SB1877eng 101ST GENERAL ASSEMBLY

SB1877 Engrossed LRB101 09465 JLS 54563 b

AN ACT concerning employment.

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

Section 1. Short title. This Act may be cited as the Sexual Harassment Victim Representation Act.

Section 5. Definitions. In this Act:

"Perpetrator" means an individual who commits or is alleged to have committed an act or threat of sexual harassment.

"Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

"Union" means any organization defined as a "labor organization" under Section 2 of the National Labor Relations Act (29 U.S.C. 152).

"Union representative" means a person designated by a union to represent a member of the union in any disciplinary proceeding.

"Victim" means a victim of sexual harassment.

Section 10. Dual representation prohibited.

(a) In any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative.

(b) The union must designate separate union representatives to represent the parties to the proceeding.