Full Text of SB0995 102nd General Assembly
SB0995sam001 102ND GENERAL ASSEMBLY | Sen. Omar Aquino Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 995
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 995 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 2-101 and 3-101 and by adding Sections 2-111 | 6 | | and 3-107 as follows:
| 7 | | (775 ILCS 5/2-101)
| 8 | | Sec. 2-101. Definitions. The following definitions are | 9 | | applicable
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 |
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| 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;
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| 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 |
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| 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 | 14 | | public and
private employment agencies and any person, labor | 15 | | organization, or labor
union having a hiring hall or hiring | 16 | | office regularly undertaking, with
or without compensation, to | 17 | | procure opportunities to work, or to
procure, recruit, refer | 18 | | or place employees.
| 19 | | (D) Labor Organization. "Labor Organization" includes any
| 20 | | organization, labor union, craft union, or any voluntary | 21 | | unincorporated
association designed to further the cause of | 22 | | the rights of union labor
which is constituted for the | 23 | | purpose, in whole or in part, of collective
bargaining or of | 24 | | dealing with employers concerning grievances, terms or
| 25 | | conditions of employment, or apprenticeships or applications | 26 | | for
apprenticeships, or of other mutual aid or protection in |
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| 1 | | connection with
employment, including apprenticeships or | 2 | | applications for apprenticeships.
| 3 | | (E) Sexual Harassment. "Sexual harassment" means any | 4 | | unwelcome sexual
advances or requests for sexual favors or any | 5 | | conduct of a sexual nature
when (1) submission to such conduct | 6 | | is made either explicitly or implicitly
a term or condition of | 7 | | an individual's employment, (2) submission to or
rejection of | 8 | | such conduct by an individual is used as the basis for
| 9 | | employment decisions affecting such individual, or (3) such | 10 | | conduct has the
purpose or effect of substantially interfering | 11 | | with an individual's work
performance or creating an | 12 | | intimidating, hostile or offensive working
environment.
| 13 | | For purposes of this definition, the phrase "working | 14 | | environment" is not limited to a physical location an employee | 15 | | is assigned to perform his or her duties. | 16 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 17 | | on the basis of an individual's actual or perceived race, | 18 | | color, religion, national origin, ancestry, age, sex, marital | 19 | | status, order of protection status, disability, military | 20 | | status, sexual orientation, pregnancy, unfavorable discharge | 21 | | from military service, or citizenship status that has the | 22 | | purpose or effect of substantially interfering with the | 23 | | individual's work performance or creating an intimidating, | 24 | | hostile, or offensive working environment. For purposes of | 25 | | this definition, the phrase "working environment" is not | 26 | | limited to a physical location an employee is assigned to |
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| 1 | | perform his or her duties. | 2 | | (F) Religion. "Religion" with respect to employers | 3 | | includes all
aspects of religious observance and practice, as | 4 | | well as belief, unless an
employer demonstrates that he is | 5 | | unable to reasonably accommodate an
employee's or prospective | 6 | | employee's religious observance or practice
without undue | 7 | | hardship on the conduct of the employer's business.
| 8 | | (G) Public Employer. "Public employer" means the State, an | 9 | | agency or
department thereof, unit of local government, school | 10 | | district,
instrumentality or political subdivision.
| 11 | | (H) Public Employee. "Public employee" means an employee | 12 | | of the State,
agency or department thereof, unit of local | 13 | | government, school district,
instrumentality or political | 14 | | subdivision. "Public employee" does not include
public | 15 | | officers or employees of the General Assembly or agencies | 16 | | thereof.
| 17 | | (I) Public Officer. "Public officer" means a person who is | 18 | | elected to
office pursuant to the Constitution or a statute or | 19 | | ordinance, or who is
appointed to an office which is | 20 | | established, and the qualifications and
duties of which are | 21 | | prescribed, by the Constitution or a statute or
ordinance, to | 22 | | discharge a public duty for the State, agency or department
| 23 | | thereof, unit of local government, school district, | 24 | | instrumentality or
political subdivision.
| 25 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 26 | | prior to contract award or prior to bid opening for State |
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| 1 | | contracts for construction or construction-related services, | 2 | | has filed with the Department a properly completed, sworn and
| 3 | | currently valid employer report form, pursuant to the | 4 | | Department's regulations.
The provisions of this Article | 5 | | relating to eligible bidders apply only
to bids on contracts | 6 | | with the State and its departments, agencies, boards,
and | 7 | | commissions, and the provisions do not apply to bids on | 8 | | contracts with
units of local government or school districts.
| 9 | | (K) Citizenship Status. "Citizenship status" means the | 10 | | status 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) Adverse Employment Action. "Adverse employment action" | 20 | | means to fail or refuse to hire an applicant, to discharge or | 21 | | to not promote any employee, or to classify an employee in a | 22 | | way that would deprive or tend to deprive any individual of | 23 | | employment opportunities. | 24 | | (M) Applicant. "Applicant" means an individual pursuing | 25 | | employment on a part-time, full-time, or contract basis with | 26 | | an employer.
