Illinois General Assembly - Full Text of HB4179
Illinois General Assembly

Previous General Assemblies

Full Text of HB4179  102nd General Assembly


Rep. Jennifer Gong-Gershowitz

Filed: 2/15/2022





10200HB4179ham001LRB102 20996 LNS 36389 a


2    AMENDMENT NO. ______. Amend House Bill 4179 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 2-101 and 2-102 and by adding Section
62-103.2 as follows:
7    (775 ILCS 5/2-101)
8    Sec. 2-101. Definitions. The following definitions are
9applicable strictly in the context of this Article.
10    (A) Employee.
11        (1) "Employee" includes:
12            (a) Any individual performing services for
13        remuneration within this State for an employer;
14            (b) An apprentice;
15            (c) An applicant for any apprenticeship.
16        For purposes of subsection (D) of Section 2-102 of



10200HB4179ham001- 2 -LRB102 20996 LNS 36389 a

1    this Act, "employee" also includes an unpaid intern. An
2    unpaid intern is a person who performs work for an
3    employer under the following circumstances:
4            (i) the employer is not committed to hiring the
5        person performing the work at the conclusion of the
6        intern's tenure;
7            (ii) the employer and the person performing the
8        work agree that the person is not entitled to wages for
9        the work performed; and
10            (iii) the work performed:
11                (I) supplements training given in an
12            educational environment that may enhance the
13            employability of the intern;
14                (II) provides experience for the benefit of
15            the person performing the work;
16                (III) does not displace regular employees;
17                (IV) is performed under the close supervision
18            of existing staff; and
19                (V) provides no immediate advantage to the
20            employer providing the training and may
21            occasionally impede the operations of the
22            employer.
23        (2) "Employee" does not include:
24            (a) (Blank);
25            (b) Individuals employed by persons who are not
26        "employers" as defined by this Act;



10200HB4179ham001- 3 -LRB102 20996 LNS 36389 a

1            (c) Elected public officials or the members of
2        their immediate personal staffs;
3            (d) Principal administrative officers of the State
4        or of any political subdivision, municipal corporation
5        or other governmental unit or agency;
6            (e) A person in a vocational rehabilitation
7        facility certified under federal law who has been
8        designated an evaluee, trainee, or work activity
9        client.
10    (B) Employer.
11        (1) "Employer" includes:
12            (a) Any person employing one or more employees
13        within Illinois during 20 or more calendar weeks
14        within the calendar year of or preceding the alleged
15        violation;
16            (b) Any person employing one or more employees
17        when a complainant alleges civil rights violation due
18        to unlawful discrimination based upon his or her
19        physical or mental disability unrelated to ability,
20        pregnancy, or sexual harassment;
21            (c) The State and any political subdivision,
22        municipal corporation or other governmental unit or
23        agency, without regard to the number of employees;
24            (d) Any party to a public contract without regard
25        to the number of employees;
26            (e) A joint apprenticeship or training committee



10200HB4179ham001- 4 -LRB102 20996 LNS 36389 a

1        without regard to the number of employees.
2        (2) "Employer" does not include any place of worship,
3    religious corporation, association, educational
4    institution, society, or non-profit nursing institution
5    conducted by and for those who rely upon treatment by
6    prayer through spiritual means in accordance with the
7    tenets of a recognized church or religious denomination
8    with respect to the employment of individuals of a
9    particular religion to perform work connected with the
10    carrying on by such place of worship, corporation,
11    association, educational institution, society or
12    non-profit nursing institution of its activities.
13    (C) Employment Agency. "Employment Agency" includes both
14public and private employment agencies and any person, labor
15organization, or labor union having a hiring hall or hiring
16office regularly undertaking, with or without compensation, to
17procure opportunities to work, or to procure, recruit, refer
18or place employees.
19    (D) Labor Organization. "Labor Organization" includes any
20organization, labor union, craft union, or any voluntary
21unincorporated association designed to further the cause of
22the rights of union labor which is constituted for the
23purpose, in whole or in part, of collective bargaining or of
24dealing with employers concerning grievances, terms or
25conditions of employment, or apprenticeships or applications
26for apprenticeships, or of other mutual aid or protection in



