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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2424 Introduced 2/17/2015, by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/2-102 | from Ch. 68, par. 2-102 | 820 ILCS 175/12 | |
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Amends the Illinois Human Rights Act. Provides that it is a human rights violation for a third party client, as that term is defined by the Day and Temporary Labor Services Act, to fail to investigate a staffing agency's hiring practices if the third party client has reason to believe that the staffing agency is engaging in any discrimination in the hiring and assigning of day laborers. Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency shall collect, from each person seeking work as a day or temporary laborer, demographic information on a contact form which allows the person to self-identify his or her race and gender. Provides that the collected information shall be maintained separately from any personnel files used to make job assignments. Provides that the day and temporary labor service agency shall submit the information to the Department of Labor on an annual basis. Provides that the Department shall use the data to submit a yearly report to the General Assembly. Provides that the report shall detail the hiring practices of each branch office of the day and temporary labor service agency. Provides that an agent of a day and temporary labor service agency who submits to the Department false or altered data is guilty of a Class A misdemeanor.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Human Rights Act is amended by |
5 | | changing Section 2-102 as follows:
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6 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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7 | | Sec. 2-102. Civil Rights Violations - Employment. It is a |
8 | | civil
rights violation:
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9 | | (A) Employers. For any employer to refuse to hire, to |
10 | | segregate, or
to act with respect to recruitment, hiring, |
11 | | promotion, renewal of employment,
selection for training or |
12 | | apprenticeship, discharge, discipline, tenure or
terms, |
13 | | privileges or conditions of employment on the basis of unlawful
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14 | | discrimination or citizenship status.
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15 | | (A-5) Language. For an employer to impose a restriction |
16 | | that has the
effect of prohibiting a language from being spoken |
17 | | by an employee in
communications that are unrelated to the |
18 | | employee's duties.
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19 | | For the purposes of this subdivision (A-5), "language" |
20 | | means a person's
native tongue, such as Polish, Spanish, or
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21 | | Chinese.
"Language" does not include such things as slang, |
22 | | jargon, profanity, or
vulgarity.
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23 | | (B) Employment Agency. For any employment agency to fail or |
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1 | | refuse
to classify properly, accept applications and register |
2 | | for employment
referral or apprenticeship referral, refer for |
3 | | employment, or refer for
apprenticeship on the basis of |
4 | | unlawful discrimination or citizenship
status or to accept from |
5 | | any person any job order, requisition or request
for referral |
6 | | of applicants for employment or apprenticeship which makes or
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7 | | has the effect of making unlawful discrimination or |
8 | | discrimination on the
basis of citizenship status a condition |
9 | | of referral.
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10 | | (C) Labor Organization. For any labor organization to |
11 | | limit,
segregate or classify its membership, or to limit |
12 | | employment
opportunities, selection and training for |
13 | | apprenticeship in any trade or
craft, or otherwise to take, or |
14 | | fail to take, any action which affects
adversely any person's |
15 | | status as an employee or as an applicant for
employment or as |
16 | | an apprentice, or as an applicant for apprenticeships,
or |
17 | | wages, tenure, hours of employment or apprenticeship |
18 | | conditions on the
basis of unlawful discrimination or |
19 | | citizenship status.
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20 | | (D) Sexual Harassment. For any employer, employee, agent of |
21 | | any employer,
employment agency or labor organization to engage |
22 | | in sexual harassment;
provided, that an employer shall be |
23 | | responsible for sexual harassment
of the employer's employees |
24 | | by nonemployees or nonmanagerial and nonsupervisory
employees |
25 | | only if the employer becomes aware of the conduct and fails to
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26 | | take reasonable corrective measures.
