Illinois General Assembly - Full Text of HB0008
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Full Text of HB0008  98th General Assembly


Rep. Mary E. Flowers

Filed: 4/2/2014





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2    AMENDMENT NO. ______. Amend House Bill 8, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. Findings. The General Assembly finds and
6declares the following:
7        (1) Current workplace laws are inadequate to protect
8    pregnant workers from enjoying equal employment
9    opportunities.
10        (2) Because of inadequate protections, pregnant women
11    who are temporarily limited in their abilities to perform
12    their work functions because of pregnancy, childbirth, or
13    conditions related to pregnancy or childbirth are often
14    forced to take unpaid leave or are fired, despite the
15    availability of reasonable accommodations that would allow
16    them to continue to work. The most frequent accommodations
17    involve limits on lifting, access to places to sit, and



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1    more frequent bathroom breaks.
2        (3) Many pregnant women are single mothers or the
3    primary breadwinners for their families. If one of these
4    women loses her job, her whole family, and Illinois,
5    suffers.
6        (4) Employers are familiar with the reasonable
7    accommodations framework. Indeed, employers are required
8    to reasonably accommodate people with disabilities and
9    employees injured on the job. Sadly, many employers refuse
10    to provide reasonable accommodations or decline to extend
11    workplace injury policies to pregnant women.
12        (5) Women are nearly 50% of all workers in Illinois and
13    women of childbearing age are 54% of women workers. Failing
14    to provide reasonable accommodations to pregnant women
15    leads to lost wages, periods of unemployment, and lost
16    employment opportunities and job benefits such as
17    seniority, all of which have lifelong repercussions on
18    women's economic security and advancement and the
19    well-being of their families.
20        (6) Most women work during pregnancy. By continuing to
21    work, women can maintain and advance their economic
22    security. Moreover, women who work during pregnancy may be
23    able to take a longer period of leave following childbirth,
24    which in turn facilitates breastfeeding, bonding with and
25    caring for a new child, and recovering from childbirth.
26        (7) Enabling pregnant workers to work through



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1    pregnancy is good for businesses. Providing pregnant
2    employees with reasonable, temporary accommodations
3    increases worker productivity, retention, and morale,
4    decreases re-training costs, and reduces health care costs
5    associated with pregnancy complications.
6    Section 10. Purposes. The purposes of this Act are:
7        (1) to promote the State's interest in eradicating
8    gender discrimination, including discrimination based on
9    pregnancy, childbirth, or conditions related to pregnancy
10    or childbirth, and in promoting women's equality;
11        (2) to address the failure of existing laws to protect
12    the employment rights of pregnant workers; and
13        (3) to ensure full and equal participation for women in
14    the labor force by requiring employers to provide
15    reasonable accommodations to employees with conditions
16    related to pregnancy or childbirth.
17    Section 15. The Illinois Human Rights Act is amended by
18changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as
20    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
21    Sec. 1-102. Declaration of Policy. It is the public policy
22of this State:
23    (A) Freedom from Unlawful Discrimination. To secure for all



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1individuals within Illinois the freedom from discrimination
2against any individual because of his or her race, color,
3religion, sex, national origin, ancestry, age, order of
4protection status, marital status, physical or mental
5disability, military status, sexual orientation, pregnancy, or
6unfavorable discharge from military service in connection with
7employment, real estate transactions, access to financial
8credit, and the availability of public accommodations.
9    (B) Freedom from Sexual Harassment-Employment and
10Elementary, Secondary, and Higher Education. To prevent sexual
11harassment in employment and sexual harassment in elementary,
12secondary, and higher education.
13    (C) Freedom from Discrimination Based on Citizenship
14Status-Employment. To prevent discrimination based on
15citizenship status in employment.
16    (D) Freedom from Discrimination Based on Familial
17Status-Real Estate Transactions. To prevent discrimination
18based on familial status in real estate transactions.
19    (E) Public Health, Welfare and Safety. To promote the
20public health, welfare and safety by protecting the interest of
21all people in Illinois in maintaining personal dignity, in
22realizing their full productive capacities, and in furthering
23their interests, rights and privileges as citizens of this
25    (F) Implementation of Constitutional Guarantees. To secure
26and guarantee the rights established by Sections 17, 18 and 19



