Illinois General Assembly - Full Text of HB4157
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Full Text of HB4157  98th General Assembly


Rep. Maria Antonia Berrios

Filed: 3/27/2014





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2    AMENDMENT NO. ______. Amend House Bill 4157 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-101 as follows:
6    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of this
16    Act, "employee" also includes an unpaid intern.



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1        (2) "Employee" does not include:
2            (a) Domestic servants in private homes;
3            (b) Individuals employed by persons who are not
4        "employers" as defined by this Act;
5            (c) Elected public officials or the members of
6        their immediate personal staffs;
7            (d) Principal administrative officers of the State
8        or of any political subdivision, municipal corporation
9        or other governmental unit or agency;
10            (e) A person in a vocational rehabilitation
11        facility certified under federal law who has been
12        designated an evaluee, trainee, or work activity
13        client.
14    (B) Employer.
15        (1) "Employer" includes:
16            (a) Any person employing 15 or more employees
17        within Illinois during 20 or more calendar weeks within
18        the calendar year of or preceding the alleged
19        violation;
20            (b) Any person employing one or more employees when
21        a complainant alleges civil rights violation due to
22        unlawful discrimination based upon his or her physical
23        or mental disability unrelated to ability or sexual
24        harassment;
25            (c) The State and any political subdivision,
26        municipal corporation or other governmental unit or



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1        agency, without regard to the number of employees;
2            (d) Any party to a public contract without regard
3        to the number of employees;
4            (e) A joint apprenticeship or training committee
5        without regard to the number of employees.
6        (2) "Employer" does not include any religious
7    corporation, association, educational institution,
8    society, or non-profit nursing institution conducted by
9    and for those who rely upon treatment by prayer through
10    spiritual means in accordance with the tenets of a
11    recognized church or religious denomination with respect
12    to the employment of individuals of a particular religion
13    to perform work connected with the carrying on by such
14    corporation, association, educational institution, society
15    or non-profit nursing institution of its activities.
16    (C) Employment Agency. "Employment Agency" includes both
17public and private employment agencies and any person, labor
18organization, or labor union having a hiring hall or hiring
19office regularly undertaking, with or without compensation, to
20procure opportunities to work, or to procure, recruit, refer or
21place employees.
22    (D) Labor Organization. "Labor Organization" includes any
23organization, labor union, craft union, or any voluntary
24unincorporated association designed to further the cause of the
25rights of union labor which is constituted for the purpose, in
26whole or in part, of collective bargaining or of dealing with



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1employers concerning grievances, terms or conditions of
2employment, or apprenticeships or applications for
3apprenticeships, or of other mutual aid or protection in
4connection with employment, including apprenticeships or
5applications for apprenticeships.
6    (E) Sexual Harassment. "Sexual harassment" means any
7unwelcome sexual advances or requests for sexual favors or any
8conduct of a sexual nature when (1) submission to such conduct
9is made either explicitly or implicitly a term or condition of
10an individual's employment, (2) submission to or rejection of
11such conduct by an individual is used as the basis for
12employment decisions affecting such individual, or (3) such
13conduct has the purpose or effect of substantially interfering
14with an individual's work performance or creating an
15intimidating, hostile or offensive working environment.
16    (F) Religion. "Religion" with respect to employers
17includes all aspects of religious observance and practice, as
18well as belief, unless an employer demonstrates that he is
19unable to reasonably accommodate an employee's or prospective
20employee's religious observance or practice without undue
21hardship on the conduct of the employer's business.
22    (G) Public Employer. "Public employer" means the State, an
23agency or department thereof, unit of local government, school
24district, instrumentality or political subdivision.
25    (H) Public Employee. "Public employee" means an employee of
26the State, agency or department thereof, unit of local



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1government, school district, instrumentality or political
2subdivision. "Public employee" does not include public
3officers or employees of the General Assembly or agencies
5    (I) Public Officer. "Public officer" means a person who is
6elected to office pursuant to the Constitution or a statute or
7ordinance, or who is appointed to an office which is
8established, and the qualifications and duties of which are
9prescribed, by the Constitution or a statute or ordinance, to
10discharge a public duty for the State, agency or department
11thereof, unit of local government, school district,
12instrumentality or political subdivision.
13    (J) Eligible Bidder. "Eligible bidder" means a person who,
14prior to a bid opening, has filed with the Department a
15properly completed, sworn and currently valid employer report
16form, pursuant to the Department's regulations. The provisions
17of this Article relating to eligible bidders apply only to bids
18on contracts with the State and its departments, agencies,
19boards, and commissions, and the provisions do not apply to
20bids on contracts with units of local government or school
22    (K) Citizenship Status. "Citizenship status" means the
23status of being:
24        (1) a born U.S. citizen;
25        (2) a naturalized U.S. citizen;
26        (3) a U.S. national; or



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1        (4) a person born outside the United States and not a
2    U.S. citizen who is not an unauthorized alien and who is
3    protected from discrimination under the provisions of
4    Section 1324b of Title 8 of the United States Code, as now
5    or hereafter amended.
6(Source: P.A. 97-877, eff. 8-2-12.)".