Full Text of SB0857 102nd General Assembly
SB0857sam001 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 857
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 857 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 2-105 as follows:
| 6 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 7 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 8 | | Action.
| 9 | | (A) Public Contracts. Every party to a public contract and | 10 | | every
eligible bidder shall:
| 11 | | (1) Refrain from unlawful discrimination and | 12 | | discrimination based on
citizenship status in employment | 13 | | and undertake affirmative action to assure
equality of | 14 | | employment opportunity and eliminate the effects of past
| 15 | | discrimination;
| 16 | | (2) Comply with the procedures and requirements of the |
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| 1 | | Department's
regulations concerning equal employment | 2 | | opportunities and affirmative action;
| 3 | | (3) Provide such information, with respect to its | 4 | | employees and
applicants for employment, and assistance as | 5 | | the Department may
reasonably request;
| 6 | | (4) Have written sexual harassment policies that shall | 7 | | include, at a
minimum, the following information: (i) the | 8 | | illegality of
sexual harassment; (ii) the definition of | 9 | | sexual harassment under State
law; (iii) a description of | 10 | | sexual harassment, utilizing examples; (iv) the
vendor's | 11 | | internal complaint process including penalties; (v) the | 12 | | legal
recourse, investigative and complaint process | 13 | | available through the
Department and the Commission; (vi) | 14 | | directions on how to contact the
Department and | 15 | | Commission; and (vii) protection against retaliation as
| 16 | | provided by Section 6-101 of this Act. A copy of the | 17 | | policies shall
be provided to the Department upon request. | 18 | | Additionally, each bidder who submits a bid or offer for a | 19 | | State contract under the Illinois Procurement Code shall | 20 | | have a written copy of the bidder's sexual harassment | 21 | | policy as required under this paragraph (4). A copy of the | 22 | | policy shall be provided to the State agency entering into | 23 | | the contract upon request.
| 24 | | The Department, by rule, shall establish a reasonable | 25 | | opportunity to cure any noncompliance with this subsection by | 26 | | a bidder prior to the awarding of a contract. |
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| 1 | | (B) State Agencies. Every State executive department, | 2 | | State agency,
board, commission, and instrumentality shall:
| 3 | | (1) Comply with the procedures and requirements of the | 4 | | Department's
regulations concerning equal employment | 5 | | opportunities and affirmative action;
| 6 | | (2) Provide such information and assistance as the | 7 | | Department may request.
| 8 | | (3) Establish, maintain, and carry out a continuing | 9 | | affirmative action
plan consistent with this Act and the | 10 | | regulations of the Department designed
to promote equal | 11 | | opportunity for all State residents in every aspect of
| 12 | | agency personnel policy and practice. For purposes of | 13 | | these affirmative
action plans, the race and national | 14 | | origin categories to be included in the
plans are: | 15 | | American Indian or Alaska Native, Asian, Black or African | 16 | | American, Hispanic or Latino, Native Hawaiian or Other | 17 | | Pacific Islander. | 18 | | This plan shall
include a current detailed status | 19 | | report:
| 20 | | (a) indicating, by each position in State service, | 21 | | the number,
percentage, and average salary of | 22 | | individuals employed by race, national
origin, sex and | 23 | | disability, and any other category that the Department | 24 | | may
require by rule;
| 25 | | (b) identifying all positions in which the | 26 | | percentage of the people
employed by race, national |
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| 1 | | origin, sex and disability, and any other
category | 2 | | that the Department may require by rule, is less than | 3 | | four-fifths of
the percentage of each of those | 4 | | components in the State work force;
| 5 | | (c) specifying the goals and methods for | 6 | | increasing the percentage
by race, national origin, | 7 | | sex and disability, and any other category
that the | 8 | | Department may require by rule, in State positions;
| 9 | | (d) indicating progress and problems toward | 10 | | meeting equal employment
opportunity goals, including, | 11 | | if applicable, but not limited to, Department
of | 12 | | Central Management Services recruitment efforts, | 13 | | publicity, promotions,
and use of options designating | 14 | | positions by linguistic abilities;
| 15 | | (e) establishing a numerical hiring goal for the | 16 | | employment of
qualified persons with disabilities in | 17 | | the agency as a whole, to be based
on the proportion of | 18 | | people with work disabilities in the Illinois labor
| 19 | | force as reflected in the most recent employment data | 20 | | made available by the United States Census Bureau.
