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


Sen. Toi W. Hutchinson

Filed: 5/14/2014





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



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



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1    employees with reasonable, temporary accommodations
2    increases worker productivity, retention, and morale,
3    decreases re-training costs, and reduces health care costs
4    associated with pregnancy complications.
5    Section 10. Purposes. The purposes of this Act are:
6        (1) to promote the State's interest in eradicating
7    gender discrimination, including discrimination based on
8    pregnancy, childbirth, or conditions related to pregnancy
9    or childbirth, and in promoting women's equality;
10        (2) to address the failure of existing laws to protect
11    the employment rights of pregnant workers; and
12        (3) to ensure full and equal participation for women in
13    the labor force by requiring employers to provide
14    reasonable accommodations to employees with conditions
15    related to pregnancy or childbirth.
16    Section 15. The Illinois Human Rights Act is amended by
17changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as
19    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
20    Sec. 1-102. Declaration of Policy. It is the public policy
21of this State:
22    (A) Freedom from Unlawful Discrimination. To secure for all
23individuals within Illinois the freedom from discrimination



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1against any individual because of his or her race, color,
2religion, sex, national origin, ancestry, age, order of
3protection status, marital status, physical or mental
4disability, military status, sexual orientation, pregnancy, or
5unfavorable discharge from military service in connection with
6employment, real estate transactions, access to financial
7credit, and the availability of public accommodations.
8    (B) Freedom from Sexual Harassment-Employment and
9Elementary, Secondary, and Higher Education. To prevent sexual
10harassment in employment and sexual harassment in elementary,
11secondary, and higher education.
12    (C) Freedom from Discrimination Based on Citizenship
13Status-Employment. To prevent discrimination based on
14citizenship status in employment.
15    (D) Freedom from Discrimination Based on Familial
16Status-Real Estate Transactions. To prevent discrimination
17based on familial status in real estate transactions.
18    (E) Public Health, Welfare and Safety. To promote the
19public health, welfare and safety by protecting the interest of
20all people in Illinois in maintaining personal dignity, in
21realizing their full productive capacities, and in furthering
22their interests, rights and privileges as citizens of this
24    (F) Implementation of Constitutional Guarantees. To secure
25and guarantee the rights established by Sections 17, 18 and 19
26of Article I of the Illinois Constitution of 1970.



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1    (G) Equal Opportunity, Affirmative Action. To establish
2Equal Opportunity and Affirmative Action as the policies of
3this State in all of its decisions, programs and activities,
4and to assure that all State departments, boards, commissions
5and instrumentalities rigorously take affirmative action to
6provide equality of opportunity and eliminate the effects of
7past discrimination in the internal affairs of State government
8and in their relations with the public.
9    (H) Unfounded Charges. To protect citizens of this State
10against unfounded charges of unlawful discrimination, sexual
11harassment in employment and sexual harassment in elementary,
12secondary, and higher education, and discrimination based on
13citizenship status in employment.
14(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
1596-1319, eff. 7-27-10.)
16    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
17    Sec. 1-103. General Definitions. When used in this Act,
18unless the context requires otherwise, the term:
19    (A) Age. "Age" means the chronological age of a person who
20is at least 40 years old, except with regard to any practice
21described in Section 2-102, insofar as that practice concerns
22training or apprenticeship programs. In the case of training or
23apprenticeship programs, for the purposes of Section 2-102,
24"age" means the chronological age of a person who is 18 but not
25yet 40 years old.



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1    (B) Aggrieved Party. "Aggrieved party" means a person who
2is alleged or proved to have been injured by a civil rights
3violation or believes he or she will be injured by a civil
4rights violation under Article 3 that is about to occur.
5    (C) Charge. "Charge" means an allegation filed with the
6Department by an aggrieved party or initiated by the Department
7under its authority.
8    (D) Civil Rights Violation. "Civil rights violation"
9includes and shall be limited to only those specific acts set
10forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
113-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
126-101, and 6-102 of this Act.
13    (E) Commission. "Commission" means the Human Rights
14Commission created by this Act.
15    (F) Complaint. "Complaint" means the formal pleading filed
16by the Department with the Commission following an
17investigation and finding of substantial evidence of a civil
18rights violation.
19    (G) Complainant. "Complainant" means a person including
20the Department who files a charge of civil rights violation
21with the Department or the Commission.
22    (H) Department. "Department" means the Department of Human
23Rights created by this Act.
24    (I) Disability. "Disability" means a determinable physical
25or mental characteristic of a person, including, but not
26limited to, a determinable physical characteristic which