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1of Article I of the Illinois Constitution of 1970.
2    (G) Equal Opportunity, Affirmative Action. To establish
3Equal Opportunity and Affirmative Action as the policies of
4this State in all of its decisions, programs and activities,
5and to assure that all State departments, boards, commissions
6and instrumentalities rigorously take affirmative action to
7provide equality of opportunity and eliminate the effects of
8past discrimination in the internal affairs of State government
9and in their relations with the public.
10    (H) Unfounded Charges. To protect citizens of this State
11against unfounded charges of unlawful discrimination, sexual
12harassment in employment and sexual harassment in elementary,
13secondary, and higher education, and discrimination based on
14citizenship status in employment.
15(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
1696-1319, eff. 7-27-10.)
17    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
18    Sec. 1-103. General Definitions. When used in this Act,
19unless the context requires otherwise, the term:
20    (A) Age. "Age" means the chronological age of a person who
21is at least 40 years old, except with regard to any practice
22described in Section 2-102, insofar as that practice concerns
23training or apprenticeship programs. In the case of training or
24apprenticeship programs, for the purposes of Section 2-102,
25"age" means the chronological age of a person who is 18 but not



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1yet 40 years old.
2    (B) Aggrieved Party. "Aggrieved party" means a person who
3is alleged or proved to have been injured by a civil rights
4violation or believes he or she will be injured by a civil
5rights violation under Article 3 that is about to occur.
6    (C) Charge. "Charge" means an allegation filed with the
7Department by an aggrieved party or initiated by the Department
8under its authority.
9    (D) Civil Rights Violation. "Civil rights violation"
10includes and shall be limited to only those specific acts set
11forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
123-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
136-101, and 6-102 of this Act.
14    (E) Commission. "Commission" means the Human Rights
15Commission created by this Act.
16    (F) Complaint. "Complaint" means the formal pleading filed
17by the Department with the Commission following an
18investigation and finding of substantial evidence of a civil
19rights violation.
20    (G) Complainant. "Complainant" means a person including
21the Department who files a charge of civil rights violation
22with the Department or the Commission.
23    (H) Department. "Department" means the Department of Human
24Rights created by this Act.
25    (I) Disability. "Disability" means a determinable physical
26or mental characteristic of a person, including, but not



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1limited to, a determinable physical characteristic which
2necessitates the person's use of a guide, hearing or support
3dog, the history of such characteristic, or the perception of
4such characteristic by the person complained against, which may
5result from disease, injury, congenital condition of birth or
6functional disorder and which characteristic:
7        (1) For purposes of Article 2 is unrelated to the
8    person's ability to perform the duties of a particular job
9    or position and, pursuant to Section 2-104 of this Act, a
10    person's illegal use of drugs or alcohol is not a
11    disability;
12        (2) For purposes of Article 3, is unrelated to the
13    person's ability to acquire, rent or maintain a housing
14    accommodation;
15        (3) For purposes of Article 4, is unrelated to a
16    person's ability to repay;
17        (4) For purposes of Article 5, is unrelated to a
18    person's ability to utilize and benefit from a place of
19    public accommodation;
20        (5) For purposes of Article 5, also includes any
21    mental, psychological, or developmental disability,
22    including autism spectrum disorders.
23    (J) Marital Status. "Marital status" means the legal status
24of being married, single, separated, divorced or widowed.
25    (J-1) Military Status. "Military status" means a person's
26status on active duty in or status as a veteran of the armed



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1forces of the United States, status as a current member or
2veteran of any reserve component of the armed forces of the
3United States, including the United States Army Reserve, United
4States Marine Corps Reserve, United States Navy Reserve, United
5States Air Force Reserve, and United States Coast Guard
6Reserve, or status as a current member or veteran of the
7Illinois Army National Guard or Illinois Air National Guard.
8    (K) National Origin. "National origin" means the place in
9which a person or one of his or her ancestors was born.
10    (K-5) "Order of protection status" means a person's status
11as being a person protected under an order of protection issued
12pursuant to the Illinois Domestic Violence Act of 1986 or an
13order of protection issued by a court of another state.
14    (L) Person. "Person" includes one or more individuals,
15partnerships, associations or organizations, labor
16organizations, labor unions, joint apprenticeship committees,
17or union labor associations, corporations, the State of
18Illinois and its instrumentalities, political subdivisions,
19units of local government, legal representatives, trustees in
20bankruptcy or receivers.
21    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
22or conditions related to pregnancy or childbirth.
23    (M) Public Contract. "Public contract" includes every
24contract to which the State, any of its political subdivisions
25or any municipal corporation is a party.
26    (N) Religion. "Religion" includes all aspects of religious