10200HB4179ham001- 5 -LRB102 20996 LNS 36389 a

1connection with employment, including apprenticeships or
2applications for apprenticeships.
3    (E) Sexual Harassment. "Sexual harassment" means any
4unwelcome sexual advances or requests for sexual favors or any
5conduct of a sexual nature when (1) submission to such conduct
6is made either explicitly or implicitly a term or condition of
7an individual's employment, (2) submission to or rejection of
8such conduct by an individual is used as the basis for
9employment decisions affecting such individual, or (3) such
10conduct has the purpose or effect of substantially interfering
11with an individual's work performance or creating an
12intimidating, hostile or offensive working environment.
13    For purposes of this definition, the phrase "working
14environment" is not limited to a physical location an employee
15is assigned to perform his or her duties.
16    (E-1) Harassment. "Harassment" means any unwelcome conduct
17on the basis of an individual's actual or perceived race,
18color, religion, national origin, ancestry, age, sex, marital
19status, order of protection status, disability, military
20status, sexual orientation, pregnancy, unfavorable discharge
21from military service, citizenship status, or work
22authorization status that has the purpose or effect of
23substantially interfering with the individual's work
24performance or creating an intimidating, hostile, or offensive
25working environment. For purposes of this definition, the
26phrase "working environment" is not limited to a physical



10200HB4179ham001- 6 -LRB102 20996 LNS 36389 a

1location an employee is assigned to perform his or her duties.
2    (F) Religion. "Religion" with respect to employers
3includes all aspects of religious observance and practice, as
4well as belief, unless an employer demonstrates that he is
5unable to reasonably accommodate an employee's or prospective
6employee's religious observance or practice without undue
7hardship on the conduct of the employer's business.
8    (G) Public Employer. "Public employer" means the State, an
9agency or department thereof, unit of local government, school
10district, instrumentality or political subdivision.
11    (H) Public Employee. "Public employee" means an employee
12of the State, agency or department thereof, unit of local
13government, school district, instrumentality or political
14subdivision. "Public employee" does not include public
15officers or employees of the General Assembly or agencies
17    (I) Public Officer. "Public officer" means a person who is
18elected to office pursuant to the Constitution or a statute or
19ordinance, or who is appointed to an office which is
20established, and the qualifications and duties of which are
21prescribed, by the Constitution or a statute or ordinance, to
22discharge a public duty for the State, agency or department
23thereof, unit of local government, school district,
24instrumentality or political subdivision.
25    (J) Eligible Bidder. "Eligible bidder" means a person who,
26prior to contract award or prior to bid opening for State



10200HB4179ham001- 7 -LRB102 20996 LNS 36389 a

1contracts for construction or construction-related services,
2has filed with the Department a properly completed, sworn and
3currently valid employer report form, pursuant to the
4Department's regulations. The provisions of this Article
5relating to eligible bidders apply only to bids on contracts
6with the State and its departments, agencies, boards, and
7commissions, and the provisions do not apply to bids on
8contracts with units of local government or school districts.
9    (K) Citizenship Status. "Citizenship status" means the
10status of being:
11        (1) a born U.S. citizen;
12        (2) a naturalized U.S. citizen;
13        (3) a U.S. national; or
14        (4) a person born outside the United States and not a
15    U.S. citizen who is not an unauthorized alien and who is
16    protected from discrimination under the provisions of
17    Section 1324b of Title 8 of the United States Code, as now
18    or hereafter amended.
19    (L) Work Authorization Status. "Work authorization status"
20means the status of being a person born outside of the United
21States, and not a U.S. citizen, who is authorized by the
22federal government to work in the United States.
23    (M) Family Responsibilities. "Family responsibilities"
24means an employee's actual or perceived provision of personal
25care to a family member. As used in this definition:
26        (1) "Personal care" has the same meaning as used in



10200HB4179ham001- 8 -LRB102 20996 LNS 36389 a

1    the Employee Sick Leave Act.
2        (2) "Family member" has the same meaning as "covered
3    family member" is used in the Employee Sick Leave Act.
4(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
5102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
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, to engage in harassment as defined in
11    subsection (E-1) of Section 2-101, or to act with respect
12    to 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,
16    citizenship status, or work authorization status, or
17    family responsibilities. An employer is responsible for
18    harassment by the employer's nonmanagerial and
19    nonsupervisory employees only if the employer becomes
20    aware of the conduct and fails to take reasonable
21    corrective measures.
22        (A-5) Language. For an employer to impose a
23    restriction that has the effect of prohibiting a language
24    from being spoken by an employee in communications that
25    are unrelated to the employee's duties.



