Full Text of HB0121 102nd General Assembly
HB0121eng 102ND GENERAL ASSEMBLY |
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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 Sections 1-102, 2-101, 2-102, and 6-101 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 | 8 | | policy of this State:
| 9 | | (A) Freedom from Unlawful Discrimination. To secure for | 10 | | all individuals
within Illinois the freedom from | 11 | | discrimination against any individual because
of his or her | 12 | | race, color, religion, sex, national origin, ancestry, age, | 13 | | order of 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.
| 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.
| 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.
| 2 | | (C-5) Freedom from Discrimination Based on Work | 3 | | Authorization Status-Employment. To prevent discrimination | 4 | | based on the specific status or term of status that | 5 | | accompanies a legal work authorization. | 6 | | (D) Freedom from Discrimination Based on Familial | 7 | | Status-Real Estate
Transactions. To prevent discrimination | 8 | | based on familial status in real
estate transactions.
| 9 | | (E) Public Health, Welfare and Safety. To promote the | 10 | | public health,
welfare and safety by protecting the interest | 11 | | of all people in Illinois
in maintaining personal dignity, in | 12 | | realizing their full productive
capacities, and in furthering | 13 | | their interests, rights and privileges as
citizens of this | 14 | | State.
| 15 | | (F) Implementation of Constitutional Guarantees. To secure | 16 | | and
guarantee the rights established by Sections 17, 18 and 19 | 17 | | of Article I
of the Illinois Constitution of 1970.
| 18 | | (G) Equal Opportunity, Affirmative Action. To establish | 19 | | Equal
Opportunity and Affirmative Action as the policies of | 20 | | this State in all
of its decisions, programs and activities, | 21 | | and to assure that all State
departments, boards, commissions | 22 | | and instrumentalities rigorously take
affirmative action to | 23 | | provide equality of opportunity and eliminate the
effects of | 24 | | past discrimination in the internal affairs of State
| 25 | | government and in their relations with the public.
| 26 | | (H) Unfounded Charges. To protect citizens of this State |
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| 1 | | against
unfounded charges of unlawful discrimination, sexual | 2 | | harassment in
employment and sexual harassment in elementary, | 3 | | secondary, and higher education, and discrimination
based on | 4 | | citizenship status or work authorization status in employment.
| 5 | | (Source: P.A. 98-1050, eff. 1-1-15 .)
| 6 | | (775 ILCS 5/2-101)
| 7 | | Sec. 2-101. Definitions. The following definitions are | 8 | | applicable
strictly in the context of this Article.
| 9 | | (A) Employee.
| 10 | | (1) "Employee" includes:
| 11 | | (a) Any individual performing services for | 12 | | remuneration within this
State for an employer;
| 13 | | (b) An apprentice;
| 14 | | (c) An applicant for any apprenticeship.
| 15 | | For purposes of subsection (D) of Section 2-102 of | 16 | | this Act, "employee" also includes an unpaid intern. An | 17 | | unpaid intern is a person who performs work for an | 18 | | employer under the following circumstances: | 19 | | (i) the employer is not committed to hiring the | 20 | | person performing the work at the conclusion of the | 21 | | intern's tenure; | 22 | | (ii) the employer and the person performing the | 23 | | work agree that the person is not entitled to wages for | 24 | | the work performed; and | 25 | | (iii) the work performed: |
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| 1 | | (I) supplements training given in an | 2 | | educational environment that may enhance the | 3 | | employability of the intern; | 4 | | (II) provides experience for the benefit of | 5 | | the person performing the work; | 6 | | (III) does not displace regular employees; | 7 | | (IV) is performed under the close supervision | 8 | | of existing staff; and | 9 | | (V) provides no immediate advantage to the | 10 | | employer providing the training and may
| 11 | | occasionally impede the operations of the | 12 | | employer. | 13 | | (2) "Employee" does not include:
| 14 | | (a) (Blank);
| 15 | | (b) Individuals employed by persons who are not | 16 | | "employers" as
defined by this Act;
| 17 | | (c) Elected public officials or the members of | 18 | | their immediate
personal staffs;
| 19 | | (d) Principal administrative officers of the State | 20 | | or of any
political subdivision, municipal corporation | 21 | | or other governmental unit
or agency;
| 22 | | (e) A person in a vocational rehabilitation | 23 | | facility certified under
federal law who has been | 24 | | designated an evaluee, trainee, or work
activity | 25 | | client.
| 26 | | (B) Employer.