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1 | | (E) Public Employers. For any public employer to refuse to |
2 | | permit a
public employee under its jurisdiction who takes time |
3 | | off from work in
order to practice his or her religious beliefs |
4 | | to engage in work, during hours
other than such employee's |
5 | | regular working hours, consistent with the
operational needs of |
6 | | the employer and in order to compensate for work time
lost for |
7 | | such religious reasons. Any employee who elects such deferred
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8 | | work shall be compensated at the wage rate which he or she |
9 | | would have
earned during the originally scheduled work period. |
10 | | The employer may
require that an employee who plans to take |
11 | | time off from work in order to
practice his or her religious |
12 | | beliefs provide the employer with a notice of
his or her |
13 | | intention to be absent from work not exceeding 5 days prior to
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14 | | the date of absence.
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15 | | (F) Training and Apprenticeship Programs. For any |
16 | | employer,
employment agency or labor organization to |
17 | | discriminate against a person on
the basis of age in the |
18 | | selection, referral for or conduct of apprenticeship
or |
19 | | training programs.
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20 | | (G) Immigration-Related Practices. |
21 | | (1) for an employer to request for
purposes of |
22 | | satisfying the requirements of Section 1324a(b) of Title 8 |
23 | | of
the United States Code, as now or hereafter amended, |
24 | | more or different
documents than are required under such |
25 | | Section or to refuse to honor
documents tendered that on |
26 | | their face reasonably appear to be genuine; or
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1 | | (2) for an employer participating in the E-Verify |
2 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot |
3 | | Programs for Employment Eligibility Confirmation (enacted |
4 | | by PL 104-208, div. C title IV, subtitle A) to refuse to |
5 | | hire, to segregate, or to act with respect to recruitment, |
6 | | hiring, promotion, renewal of employment, selection for |
7 | | training or apprenticeship, discharge, discipline, tenure |
8 | | or terms, privileges or conditions of employment without |
9 | | following the procedures under the E-Verify Program. |
10 | | (H) (Blank).
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11 | | (I) Pregnancy. For an employer to refuse to hire, to |
12 | | segregate, or to act with respect to recruitment, hiring, |
13 | | promotion, renewal of employment, selection for training or |
14 | | apprenticeship, discharge, discipline, tenure or terms, |
15 | | privileges or conditions of employment on the basis of |
16 | | pregnancy, childbirth, or medical or common conditions related |
17 | | to pregnancy or childbirth. Women affected by pregnancy, |
18 | | childbirth, or medical or common conditions related to |
19 | | pregnancy or childbirth shall be treated the same for all |
20 | | employment-related purposes, including receipt of benefits |
21 | | under fringe benefit programs, as other persons not so affected |
22 | | but similar in their ability or inability to work, regardless |
23 | | of the source of the inability to work or employment |
24 | | classification or status. |
25 | | (J) Pregnancy; reasonable accommodations. |
26 | | (1) If after a job applicant or employee, including a |
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1 | | part-time, full-time, or probationary employee, requests a |
2 | | reasonable accommodation, for an employer to not make |
3 | | reasonable accommodations for any medical or common |
4 | | condition of a job applicant or employee related to |
5 | | pregnancy or childbirth, unless the employer can |
6 | | demonstrate that the accommodation would impose an undue |
7 | | hardship on the ordinary operation of the business of the |
8 | | employer. The employer may request documentation from the |
9 | | employee's health care provider concerning the need for the |
10 | | requested reasonable accommodation or accommodations to |
11 | | the same extent documentation is requested for conditions |
12 | | related to disability if the employer's request for |
13 | | documentation is job-related and consistent with business |
14 | | necessity. The employer may require only the medical |
15 | | justification for the requested accommodation or |
16 | | accommodations, a description of the reasonable |
17 | | accommodation or accommodations medically advisable, the |
18 | | date the reasonable accommodation or accommodations became |
19 | | medically advisable, and the probable duration of the |