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1observance and practice, as well as belief, except that with
2respect to employers, for the purposes of Article 2, "religion"
3has the meaning ascribed to it in paragraph (F) of Section
5    (O) Sex. "Sex" means the status of being male or female.
6    (O-1) Sexual orientation. "Sexual orientation" means
7actual or perceived heterosexuality, homosexuality,
8bisexuality, or gender-related identity, whether or not
9traditionally associated with the person's designated sex at
10birth. "Sexual orientation" does not include a physical or
11sexual attraction to a minor by an adult.
12    (P) Unfavorable Military Discharge. "Unfavorable military
13discharge" includes discharges from the Armed Forces of the
14United States, their Reserve components or any National Guard
15or Naval Militia which are classified as RE-3 or the equivalent
16thereof, but does not include those characterized as RE-4 or
18    (Q) Unlawful Discrimination. "Unlawful discrimination"
19means discrimination against a person because of his or her
20race, color, religion, national origin, ancestry, age, sex,
21marital status, order of protection status, disability,
22military status, sexual orientation, pregnancy, or unfavorable
23discharge from military service as those terms are defined in
24this Section.
25(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
2697-410, eff. 1-1-12; 97-813, eff. 7-13-12.)



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1    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
2    Sec. 2-101. Definitions. The following definitions are
3applicable strictly in the context of this Article.
4    (A) Employee.
5        (1) "Employee" includes:
6            (a) Any individual performing services for
7        remuneration within this State for an employer;
8            (b) An apprentice;
9            (c) An applicant for any apprenticeship.
10        (2) "Employee" does not include:
11            (a) Domestic servants in private homes;
12            (b) Individuals employed by persons who are not
13        "employers" as defined by this Act;
14            (c) Elected public officials or the members of
15        their immediate personal staffs;
16            (d) Principal administrative officers of the State
17        or of any political subdivision, municipal corporation
18        or other governmental unit or agency;
19            (e) A person in a vocational rehabilitation
20        facility certified under federal law who has been
21        designated an evaluee, trainee, or work activity
22        client.
23    (B) Employer.
24        (1) "Employer" includes:
25            (a) Any person employing 15 or more employees



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1        within Illinois during 20 or more calendar weeks within
2        the calendar year of or preceding the alleged
3        violation;
4            (b) Any person employing one or more employees when
5        a complainant alleges civil rights violation due to
6        unlawful discrimination based upon his or her physical
7        or mental disability unrelated to ability, pregnancy,
8        or sexual harassment;
9            (c) The State and any political subdivision,
10        municipal corporation or other governmental unit or
11        agency, without regard to the number of employees;
12            (d) Any party to a public contract without regard
13        to the number of employees;
14            (e) A joint apprenticeship or training committee
15        without regard to the number of employees.
16        (2) "Employer" does not include any religious
17    corporation, association, educational institution,
18    society, or non-profit nursing institution conducted by
19    and for those who rely upon treatment by prayer through
20    spiritual means in accordance with the tenets of a
21    recognized church or religious denomination with respect
22    to the employment of individuals of a particular religion
23    to perform work connected with the carrying on by such
24    corporation, association, educational institution, society
25    or non-profit nursing institution of its activities.
26    (C) Employment Agency. "Employment Agency" includes both



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1public and private employment agencies and any person, labor
2organization, or labor union having a hiring hall or hiring
3office regularly undertaking, with or without compensation, to
4procure opportunities to work, or to procure, recruit, refer or
5place employees.
6    (D) Labor Organization. "Labor Organization" includes any
7organization, labor union, craft union, or any voluntary
8unincorporated association designed to further the cause of the
9rights of union labor which is constituted for the purpose, in
10whole or in part, of collective bargaining or of dealing with
11employers concerning grievances, terms or conditions of
12employment, or apprenticeships or applications for
13apprenticeships, or of other mutual aid or protection in
14connection with employment, including apprenticeships or
15applications for apprenticeships.
16    (E) Sexual Harassment. "Sexual harassment" means any
17unwelcome sexual advances or requests for sexual favors or any
18conduct of a sexual nature when (1) submission to such conduct
19is made either explicitly or implicitly a term or condition of
20an individual's employment, (2) submission to or rejection of
21such conduct by an individual is used as the basis for
22employment decisions affecting such individual, or (3) such
23conduct has the purpose or effect of substantially interfering
24with an individual's work performance or creating an
25intimidating, hostile or offensive working environment.
26    (F) Religion. "Religion" with respect to employers



