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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||||
5 | changing 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 | |||||||||||||||||||||
8 | of this State:
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9 | (A) Freedom from Unlawful Discrimination. To secure for all | |||||||||||||||||||||
10 | individuals
within Illinois the freedom from discrimination | |||||||||||||||||||||
11 | against any individual because
of his or her race, color, | |||||||||||||||||||||
12 | religion, sex, national origin, ancestry, age, order of | |||||||||||||||||||||
13 | protection status,
marital status, physical or mental | |||||||||||||||||||||
14 | disability, military
status, sexual orientation, pregnancy, or | |||||||||||||||||||||
15 | unfavorable
discharge from military service in connection with | |||||||||||||||||||||
16 | employment, real estate
transactions, access to financial | |||||||||||||||||||||
17 | credit, and the availability of public
accommodations.
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18 | (B) Freedom from Sexual Harassment-Employment and | |||||||||||||||||||||
19 | Elementary, Secondary, and Higher Education.
To prevent sexual | |||||||||||||||||||||
20 | harassment in employment and sexual harassment in
elementary, | |||||||||||||||||||||
21 | secondary, and higher education.
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22 | (C) Freedom from Discrimination Based on Citizenship | |||||||||||||||||||||
23 | Status-Employment.
To prevent discrimination based on |
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1 | citizenship status in employment.
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2 | (D) Freedom from Discrimination Based on Familial | ||||||
3 | Status- Employment and Real Estate
Transactions. To prevent | ||||||
4 | discrimination based on familial status in employment and in | ||||||
5 | real
estate transactions.
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6 | (E) Public Health, Welfare and Safety. To promote the | ||||||
7 | public health,
welfare and safety by protecting the interest of | ||||||
8 | all people in Illinois
in maintaining personal dignity, in | ||||||
9 | realizing their full productive
capacities, and in furthering | ||||||
10 | their interests, rights and privileges as
citizens of this | ||||||
11 | State.
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12 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
13 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
14 | of Article I
of the Illinois Constitution of 1970.
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15 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
16 | Equal
Opportunity and Affirmative Action as the policies of | ||||||
17 | this State in all
of its decisions, programs and activities, | ||||||
18 | and to assure that all State
departments, boards, commissions | ||||||
19 | and instrumentalities rigorously take
affirmative action to | ||||||
20 | provide equality of opportunity and eliminate the
effects of | ||||||
21 | past discrimination in the internal affairs of State
government | ||||||
22 | and in their relations with the public.
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23 | (H) Unfounded Charges. To protect citizens of this State | ||||||
24 | against
unfounded charges of unlawful discrimination, sexual | ||||||
25 | harassment in
employment and sexual harassment in elementary, | ||||||
26 | secondary, and higher education, and discrimination
based on |
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1 | citizenship status in employment.
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2 | (Source: P.A. 98-1050, eff. 1-1-15 .)
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3 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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4 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
5 | civil
rights violation:
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6 | (A) Employers. For any employer to refuse to hire, to | ||||||
7 | segregate, or
to act with respect to recruitment, hiring, | ||||||
8 | promotion, renewal of employment,
selection for training or | ||||||
9 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
10 | privileges or conditions of employment on the basis of unlawful
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11 | discrimination or citizenship status.
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12 | (A-5) Language. For an employer to impose a restriction | ||||||
13 | that has the
effect of prohibiting a language from being spoken | ||||||
14 | by an employee in
communications that are unrelated to the | ||||||
15 | employee's duties.
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16 | For the purposes of this subdivision (A-5), "language" | ||||||
17 | means a person's
native tongue, such as Polish, Spanish, or
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18 | Chinese.
"Language" does not include such things as slang, | ||||||
19 | jargon, profanity, or
vulgarity.
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20 | (B) Employment Agency. For any employment agency to fail or | ||||||
21 | refuse
to classify properly, accept applications and register | ||||||
22 | for employment
referral or apprenticeship referral, refer for | ||||||
23 | employment, or refer for
apprenticeship on the basis of | ||||||
24 | unlawful discrimination or citizenship
status or to accept from | ||||||
25 | any person any job order, requisition or request
for referral |
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1 | of applicants for employment or apprenticeship which makes or
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2 | has the effect of making unlawful discrimination or | ||||||
3 | discrimination on the
basis of citizenship status a condition | ||||||
4 | of referral.
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5 | (C) Labor Organization. For any labor organization to | ||||||
6 | limit,
segregate or classify its membership, or to limit | ||||||
7 | employment
opportunities, selection and training for | ||||||
8 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
9 | fail to take, any action which affects
adversely any person's | ||||||
10 | status as an employee or as an applicant for
employment or as | ||||||
11 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
12 | wages, tenure, hours of employment or apprenticeship | ||||||
13 | conditions on the
basis of unlawful discrimination or | ||||||
14 | citizenship status.
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15 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
16 | any employer,
employment agency or labor organization to engage | ||||||
17 | in sexual harassment;
provided, that an employer shall be | ||||||
18 | responsible for sexual harassment
of the employer's employees | ||||||
19 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
20 | only if the employer becomes aware of the conduct and fails to
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21 | take reasonable corrective measures.