10200HB4179ham001- 9 -LRB102 20996 LNS 36389 a

1        For the purposes of this subdivision (A-5), "language"
2    means a person's native tongue, such as Polish, Spanish,
3    or Chinese. "Language" does not include such things as
4    slang, jargon, profanity, or vulgarity.
5        (A-10) Harassment of nonemployees. For any employer,
6    employment agency, or labor organization to engage in
7    harassment of nonemployees in the workplace. An employer
8    is responsible for harassment of nonemployees by the
9    employer's nonmanagerial and nonsupervisory employees only
10    if the employer becomes aware of the conduct and fails to
11    take reasonable corrective measures. For the purposes of
12    this subdivision (A-10), "nonemployee" means a person who
13    is not otherwise an employee of the employer and is
14    directly performing services for the employer pursuant to
15    a contract with that employer. "Nonemployee" includes
16    contractors and consultants. This subdivision applies to
17    harassment occurring on or after the effective date of
18    this amendatory Act of the 101st General Assembly.
19        (B) Employment agency. For any employment agency to
20    fail or refuse to classify properly, accept applications
21    and register for employment referral or apprenticeship
22    referral, refer for employment, or refer for
23    apprenticeship on the basis of unlawful discrimination,
24    citizenship status, or work authorization status, or
25    family responsibilities or to accept from any person any
26    job order, requisition or request for referral of



10200HB4179ham001- 10 -LRB102 20996 LNS 36389 a

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



10200HB4179ham001- 11 -LRB102 20996 LNS 36389 a

1    harassment of nonemployees in the workplace. An employer
2    is responsible for sexual harassment of nonemployees by
3    the employer's nonmanagerial and nonsupervisory employees
4    only if the employer becomes aware of the conduct and
5    fails to take reasonable corrective measures. For the
6    purposes of this subdivision (D-5), "nonemployee" means a
7    person who is not otherwise an employee of the employer
8    and is directly performing services for the employer
9    pursuant to a contract with that employer. "Nonemployee"
10    includes contractors and consultants. This subdivision
11    applies to sexual harassment occurring on or after the
12    effective date of this amendatory Act of the 101st General
13    Assembly.
14        (E) Public employers. For any public employer to
15    refuse to permit a public employee under its jurisdiction
16    who takes time off from work in order to practice his or
17    her religious beliefs to engage in work, during hours
18    other than such employee's regular working hours,
19    consistent with the operational needs of the employer and
20    in order to compensate for work time lost for such
21    religious reasons. Any employee who elects such deferred
22    work shall be compensated at the wage rate which he or she
23    would have earned during the originally scheduled work
24    period. The employer may require that an employee who
25    plans to take time off from work in order to practice his
26    or her religious beliefs provide the employer with a



10200HB4179ham001- 12 -LRB102 20996 LNS 36389 a

1    notice of his or her intention to be absent from work not
2    exceeding 5 days prior to the date of absence.
3        (E-5) Religious discrimination. For any employer to
4    impose upon a person as a condition of obtaining or
5    retaining employment, including opportunities for
6    promotion, advancement, or transfer, any terms or
7    conditions that would require such person to violate or
8    forgo a sincerely held practice of his or her religion
9    including, but not limited to, the wearing of any attire,
10    clothing, or facial hair in accordance with the
11    requirements of his or her religion, unless, after
12    engaging in a bona fide effort, the employer demonstrates
13    that it is unable to reasonably accommodate the employee's
14    or prospective employee's sincerely held religious belief,
15    practice, or observance without undue hardship on the
16    conduct of the employer's business.
17        Nothing in this Section prohibits an employer from
18    enacting a dress code or grooming policy that may include
19    restrictions on attire, clothing, or facial hair to
20    maintain workplace safety or food sanitation.
21        (F) Training and apprenticeship programs. For any
22    employer, employment agency or labor organization to
23    discriminate against a person on the basis of age in the
24    selection, referral for or conduct of apprenticeship or
25    training programs.
26        (G) Immigration-related practices.