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1includes all aspects of religious observance and practice, as
2well as belief, unless an employer demonstrates that he is
3unable to reasonably accommodate an employee's or prospective
4employee's religious observance or practice without undue
5hardship on the conduct of the employer's business.
6    (G) Public Employer. "Public employer" means the State, an
7agency or department thereof, unit of local government, school
8district, instrumentality or political subdivision.
9    (H) Public Employee. "Public employee" means an employee of
10the State, agency or department thereof, unit of local
11government, school district, instrumentality or political
12subdivision. "Public employee" does not include public
13officers or employees of the General Assembly or agencies
15    (I) Public Officer. "Public officer" means a person who is
16elected to office pursuant to the Constitution or a statute or
17ordinance, or who is appointed to an office which is
18established, and the qualifications and duties of which are
19prescribed, by the Constitution or a statute or ordinance, to
20discharge a public duty for the State, agency or department
21thereof, unit of local government, school district,
22instrumentality or political subdivision.
23    (J) Eligible Bidder. "Eligible bidder" means a person who,
24prior to a bid opening, has filed with the Department a
25properly completed, sworn and currently valid employer report
26form, pursuant to the Department's regulations. The provisions



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1of this Article relating to eligible bidders apply only to bids
2on contracts with the State and its departments, agencies,
3boards, and commissions, and the provisions do not apply to
4bids on contracts with units of local government or school
6    (K) Citizenship Status. "Citizenship status" means the
7status of being:
8        (1) a born U.S. citizen;
9        (2) a naturalized U.S. citizen;
10        (3) a U.S. national; or
11        (4) a person born outside the United States and not a
12    U.S. citizen who is not an unauthorized alien and who is
13    protected from discrimination under the provisions of
14    Section 1324b of Title 8 of the United States Code, as now
15    or hereafter amended.
16(Source: P.A. 97-877, eff. 8-2-12.)
17    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
18    Sec. 2-102. Civil Rights Violations - Employment. It is a
19civil rights violation:
20    (A) Employers. For any employer to refuse to hire, to
21segregate, or to act with respect to recruitment, hiring,
22promotion, renewal of employment, selection for training or
23apprenticeship, discharge, discipline, tenure or terms,
24privileges or conditions of employment on the basis of unlawful
25discrimination or citizenship status.



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1    (A-5) Language. For an employer to impose a restriction
2that has the effect of prohibiting a language from being spoken
3by an employee in communications that are unrelated to the
4employee's duties.
5    For the purposes of this subdivision (A-5), "language"
6means a person's native tongue, such as Polish, Spanish, or
7Chinese. "Language" does not include such things as slang,
8jargon, profanity, or vulgarity.
9    (B) Employment Agency. For any employment agency to fail or
10refuse to classify properly, accept applications and register
11for employment referral or apprenticeship referral, refer for
12employment, or refer for apprenticeship on the basis of
13unlawful discrimination or citizenship status or to accept from
14any person any job order, requisition or request for referral
15of applicants for employment or apprenticeship which makes or
16has the effect of making unlawful discrimination or
17discrimination on the basis of citizenship status a condition
18of referral.
19    (C) Labor Organization. For any labor organization to
20limit, segregate or classify its membership, or to limit
21employment opportunities, selection and training for
22apprenticeship in any trade or craft, or otherwise to take, or
23fail to take, any action which affects adversely any person's
24status as an employee or as an applicant for employment or as
25an apprentice, or as an applicant for apprenticeships, or
26wages, tenure, hours of employment or apprenticeship



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1conditions on the basis of unlawful discrimination or
2citizenship status.
3    (D) Sexual Harassment. For any employer, employee, agent of
4any employer, employment agency or labor organization to engage
5in sexual harassment; provided, that an employer shall be
6responsible for sexual harassment of the employer's employees
7by nonemployees or nonmanagerial and nonsupervisory employees
8only if the employer becomes aware of the conduct and fails to
9take reasonable corrective measures.
10    (E) Public Employers. For any public employer to refuse to
11permit a public employee under its jurisdiction who takes time
12off from work in order to practice his or her religious beliefs
13to engage in work, during hours other than such employee's
14regular working hours, consistent with the operational needs of
15the employer and in order to compensate for work time lost for
16such religious reasons. Any employee who elects such deferred
17work shall be compensated at the wage rate which he or she
18would have earned during the originally scheduled work period.
19The employer may require that an employee who plans to take
20time off from work in order to practice his or her religious
21beliefs provide the employer with a notice of his or her
22intention to be absent from work not exceeding 5 days prior to
23the date of absence.
24    (F) Training and Apprenticeship Programs. For any
25employer, employment agency or labor organization to
26discriminate against a person on the basis of age in the



