                  (B)  who is:
28                       (i)  a  victim  of  domestic   or   sexual
29                  violence; or
30                       (ii)  with  a  family  or household member
31                  who is a victim of domestic or sexual  violence
32                  whose   interests   are   not  adverse  to  the
33                  individual in subparagraph (A) as it relates to
34                  the domestic or sexual violence;
 
                            -19-     LRB093 06684 WGH 16013 a
 1        unless the employer or public agency can demonstrate that
 2        the accommodation would impose an undue hardship  on  the
 3        operation of the employer or public agency.
 4             (2)  "Qualified individual" means:
 5                  (A)  in  the  case  of an applicant or employee
 6             described in paragraph (1)(A)(i), an individual who,
 7             but  for  being  a  victim  of  domestic  or  sexual
 8             violence or with a family or household member who is
 9             a victim of domestic or sexual violence, can perform
10             the essential functions of the  employment  position
11             that such individual holds or desires; or
12                  (B)  in  the  case of an applicant or recipient
13             described in  paragraph  (1)(A)(ii),  an  individual
14             who,  but  for  being a victim of domestic or sexual
15             violence or with a family or household member who is
16             a victim of domestic or sexual violence, can satisfy
17             the essential requirements of the program  providing
18             the  public  assistance that the individual receives
19             or desires.
20             (3)  "Reasonable  accommodation"  may   include   an
21        adjustment  to  a  job  structure, workplace facility, or
22        work requirement, including a transfer, reassignment,  or
23        modified  schedule,  leave, a changed telephone number or
24        seating  assignment,   installation   of   a   lock,   or
25        implementation  of  a  safety  procedure,  in response to
26        actual or threatened domestic or sexual violence.
27             (4)  Undue hardship.
28                  (A)  In  general.  "Undue  hardship"  means  an
29             action requiring significant difficulty or  expense,
30             when considered in light of the factors set forth in
31             subparagraph (B).
32                  (B)  Factors  to  be considered. In determining
33             whether a reasonable accommodation would  impose  an
34             undue  hardship  on  the operation of an employer or
 
                            -20-     LRB093 06684 WGH 16013 a
 1             public agency, factors to be considered include:
 2                       (i)  the nature and cost of the reasonable
 3                  accommodation needed under this Section;
 4                       (ii)  the overall financial  resources  of
 5                  the  facility  involved in the provision of the
 6                  reasonable accommodation, the number of persons
 7                  employed  at  such  facility,  the  effect   on
 8                  expenses and resources, or the impact otherwise
 9                  of  such  accommodation on the operation of the
10                  facility;
11                       (iii)  the overall financial resources  of
12                  the employer or public agency, the overall size
13                  of the business of an employer or public agency
14                  with  respect to the number of employees of the
15                  employer or  public  agency,  and  the  number,
16                  type,  and  location  of  the  facilities of an
17                  employer or public agency; and
18                       (iv)  the  type  of   operation   of   the
19                  employer   or   public  agency,  including  the
20                  composition, structure, and  functions  of  the
21                  workforce of the employer or public agency, the
22                  geographic  separateness  of  the facility from
23                  the  employer  or  public   agency,   and   the
24                  administrative  or  fiscal  relationship of the
25                  facility to the employer or public agency.

26        Section 35. Enforcement.
27        (a)  Department of Labor.
28             (1)  The  Director  or   his   or   her   authorized
29        representative   shall   administer   and   enforce   the
30        provisions  of this Act. Any employee or a representative
31        of employees who believes his or her  rights  under  this
32        Act  have  been  violated  may,  within 3 years after the
33        alleged violation  occurs,  file  a  complaint  with  the
 