| 21 | | (4) If the agency has 1000 or more employees, appoint | 22 | | a full-time Equal
Employment Opportunity officer, subject | 23 | | to the Department's approval, whose
duties shall include:
| 24 | | (a) Advising the head of the particular State | 25 | | agency with respect to the
preparation of equal | 26 | | employment opportunity programs, procedures, |
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| 1 | | regulations,
reports, and the agency's affirmative | 2 | | action plan.
| 3 | | (b) Evaluating in writing each fiscal year the | 4 | | sufficiency of the total
agency program for equal | 5 | | employment opportunity and reporting thereon to
the | 6 | | head of the agency with recommendations as to any | 7 | | improvement or
correction in recruiting, hiring or | 8 | | promotion needed, including remedial or
disciplinary | 9 | | action with respect to managerial or supervisory | 10 | | employees who
have failed to cooperate fully or who | 11 | | are in violation of the program.
| 12 | | (c) Making changes in recruitment, training and | 13 | | promotion programs
and in hiring and promotion | 14 | | procedures designed to eliminate
discriminatory | 15 | | practices when authorized.
| 16 | | (d) Evaluating tests, employment policies,
| 17 | | practices and qualifications
and reporting to the head | 18 | | of the agency and to the Department any policies,
| 19 | | practices and qualifications that have unequal impact | 20 | | by race, national origin
as required by Department | 21 | | rule, sex or disability or any other category that
the | 22 | | Department may require by rule, and to assist in the | 23 | | recruitment of people
in underrepresented | 24 | | classifications. This function shall be performed in
| 25 | | cooperation with the State Department of Central | 26 | | Management Services.
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| 1 | | (e) Making any aggrieved employee or applicant for | 2 | | employment aware of
his or her remedies under this | 3 | | Act.
| 4 | | In any meeting, investigation, negotiation, | 5 | | conference, or other
proceeding between a State | 6 | | employee and an Equal Employment Opportunity
officer, | 7 | | a State employee (1) who is not covered by a collective | 8 | | bargaining
agreement and (2) who is the complaining | 9 | | party or the subject of such
proceeding may be | 10 | | accompanied, advised and represented by (1) an | 11 | | attorney
licensed to practice law in the State of | 12 | | Illinois or (2) a representative of an
employee | 13 | | organization whose membership is composed of employees | 14 | | of the State
and of which the employee is a member. A | 15 | | representative of an employee, other
than an attorney, | 16 | | may observe but may not actively participate, or | 17 | | advise the
State employee during the course of such | 18 | | meeting, investigation, negotiation,
conference or | 19 | | other proceeding. Nothing in this Section shall be
| 20 | | construed to permit any person who is not licensed to | 21 | | practice law in Illinois
to deliver any legal services | 22 | | or otherwise engage in any activities that would
| 23 | | constitute the unauthorized practice of law. Any | 24 | | representative of an employee
who is present with the | 25 | | consent of the employee, shall not, during or after
| 26 | | termination of the relationship permitted by this |
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| 1 | | Section with the State
employee, use or reveal any | 2 | | information obtained during the course of the
meeting, | 3 | | investigation, negotiation, conference or other | 4 | | proceeding without the
consent of the complaining | 5 | | party and any State employee who is the subject of
the | 6 | | proceeding and pursuant to rules and regulations | 7 | | governing confidentiality
of such information as | 8 | | promulgated by the appropriate State agency.
| 9 | | Intentional or reckless disclosure of information in | 10 | | violation of these
confidentiality requirements shall | 11 | | constitute a Class B misdemeanor.
| 12 | | (5) Establish, maintain and carry out a continuing | 13 | | sexual harassment
program that shall include the | 14 | | following:
| 15 | | (a) Develop a written sexual harassment policy | 16 | | that includes at a
minimum the following information: | 17 | | (i) the illegality of sexual harassment;
(ii) the | 18 | | definition of sexual harassment under State law; (iii) | 19 | | a
description of sexual harassment, utilizing | 20 | | examples; (iv) the agency's
internal complaint process | 21 | | including penalties; (v) the legal recourse,
| 22 | | investigative and complaint process available through | 23 | | the Department and
the Commission; (vi) directions on | 24 | | how to contact the Department and
Commission; and | 25 | | (vii) protection against retaliation as provided by | 26 | | Section
6-101 of this Act. The policy shall be |
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| 1 | | reviewed annually.