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| 1 | | (1) "Employer" includes:
| 2 | | (a) Any person employing one or more employees | 3 | | within Illinois during
20 or more calendar weeks | 4 | | within the calendar year of or preceding the alleged
| 5 | | violation;
| 6 | | (b) Any person employing one or more employees | 7 | | when a complainant
alleges civil rights violation due | 8 | | to unlawful discrimination based
upon his or her | 9 | | physical or mental disability unrelated to ability, | 10 | | pregnancy, or
sexual harassment;
| 11 | | (c) The State and any political subdivision, | 12 | | municipal corporation
or other governmental unit or | 13 | | agency, without regard to the number of
employees;
| 14 | | (d) Any party to a public contract without regard | 15 | | to the number of
employees;
| 16 | | (e) A joint apprenticeship or training committee | 17 | | without regard to the
number of employees.
| 18 | | (2) "Employer" does not include any place of worship, | 19 | | religious corporation,
association, educational | 20 | | institution, society, or non-profit nursing
institution | 21 | | conducted by and for those who rely upon treatment by | 22 | | prayer
through spiritual means in accordance with the | 23 | | tenets of a recognized
church or religious denomination | 24 | | with respect to the employment of
individuals of a | 25 | | particular religion to perform work connected with the
| 26 | | carrying on by such place of worship, corporation, |
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| 1 | | association, educational institution,
society or | 2 | | non-profit nursing institution of its activities.
| 3 | | (C) Employment Agency. "Employment Agency" includes both | 4 | | public and
private employment agencies and any person, labor | 5 | | organization, or labor
union having a hiring hall or hiring | 6 | | office regularly undertaking, with
or without compensation, to | 7 | | procure opportunities to work, or to
procure, recruit, refer | 8 | | or place employees.
| 9 | | (D) Labor Organization. "Labor Organization" includes any
| 10 | | organization, labor union, craft union, or any voluntary | 11 | | unincorporated
association designed to further the cause of | 12 | | the rights of union labor
which is constituted for the | 13 | | purpose, in whole or in part, of collective
bargaining or of | 14 | | dealing with employers concerning grievances, terms or
| 15 | | conditions of employment, or apprenticeships or applications | 16 | | for
apprenticeships, or of other mutual aid or protection in | 17 | | connection with
employment, including apprenticeships or | 18 | | applications for apprenticeships.
| 19 | | (E) Sexual Harassment. "Sexual harassment" means any | 20 | | unwelcome sexual
advances or requests for sexual favors or any | 21 | | conduct of a sexual nature
when (1) submission to such conduct | 22 | | is made either explicitly or implicitly
a term or condition of | 23 | | an individual's employment, (2) submission to or
rejection of | 24 | | such conduct by an individual is used as the basis for
| 25 | | employment decisions affecting such individual, or (3) such | 26 | | conduct has the
purpose or effect of substantially interfering |
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| 1 | | with an individual's work
performance or creating an | 2 | | intimidating, hostile or offensive working
environment.
| 3 | | For purposes of this definition, the phrase "working | 4 | | environment" is not limited to a physical location an employee | 5 | | is assigned to perform his or her duties. | 6 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 7 | | on the basis of an individual's actual or perceived race, | 8 | | color, religion, national origin, ancestry, age, sex, marital | 9 | | status, order of protection status, disability, military | 10 | | status, sexual orientation, pregnancy, unfavorable discharge | 11 | | from military service, or citizenship status , or work | 12 | | authorization status that has the purpose or effect of | 13 | | substantially interfering with the individual's work | 14 | | performance or creating an intimidating, hostile, or offensive | 15 | | working environment. For purposes of this definition, the | 16 | | phrase "working environment" is not limited to a physical | 17 | | location an employee is assigned to perform his or her duties. | 18 | | (F) Religion. "Religion" with respect to employers | 19 | | includes all
aspects of religious observance and practice, as | 20 | | well as belief, unless an
employer demonstrates that he is | 21 | | unable to reasonably accommodate an
employee's or prospective | 22 | | employee's religious observance or practice
without undue | 23 | | hardship on the conduct of the employer's business.
| 24 | | (G) Public Employer. "Public employer" means the State, an | 25 | | agency or
department thereof, unit of local government, school | 26 | | district,
instrumentality or political subdivision.