                            -21-     LRB093 06684 WGH 16013 a
 1        Department  requesting a review of the alleged violation.
 2        A copy of the complaint shall be sent to the  person  who
 3        allegedly  committed  the  violation,  who  shall  be the
 4        respondent. Upon receipt of  a  complaint,  the  Director
 5        shall  cause  such  investigation to be made as he or she
 6        deems appropriate. The  investigation  shall  provide  an
 7        opportunity  for  a  public hearing at the request of any
 8        party to the review to  enable  the  parties  to  present
 9        information  relating  to  the  alleged  allegation.  The
10        parties  shall  be  given  written notice of the time and
11        place of the hearing at least 7 days before the  hearing.
12        Upon  receiving  the  report  of  the  investigation, the
13        Director shall make findings of  fact.  If  the  Director
14        finds that a violation did occur, he or she shall issue a
15        decision  incorporating his or her findings and requiring
16        the  party  committing  the  violation   to   take   such
17        affirmative action to abate the violation as the Director
18        deems appropriate, including:
19                  (A)  damages  equal  to  the  amount  of wages,
20             salary, employment benefits, public  assistance,  or
21             other compensation denied or lost to such individual
22             by reason of the violation, and the interest on that
23             amount calculated at the prevailing rate;
24                  (B)  compensatory  damages,  including  damages
25             for   future   pecuniary   losses,  emotional  pain,
26             suffering, inconvenience, mental  anguish,  loss  of
27             enjoyment or life, and other nonpecuniary losses;
28                  (C)  such    equitable   relief   as   may   be
29             appropriate, including but not  limited  to  hiring,
30             reinstatement,     promotion,     and     reasonable
31             accommodations; and
32                  (D)  reasonable   attorney's  fees,  reasonable
33             expert witness fees, and other costs of  the  action
34             to  be  paid  by  the  respondent  to  a  prevailing
 
                            -22-     LRB093 06684 WGH 16013 a
 1             employee.
 2             If  the  Director finds that there was no violation,
 3        he or she shall issue an order denying the complaint.  An
 4        order  issued by the Director under this Section shall be
 5        final  and  subject  to   judicial   review   under   the
 6        Administrative Review Law.
 7             (2)  The  Director  shall  adopt  rules necessary to
 8        administer and enforce this Act in  accordance  with  the
 9        Illinois Administrative Procedure Act. The Director shall
10        have  the  powers  and  the parties shall have the rights
11        provided in the Illinois Administrative Procedure Act for
12        contested  cases,  including,   but   not   limited   to,
13        provisions    for   depositions,   subpoena   power   and
14        procedures,   and   discovery   and   protective    order
15        procedures.
16             (3)  Intervention.  The Attorney General of Illinois
17        may  intervene  on  behalf  of  the  Department  if   the
18        Department  certifies  that the case is of general public
19        importance. Upon such intervention the  court  may  award
20        such relief as is authorized to be granted to an employee
21        who  has  filed  a  complaint or whose representative has
22        filed a complaint under this Section.
23        (b)  Employer liability under other laws. Nothing in this
24    Section shall be construed  to  limit  the  liability  of  an
25    employer or public agency to an individual, for harm suffered
26    relating to the individual's experience of domestic or sexual
27    violence,  pursuant  to  any  other  federal  or  State  law,
28    including a law providing for a legal remedy.
29        (c)  Refusal  to  pay  damages. Any employer who has been
30    ordered by the Director of Labor or the court to pay  damages
31    under  this  Section  and  who  fails to do so within 15 days
32    after the order is entered is liable to pay a penalty  of  1%
33    per  calendar  day  to  the employee for each day of delay in
34    paying the damages to the employee.
 
                            -23-     LRB093 06684 WGH 16013 a
 1        Section 40.  Notification. Every employer covered by this
 2    Act shall post and keep posted, in conspicuous places on  the
 3    premises  of  the  employer  where  notices  to employees are
 4    customarily posted, a notice, to be prepared or  approved  by
 5    the  Director  of Labor, summarizing the requirements of this
 6    Act and information pertaining to the filing of a charge. The
 7    Director shall furnish  copies  of  summaries  and  rules  to
 8    employers upon request without charge.

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

30        Section 905.  Severability. If any provision of this  Act
31    or  the  application  of  such  provision  to  any  person or
32    circumstance is held to be in violation of the Unites  States
 
                            -24-     LRB093 06684 WGH 16013 a
 1    Constitution  or  Illinois Constitution, the remainder of the
 2    provisions  of  this  Act  and  the  application   of   those
 3    provisions  to  any  person  or  circumstance  shall  not  be
 4    affected.

 5        Section  999.  Effective date. This Act takes effect upon
 6    becoming law.".