State of Illinois
2019 and 2020


Introduced , by Rep. Anne Stava-Murray


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 with 50 or more employees to: require an employee to sign a nondisclosure agreement if the employee is leaving his or her employment due to sexual harassment or assault; or fail to sign a nondisclosure agreement regarding the employee leaving his or her employment due to sexual harassment or assault. Provides that an employee may waive, in writing, the provisions of the employer's nondisclosure agreement for the purposes of commenting to a journalist. Provides that an employer that violates the provisions is subject to a $25,000 penalty and that the Department of Human Rights, after an investigation, may increase the amount of the penalty depending on the grievance of the violation. Effective immediately.

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



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1    fail or refuse to classify properly, accept applications
2    and register for employment referral or apprenticeship
3    referral, refer for employment, or refer for
4    apprenticeship on the basis of unlawful discrimination or
5    citizenship status or to accept from any person any job
6    order, requisition or request for referral of applicants
7    for employment or apprenticeship which makes or has the
8    effect of making unlawful discrimination or discrimination
9    on the basis of citizenship status a condition of referral.
10        (C) Labor organization. For any labor organization to
11    limit, segregate or classify its membership, or to limit
12    employment opportunities, selection and training for
13    apprenticeship in any trade or craft, or otherwise to take,
14    or fail to take, any action which affects adversely any
15    person's status as an employee or as an applicant for
16    employment or as an apprentice, or as an applicant for
17    apprenticeships, or wages, tenure, hours of employment or
18    apprenticeship conditions on the basis of unlawful
19    discrimination or citizenship status.
20        (D) Sexual harassment. For any employer, employee,
21    agent of any employer, employment agency or labor
22    organization to engage in sexual harassment; provided,
23    that an employer shall be responsible for sexual harassment
24    of the employer's employees by nonemployees or
25    nonmanagerial and nonsupervisory employees only if the
26    employer becomes aware of the conduct and fails to take



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1    reasonable corrective measures.
2        (E) Public employers. For any public employer to refuse
3    to permit a public employee under its jurisdiction who
4    takes time off from work in order to practice his or her
5    religious beliefs to engage in work, during hours other
6    than such employee's regular working hours, consistent
7    with the operational needs of the employer and in order to
8    compensate for work time lost for such religious reasons.
9    Any employee who elects such deferred work shall be
10    compensated at the wage rate which he or she would have
11    earned during the originally scheduled work period. The
12    employer may require that an employee who plans to take
13    time off from work in order to practice his or her
14    religious beliefs provide the employer with a notice of his
15    or her intention to be absent from work not exceeding 5
16    days prior to the date of absence.
17        (E-5) Religious discrimination. For any employer to
18    impose upon a person as a condition of obtaining or
19    retaining employment, including opportunities for
20    promotion, advancement, or transfer, any terms or
21    conditions that would require such person to violate or
22    forgo a sincerely held practice of his or her religion
23    including, but not limited to, the wearing of any attire,
24    clothing, or facial hair in accordance with the
25    requirements of his or her religion, unless, after engaging
26    in a bona fide effort, the employer demonstrates that it is



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1    unable to reasonably accommodate the employee's or
2    prospective employee's sincerely held religious belief,
3    practice, or observance without undue hardship on the
4    conduct of the employer's business.
5        Nothing in this Section prohibits an employer from
6    enacting a dress code or grooming policy that may include
7    restrictions on attire, clothing, or facial hair to
8    maintain workplace safety or food sanitation.
9        (F) Training and apprenticeship programs. For any
10    employer, employment agency or labor organization to
11    discriminate against a person on the basis of age in the
12    selection, referral for or conduct of apprenticeship or
13    training programs.
14        (G) Immigration-related practices.
15            (1) for an employer to request for purposes of
16        satisfying the requirements of Section 1324a(b) of
17        Title 8 of the United States Code, as now or hereafter
18        amended, more or different documents than are required
19        under such Section or to refuse to honor documents
20        tendered that on their face reasonably appear to be
21        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
25        (enacted by PL 104-208, div. C title IV, subtitle A) to
26        refuse to hire, to segregate, or to act with respect to



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



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



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1        determine effective reasonable accommodations.
2            (2) For an employer to deny employment
3        opportunities or benefits to or take adverse action
4        against an otherwise qualified job applicant or
5        employee, including a part-time, full-time, or
6        probationary employee, if the denial or adverse action
7        is based on the need of the employer to make reasonable
8        accommodations to the known medical or common
9        conditions related to the pregnancy or childbirth of
10        the applicant or employee.
11            (3) For an employer to require a job applicant or
12        employee, including a part-time, full-time, or
13        probationary employee, affected by pregnancy,
14        childbirth, or medical or common conditions related to
15        pregnancy or childbirth to accept an accommodation
16        when the applicant or employee did not request an
17        accommodation and the applicant or employee chooses
18        not to accept the employer's accommodation.
19            (4) For an employer to require an employee,
20        including a part-time, full-time, or probationary
21        employee, to take leave under any leave law or policy
22        of the employer if another reasonable accommodation
23        can be provided to the known medical or common
24        conditions related to the pregnancy or childbirth of an
25        employee. No employer shall fail or refuse to reinstate
26        the employee affected by pregnancy, childbirth, or