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1selection, referral for or conduct of apprenticeship or
2training programs.
3    (G) Immigration-Related Practices.
4        (1) for an employer to request for purposes of
5    satisfying the requirements of Section 1324a(b) of Title 8
6    of the United States Code, as now or hereafter amended,
7    more or different documents than are required under such
8    Section or to refuse to honor documents tendered that on
9    their face reasonably appear to be genuine; or
10        (2) for an employer participating in the E-Verify
11    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
12    Programs for Employment Eligibility Confirmation (enacted
13    by PL 104-208, div. C title IV, subtitle A) to refuse to
14    hire, to segregate, or to act with respect to recruitment,
15    hiring, promotion, renewal of employment, selection for
16    training or apprenticeship, discharge, discipline, tenure
17    or terms, privileges or conditions of employment without
18    following the procedures under the E-Verify Program.
19    (H) (Blank). Pregnancy; peace officers and fire fighters.
20For a public employer to refuse to temporarily transfer a
21pregnant female peace officer or pregnant female fire fighter
22to a less strenuous or hazardous position for the duration of
23her pregnancy if she so requests, with the advice of her
24physician, where that transfer can be reasonably accommodated.
25For the purposes of this subdivision (H), "peace officer" and
26"fire fighter" have the meanings ascribed to those terms in



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1Section 3 of the Illinois Public Labor Relations Act.
2    It is not a civil rights violation for an employer to take
3any action that is required by Section 1324a of Title 8 of the
4United States Code, as now or hereafter amended.
5    (I) Pregnancy. For an employer to refuse to hire, to
6segregate, or to act with respect to recruitment, hiring,
7promotion, renewal of employment, selection for training or
8apprenticeship, discharge, discipline, tenure or terms,
9privileges or conditions of employment on the basis of
10pregnancy, childbirth, or related medical conditions related
11to pregnancy or childbirth. Women affected by pregnancy,
12childbirth, or related medical conditions related to pregnancy
13or childbirth shall be treated the same for all
14employment-related purposes, including receipt of benefits
15under fringe benefit programs, as other persons not so affected
16but similar in their ability or inability to work, regardless
17of the source of the inability to work or employment
18classification or status, including part-time, full-time, or
20    (J) Pregnancy; reasonable accommodations.
21        (1) For an employer to not make reasonable
22    accommodations for any condition of a job applicant or
23    employee related to pregnancy or childbirth, if she so
24    requests, unless the employer can demonstrate that the
25    accommodation would impose an undue hardship on the
26    ordinary operation of the business of the employer. If the



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1    employer requests a certificate from the employee's health
2    care provider concerning the need for the requested
3    reasonable accommodation or accommodations and the request
4    by the employer for documentation is job-related and
5    consistent with business necessity, the employer may
6    require only the medical justification for the requested
7    accommodation or accommodations, a description of the
8    reasonable accommodation or accommodations medically
9    advisable, the date the reasonable accommodation or
10    accommodations became medically advisable, and the
11    probable duration of the reasonable accommodation or
12    accommodations. Notwithstanding the provisions of this
13    paragraph, the employer may require a certificate by the
14    employee's health care provider to determine compliance
15    with other laws. The employer shall engage in a timely,
16    good faith, and meaningful exchange with the employee to
17    determine effective reasonable accommodations.
18        (2) For an employer to deny employment opportunities or
19    benefits to or take adverse action against an otherwise
20    qualified job applicant or employee, if the denial or
21    adverse action is based on the need of the employer to make
22    reasonable accommodations to the known conditions related
23    to the pregnancy or childbirth of the applicant or
24    employee.
25        (3) For an employer to require a job applicant or
26    employee affected by pregnancy, childbirth, or conditions



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1    related to pregnancy or childbirth to accept an
2    accommodation that the applicant or employee chooses not to
3    accept.
4        (4) For an employer to require an employee to take
5    leave under any leave law or policy of the employer if
6    another reasonable accommodation can be provided to the
7    known conditions related to the pregnancy or childbirth of
8    an employee. No employer shall fail or refuse to reinstate
9    the employee affected by pregnancy or childbirth, or
10    conditions related to pregnancy or childbirth to her
11    original job or to an equivalent position with equivalent
12    pay and accumulated seniority, retirement, fringe
13    benefits, and other applicable service credits upon her
14    signifying her intent to return or when her need for
15    reasonable accommodation ceases, unless the employer can
16    demonstrate that the accommodation would impose an undue
17    hardship on the ordinary operation of the business of the
18    employer.
19    For the purposes of this subdivision (J), "reasonable
20accommodations" means reasonable modifications or adjustments
21to the job application process or work environment, or to the
22manner or circumstances under which the position desired or
23held is customarily performed, that enable an applicant or
24employee affected by pregnancy, childbirth, or conditions
25related to pregnancy or childbirth to be considered for the
26position the applicant desires or to perform the essential



