Full Text of HB5787 98th General Assembly
HB5787 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5787 Introduced , by Rep. Maria Antonia Berrios SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/2-101 | from Ch. 68, par. 2-101 |
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Amends the Illinois Human Rights Act. Provides that for purposes of the provisions of the Act concerning sexual harassment in the workplace, "employee" includes unpaid interns.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 2-101 as follows:
| 6 | | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| 7 | | Sec. 2-101. Definitions. The following definitions are | 8 | | applicable
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 this | 16 | | Act, "employee" also includes an unpaid intern.
| 17 | | (2) "Employee" does not include:
| 18 | | (a) Domestic servants in private homes;
| 19 | | (b) Individuals employed by persons who are not | 20 | | "employers" as
defined by this Act;
| 21 | | (c) Elected public officials or the members of | 22 | | their immediate
personal staffs;
| 23 | | (d) Principal administrative officers of the State |
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| 1 | | or of any
political subdivision, municipal corporation | 2 | | or other governmental unit
or agency;
| 3 | | (e) A person in a vocational rehabilitation | 4 | | facility certified under
federal law who has been | 5 | | designated an evaluee, trainee, or work
activity | 6 | | client.
| 7 | | (B) Employer.
| 8 | | (1) "Employer" includes:
| 9 | | (a) Any person employing 15 or more employees | 10 | | within Illinois during
20 or more calendar weeks within | 11 | | the calendar year of or preceding the alleged
| 12 | | violation;
| 13 | | (b) Any person employing one or more employees when | 14 | | a complainant
alleges civil rights violation due to | 15 | | unlawful discrimination based
upon his or her physical | 16 | | or mental disability unrelated to ability or
sexual | 17 | | harassment;
| 18 | | (c) The State and any political subdivision, | 19 | | municipal corporation
or other governmental unit or | 20 | | agency, without regard to the number of
employees;
| 21 | | (d) Any party to a public contract without regard | 22 | | to the number of
employees;
| 23 | | (e) A joint apprenticeship or training committee | 24 | | without regard to the
number of employees.
| 25 | | (2) "Employer" does not include any religious | 26 | | corporation,
association, educational institution, |
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| 1 | | society, or non-profit nursing
institution conducted by | 2 | | and for those who rely upon treatment by prayer
through | 3 | | spiritual means in accordance with the tenets of a | 4 | | recognized
church or religious denomination with respect | 5 | | to the employment of
individuals of a particular religion | 6 | | to perform work connected with the
carrying on by such | 7 | | corporation, association, educational institution,
society | 8 | | or non-profit nursing institution of its activities.
| 9 | | (C) Employment Agency. "Employment Agency" includes both | 10 | | public and
private employment agencies and any person, labor | 11 | | organization, or labor
union having a hiring hall or hiring | 12 | | office regularly undertaking, with
or without compensation, to | 13 | | procure opportunities to work, or to
procure, recruit, refer or | 14 | | place employees.
| 15 | | (D) Labor Organization. "Labor Organization" includes any
| 16 | | organization, labor union, craft union, or any voluntary | 17 | | unincorporated
association designed to further the cause of the | 18 | | rights of union labor
which is constituted for the purpose, in | 19 | | whole or in part, of collective
bargaining or of dealing with | 20 | | employers concerning grievances, terms or
conditions of | 21 | | employment, or apprenticeships or applications for
| 22 | | apprenticeships, or of other mutual aid or protection in | 23 | | connection with
employment, including apprenticeships or | 24 | | applications for apprenticeships.
| 25 | | (E) Sexual Harassment. "Sexual harassment" means any | 26 | | unwelcome sexual
advances or requests for sexual favors or any |
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| 1 | | conduct of a sexual nature
when (1) submission to such conduct | 2 | | is made either explicitly or implicitly
a term or condition of | 3 | | an individual's employment, (2) submission to or
rejection of | 4 | | such conduct by an individual is used as the basis for
| 5 | | employment decisions affecting such individual, or (3) such | 6 | | conduct has the
purpose or effect of substantially interfering | 7 | | with an individual's work
performance or creating an | 8 | | intimidating, hostile or offensive working
environment.
| 9 | | (F) Religion. "Religion" with respect to employers | 10 | | includes all
aspects of religious observance and practice, as | 11 | | well as belief, unless an
employer demonstrates that he is | 12 | | unable to reasonably accommodate an
employee's or prospective | 13 | | employee's religious observance or practice
without undue | 14 | | hardship on the conduct of the employer's business.
| 15 | | (G) Public Employer. "Public employer" means the State, an | 16 | | agency or
department thereof, unit of local government, school | 17 | | district,
instrumentality or political subdivision.
| 18 | | (H) Public Employee. "Public employee" means an employee of | 19 | | the State,
agency or department thereof, unit of local | 20 | | government, school district,
instrumentality or political | 21 | | subdivision. "Public employee" does not include
public | 22 | | officers or employees of the General Assembly or agencies | 23 | | thereof.
| 24 | | (I) Public Officer. "Public officer" means a person who is | 25 | | elected to
office pursuant to the Constitution or a statute or | 26 | | ordinance, or who is
appointed to an office which is |
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| 1 | | established, and the qualifications and
duties of which are | 2 | | prescribed, by the Constitution or a statute or
ordinance, to | 3 | | discharge a public duty for the State, agency or department
| 4 | | thereof, unit of local government, school district, | 5 | | instrumentality or
political subdivision.
| 6 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 7 | | prior to a
bid opening, has filed with the Department a | 8 | | properly completed, sworn and
currently valid employer report | 9 | | form, pursuant to the Department's regulations.
The provisions | 10 | | of this Article relating to eligible bidders apply only
to bids | 11 | | on contracts with the State and its departments, agencies, | 12 | | boards,
and commissions, and the provisions do not apply to | 13 | | bids on contracts with
units of local government or school | 14 | | districts.
| 15 | | (K) Citizenship Status. "Citizenship status" means the | 16 | | status of being:
| 17 | | (1) a born U.S. citizen;
| 18 | | (2) a naturalized U.S. citizen;
| 19 | | (3) a U.S. national; or
| 20 | | (4) a person born outside the United States and not a | 21 | | U.S. citizen who
is not an unauthorized alien and who is | 22 | | protected from discrimination under
the provisions of | 23 | | Section 1324b of Title 8 of the United States Code, as
now | 24 | | or hereafter amended.
| 25 | | (Source: P.A. 97-877, eff. 8-2-12.)
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