Illinois General Assembly - Full Text of SB2003
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Full Text of SB2003  98th General Assembly


Rep. Ron Sandack

Filed: 5/8/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2003 on page 1 by
3replacing line 4 with the following:
4    "Section 5. The Victims' Economic Security and Safety Act
5is amended by changing Section 30 as follows:
6    (820 ILCS 180/30)
7    Sec. 30. Victims' employment sustainability; prohibited
8discriminatory acts.
9    (a) An employer shall not fail to hire, refuse to hire,
10discharge, constructively discharge, or harass any individual,
11otherwise discriminate against any individual with respect to
12the compensation, terms, conditions, or privileges of
13employment of the individual, or retaliate against an
14individual in any form or manner, and a public agency shall not
15deny, reduce, or terminate the benefits of, otherwise sanction,
16or harass any individual, otherwise discriminate against any



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1individual with respect to the amount, terms, or conditions of
2public assistance of the individual, or retaliate against an
3individual in any form or manner, because:
4        (1) the individual involved:
5            (A) is or is perceived to be a victim of domestic
6        or sexual violence;
7            (B) attended, participated in, prepared for, or
8        requested leave to attend, participate in, or prepare
9        for a criminal or civil court proceeding relating to an
10        incident of domestic or sexual violence of which the
11        individual or a family or household member of the
12        individual was a victim, or requested or took leave for
13        any other reason provided under Section 20; or
14            (C) requested an adjustment to a job structure,
15        workplace facility, or work requirement, including a
16        transfer, reassignment, or modified schedule, leave, a
17        changed telephone number or seating assignment,
18        installation of a lock, or implementation of a safety
19        procedure in response to actual or threatened domestic
20        or sexual violence, regardless of whether the request
21        was granted; or
22            (D) is an employee whose employer is subject to
23        Section 21 of the Workplace Violence Prevention Act; or
24        (2) the workplace is disrupted or threatened by the
25    action of a person whom the individual states has committed
26    or threatened to commit domestic or sexual violence against



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1    the individual or the individual's family or household
2    member.
3    (b) In this Section:
4        (1) "Discriminate", used with respect to the terms,
5    conditions, or privileges of employment or with respect to
6    the terms or conditions of public assistance, includes not
7    making a reasonable accommodation to the known limitations
8    resulting from circumstances relating to being a victim of
9    domestic or sexual violence or a family or household member
10    being a victim of domestic or sexual violence of an
11    otherwise qualified individual:
12            (A) who is:
13                (i) an applicant or employee of the employer
14            (including a public agency); or
15                (ii) an applicant for or recipient of public
16            assistance from a public agency; and
17            (B) who is:
18                (i) a victim of domestic or sexual violence; or
19                (ii) with a family or household member who is a
20            victim of domestic or sexual violence whose
21            interests are not adverse to the individual in
22            subparagraph (A) as it relates to the domestic or
23            sexual violence;
24    unless the employer or public agency can demonstrate that
25    the accommodation would impose an undue hardship on the
26    operation of the employer or public agency.



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1        A reasonable accommodation must be made in a timely
2    fashion. Any exigent circumstances or danger facing the
3    employee or his or her family or household member shall be
4    considered in determining whether the accommodation is
5    reasonable.
6        (2) "Qualified individual" means:
7            (A) in the case of an applicant or employee
8        described in paragraph (1)(A)(i), an individual who,
9        but for being a victim of domestic or sexual violence
10        or with a family or household member who is a victim of
11        domestic or sexual violence, can perform the essential
12        functions of the employment position that such
13        individual holds or desires; or
14            (B) in the case of an applicant or recipient
15        described in paragraph (1)(A)(ii), an individual who,
16        but for being a victim of domestic or sexual violence
17        or with a family or household member who is a victim of
18        domestic or sexual violence, can satisfy the essential
19        requirements of the program providing the public
20        assistance that the individual receives or desires.
21        (3) "Reasonable accommodation" may include an
22    adjustment to a job structure, workplace facility, or work
23    requirement, including a transfer, reassignment, or
24    modified schedule, leave, a changed telephone number or
25    seating assignment, installation of a lock, or
26    implementation of a safety procedure, or assistance in



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1    documenting domestic or sexual violence that occurs at the
2    workplace or in work-related settings, in response to
3    actual or threatened domestic or sexual violence.
4        (4) Undue hardship.
5            (A) In general. "Undue hardship" means an action
6        requiring significant difficulty or expense, when
7        considered in light of the factors set forth in
8        subparagraph (B).
9            (B) Factors to be considered. In determining
10        whether a reasonable accommodation would impose an
11        undue hardship on the operation of an employer or
12        public agency, factors to be considered include:
13                (i) the nature and cost of the reasonable
14            accommodation needed under this Section;
15                (ii) the overall financial resources of the
16            facility involved in the provision of the
17            reasonable accommodation, the number of persons
18            employed at such facility, the effect on expenses
19            and resources, or the impact otherwise of such
20            accommodation on the operation of the facility;
21                (iii) the overall financial resources of the
22            employer or public agency, the overall size of the
23            business of an employer or public agency with
24            respect to the number of employees of the employer
25            or public agency, and the number, type, and
26            location of the facilities of an employer or public



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1            agency; and
2                (iv) the type of operation of the employer or
3            public agency, including the composition,
4            structure, and functions of the workforce of the
5            employer or public agency, the geographic
6            separateness of the facility from the employer or
7            public agency, and the administrative or fiscal
8            relationship of the facility to the employer or
9            public agency.
10    (c) An employer subject to Section 21 of the Workplace
11Violence Protection Act shall not violate any provisions of the
12Workplace Violence Prevention Act.
13(Source: P.A. 96-635, eff. 8-24-09.)
14    Section 10. The Workplace Violence Prevention Act is
15amended"; and
16on page 2, line 4, by changing "5" to "15 5 "; and
17on page 4, line 19, by replacing "1986" with "1986 or is an
18employee who is a victim of unlawful violence as proscribed in
19Article 11 or Sections 12-7.3, 12-7.4, and 12-7.5 of the
20Criminal Code of 2012"; and
21on page 17 by deleting line 23; and



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1on page 18 by deleting lines 1 through 6; and
2on page 18, line 7, by changing "(c)" to "(b)".