20 | | reasonable accommodation or accommodations. It is the duty |
21 | | of the individual seeking a reasonable accommodation or |
22 | | accommodations to submit to the employer any documentation |
23 | | that is requested in accordance with this paragraph. |
24 | | Notwithstanding the provisions of this paragraph, the |
25 | | employer may require documentation by the employee's |
26 | | health care provider to determine compliance with other |
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1 | | laws. The employee and employer shall engage in a timely, |
2 | | good faith, and meaningful exchange to determine effective |
3 | | reasonable accommodations. |
4 | | (2) For an employer to deny employment opportunities or |
5 | | benefits to or take adverse action against an otherwise |
6 | | qualified job applicant or employee, including a |
7 | | part-time, full-time, or probationary employee, if the |
8 | | denial or adverse action is based on the need of the |
9 | | employer to make reasonable accommodations to the known |
10 | | medical or common conditions related to the pregnancy or |
11 | | childbirth of the applicant or employee. |
12 | | (3) For an employer to require a job applicant or |
13 | | employee, including a part-time, full-time, or |
14 | | probationary employee, affected by pregnancy, childbirth, |
15 | | or medical or common conditions related to pregnancy or |
16 | | childbirth to accept an accommodation when the applicant or |
17 | | employee did not request an accommodation and the applicant |
18 | | or employee chooses not to accept the employer's |
19 | | accommodation. |
20 | | (4) For an employer to require an employee, including a |
21 | | part-time, full-time, or probationary employee, to take |
22 | | leave under any leave law or policy of the employer if |
23 | | another reasonable accommodation can be provided to the |
24 | | known medical or common conditions related to the pregnancy |
25 | | or childbirth of an employee. No employer shall fail or |
26 | | refuse to reinstate the employee affected by pregnancy, |
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1 | | childbirth, or medical or common conditions related to |
2 | | pregnancy or childbirth to her original job or to an |
3 | | equivalent position with equivalent pay and accumulated |
4 | | seniority, retirement, fringe benefits, and other |
5 | | applicable service credits upon her signifying her intent |
6 | | to return or when her need for reasonable accommodation |
7 | | ceases, unless the employer can demonstrate that the |
8 | | accommodation would impose an undue hardship on the |
9 | | ordinary operation of the business of the employer. |
10 | | For the purposes of this subdivision (J), "reasonable |
11 | | accommodations" means reasonable modifications or adjustments |
12 | | to the job application process or work environment, or to the |
13 | | manner or circumstances under which the position desired or |
14 | | held is customarily performed, that enable an applicant or |
15 | | employee affected by pregnancy, childbirth, or medical or |
16 | | common conditions related to pregnancy or childbirth to be |
17 | | considered for the position the applicant desires or to perform |
18 | | the essential functions of that position, and may include, but |
19 | | is not limited to: more frequent or longer bathroom breaks, |
20 | | breaks for increased water intake, and breaks for periodic |
21 | | rest; private non-bathroom space for expressing breast milk and |
22 | | breastfeeding; seating; assistance with manual labor; light |
23 | | duty; temporary transfer to a less strenuous or hazardous |
24 | | position; the provision of an accessible worksite; acquisition |
25 | | or modification of equipment; job restructuring; a part-time or |
26 | | modified work schedule; appropriate adjustment or |
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1 | | modifications of examinations, training materials, or |
2 | | policies; reassignment to a vacant position; time off to |
3 | | recover from conditions related to childbirth; and leave |
4 | | necessitated by pregnancy, childbirth, or medical or common |
5 | | conditions resulting from pregnancy or childbirth. |
6 | | For the purposes of this subdivision (J), "undue hardship" |
7 | | means an action that is prohibitively expensive or disruptive |
8 | | when considered in light of the following factors: (i) the |
9 | | nature and cost of the accommodation needed; (ii) the overall |
10 | | financial resources of the facility or facilities involved in |
11 | | the provision of the reasonable accommodation, the number of |
12 | | persons employed at the facility, the effect on expenses and |
13 | | resources, or the impact otherwise of the accommodation upon |
14 | | the operation of the facility; (iii) the overall financial |
15 | | resources of the employer, the overall size of the business of |