10200HB4179ham001- 13 -LRB102 20996 LNS 36389 a

1            (1) for an employer to request for purposes of
2        satisfying the requirements of Section 1324a(b) of
3        Title 8 of the United States Code, as now or hereafter
4        amended, more or different documents than are required
5        under such Section or to refuse to honor documents
6        tendered that on their face reasonably appear to be
7        genuine or to refuse to honor work authorization based
8        upon the specific status or term of status that
9        accompanies the authorization to work; or
10            (2) for an employer participating in the E-Verify
11        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
12        Programs for Employment Eligibility Confirmation
13        (enacted by PL 104-208, div. C title IV, subtitle A) to
14        refuse to hire, to segregate, or to act with respect to
15        recruitment, hiring, promotion, renewal of employment,
16        selection for training or apprenticeship, discharge,
17        discipline, tenure or terms, privileges or conditions
18        of employment without following the procedures under
19        the E-Verify Program.
20        (H) (Blank).
21        (I) Pregnancy. For an employer to refuse to hire, to
22    segregate, or to act with respect to recruitment, hiring,
23    promotion, renewal of employment, selection for training
24    or apprenticeship, discharge, discipline, tenure or terms,
25    privileges or conditions of employment on the basis of
26    pregnancy, childbirth, or medical or common conditions



10200HB4179ham001- 14 -LRB102 20996 LNS 36389 a

1    related to pregnancy or childbirth. Women affected by
2    pregnancy, childbirth, or medical or common conditions
3    related to pregnancy or childbirth shall be treated the
4    same for all employment-related purposes, including
5    receipt of benefits under fringe benefit programs, as
6    other persons not so affected but similar in their ability
7    or inability to work, regardless of the source of the
8    inability to work or employment classification or status.
9        (J) Pregnancy; reasonable accommodations.
10            (1) If after a job applicant or employee,
11        including a part-time, full-time, or probationary
12        employee, requests a reasonable accommodation, for an
13        employer to not make reasonable accommodations for any
14        medical or common condition of a job applicant or
15        employee related to pregnancy or childbirth, unless
16        the employer can demonstrate that the accommodation
17        would impose an undue hardship on the ordinary
18        operation of the business of the employer. The
19        employer may request documentation from the employee's
20        health care provider concerning the need for the
21        requested reasonable accommodation or accommodations
22        to the same extent documentation is requested for
23        conditions related to disability if the employer's
24        request for documentation is job-related and
25        consistent with business necessity. The employer may
26        require only the medical justification for the



10200HB4179ham001- 15 -LRB102 20996 LNS 36389 a

1        requested accommodation or accommodations, a
2        description of the reasonable accommodation or
3        accommodations medically advisable, the date the
4        reasonable accommodation or accommodations became
5        medically advisable, and the probable duration of the
6        reasonable accommodation or accommodations. It is the
7        duty of the individual seeking a reasonable
8        accommodation or accommodations to submit to the
9        employer any documentation that is requested in
10        accordance with this paragraph. Notwithstanding the
11        provisions of this paragraph, the employer may require
12        documentation by the employee's health care provider
13        to determine compliance with other laws. The employee
14        and employer shall engage in a timely, good faith, and
15        meaningful exchange to determine effective reasonable
16        accommodations.
17            (2) For an employer to deny employment
18        opportunities or benefits to or take adverse action
19        against an otherwise qualified job applicant or
20        employee, including a part-time, full-time, or
21        probationary employee, if the denial or adverse action
22        is based on the need of the employer to make reasonable
23        accommodations to the known medical or common
24        conditions related to the pregnancy or childbirth of
25        the applicant or employee.
26            (3) For an employer to require a job applicant or



10200HB4179ham001- 16 -LRB102 20996 LNS 36389 a

1        employee, including a part-time, full-time, or
2        probationary employee, affected by pregnancy,
3        childbirth, or medical or common conditions related to
4        pregnancy or childbirth to accept an accommodation
5        when the applicant or employee did not request an
6        accommodation and the applicant or employee chooses
7        not to accept the employer's accommodation.
8            (4) For an employer to require an employee,
9        including a part-time, full-time, or probationary
10        employee, to take leave under any leave law or policy
11        of the employer if another reasonable accommodation
12        can be provided to the known medical or common
13        conditions related to the pregnancy or childbirth of
14        an employee. No employer shall fail or refuse to
15        reinstate the employee affected by pregnancy,
16        childbirth, or medical or common conditions related to
17        pregnancy or childbirth to her original job or to an
18        equivalent position with equivalent pay and
19        accumulated seniority, retirement, fringe benefits,
20        and other applicable service credits upon her
21        signifying her intent to return or when her need for
22        reasonable accommodation ceases, unless the employer
23        can demonstrate that the accommodation would impose an
24        undue hardship on the ordinary operation of the
25        business of the employer.
26        For the purposes of this subdivision (J), "reasonable