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1functions of that position, and may include, but is not limited
2to: more frequent or longer bathroom breaks, breaks for
3increased water intake, and breaks for periodic rest; private
4non-bathroom space for expressing breast milk and
5breastfeeding; seating; assistance with manual labor; light
6duty; temporary transfer to a less strenuous or hazardous
7position; the provision of an accessible worksite; acquisition
8or modification of equipment; job restructuring; a part-time or
9modified work schedule; appropriate adjustment or
10modifications of examinations, training materials, or
11policies; reassignment to a vacant position; time off to
12recover from childbirth; and leave.
13    For the purposes of this subdivision (J), "undue hardship"
14means an action that is prohibitively expensive or disruptive
15when considered in light of the following factors: (i) the
16nature and cost of the accommodation needed; (ii) the overall
17financial resources of the facility or facilities involved in
18the provision of the reasonable accommodation, the number of
19persons employed at the facility, the effect on expenses and
20resources, or the impact otherwise of the accommodation upon
21the operation of the facility; (iii) the overall financial
22resources of the employer, the overall size of the business of
23the employer with respect to the number of its employees, and
24the number, type, and location of its facilities; and (iv) the
25type of operation or operations of the employer, including the
26composition, structure, and functions of the workforce of the



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1employer, the geographic separateness, administrative, or
2fiscal relationship of the facility or facilities in question
3to the employer. The employer has the burden of proving undue
4hardship. The fact that the employer provides or would be
5required to provide a similar accommodation to similarly
6situated employees creates a rebuttable presumption that the
7accommodation does not impose an undue hardship on the
9    No employer is required by this subdivision (J) to create
10additional employment that the employer would not otherwise
11have created, unless the employer does so or would do so for
12other classes of employees who need accommodation. The employer
13is not required to discharge any employee, transfer any
14employee with more seniority, or promote any employee who is
15not qualified to perform the job, unless the employer does so
16or would do so to accommodate other classes of employees who
17need it.
18    (K) Notice.
19        (1) For an employer to fail to post or keep posted in a
20    conspicuous location on the premises of the employer where
21    notices to employees are customarily posted, or fail to
22    include in any employee handbook information concerning an
23    employee's rights under this Article, a notice, to be
24    prepared or approved by the Department, summarizing the
25    requirements of this Article and information pertaining to
26    the filing of a charge, including the right to be free from



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1    unlawful discrimination and the right to certain
2    reasonable accommodations. The Department shall make the
3    documents required under this paragraph available for
4    retrieval from the Department's website.
5        (2) Upon notification of a violation of paragraph (1)
6    of this subdivision (K), the Department may launch a
7    preliminary investigation. If the Department finds a
8    violation, the Department may issue a notice to show cause
9    giving the employer 30 days to correct the violation. If
10    the violation is not corrected, the Department may initiate
11    a charge of a civil rights violation.
12(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
13    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
14    Sec. 6-101. Additional Civil Rights Violations. It is a
15civil rights violation for a person, or for two or more persons
16to conspire, to:
17        (A) Retaliation. Retaliate against a person because he
18    or she has opposed that which he or she reasonably and in
19    good faith believes to be unlawful discrimination, sexual
20    harassment in employment or sexual harassment in
21    elementary, secondary, and higher education,
22    discrimination based on citizenship status in employment,
23    or because he or she has made a charge, filed a complaint,
24    testified, assisted, or participated in an investigation,
25    proceeding, or hearing under this Act, or because he or she



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1    has requested, attempted to request, used, or attempted to
2    use a reasonable accommodation as allowed by this Act;
3        (B) Aiding and Abetting; Coercion. Aid, abet, compel or
4    coerce a person to commit any violation of this Act;
5        (C) Interference. Wilfully interfere with the
6    performance of a duty or the exercise of a power by the
7    Commission or one of its members or representatives or the
8    Department or one of its officers or employees.
9    Definitions. For the purposes of this Section, "sexual
10harassment" and "citizenship status" shall have the same
11meaning as defined in Section 2-101 of this Act.
12(Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".