HB2763 98TH GENERAL ASSEMBLY

LRB098 07564 HEP 37635 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2763

Introduced 2/21/2013, by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

775 ILCS 5/2-102

from Ch. 68, par. 2-102

Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to refuse to make certain reasonable accommodations in the workplace for an employee protected under an order of protection. Provides that an employer is not required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer. For purposes of the new provisions, defines "undue hardship" as significant difficulty or expense on the operation of an employer, when considered in light of: (1) the nature and cost of the reasonable accommodation needed; (2) the overall financial resources, number of employees, and the number, type, and placement of the work locations of an employer; and (3) the type of operation of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness of the employee's work location from the employer, and the administrative or fiscal relationship of the work location to the employer. Provides that prior to making the reasonable accommodations, an employer may verify that an employee is protected by an order of protection entered under the Illinois Domestic Violence Act of 1986.

A BILL FOR

AN ACT concerning human rights.

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

Section 5. The Illinois Human Rights Act is amended by changing Section 2-102 as follows:

(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)

Sec. 2-102. Civil Rights Violations - Employment. It is a civil rights violation:

(A) Employers. For any employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination or citizenship status.

(A-5) Language. For an employer to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee's duties.

For the purposes of this subdivision (A-5), "language" means a person's native tongue, such as Polish, Spanish, or Chinese. "Language" does not include such things as slang, jargon, profanity, or vulgarity.

(B) Employment Agency. For any employment agency to fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of unlawful discrimination or citizenship status or to accept from any person any job order, requisition or request for referral of applicants for employment or apprenticeship which makes or has the effect of making unlawful discrimination or discrimination on the basis of citizenship status a condition of referral.

(C) Labor Organization. For any labor organization to limit, segregate or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment or apprenticeship conditions on the basis of unlawful discrimination or citizenship status.

(D) Sexual Harassment. For any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.

(E) Public Employers. For any public employer to refuse to permit a public employee under its jurisdiction who takes time off from work in order to practice his or her religious beliefs to engage in work, during hours other than such employee's regular working hours, consistent with the operational needs of the employer and in order to compensate for work time lost for such religious reasons. Any employee who elects such deferred work shall be compensated at the wage rate which he or she would have earned during the originally scheduled work period. The employer may require that an employee who plans to take time off from work in order to practice his or her religious beliefs provide the employer with a notice of his or her intention to be absent from work not exceeding 5 days prior to the date of absence.

(F) Training and Apprenticeship Programs. For any employer, employment agency or labor organization to discriminate against a person on the basis of age in the selection, referral for or conduct of apprenticeship or training programs.

(G) Immigration-Related Practices.

(1) for an employer to request for purposes of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required under such Section or to refuse to honor documents tendered that on their face reasonably appear to be genuine; or

(2) for an employer participating in the Basic Pilot Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208, div. C title IV, subtitle A) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment without following the procedures under the Basic Pilot Program.

(H) Pregnancy; peace officers and fire fighters. For a public employer to refuse to temporarily transfer a pregnant female peace officer or pregnant female fire fighter to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. For the purposes of this subdivision (H), "peace officer" and "fire fighter" have the meanings ascribed to those terms in Section 3 of the Illinois Public Labor Relations Act.

It is not a civil rights violation for an employer to take any action that is required by Section 1324a of Title 8 of the United States Code, as now or hereafter amended.

(I) Pregnancy. For an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.

(J) Order of protection status. For an employer to refuse to make reasonable accommodations in the workplace for an employee protected under an order of protection, including:

(1) changing the contact information, such as telephone number, fax number, or electronic-mail address of the employee;

(2) screening the telephone calls of the employee;

(3) restructuring the job functions of the employee;

(4) changing the work location of the employee;

(5) installing locks and other security devices; and

(6) allowing the employee to work flexible hours.

An employer is not required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer. As used in this subsection (J), "undue hardship" means significant difficulty or expense on the operation of an employer, when considered in light of the following factors:

(1) the nature and cost of the reasonable accommodation needed;

(2) the overall financial resources, number of employees, and the number, type, and placement of the work locations of an employer; and

(3) the type of operation of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness of the employee's work location from the employer, and the administrative or fiscal relationship of the work location to the employer.

Prior to making the reasonable accommodations under this subsection (J), an employer may verify that an employee is protected by an order of protection entered under the Illinois Domestic Violence Act of 1986.

(Source: P.A. 97-596, eff. 8-26-11.)