16 | | the employer with respect to the number of its employees, and |
17 | | the number, type, and location of its facilities; and (iv) the |
18 | | type of operation or operations of the employer, including the |
19 | | composition, structure, and functions of the workforce of the |
20 | | employer, the geographic separateness, administrative, or |
21 | | fiscal relationship of the facility or facilities in question |
22 | | to the employer. The employer has the burden of proving undue |
23 | | hardship. The fact that the employer provides or would be |
24 | | required to provide a similar accommodation to similarly |
25 | | situated employees creates a rebuttable presumption that the |
26 | | accommodation does not impose an undue hardship on the |
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1 | | employer. |
2 | | No employer is required by this subdivision (J) to create |
3 | | additional employment that the employer would not otherwise |
4 | | have created, unless the employer does so or would do so for |
5 | | other classes of employees who need accommodation. The employer |
6 | | is not required to discharge any employee, transfer any |
7 | | employee with more seniority, or promote any employee who is |
8 | | not qualified to perform the job, unless the employer does so |
9 | | or would do so to accommodate other classes of employees who |
10 | | need it. |
11 | | (K) Notice. |
12 | | (1) For an employer to fail to post or keep posted in a |
13 | | conspicuous location on the premises of the employer where |
14 | | notices to employees are customarily posted, or fail to |
15 | | include in any employee handbook information concerning an |
16 | | employee's rights under this Article, a notice, to be |
17 | | prepared or approved by the Department, summarizing the |
18 | | requirements of this Article and information pertaining to |
19 | | the filing of a charge, including the right to be free from |
20 | | unlawful discrimination and the right to certain |
21 | | reasonable accommodations. The Department shall make the |
22 | | documents required under this paragraph available for |
23 | | retrieval from the Department's website. |
24 | | (2) Upon notification of a violation of paragraph (1) |
25 | | of this subdivision (K), the Department may launch a |
26 | | preliminary investigation. If the Department finds a |
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1 | | violation, the Department may issue a notice to show cause |
2 | | giving the employer 30 days to correct the violation. If |
3 | | the violation is not corrected, the Department may initiate |
4 | | a charge of a civil rights violation. |
5 | | (L) Day Laborers. For a third party client to fail to |
6 | | investigate a day and temporary labor service agency's hiring |
7 | | practices if the third party client has reason to believe that |
8 | | the day and temporary labor service agency is engaging in any |
9 | | discrimination in the hiring and assigning of day laborers. As |
10 | | used in this subdivision (J), the terms "third party client" |
11 | | and "day and temporary labor service agency" have the meanings |
12 | | ascribed to them in Section 5 of the Day and Temporary Labor |
13 | | Services Act. |
14 | | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13; |
15 | | 98-1050, eff. 1-1-15 .)
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16 | | Section 10. The Day and Temporary Labor Services Act is |
17 | | amended by changing Section 12 as follows: |
18 | | (820 ILCS 175/12)
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19 | | Sec. 12. Recordkeeping. |
20 | | (a) Whenever a day and temporary labor service agency sends |
21 | | one or more persons to work as day or temporary laborers, the |
22 | | day and temporary labor service agency shall keep the following |
23 | | records relating to that transaction: |
24 | | (1) the name, address and telephone number of each |
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1 | | third party client, including each worksite, to which day |
2 | | or temporary laborers were sent by the agency and the date |
3 | | of the transaction; |
4 | | (2) for each day or temporary laborer: the name and |
5 | | address, the specific location sent to work, the type of |
6 | | work performed, the number of hours worked, the hourly rate |
7 | | of pay and the date sent. The term "hours worked" has the |
8 | | meaning ascribed to that term in 56 Ill. Adm. Code 210.110 |
9 | | and in accordance with all applicable rules or court |
10 | | interpretations under 56 Ill. Adm. Code 210.110. The third |
11 | | party client shall be required to remit all information |
12 | | required under this subsection to the day and temporary |
13 | | labor service agency no later than 7 days following the |
14 | | last day of the work week worked by the day or temporary |
