Illinois General Assembly - Full Text of HB4605
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Full Text of HB4605  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Michael P. McAuliffe


775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, employment agency, or labor organization to discriminate against any person on the basis of the person's familial status. Provides that "familial status" has the same meaning as in the Article of the Act concerning real estate transactions. Makes a corresponding change in a Section containing a declaration of policy.

LRB099 18766 HEP 43150 b





HB4605LRB099 18766 HEP 43150 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 Sections 1-102 and 2-102 as follows:
6    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7    Sec. 1-102. Declaration of Policy. It is the public policy
8of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for all
10individuals within Illinois the freedom from discrimination
11against any individual because of his or her race, color,
12religion, sex, national origin, ancestry, age, order of
13protection status, marital status, physical or mental
14disability, military status, sexual orientation, pregnancy, or
15unfavorable discharge from military service in connection with
16employment, real estate transactions, access to financial
17credit, and the availability of public accommodations.
18    (B) Freedom from Sexual Harassment-Employment and
19Elementary, Secondary, and Higher Education. To prevent sexual
20harassment in employment and sexual harassment in elementary,
21secondary, and higher education.
22    (C) Freedom from Discrimination Based on Citizenship
23Status-Employment. To prevent discrimination based on



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1citizenship status in employment.
2    (D) Freedom from Discrimination Based on Familial
3Status-Employment and Real Estate Transactions. To prevent
4discrimination based on familial status in employment and in
5real estate transactions.
6    (E) Public Health, Welfare and Safety. To promote the
7public health, welfare and safety by protecting the interest of
8all people in Illinois in maintaining personal dignity, in
9realizing their full productive capacities, and in furthering
10their interests, rights and privileges as citizens of this
12    (F) Implementation of Constitutional Guarantees. To secure
13and guarantee the rights established by Sections 17, 18 and 19
14of Article I of the Illinois Constitution of 1970.
15    (G) Equal Opportunity, Affirmative Action. To establish
16Equal Opportunity and Affirmative Action as the policies of
17this State in all of its decisions, programs and activities,
18and to assure that all State departments, boards, commissions
19and instrumentalities rigorously take affirmative action to
20provide equality of opportunity and eliminate the effects of
21past discrimination in the internal affairs of State government
22and in their relations with the public.
23    (H) Unfounded Charges. To protect citizens of this State
24against unfounded charges of unlawful discrimination, sexual
25harassment in employment and sexual harassment in elementary,
26secondary, and higher education, and discrimination based on



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1citizenship status in employment.
2(Source: P.A. 98-1050, eff. 1-1-15.)
3    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
4    Sec. 2-102. Civil Rights Violations - Employment. It is a
5civil rights violation:
6    (A) Employers. For any employer to refuse to hire, to
7segregate, or to act with respect to recruitment, hiring,
8promotion, renewal of employment, selection for training or
9apprenticeship, discharge, discipline, tenure or terms,
10privileges or conditions of employment on the basis of unlawful
11discrimination or citizenship status.
12    (A-5) Language. For an employer to impose a restriction
13that has the effect of prohibiting a language from being spoken
14by an employee in communications that are unrelated to the
15employee's duties.
16    For the purposes of this subdivision (A-5), "language"
17means a person's native tongue, such as Polish, Spanish, or
18Chinese. "Language" does not include such things as slang,
19jargon, profanity, or vulgarity.
20    (B) Employment Agency. For any employment agency to fail or
21refuse to classify properly, accept applications and register
22for employment referral or apprenticeship referral, refer for
23employment, or refer for apprenticeship on the basis of
24unlawful discrimination or citizenship status or to accept from
25any person any job order, requisition or request for referral



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1of applicants for employment or apprenticeship which makes or
2has the effect of making unlawful discrimination or
3discrimination on the basis of citizenship status a condition
4of referral.
5    (C) Labor Organization. For any labor organization to
6limit, segregate or classify its membership, or to limit
7employment opportunities, selection and training for
8apprenticeship in any trade or craft, or otherwise to take, or
9fail to take, any action which affects adversely any person's
10status as an employee or as an applicant for employment or as
11an apprentice, or as an applicant for apprenticeships, or
12wages, tenure, hours of employment or apprenticeship
13conditions on the basis of unlawful discrimination or
14citizenship status.
15    (D) Sexual Harassment. For any employer, employee, agent of
16any employer, employment agency or labor organization to engage
17in sexual harassment; provided, that an employer shall be
18responsible for sexual harassment of the employer's employees
19by nonemployees or nonmanagerial and nonsupervisory employees
20only if the employer becomes aware of the conduct and fails to
21take reasonable corrective measures.
22    (E) Public Employers. For any public employer to refuse to
23permit a public employee under its jurisdiction who takes time
24off from work in order to practice his or her religious beliefs
25to engage in work, during hours other than such employee's
26regular working hours, consistent with the operational needs of



