Full Text of HB5335 101st General Assembly
HB5335 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5335 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/2-102 | from Ch. 68, par. 2-102 |
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Amends the Illinois Human Rights Act. Provides that if a petition alleging a civil rights violation by an employer is filed with the Department of Human Rights, the Human Rights Commission, or in court, a rebuttable presumption that the employer violated the petitioner's civil rights is created. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing 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 | 8 | | civil
rights violation:
| 9 | | (A) Employers. For any employer to refuse to hire, to | 10 | | segregate, to engage in harassment as defined in subsection | 11 | | (E-1) of Section 2-101, or
to act with respect to | 12 | | recruitment, hiring, promotion, renewal of employment,
| 13 | | selection for training or apprenticeship, discharge, | 14 | | discipline, tenure or
terms, privileges or conditions of | 15 | | employment on the basis of unlawful
discrimination or | 16 | | citizenship status. An employer is responsible for | 17 | | harassment by the employer's nonmanagerial and | 18 | | nonsupervisory employees only if the employer becomes | 19 | | aware of the conduct and fails to take reasonable | 20 | | corrective measures.
| 21 | | (A-5) Language. For an employer to impose a restriction | 22 | | that has the
effect of prohibiting a language from being | 23 | | spoken by an employee in
communications that are unrelated |
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| 1 | | to the employee's duties.
| 2 | | For the purposes of this subdivision (A-5), "language" | 3 | | means a person's
native tongue, such as Polish, Spanish, or
| 4 | | Chinese.
"Language" does not include such things as slang, | 5 | | jargon, profanity, or
vulgarity.
| 6 | | (A-10) Harassment of nonemployees. For any employer, | 7 | | employment agency, or labor organization to engage in | 8 | | harassment of nonemployees in the workplace. An employer is | 9 | | responsible for harassment of nonemployees by the | 10 | | employer's nonmanagerial and nonsupervisory employees only | 11 | | if the employer becomes aware of the conduct and fails to | 12 | | take reasonable corrective measures. For the purposes of | 13 | | this subdivision (A-10), "nonemployee" means a person who | 14 | | is not otherwise an employee of the employer and is | 15 | | directly performing services for the employer pursuant to a | 16 | | contract with that employer. "Nonemployee" includes | 17 | | contractors and consultants. This subdivision applies to | 18 | | harassment occurring on or after the effective date of this | 19 | | amendatory Act of the 101st General Assembly. | 20 | | (B) Employment agency. For any employment agency to | 21 | | fail or refuse
to classify properly, accept applications | 22 | | and register for employment
referral or apprenticeship | 23 | | referral, refer for employment, or refer for
| 24 | | apprenticeship on the basis of unlawful discrimination or | 25 | | citizenship
status or to accept from any person any job | 26 | | order, requisition or request
for referral of applicants |
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| 1 | | for employment or apprenticeship which makes or
has the | 2 | | effect of making unlawful discrimination or discrimination | 3 | | on the
basis of citizenship status a condition of referral.
| 4 | | (C) Labor organization. For any labor organization to | 5 | | limit,
segregate or classify its membership, or to limit | 6 | | employment
opportunities, selection and training for | 7 | | apprenticeship in any trade or
craft, or otherwise to take, | 8 | | or fail to take, any action which affects
adversely any | 9 | | person's status as an employee or as an applicant for
| 10 | | employment or as an apprentice, or as an applicant for | 11 | | apprenticeships,
or wages, tenure, hours of employment or | 12 | | apprenticeship conditions on the
basis of unlawful | 13 | | discrimination or citizenship status.
| 14 | | (D) Sexual harassment. For any employer, employee, | 15 | | agent of any employer,
employment agency or labor | 16 | | organization to engage in sexual harassment;
provided, | 17 | | that an employer shall be responsible for sexual harassment
| 18 | | of the employer's employees by nonemployees or | 19 | | nonmanagerial and nonsupervisory
employees only if the | 20 | | employer becomes aware of the conduct and fails to
take | 21 | | reasonable corrective measures.
