Illinois General Assembly - Full Text of SB1622
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Full Text of SB1622  102nd General Assembly




SB1622 EngrossedLRB102 16118 LNS 21493 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-101 as follows:
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of
16    this Act, "employee" also includes an unpaid intern. An
17    unpaid intern is a person who performs work for an
18    employer under the following circumstances:
19            (i) the employer is not committed to hiring the
20        person performing the work at the conclusion of the
21        intern's tenure;
22            (ii) the employer and the person performing the
23        work agree that the person is not entitled to wages for



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1        the work performed; and
2            (iii) the work performed:
3                (I) supplements training given in an
4            educational environment that may enhance the
5            employability of the intern;
6                (II) provides experience for the benefit of
7            the person performing the work;
8                (III) does not displace regular employees;
9                (IV) is performed under the close supervision
10            of existing staff; and
11                (V) provides no immediate advantage to the
12            employer providing the training and may
13            occasionally impede the operations of the
14            employer.
15        (2) "Employee" does not include:
16            (a) (Blank);
17            (b) Individuals employed by persons who are not
18        "employers" as defined by this Act;
19            (c) Elected public officials or the members of
20        their immediate personal staffs;
21            (d) Principal administrative officers of the State
22        or of any political subdivision, municipal corporation
23        or other governmental unit or agency;
24            (e) A person in a vocational rehabilitation
25        facility certified under federal law who has been
26        designated an evaluee, trainee, or work activity



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1        client.
2    (B) Employer.
3        (1) "Employer" includes:
4            (a) Any person employing one or more employees
5        within Illinois during 20 or more calendar weeks
6        within the calendar year of or preceding the alleged
7        violation;
8            (b) Any person employing one or more employees
9        when a complainant alleges civil rights violation due
10        to unlawful discrimination based upon his or her
11        physical or mental disability unrelated to ability,
12        pregnancy, or sexual harassment;
13            (c) The State and any political subdivision,
14        municipal corporation or other governmental unit or
15        agency, without regard to the number of employees;
16            (d) Any party to a public contract without regard
17        to the number of employees;
18            (e) A joint apprenticeship or training committee
19        without regard to the number of employees.
20        (2) "Employer" does not include any place of worship,
21    religious corporation, association, educational
22    institution, society, or non-profit nursing institution
23    conducted by and for those who rely upon treatment by
24    prayer through spiritual means in accordance with the
25    tenets of a recognized church or religious denomination
26    with respect to the employment of individuals of a



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



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1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5    For purposes of this definition, the phrase "working
6environment" is not limited to a physical location an employee
7is assigned to perform his or her duties.
8    (E-1) Harassment. "Harassment" means any unwelcome conduct
9on the basis of an individual's actual or perceived race,
10color, religion, national origin, ancestry, age, sex, marital
11status, order of protection status, disability, military
12status, sexual orientation, pregnancy, unfavorable discharge
13from military service, or citizenship status that has the
14purpose or effect of substantially interfering with the
15individual's work performance or creating an intimidating,
16hostile, or offensive working environment. For purposes of
17this definition, the phrase "working environment" is not
18limited to a physical location an employee is assigned to
19perform his or her duties.
20    (F) Religion. "Religion" with respect to employers
21includes all aspects of religious observance and practice, as
22well as belief, unless an employer demonstrates that he is
23unable to reasonably accommodate an employee's or prospective
24employee's religious observance or practice without undue
25hardship on the conduct of the employer's business.
26    (G) Public Employer. "Public employer" means the State, an



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1agency or department thereof, unit of local government, school
2district, instrumentality or political subdivision.
3    (H) Public Employee. "Public employee" means an employee
4of the State, agency or department thereof, unit of local
5government, school district, instrumentality or political
6subdivision. "Public employee" does not include public
7officers or employees of the General Assembly or agencies
9    (I) Public Officer. "Public officer" means a person who is
10elected to office pursuant to the Constitution or a statute or
11ordinance, or who is appointed to an office which is
12established, and the qualifications and duties of which are
13prescribed, by the Constitution or a statute or ordinance, to
14discharge a public duty for the State, agency or department
15thereof, unit of local government, school district,
16instrumentality or political subdivision.
17    (J) Eligible Bidder. "Eligible bidder" means a person who,
18prior to contract award or prior to bid opening for State
19contracts for construction or construction-related services,
20has filed with the Department a properly completed, sworn and
21currently valid employer report form, pursuant to the
22Department's regulations. The provisions of this Article
23relating to eligible bidders apply only to bids on contracts
24with the State and its departments, agencies, boards, and
25commissions, and the provisions do not apply to bids on
26contracts with units of local government or school districts.



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1    (K) Citizenship Status. "Citizenship status" means the
2status of being:
3        (1) a born U.S. citizen;
4        (2) a naturalized U.S. citizen;
5        (3) a U.S. national; or
6        (4) a person born outside the United States and not a
7    U.S. citizen who is not an unauthorized alien and who is
8    protected from discrimination under the provisions of
9    Section 1324b of Title 8 of the United States Code, as now
10    or hereafter amended.
11(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
12101-430, eff. 7-1-20; revised 8-4-20.)