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| 1 | | (H) Public Employee. "Public employee" means an employee | 2 | | of the State,
agency or department thereof, unit of local | 3 | | government, school district,
instrumentality or political | 4 | | subdivision. "Public employee" does not include
public | 5 | | officers or employees of the General Assembly or agencies | 6 | | thereof.
| 7 | | (I) Public Officer. "Public officer" means a person who is | 8 | | elected to
office pursuant to the Constitution or a statute or | 9 | | ordinance, or who is
appointed to an office which is | 10 | | established, and the qualifications and
duties of which are | 11 | | prescribed, by the Constitution or a statute or
ordinance, to | 12 | | discharge a public duty for the State, agency or department
| 13 | | thereof, unit of local government, school district, | 14 | | instrumentality or
political subdivision.
| 15 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 16 | | prior to contract award or prior to bid opening for State | 17 | | contracts for construction or construction-related services, | 18 | | has filed with the Department a properly completed, sworn and
| 19 | | currently valid employer report form, pursuant to the | 20 | | Department's regulations.
The provisions of this Article | 21 | | relating to eligible bidders apply only
to bids on contracts | 22 | | with the State and its departments, agencies, boards,
and | 23 | | commissions, and the provisions do not apply to bids on | 24 | | contracts with
units of local government or school districts.
| 25 | | (K) Citizenship Status. "Citizenship status" means the | 26 | | status of being:
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| 1 | | (1) a born U.S. citizen;
| 2 | | (2) a naturalized U.S. citizen;
| 3 | | (3) a U.S. national; or
| 4 | | (4) a person born outside the United States and not a | 5 | | U.S. citizen who
is not an unauthorized alien and who is | 6 | | protected from discrimination under
the provisions of | 7 | | Section 1324b of Title 8 of the United States Code, as
now | 8 | | or hereafter amended.
| 9 | | (L) Work Authorization Status. "Work authorization status" | 10 | | means the status of being a person born outside of the United | 11 | | States, and not a U.S. citizen, who is authorized by the | 12 | | federal government to work in the United States. | 13 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | 14 | | 101-430, eff. 7-1-20; revised 8-4-20.)
| 15 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 16 | | Sec. 2-102. Civil rights violations - employment. It is a | 17 | | civil
rights violation:
| 18 | | (A) Employers. For any employer to refuse to hire, to | 19 | | segregate, to engage in harassment as defined in | 20 | | subsection (E-1) of Section 2-101, or
to act with respect | 21 | | to recruitment, hiring, promotion, renewal of employment,
| 22 | | selection for training or apprenticeship, discharge, | 23 | | discipline, tenure or
terms, privileges or conditions of | 24 | | employment on the basis of unlawful
discrimination , or | 25 | | citizenship status , or work authorization status . An |
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| 1 | | employer is responsible for harassment by the employer's | 2 | | nonmanagerial and nonsupervisory employees only if the | 3 | | employer becomes aware of the conduct and fails to take | 4 | | reasonable corrective measures.
| 5 | | (A-5) Language. For an employer to impose a | 6 | | restriction that has the
effect of prohibiting a language | 7 | | from being spoken by an employee in
communications that | 8 | | are unrelated to the employee's duties.
| 9 | | For the purposes of this subdivision (A-5), "language" | 10 | | means a person's
native tongue, such as Polish, Spanish, | 11 | | or
Chinese.