| 22 | | (D-5) Sexual harassment of nonemployees. For any | 23 | | employer, employee, agent of any employer, employment | 24 | | agency, or labor organization to engage in sexual | 25 | | harassment of nonemployees in the workplace. An employer is | 26 | | responsible for sexual harassment of nonemployees by the |
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| 1 | | employer's nonmanagerial and nonsupervisory employees only | 2 | | if the employer becomes aware of the conduct and fails to | 3 | | take reasonable corrective measures. For the purposes of | 4 | | this subdivision (D-5), "nonemployee" means a person who is | 5 | | not otherwise an employee of the employer and is directly | 6 | | performing services for the employer pursuant to a contract | 7 | | with that employer. "Nonemployee" includes contractors and | 8 | | consultants. This subdivision applies to sexual harassment | 9 | | occurring on or after the effective date of this amendatory | 10 | | Act of the 101st General Assembly. | 11 | | (E) Public employers. For any public employer to refuse | 12 | | to permit a
public employee under its jurisdiction who | 13 | | takes time off from work in
order to practice his or her | 14 | | religious beliefs to engage in work, during hours
other | 15 | | than such employee's regular working hours, consistent | 16 | | with the
operational needs of the employer and in order to | 17 | | compensate for work time
lost for such religious reasons. | 18 | | Any employee who elects such deferred
work shall be | 19 | | compensated at the wage rate which he or she would have
| 20 | | earned during the originally scheduled work period. The | 21 | | employer may
require that an employee who plans to take | 22 | | time off from work in order to
practice his or her | 23 | | religious beliefs provide the employer with a notice of
his | 24 | | or her intention to be absent from work not exceeding 5 | 25 | | days prior to
the date of absence.
| 26 | | (E-5) Religious discrimination. For any employer to |
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| 1 | | impose upon a person as a condition of obtaining or | 2 | | retaining employment, including opportunities for | 3 | | promotion, advancement, or transfer, any terms or | 4 | | conditions that would require such person to violate or | 5 | | forgo a sincerely held practice of his or her religion | 6 | | including, but not limited to, the wearing of any attire, | 7 | | clothing, or facial hair in accordance with the | 8 | | requirements of his or her religion, unless, after engaging | 9 | | in a bona fide effort, the employer demonstrates that it is | 10 | | unable to reasonably accommodate the employee's or | 11 | | prospective employee's sincerely held religious belief, | 12 | | practice, or observance without undue hardship on the | 13 | | conduct of the employer's business. | 14 | | Nothing in this Section prohibits an employer from | 15 | | enacting a dress code or grooming policy that may include | 16 | | restrictions on attire, clothing, or facial hair to | 17 | | maintain workplace safety or food sanitation. | 18 | | (F) Training and apprenticeship programs. For any | 19 | | employer,
employment agency or labor organization to | 20 | | discriminate against a person on
the basis of age in the | 21 | | selection, referral for or conduct of apprenticeship
or | 22 | | training programs.
| 23 | | (G) Immigration-related practices. | 24 | | (1) for an employer to request for
purposes of | 25 | | satisfying the requirements of Section 1324a(b) of | 26 | | Title 8 of
the United States Code, as now or hereafter |
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| 1 | | amended, more or different
documents than are required | 2 | | under such Section or to refuse to honor
documents | 3 | | tendered that on their face reasonably appear to be | 4 | | genuine; or
| 5 | | (2) for an employer participating in the E-Verify | 6 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 7 | | Programs for Employment Eligibility Confirmation | 8 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 9 | | refuse to hire, to segregate, or to act with respect to | 10 | | recruitment, hiring, promotion, renewal of employment, | 11 | | selection for training or apprenticeship, discharge, | 12 | | discipline, tenure or terms, privileges or conditions | 13 | | of employment without following the procedures under | 14 | | the E-Verify Program. | 15 | | (H) (Blank).
