Full Text of HB0647 100th General Assembly
HB0647ham002 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 647
| 2 | | AMENDMENT NO. ______. Amend House Bill 647 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Victims' Economic Security and Safety Act | 5 | | is amended by changing Section 30 as follows:
| 6 | | (820 ILCS 180/30)
| 7 | | Sec. 30. Victims' employment sustainability; prohibited
| 8 | | discriminatory acts. | 9 | | (a) An employer shall not fail to hire, refuse to hire,
| 10 | | discharge, constructively discharge, or harass any individual, | 11 | | otherwise discriminate against any
individual with respect to | 12 | | the compensation, terms, conditions, or
privileges of | 13 | | employment of the individual, or retaliate against an
| 14 | | individual in any form or manner, and a public agency shall not | 15 | | deny,
reduce, or terminate the benefits of, otherwise sanction, | 16 | | or harass any
individual, otherwise discriminate against any |
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| 1 | | individual with respect
to the amount, terms, or conditions of | 2 | | public assistance of the
individual, or retaliate against an | 3 | | individual 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;
| 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 | | (a-5) An employer shall not refuse to make reasonable | 4 | | accommodations in the workplace for an employee protected under | 5 | | an order of protection that requires a person to stay away from | 6 | | an employee's workplace or otherwise relates to or affects or | 7 | | extends to the employee's workplace, including: | 8 | | (1) changing the contact information, such as | 9 | | telephone number, fax number, or electronic-mail address | 10 | | of the employee; | 11 | | (2) screening the telephone calls of the employee; | 12 | | (3) restructuring the job functions of the employee; | 13 | | (4) changing the work location of the employee; | 14 | | (5) installing locks and other security devices; | 15 | | (6) allowing the employee to work flexible hours; and | 16 | | (7) contacting law enforcement authorities in the | 17 | | event of a violation of an order of protection at the | 18 | | workplace. | 19 | | The employee and employer shall engage in a timely, good | 20 | | faith, and meaningful exchange within 15 days after the | 21 | | employer is notified of the existence of the order of | 22 | | protection to determine effective reasonable accommodations. | 23 | | An employer is not required to make the reasonable | 24 | | accommodations if they are not requested by the protected | 25 | | employee or if they cause undue hardship on the work operations | 26 | | of the employer. The employer shall maintain records of all |
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| 1 | | actions taken in accordance with this subsection. | 2 | | As used in this subsection (a-5) only, "undue hardship" | 3 | | means accommodations that: (i) conflict with the employer's | 4 | | attendance policy or residency requirement; or (ii) cause a | 5 | | significant difficulty or expense on the operation of an | 6 | | employer, when considered in light of the following factors: | 7 | | (A) the nature and cost of the reasonable accommodation | 8 | | needed; | 9 | | (B) the overall financial resources, number of | 10 | | employees, and the number, type, and placement of the work | 11 | | locations of an employer; and | 12 | | (C) the type of operation of the employer, including | 13 | | the composition, structure, and functions of the workforce | 14 | | of the employer, the geographic separateness of the | 15 | | employee's work location from the employer, and the | 16 | | administrative or fiscal relationship of the work location | 17 | | to the employer. | 18 | | Prior to making the reasonable accommodations under this | 19 | | subsection, an employer may verify that an employee is | 20 | | protected by an order of protection entered under Article 112A | 21 | | of the Code of Criminal Procedure of 1963 or the Illinois | 22 | | Domestic Violence Act of 1986. An employee for whom reasonable | 23 | | accommodations are made under this subsection shall notify the | 24 | | employer when the order of protection expires. | 25 | | (b) In this Section:
| 26 | | (1) "Discriminate", used with respect to the terms, |
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| 1 | | conditions,
or privileges of employment or with respect to | 2 | | the terms or
conditions of public assistance, includes not | 3 | | making a reasonable
accommodation to the known limitations | 4 | | resulting from
circumstances relating to being a victim of | 5 | | domestic or sexual
violence or a family or household member | 6 | | being a victim of
domestic or sexual violence of an | 7 | | otherwise qualified individual:
| 8 | | (A) who is:
| 9 | | (i) an applicant or employee of the employer | 10 | | (including a
public agency); or
| 11 | | (ii) an applicant for or recipient of public | 12 | | assistance
from a public agency; and
| 13 | | (B) who is:
| 14 | | (i) a victim of domestic or sexual violence; or
| 15 | | (ii) with a family or household member who is a | 16 | | victim of
domestic or sexual violence whose | 17 | | interests are not adverse to
the individual in | 18 | | subparagraph (A) as it relates to the domestic
or | 19 | | sexual violence;
| 20 | | unless the employer or public agency can demonstrate that | 21 | | the
accommodation would impose an undue hardship on the | 22 | | operation of
the employer or public agency.