"Language" does not include such things as | 12 | | slang, jargon, profanity, or
vulgarity.
| 13 | | (A-10) Harassment of nonemployees. For any employer, | 14 | | employment agency, or labor organization to engage in | 15 | | harassment of nonemployees in the workplace. An employer | 16 | | is responsible for harassment of nonemployees by the | 17 | | employer's nonmanagerial and nonsupervisory employees only | 18 | | if the employer becomes aware of the conduct and fails to | 19 | | take reasonable corrective measures. For the purposes of | 20 | | this subdivision (A-10), "nonemployee" means a person who | 21 | | is not otherwise an employee of the employer and is | 22 | | directly performing services for the employer pursuant to | 23 | | a contract with that employer. "Nonemployee" includes | 24 | | contractors and consultants. This subdivision applies to | 25 | | harassment occurring on or after the effective date of | 26 | | this amendatory Act of the 101st General Assembly. |
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| 1 | | (B) Employment agency. For any employment agency to | 2 | | fail or refuse
to classify properly, accept applications | 3 | | and register for employment
referral or apprenticeship | 4 | | referral, refer for employment, or refer for
| 5 | | apprenticeship on the basis of unlawful discrimination , or | 6 | | citizenship
status , or work authorization status or to | 7 | | accept from any person any job order, requisition or | 8 | | request
for referral of applicants for employment or | 9 | | apprenticeship which makes or
has the effect of making | 10 | | unlawful discrimination or discrimination on the
basis of | 11 | | citizenship status or work authorization status a | 12 | | condition of referral.
| 13 | | (C) Labor organization. For any labor organization to | 14 | | limit,
segregate or classify its membership, or to limit | 15 | | employment
opportunities, selection and training for | 16 | | apprenticeship in any trade or
craft, or otherwise to | 17 | | take, or fail to take, any action which affects
adversely | 18 | | any person's status as an employee or as an applicant for
| 19 | | employment or as an apprentice, or as an applicant for | 20 | | apprenticeships,
or wages, tenure, hours of employment or | 21 | | apprenticeship conditions on the
basis of unlawful | 22 | | discrimination , or citizenship status , or work | 23 | | authorization status .
| 24 | | (D) Sexual harassment. For any employer, employee, | 25 | | agent of any employer,
employment agency or labor | 26 | | organization to engage in sexual harassment;
provided, |
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| 1 | | that an employer shall be responsible for sexual | 2 | | harassment
of the employer's employees by nonemployees or | 3 | | nonmanagerial and nonsupervisory
employees only if the | 4 | | employer becomes aware of the conduct and fails to
take | 5 | | reasonable corrective measures.
| 6 | | (D-5) Sexual harassment of nonemployees. For any | 7 | | employer, employee, agent of any employer, employment | 8 | | agency, or labor organization to engage in sexual | 9 | | harassment of nonemployees in the workplace. An employer | 10 | | is responsible for sexual harassment of nonemployees by | 11 | | the employer's nonmanagerial and nonsupervisory employees | 12 | | only if the employer becomes aware of the conduct and | 13 | | fails to take reasonable corrective measures. For the | 14 | | purposes of this subdivision (D-5), "nonemployee" means a | 15 | | person who is not otherwise an employee of the employer | 16 | | and is directly performing services for the employer | 17 | | pursuant to a contract with that employer. "Nonemployee" | 18 | | includes contractors and consultants. This subdivision | 19 | | applies to sexual harassment occurring on or after the | 20 | | effective date of this amendatory Act of the 101st General | 21 | | Assembly. | 22 | | (E) Public employers. For any public employer to | 23 | | refuse to permit a
public employee under its jurisdiction | 24 | | who takes time off from work in
order to practice his or | 25 | | her religious beliefs to engage in work, during hours
| 26 | | other than such employee's regular working hours, |
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| 1 | | consistent with the
operational needs of the employer and | 2 | | in order to compensate for work time
lost for such | 3 | | religious reasons. Any employee who elects such deferred
| 4 | | work shall be compensated at the wage rate which he or she | 5 | | would have
earned during the originally scheduled work | 6 | | period. The employer may
require that an employee who | 7 | | plans to take time off from work in order to
practice his | 8 | | or her religious beliefs provide the employer with a | 9 | | notice of
his or her intention to be absent from work not | 10 | | exceeding 5 days prior to
the date of absence.