| 16 | | (I) Pregnancy. For an employer to refuse to hire, to | 17 | | segregate, or to act with respect to recruitment, hiring, | 18 | | promotion, renewal of employment, selection for training | 19 | | or apprenticeship, discharge, discipline, tenure or terms, | 20 | | privileges or conditions of employment on the basis of | 21 | | pregnancy, childbirth, or medical or common conditions | 22 | | related to pregnancy or childbirth. Women affected by | 23 | | pregnancy, childbirth, or medical or common conditions | 24 | | related to pregnancy or childbirth shall be treated the | 25 | | same for all employment-related purposes, including | 26 | | receipt of benefits under fringe benefit programs, as other |
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| 1 | | persons not so affected but similar in their ability or | 2 | | inability to work, regardless of the source of the | 3 | | inability to work or employment classification or status. | 4 | | (J) Pregnancy; reasonable accommodations. | 5 | | (1) If after a job applicant or employee, including | 6 | | a part-time, full-time, or probationary employee, | 7 | | requests a reasonable accommodation, for an employer | 8 | | to not make reasonable accommodations for any medical | 9 | | or common condition of a job applicant or employee | 10 | | related to pregnancy or childbirth, unless the | 11 | | employer can demonstrate that the accommodation would | 12 | | impose an undue hardship on the ordinary operation of | 13 | | the business of the employer. The employer may request | 14 | | documentation from the employee's health care provider | 15 | | concerning the need for the requested reasonable | 16 | | accommodation or accommodations to the same extent | 17 | | documentation is requested for conditions related to | 18 | | disability if the employer's request for documentation | 19 | | is job-related and consistent with business necessity. | 20 | | The employer may require only the medical | 21 | | justification for the requested accommodation or | 22 | | accommodations, a description of the reasonable | 23 | | accommodation or accommodations medically advisable, | 24 | | the date the reasonable accommodation or | 25 | | accommodations became medically advisable, and the | 26 | | probable duration of the reasonable accommodation or |
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| 1 | | accommodations. It is the duty of the individual | 2 | | seeking a reasonable accommodation or accommodations | 3 | | to submit to the employer any documentation that is | 4 | | requested in accordance with this paragraph. | 5 | | Notwithstanding the provisions of this paragraph, the | 6 | | employer may require documentation by the employee's | 7 | | health care provider to determine compliance with | 8 | | other laws. The employee and employer shall engage in a | 9 | | timely, good faith, and meaningful exchange to | 10 | | determine effective reasonable accommodations. | 11 | | (2) For an employer to deny employment | 12 | | opportunities or benefits to or take adverse action | 13 | | against an otherwise qualified job applicant or | 14 | | employee, including a part-time, full-time, or | 15 | | probationary employee, if the denial or adverse action | 16 | | is based on the need of the employer to make reasonable | 17 | | accommodations to the known medical or common | 18 | | conditions related to the pregnancy or childbirth of | 19 | | the applicant or employee. | 20 | | (3) For an employer to require a job applicant or | 21 | | employee, including a part-time, full-time, or | 22 | | probationary employee, affected by pregnancy, | 23 | | childbirth, or medical or common conditions related to | 24 | | pregnancy or childbirth to accept an accommodation | 25 | | when the applicant or employee did not request an | 26 | | accommodation and the applicant or employee chooses |
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| 1 | | not to accept the employer's accommodation. | 2 | | (4) For an employer to require an employee, | 3 | | including a part-time, full-time, or probationary | 4 | | employee, to take leave under any leave law or policy | 5 | | of the employer if another reasonable accommodation | 6 | | can be provided to the known medical or common | 7 | | conditions related to the pregnancy or childbirth of an | 8 | | employee. No employer shall fail or refuse to reinstate | 9 | | the employee affected by pregnancy, childbirth, or | 10 | | medical or common conditions related to pregnancy or | 11 | | childbirth to her original job or to an equivalent | 12 | | position with equivalent pay and accumulated | 13 | | seniority, retirement, fringe benefits, and other | 14 | | applicable service credits upon her signifying her | 15 | | intent to return or when her need for reasonable | 16 | | accommodation ceases, unless the employer can | 17 | | demonstrate that the accommodation would impose an | 18 | | undue hardship on the ordinary operation of the | 19 | | business of the employer. | 20 | | For the purposes of this subdivision (J), "reasonable | 21 | | accommodations" means reasonable modifications or | 22 | | adjustments to the job application process or work | 23 | | environment, or to the manner or circumstances under which | 24 | | the position desired or held is customarily performed, that | 25 | | enable an applicant or employee affected by pregnancy, | 26 | | childbirth, or medical or common conditions related to |
