State of Illinois
2013 and 2014


Introduced 2/6/2013, by Rep. Elizabeth Hernandez


775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Amends the Illinois Human Rights Act. Changes references to "the Basic Pilot Program" to "the E-Verify Program" in order to conform to changes made by federal Public Law 111-83, Title V, Sec. 551. Effective immediately.

LRB098 04193 HEP 34216 b





HB1370LRB098 04193 HEP 34216 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing 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
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken
17by an employee in communications that are unrelated to the
18employee's duties.
19    For the purposes of this subdivision (A-5), "language"
20means a person's native tongue, such as Polish, Spanish, or
21Chinese. "Language" does not include such things as slang,
22jargon, profanity, or vulgarity.
23    (B) Employment Agency. For any employment agency to fail or



HB1370- 2 -LRB098 04193 HEP 34216 b

1refuse to classify properly, accept applications and register
2for employment referral or apprenticeship referral, refer for
3employment, or refer for apprenticeship on the basis of
4unlawful discrimination or citizenship status or to accept from
5any person any job order, requisition or request for referral
6of applicants for employment or apprenticeship which makes or
7has the effect of making unlawful discrimination or
8discrimination on the basis of citizenship status a condition
9of referral.
10    (C) Labor Organization. For any labor organization to
11limit, segregate or classify its membership, or to limit
12employment opportunities, selection and training for
13apprenticeship in any trade or craft, or otherwise to take, or
14fail to take, any action which affects adversely any person's
15status as an employee or as an applicant for employment or as
16an apprentice, or as an applicant for apprenticeships, or
17wages, tenure, hours of employment or apprenticeship
18conditions on the basis of unlawful discrimination or
19citizenship status.
20    (D) Sexual Harassment. For any employer, employee, agent of
21any employer, employment agency or labor organization to engage
22in sexual harassment; provided, that an employer shall be
23responsible for sexual harassment of the employer's employees
24by nonemployees or nonmanagerial and nonsupervisory employees
25only if the employer becomes aware of the conduct and fails to
26take reasonable corrective measures.



HB1370- 3 -LRB098 04193 HEP 34216 b

1    (E) Public Employers. For any public employer to refuse to
2permit a public employee under its jurisdiction who takes time
3off from work in order to practice his or her religious beliefs
4to engage in work, during hours other than such employee's
5regular working hours, consistent with the operational needs of
6the employer and in order to compensate for work time lost for
7such religious reasons. Any employee who elects such deferred
8work shall be compensated at the wage rate which he or she
9would have earned during the originally scheduled work period.
10The employer may require that an employee who plans to take
11time off from work in order to practice his or her religious
12beliefs provide the employer with a notice of his or her
13intention to be absent from work not exceeding 5 days prior to
14the date of absence.
15    (F) Training and Apprenticeship Programs. For any
16employer, employment agency or labor organization to
17discriminate against a person on the basis of age in the
18selection, referral for or conduct of apprenticeship or
19training programs.
20    (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



HB1370- 4 -LRB098 04193 HEP 34216 b

1        (2) for an employer participating in the E-Verify Basic
2    Pilot Program, as authorized by 8 U.S.C. 1324a, Notes,
3    Pilot Programs for Employment Eligibility Confirmation
4    (enacted by PL 104-208, div. C title IV, subtitle A) to
5    refuse to hire, to segregate, or to act with respect to
6    recruitment, hiring, promotion, renewal of employment,
7    selection for training or apprenticeship, discharge,
8    discipline, tenure or terms, privileges or conditions of
9    employment without following the procedures under the
10    E-Verify Basic Pilot Program.
11    (H) Pregnancy; peace officers and fire fighters. For a
12public employer to refuse to temporarily transfer a pregnant
13female peace officer or pregnant female fire fighter to a less
14strenuous or hazardous position for the duration of her
15pregnancy if she so requests, with the advice of her physician,
16where that transfer can be reasonably accommodated. For the
17purposes of this subdivision (H), "peace officer" and "fire
18fighter" have the meanings ascribed to those terms in Section 3
19of the Illinois Public Labor Relations Act.
20    It is not a civil rights violation for an employer to take
21any action that is required by Section 1324a of Title 8 of the
22United States Code, as now or hereafter amended.
23    (I) Pregnancy. For an employer to refuse to hire, to
24segregate, or to act with respect to recruitment, hiring,
25promotion, renewal of employment, selection for training or
26apprenticeship, discharge, discipline, tenure or terms,



HB1370- 5 -LRB098 04193 HEP 34216 b

1privileges or conditions of employment on the basis of
2pregnancy, childbirth, or related medical conditions. Women
3affected by pregnancy, childbirth, or related medical
4conditions shall be treated the same for all employment-related
5purposes, including receipt of benefits under fringe benefit
6programs, as other persons not so affected but similar in their
7ability or inability to work.
8(Source: P.A. 97-596, eff. 8-26-11.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.