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22 | (E) Public Employers. For any public employer to refuse to | ||||||
23 | permit a
public employee under its jurisdiction who takes time | ||||||
24 | off from work in
order to practice his or her religious beliefs | ||||||
25 | to engage in work, during hours
other than such employee's | ||||||
26 | regular working hours, consistent with the
operational needs of |
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1 | the employer and in order to compensate for work time
lost for | ||||||
2 | such religious reasons. Any employee who elects such deferred
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3 | work shall be compensated at the wage rate which he or she | ||||||
4 | would have
earned during the originally scheduled work period. | ||||||
5 | The employer may
require that an employee who plans to take | ||||||
6 | time off from work in order to
practice his or her religious | ||||||
7 | beliefs provide the employer with a notice of
his or her | ||||||
8 | intention to be absent from work not exceeding 5 days prior to
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9 | the date of absence.
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10 | (F) Training and Apprenticeship Programs. For any | ||||||
11 | employer,
employment agency or labor organization to | ||||||
12 | discriminate against a person on
the basis of age in the | ||||||
13 | selection, referral for or conduct of apprenticeship
or | ||||||
14 | training programs.
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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
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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).
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6 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
7 | segregate, or to act with respect to recruitment, hiring, | ||||||
8 | promotion, renewal of employment, selection for training or | ||||||
9 | apprenticeship, discharge, discipline, tenure or terms, | ||||||
10 | privileges or conditions of employment on the basis of | ||||||
11 | pregnancy, childbirth, or medical or common conditions related | ||||||
12 | to pregnancy or childbirth. Women affected by pregnancy, | ||||||
13 | childbirth, or medical or common conditions related to | ||||||
14 | pregnancy or childbirth shall be treated the same for all | ||||||
15 | employment-related purposes, including receipt of benefits | ||||||
16 | under fringe benefit programs, as other persons not so affected | ||||||
17 | but similar in their ability or inability to work, regardless | ||||||
18 | of the source of the inability to work or employment | ||||||
19 | classification 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 | ||||||
6 | accommodations" means reasonable modifications or adjustments | ||||||
7 | to the job application process or work environment, or to the | ||||||
8 | manner or circumstances under which the position desired or | ||||||
9 | held is customarily performed, that enable an applicant or | ||||||
10 | employee affected by pregnancy, childbirth, or medical or | ||||||
11 | common conditions related to pregnancy or childbirth to be | ||||||
12 | considered for the position the applicant desires or to perform | ||||||
13 | the essential functions of that position, and may include, but | ||||||
14 | is not limited to: more frequent or longer bathroom breaks, | ||||||
15 | breaks for increased water intake, and breaks for periodic | ||||||
16 | rest; private non-bathroom space for expressing breast milk and | ||||||
17 | breastfeeding; seating; assistance with manual labor; light | ||||||
18 | duty; temporary transfer to a less strenuous or hazardous | ||||||
19 | position; the provision of an accessible worksite; acquisition | ||||||
20 | or modification of equipment; job restructuring; a part-time or | ||||||
21 | modified work schedule; appropriate adjustment or | ||||||
22 | modifications of examinations, training materials, or | ||||||
23 | policies; reassignment to a vacant position; time off to | ||||||
24 | recover from conditions related to childbirth; and leave | ||||||
25 | necessitated by pregnancy, childbirth, or medical or common | ||||||
26 | conditions resulting from pregnancy or childbirth. |
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1 | For the purposes of this subdivision (J), "undue hardship" | ||||||
2 | means an action that is prohibitively expensive or disruptive | ||||||
3 | when considered in light of the following factors: (i) the | ||||||
4 | nature and cost of the accommodation needed; (ii) the overall | ||||||
5 | financial resources of the facility or facilities involved in | ||||||
6 | the provision of the reasonable accommodation, the number of | ||||||
7 | persons employed at the facility, the effect on expenses and | ||||||
8 | resources, or the impact otherwise of the accommodation upon | ||||||
9 | the operation of the facility; (iii) the overall financial | ||||||
10 | resources of the employer, the overall size of the business of | ||||||
11 | the employer with respect to the number of its employees, and | ||||||
12 | the number, type, and location of its facilities; and (iv) the | ||||||
13 | type of operation or operations of the employer, including the | ||||||
14 | composition, structure, and functions of the workforce of the | ||||||
15 | employer, the geographic separateness, administrative, or | ||||||
16 | fiscal relationship of the facility or facilities in question | ||||||
17 | to the employer. The employer has the burden of proving undue | ||||||
18 | hardship. The fact that the employer provides or would be | ||||||
19 | required to provide a similar accommodation to similarly | ||||||
20 | situated employees creates a rebuttable presumption that the | ||||||
21 | accommodation does not impose an undue hardship on the | ||||||
22 | employer. | ||||||
23 | No employer is required by this subdivision (J) to create | ||||||
24 | additional employment that the employer would not otherwise | ||||||
25 | have created, unless the employer does so or would do so for | ||||||
26 | other classes of employees who need accommodation. The employer |
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1 | is not required to discharge any employee, transfer any | ||||||
2 | employee with more seniority, or promote any employee who is | ||||||
3 | not qualified to perform the job, unless the employer does so | ||||||
4 | or would do so to accommodate other classes of employees who | ||||||
5 | need 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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1 | labor organization to discriminate against any person on the | ||||||
2 | basis of the person's familial status. As used in this | ||||||
3 | subsection (L), "familial status" has the meaning provided in | ||||||
4 | subsection (E) of Section 3-101 of this Act. | ||||||
5 | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13; | ||||||
6 | 98-1050, eff. 1-1-15 .)
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