HB0121 EngrossedLRB102 02562 LNS 12564 b

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 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
8policy of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for
10all individuals within Illinois the freedom from
11discrimination against any individual because of his or her
12race, color, religion, sex, national origin, ancestry, age,
13order of protection status, marital status, physical or mental
14disability, military status, sexual orientation, pregnancy, or
15unfavorable discharge from military service in connection with
16employment, real estate transactions, access to financial
17credit, and the availability of public accommodations.
18    (B) Freedom from Sexual Harassment-Employment and
19Elementary, Secondary, and Higher Education. To prevent sexual
20harassment in employment and sexual harassment in elementary,
21secondary, and higher education.
22    (C) Freedom from Discrimination Based on Citizenship
23Status-Employment. To prevent discrimination based on



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1citizenship status in employment.
2    (C-5) Freedom from Discrimination Based on Work
3Authorization Status-Employment. To prevent discrimination
4based on the specific status or term of status that
5accompanies a legal work authorization.
6    (D) Freedom from Discrimination Based on Familial
7Status-Real Estate Transactions. To prevent discrimination
8based on familial status in real estate transactions.
9    (E) Public Health, Welfare and Safety. To promote the
10public health, welfare and safety by protecting the interest
11of all people in Illinois in maintaining personal dignity, in
12realizing their full productive capacities, and in furthering
13their interests, rights and privileges as citizens of this
15    (F) Implementation of Constitutional Guarantees. To secure
16and guarantee the rights established by Sections 17, 18 and 19
17of Article I of the Illinois Constitution of 1970.
18    (G) Equal Opportunity, Affirmative Action. To establish
19Equal Opportunity and Affirmative Action as the policies of
20this State in all of its decisions, programs and activities,
21and to assure that all State departments, boards, commissions
22and instrumentalities rigorously take affirmative action to
23provide equality of opportunity and eliminate the effects of
24past discrimination in the internal affairs of State
25government and in their relations with the public.
26    (H) Unfounded Charges. To protect citizens of this State



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1against unfounded charges of unlawful discrimination, sexual
2harassment in employment and sexual harassment in elementary,
3secondary, and higher education, and discrimination based on
4citizenship 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
8applicable 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
4public and private employment agencies and any person, labor
5organization, or labor union having a hiring hall or hiring
6office regularly undertaking, with or without compensation, to
7procure opportunities to work, or to procure, recruit, refer
8or place employees.
9    (D) Labor Organization. "Labor Organization" includes any
10organization, labor union, craft union, or any voluntary
11unincorporated association designed to further the cause of
12the rights of union labor which is constituted for the
13purpose, in whole or in part, of collective bargaining or of
14dealing with employers concerning grievances, terms or
15conditions of employment, or apprenticeships or applications
16for apprenticeships, or of other mutual aid or protection in
17connection with employment, including apprenticeships or
18applications for apprenticeships.
19    (E) Sexual Harassment. "Sexual harassment" means any
20unwelcome sexual advances or requests for sexual favors or any
21conduct of a sexual nature when (1) submission to such conduct
22is made either explicitly or implicitly a term or condition of
23an individual's employment, (2) submission to or rejection of
24such conduct by an individual is used as the basis for
25employment decisions affecting such individual, or (3) such
26conduct has the purpose or effect of substantially interfering



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1with an individual's work performance or creating an
2intimidating, hostile or offensive working environment.
3    For purposes of this definition, the phrase "working
4environment" is not limited to a physical location an employee
5is assigned to perform his or her duties.
6    (E-1) Harassment. "Harassment" means any unwelcome conduct
7on the basis of an individual's actual or perceived race,
8color, religion, national origin, ancestry, age, sex, marital
9status, order of protection status, disability, military
10status, sexual orientation, pregnancy, unfavorable discharge
11from military service, or citizenship status, or work
12authorization status that has the purpose or effect of
13substantially interfering with the individual's work
14performance or creating an intimidating, hostile, or offensive
15working environment. For purposes of this definition, the
16phrase "working environment" is not limited to a physical
17location an employee is assigned to perform his or her duties.
18    (F) Religion. "Religion" with respect to employers
19includes all aspects of religious observance and practice, as
20well as belief, unless an employer demonstrates that he is
21unable to reasonably accommodate an employee's or prospective
22employee's religious observance or practice without undue
23hardship on the conduct of the employer's business.
24    (G) Public Employer. "Public employer" means the State, an
25agency or department thereof, unit of local government, school
26district, instrumentality or political subdivision.



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1    (H) Public Employee. "Public employee" means an employee
2of the State, agency or department thereof, unit of local
3government, school district, instrumentality or political
4subdivision. "Public employee" does not include public
5officers or employees of the General Assembly or agencies
7    (I) Public Officer. "Public officer" means a person who is
8elected to office pursuant to the Constitution or a statute or
9ordinance, or who is appointed to an office which is
10established, and the qualifications and duties of which are
11prescribed, by the Constitution or a statute or ordinance, to
12discharge a public duty for the State, agency or department
13thereof, unit of local government, school district,
14instrumentality or political subdivision.
15    (J) Eligible Bidder. "Eligible bidder" means a person who,
16prior to contract award or prior to bid opening for State
17contracts for construction or construction-related services,
18has filed with the Department a properly completed, sworn and
19currently valid employer report form, pursuant to the
20Department's regulations. The provisions of this Article
21relating to eligible bidders apply only to bids on contracts
22with the State and its departments, agencies, boards, and
23commissions, and the provisions do not apply to bids on
24contracts with units of local government or school districts.
25    (K) Citizenship Status. "Citizenship status" means the
26status 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"
10means the status of being a person born outside of the United
11States, and not a U.S. citizen, who is authorized by the
12federal government to work in the United States.
13(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
14101-430, 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
17civil 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;
11101-221, 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
14civil rights violation for a person, or for 2 two or more
15persons 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
10harassment", and "citizenship status", and "work authorization
11status" shall have the same meaning as defined in Section
122-101 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
15becoming law.