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



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1veteran of any reserve component of the armed forces of the
2United States, including the United States Army Reserve, United
3States Marine Corps Reserve, United States Navy Reserve, United
4States Air Force Reserve, and United States Coast Guard
5Reserve, or status as a current member or veteran of the
6Illinois Army National Guard or Illinois Air National Guard.
7    (K) National Origin. "National origin" means the place in
8which a person or one of his or her ancestors was born.
9    (K-5) "Order of protection status" means a person's status
10as being a person protected under an order of protection issued
11pursuant to the Illinois Domestic Violence Act of 1986 or an
12order of protection issued by a court of another state.
13    (L) Person. "Person" includes one or more individuals,
14partnerships, associations or organizations, labor
15organizations, labor unions, joint apprenticeship committees,
16or union labor associations, corporations, the State of
17Illinois and its instrumentalities, political subdivisions,
18units of local government, legal representatives, trustees in
19bankruptcy or receivers.
20    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
21or medical or common conditions related to pregnancy or
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 or common conditions
11related to pregnancy or childbirth. Women affected by
12pregnancy, childbirth, or related medical or common conditions
13related to pregnancy or childbirth shall be treated the same
14for all employment-related purposes, including receipt of
15benefits under fringe benefit programs, as other persons not so
16affected but similar in their ability or inability to work,
17regardless of the source of the inability to work or employment
18classification or status.
19    (J) Pregnancy; reasonable accommodations.
20        (1) If after a job applicant or employee, including a
21    part-time, full-time, or probationary employee, requests a
22    reasonable accommodation, for an employer to not make
23    reasonable accommodations for any medical or common
24    condition of a job applicant or employee related to
25    pregnancy or childbirth, unless the employer can
26    demonstrate that the accommodation would impose an undue



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



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1    part-time, full-time, or probationary employee, if the
2    denial or adverse action is based on the need of the
3    employer to make reasonable accommodations to the known
4    medical or common conditions related to the pregnancy or
5    childbirth of the applicant or employee.
6        (3) For an employer to require a job applicant or
7    employee, including a part-time, full-time, or
8    probationary employee, affected by pregnancy, childbirth,
9    or medical or common conditions related to pregnancy or
10    childbirth to accept an accommodation when the applicant or
11    employee did not request an accommodation and the applicant
12    or employee chooses not to accept the employer's
13    accommodation.
14        (4) For an employer to require an employee, including a
15    part-time, full-time, or probationary employee, to take
16    leave under any leave law or policy of the employer if
17    another reasonable accommodation can be provided to the
18    known medical or common conditions related to the pregnancy
19    or childbirth of an employee. No employer shall fail or
20    refuse to reinstate the employee affected by pregnancy,
21    childbirth, or medical or common conditions related to
22    pregnancy or childbirth to her original job or to an
23    equivalent position with equivalent pay and accumulated
24    seniority, retirement, fringe benefits, and other
25    applicable service credits upon her signifying her intent
26    to return or when her need for reasonable accommodation



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1    ceases, unless the employer can demonstrate that the
2    accommodation would impose an undue hardship on the
3    ordinary operation of the business of the employer.
4    For the purposes of this subdivision (J), "reasonable
5accommodations" means reasonable modifications or adjustments
6to the job application process or work environment, or to the
7manner or circumstances under which the position desired or
8held is customarily performed, that enable an applicant or
9employee affected by pregnancy, childbirth, or medical or
10common conditions related to pregnancy or childbirth to be
11considered for the position the applicant desires or to perform
12the essential functions of that position, and may include, but
13is not limited to: more frequent or longer bathroom breaks,
14breaks for increased water intake, and breaks for periodic
15rest; private non-bathroom space for expressing breast milk and
16breastfeeding; seating; assistance with manual labor; light
17duty; temporary transfer to a less strenuous or hazardous
18position; the provision of an accessible worksite; acquisition
19or modification of equipment; job restructuring; a part-time or
20modified work schedule; appropriate adjustment or
21modifications of examinations, training materials, or
22policies; reassignment to a vacant position; time off to
23recover from conditions related to childbirth; and leave
24necessitated by pregnancy, childbirth, or medical or common
25conditions resulting from pregnancy or childbirth.
26    For the purposes of this subdivision (J), "undue hardship"



