Full Text of HB1743 95th General Assembly
HB1743 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1743
Introduced 2/23/2007, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/2-102 |
from Ch. 68, par. 2-102 |
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Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, based on the receipt of information from the Social Security Administration or from any other government agency that an employee's name and Social Security number do not correspond, to require that employee to reverify work authorization documents, to inquire as to that employee's work authorization, or to otherwise take any adverse action against that employee, unless the Attorney General of the United States issues final regulations to the contrary. Provides that it is also a civil rights violation for any employer, any agent of any employer, any employment agency, or any other entity to use the Basic Pilot program for Employment Eligibility Confirmation to conduct certain employment verification or reverification or to take certain adverse actions against the employee.
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A BILL FOR
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HB1743 |
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LRB095 05116 RLC 25186 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing Section 2-102 as follows:
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| (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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| Sec. 2-102. Civil Rights Violations - Employment. It is a | 8 |
| civil
rights violation:
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| (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 unlawful
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| discrimination or citizenship status.
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| (A-5) Language. For an employer to impose a restriction | 16 |
| that has the
effect of prohibiting a language from being spoken | 17 |
| by an employee in
communications that are unrelated to the | 18 |
| employee's duties.
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| For the purposes of this subdivision (A-5), "language" | 20 |
| means a person's
native tongue, such as Polish, Spanish, or
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| Chinese.
"Language" does not include such things as slang, | 22 |
| jargon, profanity, or
vulgarity.
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| (B) Employment Agency. For any employment agency to fail or |
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HB1743 |
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LRB095 05116 RLC 25186 b |
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| refuse
to classify properly, accept applications and register | 2 |
| for employment
referral or apprenticeship referral, refer for | 3 |
| employment, or refer for
apprenticeship on the basis of | 4 |
| unlawful discrimination or citizenship
status or to accept from | 5 |
| any person any job order, requisition or request
for referral | 6 |
| of applicants for employment or apprenticeship which makes or
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| has the effect of making unlawful discrimination or | 8 |
| discrimination on the
basis of citizenship status a condition | 9 |
| of referral.
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| (C) Labor Organization. For any labor organization to | 11 |
| limit,
segregate or classify its membership, or to limit | 12 |
| employment
opportunities, selection and training for | 13 |
| apprenticeship in any trade or
craft, or otherwise to take, or | 14 |
| fail to take, any action which affects
adversely any person's | 15 |
| status as an employee or as an applicant for
employment or as | 16 |
| an apprentice, or as an applicant for apprenticeships,
or | 17 |
| wages, tenure, hours of employment or apprenticeship | 18 |
| conditions on the
basis of unlawful discrimination or | 19 |
| citizenship status.
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| (D) Sexual Harassment. For any employer, employee, agent of | 21 |
| any employer,
employment agency or labor organization to engage | 22 |
| in sexual harassment;
provided, that an employer shall be | 23 |
| responsible for sexual harassment
of the employer's employees | 24 |
| by nonemployees or nonmanagerial and nonsupervisory
employees | 25 |
| only if the employer becomes aware of the conduct and fails to
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| take reasonable corrective measures.
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HB1743 |
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LRB095 05116 RLC 25186 b |
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| (E) Public Employers. For any public employer to refuse to | 2 |
| permit a
public employee under its jurisdiction who takes time | 3 |
| off from work in
order to practice his or her religious beliefs | 4 |
| to engage in work, during hours
other than such employee's | 5 |
| regular working hours, consistent with the
operational needs of | 6 |
| the employer and in order to compensate for work time
lost for | 7 |
| such religious reasons. Any employee who elects such deferred
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| work shall be compensated at the wage rate which he or she | 9 |
| would have
earned during the originally scheduled work period. | 10 |
| The employer may
require that an employee who plans to take | 11 |
| time off from work in order to
practice his or her religious | 12 |
| beliefs provide the employer with a notice of
his or her | 13 |
| intention to be absent from work not exceeding 5 days prior to
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| the date of absence.
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| (F) Training and Apprenticeship Programs. For any | 16 |
| employer,
employment agency or labor organization to | 17 |
| discriminate against a person on
the basis of age in the | 18 |
| selection, referral for or conduct of apprenticeship
or | 19 |
| training programs.
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| (G) Immigration-Related Practices. | 21 |
| (1) For an employer to request for
purposes of | 22 |
| satisfying the requirements of Section 1324a(b) of Title 8 | 23 |
| of
the United States Code, as now or hereafter amended, | 24 |
| more or different
documents than are required under such | 25 |
| Section or to refuse to honor
documents tendered that on | 26 |
| their face reasonably appear to be genuine ; or
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HB1743 |
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LRB095 05116 RLC 25186 b |
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| (2) For an employer, based on the receipt of | 2 |
| information from the Social Security Administration or | 3 |
| from any other government agency that an employee's name | 4 |
| and Social Security number do not correspond, to require | 5 |
| that employee to reverify work authorization documents, to | 6 |
| inquire as to that employee's work authorization, or to | 7 |
| otherwise take any adverse action against that employee, | 8 |
| unless the Attorney General of the United States issues | 9 |
| final regulations to the contrary pursuant to 8 U.S.C. | 10 |
| 1324a(b)(1)(E); or | 11 |
| (3) For any employer, any agent of any employer, any | 12 |
| employment agency, or any other entity to use the Basic | 13 |
| Pilot program, as authorized by 8 U.S.C. 1324a, Notes, | 14 |
| Pilot Programs for Employment Eligibility Confirmation | 15 |
| (enacted by PL 104-208, div. C, title IV, subtitle A): | 16 |
| (a) to conduct employment verification prior to an | 17 |
| offer of employment and before completion of the I-9 | 18 |
| form; | 19 |
| (b) to reverify the employment authorization of | 20 |
| current employees (including previous employees who | 21 |
| have been rehired) beyond the first 3 days of their | 22 |
| initial hire and after they have satisfied the I-9 | 23 |
| process set forth in INA Section 274A(b)(1) through | 24 |
| (3), unless otherwise required under federal law; | 25 |
| (c) to reverify employees initially hired before | 26 |
| the date the employer enters into a Memorandum of |
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LRB095 05116 RLC 25186 b |
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| Understanding (MOU) with the Social Security | 2 |
| Administration or the Department of Homeland Security, | 3 |
| unless otherwise required under federal law; | 4 |
| (d) to deny certain employment benefits or | 5 |
| otherwise interfere with its employees' labor rights, | 6 |
| or to engage in any other unlawful employment practice; | 7 |
| (e) to take adverse action against any person, | 8 |
| including, but not limited to, terminating or | 9 |
| suspending an employee who has received a tentative | 10 |
| nonconfirmation; | 11 |
| (f) to selectively exclude certain individuals | 12 |
| from consideration for employment as a result of a | 13 |
| perceived likelihood that additional verification will | 14 |
| be required, beyond what is required for most job | 15 |
| applicants; or | 16 |
| (g) for third-party use by individuals or | 17 |
| companies who conduct identity verification, | 18 |
| background checks, or other related services for | 19 |
| employers or other parties.
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| It is not a civil rights violation for an employer to take | 21 |
| any action
that is required by Section 1324a of Title 8 of the | 22 |
| United States Code, as
now or hereafter amended.
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| (Source: P.A. 93-217, eff. 1-1-04.)
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| Section 97. Severability. The provisions of this Act are | 25 |
| severable under Section 1.31 of the Statute on Statutes.
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