10200HB4179ham001- 17 -LRB102 20996 LNS 36389 a

1    accommodations" means reasonable modifications or
2    adjustments to the job application process or work
3    environment, or to the manner or circumstances under which
4    the position desired or held is customarily performed,
5    that enable an applicant or employee affected by
6    pregnancy, childbirth, or medical or common conditions
7    related to pregnancy or childbirth to be considered for
8    the position the applicant desires or to perform the
9    essential functions of that position, and may include, but
10    is not limited to: more frequent or longer bathroom
11    breaks, breaks for increased water intake, and breaks for
12    periodic rest; private non-bathroom space for expressing
13    breast milk and breastfeeding; seating; assistance with
14    manual labor; light duty; temporary transfer to a less
15    strenuous or hazardous position; the provision of an
16    accessible worksite; acquisition or modification of
17    equipment; job restructuring; a part-time or modified work
18    schedule; appropriate adjustment or modifications of
19    examinations, training materials, or policies;
20    reassignment to a vacant position; time off to recover
21    from conditions related to childbirth; and leave
22    necessitated by pregnancy, childbirth, or medical or
23    common conditions resulting from pregnancy or childbirth.
24        For the purposes of this subdivision (J), "undue
25    hardship" means an action that is prohibitively expensive
26    or disruptive when considered in light of the following



10200HB4179ham001- 18 -LRB102 20996 LNS 36389 a

1    factors: (i) the nature and cost of the accommodation
2    needed; (ii) the overall financial resources of the
3    facility or facilities involved in the provision of the
4    reasonable accommodation, the number of persons employed
5    at the facility, the effect on expenses and resources, or
6    the impact otherwise of the accommodation upon the
7    operation of the facility; (iii) the overall financial
8    resources of the employer, the overall size of the
9    business of the employer with respect to the number of its
10    employees, and the number, type, and location of its
11    facilities; and (iv) the type of operation or operations
12    of the employer, including the composition, structure, and
13    functions of the workforce of the employer, the geographic
14    separateness, administrative, or fiscal relationship of
15    the facility or facilities in question to the employer.
16    The employer has the burden of proving undue hardship. The
17    fact that the employer provides or would be required to
18    provide a similar accommodation to similarly situated
19    employees creates a rebuttable presumption that the
20    accommodation does not impose an undue hardship on the
21    employer.
22        No employer is required by this subdivision (J) to
23    create additional employment that the employer would not
24    otherwise have created, unless the employer does so or
25    would do so for other classes of employees who need
26    accommodation. The employer is not required to discharge



10200HB4179ham001- 19 -LRB102 20996 LNS 36389 a

1    any employee, transfer any employee with more seniority,
2    or promote any employee who is not qualified to perform
3    the job, unless the employer does so or would do so to
4    accommodate other classes of employees who need it.
5        (K) Notice.
6            (1) For an employer to fail to post or keep posted
7        in a conspicuous location on the premises of the
8        employer where notices to employees are customarily
9        posted, or fail to include in any employee handbook
10        information concerning an employee's rights under this
11        Article, a notice, to be prepared or approved by the
12        Department, summarizing the requirements of this
13        Article and information pertaining to the filing of a
14        charge, including the right to be free from unlawful
15        discrimination, the right to be free from sexual
16        harassment, and the right to certain reasonable
17        accommodations. The Department shall make the
18        documents required under this paragraph available for
19        retrieval from the Department's website.
20            (2) Upon notification of a violation of paragraph
21        (1) of this subdivision (K), the Department may launch
22        a preliminary investigation. If the Department finds a
23        violation, the Department may issue a notice to show
24        cause giving the employer 30 days to correct the
25        violation. If the violation is not corrected, the
26        Department may initiate a charge of a civil rights



10200HB4179ham001- 20 -LRB102 20996 LNS 36389 a

1        violation.
2(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
3    (775 ILCS 5/2-103.2 new)
4    Sec. 2-103.2. Family responsibilities discrimination
5rights and remedies. The right to be free of family
6responsibilities discrimination as specified in this Article
7is in addition to any other rights or remedies afforded by
8contract or under other provisions of law. This Section does
9not extend the maximum period of leave to which an employee is
10entitled under the federal Family and Medical Leave Act of
111993, nor does it require employees to offer paid leave.
12Nothing in this Section shall be construed to invalidate,
13diminish, or otherwise interfere with any collective
14bargaining agreement nor shall it be construed to invalidate,
15diminish, or otherwise interfere with any party's power to
16collectively bargain such an agreement.".