| 11 | | (E-5) Religious discrimination. For any employer to | 12 | | impose upon a person as a condition of obtaining or | 13 | | retaining employment, including opportunities for | 14 | | promotion, advancement, or transfer, any terms or | 15 | | conditions that would require such person to violate or | 16 | | forgo a sincerely held practice of his or her religion | 17 | | including, but not limited to, the wearing of any attire, | 18 | | clothing, or facial hair in accordance with the | 19 | | requirements of his or her religion, unless, after | 20 | | engaging in a bona fide effort, the employer demonstrates | 21 | | that it is unable to reasonably accommodate the employee's | 22 | | or prospective employee's sincerely held religious belief, | 23 | | practice, or observance without undue hardship on the | 24 | | conduct of the employer's business. | 25 | | Nothing in this Section prohibits an employer from | 26 | | enacting a dress code or grooming policy that may include |
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| 1 | | restrictions on attire, clothing, or facial hair to | 2 | | maintain workplace safety or food sanitation. | 3 | | (F) Training and apprenticeship programs. For any | 4 | | employer,
employment agency or labor organization to | 5 | | discriminate against a person on
the basis of age in the | 6 | | selection, referral for or conduct of apprenticeship
or | 7 | | training programs.
| 8 | | (G) Immigration-related practices. | 9 | | (1) for an employer to request for
purposes of | 10 | | satisfying the requirements of Section 1324a(b) of | 11 | | Title 8 of
the United States Code, as now or hereafter | 12 | | amended, more or different
documents than are required | 13 | | under such Section or to refuse to honor
documents | 14 | | tendered that on their face reasonably appear to be | 15 | | genuine or to refuse to honor work authorization based | 16 | | upon the specific status or term of status that | 17 | | accompanies the authorization to work ; or
| 18 | | (2) for an employer participating in the E-Verify | 19 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 20 | | Programs for Employment Eligibility Confirmation | 21 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 22 | | refuse to hire, to segregate, or to act with respect to | 23 | | recruitment, hiring, promotion, renewal of employment, | 24 | | selection for training or apprenticeship, discharge, | 25 | | discipline, tenure or terms, privileges or conditions | 26 | | of employment without following the procedures under |
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| 1 | | the E-Verify Program. | 2 | | (H) (Blank).
| 3 | | (I) Pregnancy. For an employer to refuse to hire, to | 4 | | segregate, or to act with respect to recruitment, hiring, | 5 | | promotion, renewal of employment, selection for training | 6 | | or apprenticeship, discharge, discipline, tenure or terms, | 7 | | privileges or conditions of employment on the basis of | 8 | | pregnancy, childbirth, or medical or common conditions | 9 | | related to pregnancy or childbirth. Women affected by | 10 | | pregnancy, childbirth, or medical or common conditions | 11 | | related to pregnancy or childbirth shall be treated the | 12 | | same for all employment-related purposes, including | 13 | | receipt of benefits under fringe benefit programs, as | 14 | | other persons not so affected but similar in their ability | 15 | | or inability to work, regardless of the source of the | 16 | | inability to work or employment classification or status. | 17 | | (J) Pregnancy; reasonable accommodations. | 18 | | (1) If after a job applicant or employee, | 19 | | including a part-time, full-time, or probationary | 20 | | employee, requests a reasonable accommodation, for an | 21 | | employer to not make reasonable accommodations for any | 22 | | medical or common condition of a job applicant or | 23 | | employee related to pregnancy or childbirth, unless | 24 | | the employer can demonstrate that the accommodation | 25 | | would impose an undue hardship on the ordinary | 26 | | operation of the business of the employer. The |
