093_SB0679eng

 
SB679 Engrossed                      LRB093 10734 WGH 11124 b

 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 2-102 as follows:

 6        (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
 7        Sec. 2-102. Civil Rights Violations - Employment.  It  is
 8    a civil rights violation:
 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
14    unlawful discrimination or citizenship status.
15        (A-5)  Language. For any employer to adopt or  enforce  a
16    policy  that  limits  or prohibits the use of any language in
17    any workplace, unless both of the following conditions exist:
18             (1)  The language  restriction  is  justified  by  a
19        business necessity.
20             (2)  The  employer has notified its employees of the
21        circumstances and the time when the language  restriction
22        is  required  to  be observed and of the consequences for
23        violating the language restriction.
24        For the purposes of  this  subdivision  (A-5),  "business
25    necessity"  means  an  overriding legitimate business purpose
26    such that the language restriction is necessary to  the  safe
27    and  efficient  operation  of the business, that the language
28    restriction effectively fulfills the business purpose  it  is
29    supposed  to  serve,  and there is no alternative practice to
30    the language restriction that would accomplish  the  business
31    purpose equally well with a lesser discriminatory impact.
 
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 1        (B)  Employment Agency. For any employment agency to fail
 2    or  refuse  to  classify  properly,  accept  applications and
 3    register for employment referral or apprenticeship  referral,
 4    refer  for  employment,  or  refer  for apprenticeship on the
 5    basis of unlawful discrimination or citizenship status or  to
 6    accept  from any person any job order, requisition or request
 7    for referral of applicants for employment  or  apprenticeship
 8    which   makes   or   has   the   effect  of  making  unlawful
 9    discrimination or discrimination on the basis of  citizenship
10    status a condition of referral.
11        (C)  Labor  Organization.  For  any labor organization to
12    limit, segregate or classify  its  membership,  or  to  limit
13    employment   opportunities,   selection   and   training  for
14    apprenticeship in any trade or craft, or otherwise  to  take,
15    or  fail  to  take,  any  action  which affects adversely any
16    person's status  as  an  employee  or  as  an  applicant  for
17    employment  or  as  an  apprentice,  or  as  an applicant for
18    apprenticeships, or wages, tenure,  hours  of  employment  or
19    apprenticeship   conditions   on   the   basis   of  unlawful
20    discrimination or citizenship status.
21        (D)  Sexual  Harassment.   For  any  employer,  employee,
22    agent  of  any   employer,   employment   agency   or   labor
23    organization  to  engage in sexual harassment; provided, that
24    an employer shall be responsible for sexual harassment of the
25    employer's employees by  nonemployees  or  nonmanagerial  and
26    nonsupervisory  employees  only if the employer becomes aware
27    of the  conduct  and  fails  to  take  reasonable  corrective
28    measures.
29        (E)  Public Employers.  For any public employer to refuse
30    to  permit a public employee under its jurisdiction who takes
31    time off from work in order to practice his or her  religious
32    beliefs  to  engage  in  work,  during  hours other than such
33    employee's  regular  working  hours,  consistent   with   the
34    operational  needs of the employer and in order to compensate
 
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 1    for work time lost for such religious reasons.  Any  employee
 2    who  elects  such  deferred  work shall be compensated at the
 3    wage rate which he  or  she  would  have  earned  during  the
 4    originally  scheduled  work  period. The employer may require
 5    that an employee who plans to take  time  off  from  work  in
 6    order  to  practice  his or her religious beliefs provide the
 7    employer with a notice of his or her intention to  be  absent
 8    from work not exceeding 5 days prior to the date of absence.
 9        (F)  Training   and  Apprenticeship  Programs.   For  any
10    employer,  employment  agency  or   labor   organization   to
11    discriminate  against  a  person  on  the basis of age in the
12    selection, referral  for  or  conduct  of  apprenticeship  or
13    training programs.
14        (G)  Immigration-Related  Practices.   For an employer to
15    request  for  purposes  of  satisfying  the  requirements  of
16    Section 1324a(b) of Title 8 of the United States Code, as now
17    or hereafter amended, more or different  documents  than  are
18    required  under  such Section or to refuse to honor documents
19    tendered that on their face reasonably appear to be genuine.
20        It is not a civil rights violation  for  an  employer  to
21    take  any action that is required by Section 1324a of Title 8
22    of the United States Code, as now or hereafter amended.
23    (Source: P.A. 87-579.)