| 23 | | A reasonable accommodation must be made in a timely | 24 | | fashion. Any exigent circumstances or danger facing the | 25 | | employee or his or her family or household member shall be | 26 | | considered in determining whether the accommodation is |
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| 1 | | reasonable. | 2 | | (2) "Qualified individual" means:
| 3 | | (A) in the case of an applicant or employee | 4 | | described in
paragraph (1)(A)(i), an individual who, | 5 | | but for being a
victim of domestic or sexual violence | 6 | | or with a family or
household member who is a victim of | 7 | | domestic or sexual
violence, can perform the essential | 8 | | functions of the
employment position that such | 9 | | individual holds or desires;
or
| 10 | | (B) in the case of an applicant or recipient | 11 | | described in
paragraph (1)(A)(ii), an individual who, | 12 | | but for being a
victim of domestic or sexual violence | 13 | | or with a family or
household member who is a victim of | 14 | | domestic or sexual
violence, can satisfy the essential | 15 | | requirements of the
program providing the public | 16 | | assistance that the individual
receives or desires.
| 17 | | (3) "Reasonable accommodation" may include an | 18 | | adjustment to a job
structure, workplace facility, or work | 19 | | requirement, including a
transfer, reassignment, or | 20 | | modified schedule, leave, a changed
telephone number or | 21 | | seating assignment, installation of a lock,
or | 22 | | implementation of a safety procedure, or assistance in | 23 | | documenting domestic or sexual violence that occurs at the | 24 | | workplace or in work-related settings, in response to | 25 | | actual or
threatened domestic or sexual violence.
| 26 | | (4) Undue hardship.
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| 1 | | (A) In general. "Undue hardship" means an action | 2 | | requiring
significant difficulty or expense, when | 3 | | considered in light
of the factors set forth in | 4 | | subparagraph (B).
| 5 | | (B) Factors to be considered. In determining | 6 | | whether a
reasonable accommodation would impose an | 7 | | undue hardship on
the operation of an employer or | 8 | | public agency, factors to
be considered include:
| 9 | | (i) the nature and cost of the reasonable
| 10 | | accommodation needed under this Section;
| 11 | | (ii) the overall financial resources of the | 12 | | facility
involved in the provision of the | 13 | | reasonable
accommodation, the number of persons | 14 | | employed at such
facility, the effect on expenses | 15 | | and resources, or
the impact otherwise of such | 16 | | accommodation on the
operation of the facility;
| 17 | | (iii) the overall financial resources of the | 18 | | employer
or public agency, the overall size of the | 19 | | business of
an employer or public agency with | 20 | | respect to the
number of employees of the employer | 21 | | or public agency,
and the number, type, and | 22 | | location of the facilities
of an employer or public | 23 | | agency; and
| 24 | | (iv) the type of operation of the employer or | 25 | | public
agency, including the composition, | 26 | | structure, and
functions of the workforce of the |
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| 1 | | employer or public
agency, the geographic | 2 | | separateness of the facility
from the employer or | 3 | | public agency, and the
administrative or fiscal | 4 | | relationship of the facility
to the employer or | 5 | | public agency.
| 6 | | (c) An employer subject to Section 21 of the Workplace | 7 | | Violence Prevention Act shall not violate any provisions of the | 8 | | Workplace Violence Prevention Act. | 9 | | (Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)".
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