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| 1 | | employer may request documentation from the employee's | 2 | | health care provider concerning the need for the | 3 | | requested reasonable accommodation or accommodations | 4 | | to the same extent documentation is requested for | 5 | | conditions related to disability if the employer's | 6 | | request for documentation is job-related and | 7 | | consistent with business necessity. The employer may | 8 | | require only the medical justification for the | 9 | | requested accommodation or accommodations, a | 10 | | description of the reasonable accommodation or | 11 | | accommodations medically advisable, the date the | 12 | | reasonable accommodation or accommodations became | 13 | | medically advisable, and the probable duration of the | 14 | | reasonable accommodation or accommodations. It is the | 15 | | duty of the individual seeking a reasonable | 16 | | accommodation or accommodations to submit to the | 17 | | employer any documentation that is requested in | 18 | | accordance with this paragraph. Notwithstanding the | 19 | | provisions of this paragraph, the employer may require | 20 | | documentation by the employee's health care provider | 21 | | to determine compliance with other laws. The employee | 22 | | and employer shall engage in a timely, good faith, and | 23 | | meaningful exchange to determine effective reasonable | 24 | | accommodations. | 25 | | (2) For an employer to deny employment | 26 | | opportunities or benefits to or take adverse action |
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| 1 | | against an otherwise qualified job applicant or | 2 | | employee, including a part-time, full-time, or | 3 | | probationary employee, if the denial or adverse action | 4 | | is based on the need of the employer to make reasonable | 5 | | accommodations to the known medical or common | 6 | | conditions related to the pregnancy or childbirth of | 7 | | the applicant or employee. | 8 | | (3) For an employer to require a job applicant or | 9 | | employee, including a part-time, full-time, or | 10 | | probationary employee, affected by pregnancy, | 11 | | childbirth, or medical or common conditions related to | 12 | | pregnancy or childbirth to accept an accommodation | 13 | | when the applicant or employee did not request an | 14 | | accommodation and the applicant or employee chooses | 15 | | not to accept the employer's accommodation. | 16 | | (4) For an employer to require an employee, | 17 | | including a part-time, full-time, or probationary | 18 | | employee, to take leave under any leave law or policy | 19 | | of the employer if another reasonable accommodation | 20 | | can be provided to the known medical or common | 21 | | conditions related to the pregnancy or childbirth of | 22 | | an employee. No employer shall fail or refuse to | 23 | | reinstate the employee affected by pregnancy, | 24 | | childbirth, or medical or common conditions related to | 25 | | pregnancy or childbirth to her original job or to an | 26 | | equivalent position with equivalent pay and |
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| 1 | | accumulated seniority, retirement, fringe benefits, | 2 | | and other applicable service credits upon her | 3 | | signifying her intent to return or when her need for | 4 | | reasonable accommodation ceases, unless the employer | 5 | | can demonstrate that the accommodation would impose an | 6 | | undue hardship on the ordinary operation of the | 7 | | business of the employer. | 8 | | For the purposes of this subdivision (J), "reasonable | 9 | | accommodations" means reasonable modifications or | 10 | | adjustments to the job application process or work | 11 | | environment, or to the manner or circumstances under which | 12 | | the position desired or held is customarily performed, | 13 | | that enable an applicant or employee affected by | 14 | | pregnancy, childbirth, or medical or common conditions | 15 | | related to pregnancy or childbirth to be considered for | 16 | | the position the applicant desires or to perform the | 17 | | essential functions of that position, and may include, but | 18 | | is not limited to: more frequent or longer bathroom | 19 | | breaks, breaks for increased water intake, and breaks for | 20 | | periodic rest; private non-bathroom space for expressing | 21 | | breast milk and breastfeeding; seating; assistance with | 22 | | manual labor; light duty; temporary transfer to a less | 23 | | strenuous or hazardous position; the provision of an | 24 | | accessible worksite; acquisition or modification of | 25 | | equipment; job restructuring; a part-time or modified work | 26 | | schedule; appropriate adjustment or modifications of |
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| 1 | | examinations, training materials, or policies; | 2 | | reassignment to a vacant position; time off to recover | 3 | | from conditions related to childbirth; and leave | 4 | | necessitated by pregnancy, childbirth, or medical or | 5 | | common conditions resulting from pregnancy or childbirth. | 6 | | For the purposes of this subdivision (J), "undue | 7 | | hardship" means an action that is prohibitively expensive | 8 | | or disruptive when considered in light of the following | 9 | | factors: (i) the nature and cost of the accommodation | 10 | | needed; (ii) the overall financial resources of the | 11 | | facility or facilities involved in the provision of the | 12 | | reasonable accommodation, the number of persons employed | 13 | | at the facility, the effect on expenses and resources, or | 14 | | the impact otherwise of the accommodation upon the | 15 | | operation of the facility; (iii) the overall financial | 16 | | resources of the employer, the overall size of the | 17 | | business of the employer with respect to the number of its | 18 | | employees, and the number, type, and location of its | 19 | | facilities; and (iv) the type of operation or operations | 20 | | of the employer, including the composition, structure, and | 21 | | functions of the workforce of the employer, the geographic | 22 | | separateness, administrative, or fiscal relationship of | 23 | | the facility or facilities in question to the employer. | 24 | | The employer has the burden of proving undue hardship. The | 25 | | fact that the employer provides or would be required to | 26 | | provide a similar accommodation to similarly situated |
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| 1 | | employees creates a rebuttable presumption that the | 2 | | accommodation does not impose an undue hardship on the | 3 | | employer. | 4 | | No employer is required by this subdivision (J) to | 5 | | create additional employment that the employer would not | 6 | | otherwise have created, unless the employer does so or | 7 | | would do so for other classes of employees who need | 8 | | accommodation. The employer is not required to discharge | 9 | | any employee, transfer any employee with more seniority, | 10 | | or promote any employee who is not qualified to perform | 11 | | the job, unless the employer does so or would do so to | 12 | | accommodate other classes of employees who need it. | 13 | | (K) Notice. | 14 | | (1) For an employer to fail to post or keep posted | 15 | | in a conspicuous location on the premises of the | 16 | | employer where notices to employees are customarily | 17 | | posted, or fail to include in any employee handbook | 18 | | information concerning an employee's rights under this | 19 | | Article, a notice, to be prepared or approved by the | 20 | | Department, summarizing the requirements of this | 21 | | Article and information pertaining to the filing of a | 22 | | charge, including the right to be free from unlawful | 23 | | discrimination, the right to be free from sexual | 24 | | harassment, and the right to certain reasonable | 25 | | accommodations. The Department shall make the | 26 | | documents required under this paragraph available for |
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| 1 | | retrieval from the Department's website. | 2 | | (2) Upon notification of a violation of paragraph | 3 | | (1) of this subdivision (K), the Department may launch | 4 | | a preliminary investigation. If the Department finds a | 5 | | violation, the Department may issue a notice to show | 6 | | cause giving the employer 30 days to correct the | 7 | | violation. If the violation is not corrected, the | 8 | | Department may initiate a charge of a civil rights | 9 | | violation. | 10 | | (Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18; | 11 | | 101-221, eff. 1-1-20 .)
| 12 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 13 | | Sec. 6-101. Additional Civil Rights Violations. It is a | 14 | | civil rights
violation for a person, or for 2 two or more | 15 | | persons to conspire, to:
| 16 | | (A) Retaliation. Retaliate against a person because he | 17 | | or she has
opposed that which he or she reasonably and in | 18 | | good faith believes to be
unlawful discrimination, sexual | 19 | | harassment in employment or sexual
harassment in | 20 | | elementary, secondary, and higher
education, or | 21 | | discrimination based on citizenship status or work | 22 | | authorization status
in employment, because he or she has | 23 | | made a charge, filed a complaint,
testified, assisted, or | 24 | | participated in an investigation, proceeding, or
hearing | 25 | | under this Act, or because he or she has requested, |
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| 1 | | attempted to request, used, or attempted to use a | 2 | | reasonable accommodation as allowed by this Act;
| 3 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel | 4 | | or coerce a
person to commit any violation of this Act;
| 5 | | (C) Interference. Wilfully interfere with the | 6 | | performance of a duty
or the exercise of a power by the | 7 | | Commission or one of its members or
representatives or the | 8 | | Department or one of its officers or employees.
| 9 | | Definitions. For the purposes of this Section, "sexual
| 10 | | harassment" , and "citizenship status" , and "work authorization | 11 | | status" shall have the same meaning as defined in
Section | 12 | | 2-101 of this Act.
| 13 | | (Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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