15 | | laborer. Failure of a third party client to remit such |
16 | | information to a day and temporary labor service agency |
17 | | shall not be a defense to the recordkeeping requirement of |
18 | | this Section; |
19 | | (3) the name and title of the individual or individuals |
20 | | at each third party client's place of business responsible |
21 | | for the transaction; |
22 | | (4) any specific qualifications or attributes of a day |
23 | | or temporary laborer, requested by each third party client; |
24 | | (5) copies of all contracts, if any, with the third |
25 | | party client and copies of all invoices for the third party |
26 | | client; |
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1 | | (6) copies of all employment notices provided in |
2 | | accordance with subsection (a) of Section 10; |
3 | | (7) deductions to be made from each day or temporary |
4 | | laborer's compensation made by either the third party |
5 | | client or by the day and temporary labor service agency for |
6 | | the day or temporary laborer's transportation, food, |
7 | | equipment, withheld income tax, withheld social security |
8 | | payments and every other deduction; |
9 | | (8) verification of the actual cost of any equipment or |
10 | | meal charged to a day or temporary laborer; |
11 | | (9) the race and gender of each day or temporary |
12 | | laborer sent by the day and temporary labor service agency, |
13 | | as provided by the day or temporary laborer;
and |
14 | | (10) any additional information required by rules |
15 | | issued by the Department. |
16 | | (b) The day and temporary labor service agency shall |
17 | | maintain all records under this Section for a period of 3 years |
18 | | from their creation. The records shall be open to inspection by |
19 | | the Department during normal business hours. Records described |
20 | | in paragraphs (1), (2), (3), (6), (7), and (8) of subsection |
21 | | (a) shall be available for review or copying by that day or |
22 | | temporary laborer during normal business hours within 5 days |
23 | | following a written request. In addition, a day and temporary |
24 | | labor service agency shall make records related to the number |
25 | | of hours billed to a third party client for that individual day |
26 | | or temporary laborer's hours of work available for review or |
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1 | | copying during normal business hours within 5 days following a |
2 | | written request. The day and temporary labor service agency |
3 | | shall make forms, in duplicate, for such requests available to |
4 | | day or temporary laborers at the dispatch office. The day or |
5 | | temporary laborer shall be given a copy of the request form. It |
6 | | is a violation of this Section to make any false, inaccurate or |
7 | | incomplete entry into any record required by this Section, or |
8 | | to delete required information from any such record. Failure by |
9 | | the third party client to remit time records to the day and |
10 | | temporary labor service agency as provided in paragraph (a)(2) |
11 | | shall constitute a notice violation by a third party client |
12 | | under Section 95 of this Act unless the third party client has |
13 | | been precluded from submitting such time records for reasons |
14 | | beyond its control. A failure by the third party client to |
15 | | provide time records in accordance with this subsection (b) |
16 | | shall not be a notice violation and shall not be the basis for |
17 | | a suit or other action under Section 95 of this Act against the |
18 | | day and temporary labor service agency.
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19 | | (c) The day and temporary labor service agency shall |
20 | | collect, from each person seeking work as a day or temporary |
21 | | laborer, demographic information on a contact form which allows |
22 | | the person to self-identify his or her race and gender. This |
23 | | information shall be maintained separately from any personnel |
24 | | files used to make job assignments. The day and temporary labor |
25 | | service agency shall submit the information gathered under this |
26 | | subsection (c) to the Department on an annual basis. The |
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1 | | Department shall use the data submitted to it under this |
2 | | Section to submit a yearly report to the General Assembly. The |
3 | | report submitted by the Department shall detail the hiring |
4 | | practices of each branch office of the day and temporary labor |
5 | | service agency. An agent of a day and temporary labor service |
6 | | agency who submits to the Department false or altered data |
7 | | under this subsection (c) is guilty of a Class A misdemeanor. |
8 | | (Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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