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1the employer and in order to compensate for work time lost for
2such religious reasons. Any employee who elects such deferred
3work shall be compensated at the wage rate which he or she
4would have earned during the originally scheduled work period.
5The employer may require that an employee who plans to take
6time off from work in order to practice his or her religious
7beliefs provide the employer with a notice of his or her
8intention to be absent from work not exceeding 5 days prior to
9the date of absence.
10    (F) Training and Apprenticeship Programs. For any
11employer, employment agency or labor organization to
12discriminate against a person on the basis of age in the
13selection, referral for or conduct of apprenticeship or
14training programs.
15    (G) Immigration-Related Practices.
16        (1) for an employer to request for purposes of
17    satisfying the requirements of Section 1324a(b) of Title 8
18    of the United States Code, as now or hereafter amended,
19    more or different documents than are required under such
20    Section or to refuse to honor documents tendered that on
21    their face reasonably appear to be genuine; or
22        (2) for an employer participating in the E-Verify
23    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
24    Programs for Employment Eligibility Confirmation (enacted
25    by PL 104-208, div. C title IV, subtitle A) to refuse to
26    hire, to segregate, or to act with respect to recruitment,



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1    hiring, promotion, renewal of employment, selection for
2    training or apprenticeship, discharge, discipline, tenure
3    or terms, privileges or conditions of employment without
4    following the procedures under the E-Verify Program.
5    (H) (Blank).
6    (I) Pregnancy. For an employer to refuse to hire, to
7segregate, or to act with respect to recruitment, hiring,
8promotion, renewal of employment, selection for training or
9apprenticeship, discharge, discipline, tenure or terms,
10privileges or conditions of employment on the basis of
11pregnancy, childbirth, or medical or common conditions related
12to pregnancy or childbirth. Women affected by pregnancy,
13childbirth, or medical or common conditions related to
14pregnancy or childbirth shall be treated the same for all
15employment-related purposes, including receipt of benefits
16under fringe benefit programs, as other persons not so affected
17but similar in their ability or inability to work, regardless
18of the source of the inability to work or employment
19classification or status.
20    (J) Pregnancy; reasonable accommodations.
21        (1) If after a job applicant or employee, including a
22    part-time, full-time, or probationary employee, requests a
23    reasonable accommodation, for an employer to not make
24    reasonable accommodations for any medical or common
25    condition of a job applicant or employee related to
26    pregnancy or childbirth, unless the employer can



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



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



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



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1    For the purposes of this subdivision (J), "undue hardship"
2means an action that is prohibitively expensive or disruptive
3when considered in light of the following factors: (i) the
4nature and cost of the accommodation needed; (ii) the overall
5financial resources of the facility or facilities involved in
6the provision of the reasonable accommodation, the number of
7persons employed at the facility, the effect on expenses and
8resources, or the impact otherwise of the accommodation upon
9the operation of the facility; (iii) the overall financial
10resources of the employer, the overall size of the business of
11the employer with respect to the number of its employees, and
12the number, type, and location of its facilities; and (iv) the
13type of operation or operations of the employer, including the
14composition, structure, and functions of the workforce of the
15employer, the geographic separateness, administrative, or
16fiscal relationship of the facility or facilities in question
17to the employer. The employer has the burden of proving undue
18hardship. The fact that the employer provides or would be
19required to provide a similar accommodation to similarly
20situated employees creates a rebuttable presumption that the
21accommodation does not impose an undue hardship on the
23    No employer is required by this subdivision (J) to create
24additional employment that the employer would not otherwise
25have created, unless the employer does so or would do so for
26other classes of employees who need accommodation. The employer



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



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1labor organization to discriminate against any person on the
2basis of the person's familial status. As used in this
3subsection (L), "familial status" has the meaning provided in
4subsection (E) of Section 3-101 of this Act.
5(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13;
698-1050, eff. 1-1-15.)