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| 1 | | pregnancy or childbirth to be considered for the position | 2 | | the applicant desires or to perform the essential functions | 3 | | of that position, and may include, but is not limited to: | 4 | | more frequent or longer bathroom breaks, breaks for | 5 | | increased water intake, and breaks for periodic rest; | 6 | | private non-bathroom space for expressing breast milk and | 7 | | breastfeeding; seating; assistance with manual labor; | 8 | | light duty; temporary transfer to a less strenuous or | 9 | | hazardous position; the provision of an accessible | 10 | | worksite; acquisition or modification of equipment; job | 11 | | restructuring; a part-time or modified work schedule; | 12 | | appropriate adjustment or modifications of examinations, | 13 | | training materials, or policies; reassignment to a vacant | 14 | | position; time off to recover from conditions related to | 15 | | childbirth; and leave necessitated by pregnancy, | 16 | | childbirth, or medical or common conditions resulting from | 17 | | pregnancy or childbirth. | 18 | | For the purposes of this subdivision (J), "undue | 19 | | hardship" means an action that is prohibitively expensive | 20 | | or disruptive when considered in light of the following | 21 | | factors: (i) the nature and cost of the accommodation | 22 | | needed; (ii) the overall financial resources of the | 23 | | facility or facilities involved in the provision of the | 24 | | reasonable accommodation, the number of persons employed | 25 | | at the facility, the effect on expenses and resources, or | 26 | | the impact otherwise of the accommodation upon the |
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| 1 | | operation of the facility; (iii) the overall financial | 2 | | resources of the employer, the overall size of the business | 3 | | of the employer with respect to the number of its | 4 | | employees, and the number, type, and location of its | 5 | | facilities; and (iv) the type of operation or operations of | 6 | | the employer, including the composition, structure, and | 7 | | functions of the workforce of the employer, the geographic | 8 | | separateness, administrative, or fiscal relationship of | 9 | | the facility or facilities in question to the employer. The | 10 | | employer has the burden of proving undue hardship. The fact | 11 | | that the employer provides or would be required to provide | 12 | | a similar accommodation to similarly situated employees | 13 | | creates a rebuttable presumption that the accommodation | 14 | | does not impose an undue hardship on the employer. | 15 | | No employer is required by this subdivision (J) to | 16 | | create additional employment that the employer would not | 17 | | otherwise have created, unless the employer does so or | 18 | | would do so for other classes of employees who need | 19 | | accommodation. The employer is not required to discharge | 20 | | any employee, transfer any employee with more seniority, or | 21 | | promote any employee who is not qualified to perform the | 22 | | job, unless the employer does so or would do so to | 23 | | accommodate other classes of employees who need it. | 24 | | (K) Notice. | 25 | | (1) For an employer to fail to post or keep posted | 26 | | in a conspicuous location on the premises of the |
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| 1 | | employer where notices to employees are customarily | 2 | | posted, or fail to include in any employee handbook | 3 | | information concerning an employee's rights under this | 4 | | Article, a notice, to be prepared or approved by the | 5 | | Department, summarizing the requirements of this | 6 | | Article and information pertaining to the filing of a | 7 | | charge, including the right to be free from unlawful | 8 | | discrimination, the right to be free from sexual | 9 | | harassment, and the right to certain reasonable | 10 | | accommodations. The Department shall make the | 11 | | documents required under this paragraph available for | 12 | | retrieval from the Department's website. | 13 | | (2) Upon notification of a violation of paragraph | 14 | | (1) of this subdivision (K), the Department may launch | 15 | | a preliminary investigation. If the Department finds a | 16 | | violation, the Department may issue a notice to show | 17 | | cause giving the employer 30 days to correct the | 18 | | violation. If the violation is not corrected, the | 19 | | Department may initiate a charge of a civil rights | 20 | | violation. | 21 | | If a petition alleging a civil rights violation by an | 22 | | employer under this Section is filed with the Department, the | 23 | | Commission, or in court, a rebuttable presumption that the | 24 | | employer violated the petitioner's civil rights under this | 25 | | Section is created. | 26 | | (Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18; |
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| 1 | | 101-221, eff. 1-1-20 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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