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1means an action that is prohibitively expensive or disruptive
2when considered in light of the following factors: (i) the
3nature and cost of the accommodation needed; (ii) the overall
4financial resources of the facility or facilities involved in
5the provision of the reasonable accommodation, the number of
6persons employed at the facility, the effect on expenses and
7resources, or the impact otherwise of the accommodation upon
8the operation of the facility; (iii) the overall financial
9resources of the employer, the overall size of the business of
10the employer with respect to the number of its employees, and
11the number, type, and location of its facilities; and (iv) the
12type of operation or operations of the employer, including the
13composition, structure, and functions of the workforce of the
14employer, the geographic separateness, administrative, or
15fiscal relationship of the facility or facilities in question
16to the employer. The employer has the burden of proving undue
17hardship. The fact that the employer provides or would be
18required to provide a similar accommodation to similarly
19situated employees creates a rebuttable presumption that the
20accommodation does not impose an undue hardship on the
22    No employer is required by this subdivision (J) to create
23additional employment that the employer would not otherwise
24have created, unless the employer does so or would do so for
25other classes of employees who need accommodation. The employer
26is not required to discharge any employee, transfer any



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1employee with more seniority, or promote any employee who is
2not qualified to perform the job, unless the employer does so
3or would do so to accommodate other classes of employees who
4need it.
5    (K) Notice.
6        (1) For an employer to fail to post or keep posted in a
7    conspicuous location on the premises of the employer where
8    notices to employees are customarily posted, or fail to
9    include in any employee handbook information concerning an
10    employee's rights under this Article, a notice, to be
11    prepared or approved by the Department, summarizing the
12    requirements of this Article and information pertaining to
13    the filing of a charge, including the right to be free from
14    unlawful discrimination and the right to certain
15    reasonable accommodations. The Department shall make the
16    documents required under this paragraph available for
17    retrieval from the Department's website.
18        (2) Upon notification of a violation of paragraph (1)
19    of this subdivision (K), the Department may launch a
20    preliminary investigation. If the Department finds a
21    violation, the Department may issue a notice to show cause
22    giving the employer 30 days to correct the violation. If
23    the violation is not corrected, the Department may initiate
24    a charge of a civil rights violation.
25(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)



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1    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
2    Sec. 6-101. Additional Civil Rights Violations. It is a
3civil rights violation for a person, or for two or more persons
4to conspire, to:
5        (A) Retaliation. Retaliate against a person because he
6    or she has opposed that which he or she reasonably and in
7    good faith believes to be unlawful discrimination, sexual
8    harassment in employment or sexual harassment in
9    elementary, secondary, and higher education,
10    discrimination based on citizenship status in employment,
11    or because he or she has made a charge, filed a complaint,
12    testified, assisted, or participated in an investigation,
13    proceeding, or hearing under this Act, or because he or she
14    has requested, attempted to request, used, or attempted to
15    use a reasonable accommodation as allowed by this Act;
16        (B) Aiding and Abetting; Coercion. Aid, abet, compel or
17    coerce a person to commit any violation of this Act;
18        (C) Interference. Wilfully interfere with the
19    performance of a duty or the exercise of a power by the
20    Commission or one of its members or representatives or the
21    Department or one of its officers or employees.
22    Definitions. For the purposes of this Section, "sexual
23harassment" and "citizenship status" shall have the same
24meaning as defined in Section 2-101 of this Act.
25(Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)



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1    Section 99. Effective date. This Act takes effect January
21, 2015.".