| 2 | | (b) Post in a prominent and accessible location | 3 | | and distribute in a
manner to assure notice to all | 4 | | agency employees without exception the
agency's sexual | 5 | | harassment policy. Such documents may meet, but shall | 6 | | not
exceed, the 6th grade literacy level. Distribution | 7 | | shall be effectuated within
90 days of the effective | 8 | | date of this amendatory Act of 1992 and shall occur
| 9 | | annually thereafter.
| 10 | | (c) Provide training on sexual harassment | 11 | | prevention and the
agency's sexual harassment policy | 12 | | as a component of all ongoing or new
employee training | 13 | | programs.
| 14 | | (6) Notify the Department 30 days before effecting any | 15 | | layoff. Once
notice is given, the following shall occur:
| 16 | | (a) No layoff may be effective
earlier than 10 | 17 | | working days after
notice to the Department, unless an
| 18 | | emergency layoff situation exists.
| 19 | | (b) The State executive department, State agency, | 20 | | board, commission,
or instrumentality in which the | 21 | | layoffs are to occur must
notify each employee | 22 | | targeted for layoff, the employee's union
| 23 | | representative (if applicable), and the State | 24 | | Dislocated Worker Unit at the
Department of Commerce | 25 | | and Economic Opportunity.
| 26 | | (c) The State executive department, State agency, |
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| 1 | | board, commission,
or instrumentality in
which the | 2 | | layoffs are to occur must conform to applicable | 3 | | collective
bargaining agreements.
| 4 | | (d) The State executive department, State agency, | 5 | | board, commission, or
instrumentality in which the | 6 | | layoffs are to occur should notify each employee
| 7 | | targeted for layoff that transitional assistance may | 8 | | be available to him or her
under the Economic | 9 | | Dislocation and Worker Adjustment Assistance Act
| 10 | | administered by the Department of Commerce and | 11 | | Economic Opportunity. Failure to
give such notice | 12 | | shall not invalidate the layoff or postpone its | 13 | | effective
date.
| 14 | | As used in this subsection (B), "disability" shall be | 15 | | defined in
rules promulgated under the Illinois Administrative
| 16 | | Procedure Act.
| 17 | | (C) Civil Rights Violations. It is a civil rights | 18 | | violation for any
public contractor or eligible bidder to:
| 19 | | (1) fail to comply with the public contractor's or | 20 | | eligible bidder's
duty to refrain from unlawful | 21 | | discrimination and discrimination based on
citizenship | 22 | | status in employment under subsection (A)(1) of this | 23 | | Section; or
| 24 | | (2) fail to comply with the public contractor's or | 25 | | eligible bidder's
duties of affirmative action under | 26 | | subsection (A) of this Section, provided
however, that the
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| 1 | | Department has notified the public contractor or eligible | 2 | | bidder in writing
by certified mail that the public | 3 | | contractor or eligible bidder may not be
in compliance | 4 | | with affirmative action requirements of subsection (A). A
| 5 | | minimum
of 60 days to comply with the requirements shall | 6 | | be afforded to the public
contractor or eligible bidder | 7 | | before the Department may issue formal notice of
| 8 | | non-compliance.
| 9 | | (D) As used in this Section: | 10 | | (1) "American Indian or Alaska Native" means a person | 11 | | having origins in any of the original peoples of North and | 12 | | South America, including Central America, and who | 13 | | maintains tribal affiliation or community attachment. | 14 | | (2) "Asian" means a person having origins in any of | 15 | | the original peoples of the Far East, Southeast Asia, or | 16 | | the Indian subcontinent, including, but not limited to, | 17 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 18 | | the Philippine Islands, Thailand, and Vietnam. | 19 | | (3) "Black or African American" means a person having | 20 | | origins in any of the black racial groups of Africa. Terms | 21 | | such as "Haitian" or "Negro" can be used in addition to | 22 | | "Black or African American". | 23 | | (4) "Hispanic or Latino" means a person of Cuban, | 24 | | Mexican, Puerto Rican, South or Central American, or other | 25 | | Spanish culture or origin, regardless of race. | 26 | | (5) "Native Hawaiian or Other Pacific Islander" means |
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| 1 | | a person having origins in any of the original peoples of | 2 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 3 | | (Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19 .)".
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