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1        medical or common conditions related to pregnancy or
2        childbirth to her original job or to an equivalent
3        position with equivalent pay and accumulated
4        seniority, retirement, fringe benefits, and other
5        applicable service credits upon her signifying her
6        intent to return or when her need for reasonable
7        accommodation ceases, unless the employer can
8        demonstrate that the accommodation would impose an
9        undue hardship on the ordinary operation of the
10        business of the employer.
11        For the purposes of this subdivision (J), "reasonable
12    accommodations" means reasonable modifications or
13    adjustments to the job application process or work
14    environment, or to the manner or circumstances under which
15    the position desired or held is customarily performed, that
16    enable an applicant or employee affected by pregnancy,
17    childbirth, or medical or common conditions related to
18    pregnancy or childbirth to be considered for the position
19    the applicant desires or to perform the essential functions
20    of that position, and may include, but is not limited to:
21    more frequent or longer bathroom breaks, breaks for
22    increased water intake, and breaks for periodic rest;
23    private non-bathroom space for expressing breast milk and
24    breastfeeding; seating; assistance with manual labor;
25    light duty; temporary transfer to a less strenuous or
26    hazardous position; the provision of an accessible



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1    worksite; acquisition or modification of equipment; job
2    restructuring; a part-time or modified work schedule;
3    appropriate adjustment or modifications of examinations,
4    training materials, or policies; reassignment to a vacant
5    position; time off to recover from conditions related to
6    childbirth; and leave necessitated by pregnancy,
7    childbirth, or medical or common conditions resulting from
8    pregnancy or childbirth.
9        For the purposes of this subdivision (J), "undue
10    hardship" means an action that is prohibitively expensive
11    or disruptive when considered in light of the following
12    factors: (i) the nature and cost of the accommodation
13    needed; (ii) the overall financial resources of the
14    facility or facilities involved in the provision of the
15    reasonable accommodation, the number of persons employed
16    at the facility, the effect on expenses and resources, or
17    the impact otherwise of the accommodation upon the
18    operation of the facility; (iii) the overall financial
19    resources of the employer, the overall size of the business
20    of the employer with respect to the number of its
21    employees, and the number, type, and location of its
22    facilities; and (iv) the type of operation or operations of
23    the employer, including the composition, structure, and
24    functions of the workforce of the employer, the geographic
25    separateness, administrative, or fiscal relationship of
26    the facility or facilities in question to the employer. The



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1    employer has the burden of proving undue hardship. The fact
2    that the employer provides or would be required to provide
3    a similar accommodation to similarly situated employees
4    creates a rebuttable presumption that the accommodation
5    does not impose an undue hardship on the employer.
6        No employer is required by this subdivision (J) to
7    create additional employment that the employer would not
8    otherwise have created, unless the employer does so or
9    would do so for other classes of employees who need
10    accommodation. The employer is not required to discharge
11    any employee, transfer any employee with more seniority, or
12    promote any employee who is not qualified to perform the
13    job, unless the employer does so or would do so to
14    accommodate other classes of employees who need it.
15        (K) Notice.
16            (1) For an employer to fail to post or keep posted
17        in a conspicuous location on the premises of the
18        employer where notices to employees are customarily
19        posted, or fail to include in any employee handbook
20        information concerning an employee's rights under this
21        Article, a notice, to be prepared or approved by the
22        Department, summarizing the requirements of this
23        Article and information pertaining to the filing of a
24        charge, including the right to be free from unlawful
25        discrimination, the right to be free from sexual
26        harassment, and the right to certain reasonable



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1        accommodations. The Department shall make the
2        documents required under this paragraph available for
3        retrieval from the Department's website.
4            (2) Upon notification of a violation of paragraph
5        (1) of this subdivision (K), the Department may launch
6        a preliminary investigation. If the Department finds a
7        violation, the Department may issue a notice to show
8        cause giving the employer 30 days to correct the
9        violation. If the violation is not corrected, the
10        Department may initiate a charge of a civil rights
11        violation.
12        (L) Nondisclosure agreements. For an employer with 50
13    or more employees to:
14            (1) Require an employee to sign a nondisclosure
15        agreement if the employee is leaving his or her
16        employment due to sexual harassment or assault.
17            (2) Fail to sign a nondisclosure agreement
18        regarding the employee leaving his or her employment
19        due to sexual harassment or assault. An employee may
20        waive, in writing, the provisions of the employer's
21        nondisclosure agreement for the purposes of commenting
22        to a journalist.
23        In addition to any other remedies available under this
24    Act, an employer that violates this subdivision (L) is
25    subject to a $25,000 penalty. The Department, after an
26    investigation, may increase the amount of the penalty



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1    depending on the scale of the grievance of the violation.
2(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.