Full Text of SB1122 97th General Assembly
SB1122sam001 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 2/28/2011
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| 1 | | AMENDMENT TO SENATE BILL 1122
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1122 by replacing | 3 | | everything after the enacting clause with the following:
| 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 a | 8 | | 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 unlawful
| 14 | | discrimination or citizenship status.
| 15 | | (A-5) Language. For an employer to impose a restriction | 16 | | that has the
effect of prohibiting a language from being spoken |
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| 1 | | by an employee in
communications that are unrelated to the | 2 | | employee's duties.
| 3 | | For the purposes of this subdivision (A-5), "language" | 4 | | means a person's
native tongue, such as Polish, Spanish, or
| 5 | | Chinese.
"Language" does not include such things as slang, | 6 | | jargon, profanity, or
vulgarity.
| 7 | | (B) Employment Agency. For any employment agency to fail or | 8 | | refuse
to classify properly, accept applications and register | 9 | | for employment
referral or apprenticeship referral, refer for | 10 | | employment, or refer for
apprenticeship on the basis of | 11 | | unlawful discrimination or citizenship
status or to accept from | 12 | | any person any job order, requisition or request
for referral | 13 | | of applicants for employment or apprenticeship which makes or
| 14 | | has the effect of making unlawful discrimination or | 15 | | discrimination on the
basis of citizenship status a condition | 16 | | of referral.
| 17 | | (C) Labor Organization. For any labor organization to | 18 | | limit,
segregate or classify its membership, or to limit | 19 | | employment
opportunities, selection and training for | 20 | | apprenticeship in any trade or
craft, or otherwise to take, or | 21 | | fail to take, any action which affects
adversely any person's | 22 | | status as an employee or as an applicant for
employment or as | 23 | | an apprentice, or as an applicant for apprenticeships,
or | 24 | | wages, tenure, hours of employment or apprenticeship | 25 | | conditions on the
basis of unlawful discrimination or | 26 | | citizenship status.
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| 1 | | (D) Sexual Harassment. For any employer, employee, agent of | 2 | | any employer,
employment agency or labor organization to engage | 3 | | in sexual harassment;
provided, that an employer shall be | 4 | | responsible for sexual harassment
of the employer's employees | 5 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 6 | | only if the employer becomes aware of the conduct and fails to
| 7 | | take reasonable corrective measures.
| 8 | | (E) Public Employers. For any public employer to refuse to | 9 | | permit a
public employee under its jurisdiction who takes time | 10 | | off from work in
order to practice his or her religious beliefs | 11 | | to engage in work, during hours
other than such employee's | 12 | | regular working hours, consistent with the
operational needs of | 13 | | the employer and in order to compensate for work time
lost for | 14 | | such religious reasons. Any employee who elects such deferred
| 15 | | work shall be compensated at the wage rate which he or she | 16 | | would have
earned during the originally scheduled work period. | 17 | | The employer may
require that an employee who plans to take | 18 | | time off from work in order to
practice his or her religious | 19 | | beliefs provide the employer with a notice of
his or her | 20 | | intention to be absent from work not exceeding 5 days prior to
| 21 | | the date of absence.
| 22 | | (F) Training and Apprenticeship Programs. For any | 23 | | employer,
employment agency or labor organization to | 24 | | discriminate against a person on
the basis of age in the | 25 | | selection, referral for or conduct of apprenticeship
or | 26 | | training programs.
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| 1 | | (G) Immigration-Related Practices. | 2 | | (1) for an employer to request for
purposes of | 3 | | satisfying the requirements of Section 1324a(b) of Title 8 | 4 | | of
the United States Code, as now or hereafter amended, | 5 | | more or different
documents than are required under such | 6 | | Section or to refuse to honor
documents tendered that on | 7 | | their face reasonably appear to be genuine; or
| 8 | | (2) for an employer participating in the Basic Pilot | 9 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 10 | | Programs for Employment Eligibility Confirmation (enacted | 11 | | by PL 104-208, div. C title IV, subtitle A) to refuse to | 12 | | hire, to segregate, or to act with respect to recruitment, | 13 | | hiring, promotion, renewal of employment, selection for | 14 | | training or apprenticeship, discharge, discipline, tenure | 15 | | or terms, privileges or conditions of employment without | 16 | | following the procedures under the Basic Pilot Program. | 17 | | (H) Pregnancy;
peace officers and fire fighters. For a | 18 | | public employer to refuse to temporarily transfer a pregnant
| 19 | | female peace officer or pregnant
female fire fighter to a less | 20 | | strenuous or hazardous position for the
duration of her | 21 | | pregnancy if she so requests, with the advice of her
physician, | 22 | | where that transfer can be reasonably accommodated. For the | 23 | | purposes of this subdivision (H), "peace officer" and "fire | 24 | | fighter" have the meanings ascribed to those terms in Section 3 | 25 | | of the Illinois Public Labor Relations Act.
| 26 | | It is not a civil rights violation for an employer to take |
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| 1 | | any action
that is required by Section 1324a of Title 8 of the | 2 | | United States Code, as
now or hereafter amended.
| 3 | | (I) Pregnancy. For any employer to refuse to hire, to | 4 | | segregate, or to act with respect to recruitment, hiring, | 5 | | promotion, renewal of employment, selection for training or | 6 | | apprenticeship, discharge, discipline, tenure or terms, | 7 | | privileges or conditions of employment on the basis of | 8 | | pregnancy, childbirth, or related medical conditions. | 9 | | (Source: P.A. 95-25, eff. 1-1-08; 95-137, eff. 1-1-08; 95-876, | 10 | | eff. 8-21-08.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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