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| 1 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | 2 | | 101-430, eff. 7-1-20; revised 8-4-20.) | 3 | | (775 ILCS 5/2-111 new) | 4 | | Sec. 2-111. Use of conviction records or arrest records in | 5 | | employment decisions. | 6 | | (a) Unless otherwise specified by State or federal | 7 | | statute, conviction records or arrest records used in whole or | 8 | | in part as the basis for any adverse employment action shall be | 9 | | issued by the Department of State Police pursuant to the | 10 | | Illinois Uniform Conviction Information Act. Conviction | 11 | | records or arrest records used to take any adverse employment | 12 | | action under this Section shall be dated no more than 90 days | 13 | | prior to the adverse employment action. Conviction records or | 14 | | arrest records used to take any adverse employment action | 15 | | shall be shared with the applicant before the adverse | 16 | | employment action is taken. | 17 | | (b) No employer shall withhold or deduct from the | 18 | | compensation of any employee, or require any prospective | 19 | | employee or applicant for employment to pay, any fee for, or | 20 | | cost of, any criminal history record information check, nor | 21 | | shall any employer withhold or deduct from the compensation of | 22 | | any employee, or require any employee to pay any fee for, or | 23 | | cost of, criminal history record information checks required | 24 | | by any law, rule, or regulation of federal, State, or local | 25 | | government or agency thereof. |
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| 1 | | (c) The Department may adopt rules necessary to administer | 2 | | and enforce this Section.
| 3 | | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
| 4 | | Sec. 3-101. Definitions. The following definitions are | 5 | | applicable strictly
in the context of this Article:
| 6 | | (A) Real Property. "Real property" includes buildings, | 7 | | structures, real
estate, lands, tenements, leaseholds, | 8 | | interests in real estate cooperatives,
condominiums, and | 9 | | hereditaments, corporeal and incorporeal, or any interest
| 10 | | therein.
| 11 | | (B) Real Estate Transaction. "Real estate transaction" | 12 | | includes the
sale, exchange, rental or lease of real property. | 13 | | "Real estate
transaction" also includes the brokering or | 14 | | appraising of residential real
property and the making or | 15 | | purchasing of loans or providing other financial assistance:
| 16 | | (1) for purchasing, constructing, improving, repairing or | 17 | | maintaining a dwelling; or
| 18 | | (2) secured by residential real estate.
| 19 | | (C) Housing Accommodations. "Housing accommodation" | 20 | | includes any improved
or unimproved real property, or part | 21 | | thereof, which is used or occupied,
or is intended, arranged | 22 | | or designed to be used or occupied, as the home
or residence of | 23 | | one or more individuals.
| 24 | | (D) Real Estate Broker or Salesman. "Real estate broker or | 25 | | salesman"
means a person, whether licensed or not, who, for or |
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| 1 | | with the expectation
of receiving a consideration, lists, | 2 | | sells, purchases, exchanges, rents,
or leases real property, | 3 | | or who negotiates or attempts to negotiate any
of these | 4 | | activities, or who holds himself or herself out as engaged in | 5 | | these.
| 6 | | (E) Familial Status. "Familial status" means one or more | 7 | | individuals
(who have not attained the age of 18 years) being | 8 | | domiciled with:
| 9 | | (1) a parent or person having legal custody of such | 10 | | individual or individuals; or
| 11 | | (2) the designee of such parent or other person having | 12 | | such custody,
with the written permission of such parent or
| 13 | | other person.
| 14 | | The protections afforded by this Article against | 15 | | discrimination on the
basis of familial status apply to any | 16 | | person who is pregnant or is in the
process of securing legal | 17 | | custody of any individual who has not attained
the age of 18 | 18 | | years.
| 19 | | (F) Conciliation. "Conciliation" means the attempted | 20 | | resolution of
issues raised by a charge, or by the | 21 | | investigation of
such charge, through informal negotiations | 22 | | involving the
aggrieved party, the respondent and the | 23 | | Department.
| 24 | | (G) Conciliation Agreement. "Conciliation agreement" means | 25 | | a written
agreement setting forth the resolution of the issues | 26 | | in conciliation.
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| 1 | | (H) Covered Multifamily Dwellings. As used in Section | 2 | | 3-102.1, "covered
multifamily dwellings" means:
| 3 | | (1) buildings consisting of 4 or more units if such | 4 | | buildings have one
or more elevators; and
| 5 | | (2) ground floor units in other buildings consisting of 4 | 6 | | or more units. | 7 | | (I) Adverse housing action. "Adverse housing action" means | 8 | | to fail or refuse to offer tenancy, a lease, or to engage in | 9 | | any real estate transaction that would deprive or tend to | 10 | | deprive any individual of housing opportunities. | 11 | | (J) Prospective Tenant. "Prospective tenant" means an | 12 | | individual pursuing tenancy, lease approval, or approval of | 13 | | any real estate transaction. | 14 | | (K) Housing provider. "Housing provider" means an owner, | 15 | | lessor, real estate broker or salesperson, or any other person | 16 | | engaging in a real estate transaction.
| 17 | | (Source: P.A. 86-820; 86-910; 86-1028.)
| 18 | | (775 ILCS 5/3-107 new) | 19 | | Sec. 3-107. Use of conviction records or arrest records in | 20 | | housing decisions. | 21 | | (a) Unless otherwise specified by State or federal | 22 | | statute, conviction records or arrest records used in whole or | 23 | | in part as the basis for any adverse housing action shall be | 24 | | issued by the Department of State Police pursuant to the | 25 | | Illinois Uniform Conviction Information Act. Conviction |
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| 1 | | records or arrest records used to take any adverse housing | 2 | | action under this Section shall be dated no more than 90 days | 3 | | prior to the adverse housing action. Conviction records or | 4 | | arrest records used to take any adverse housing action shall | 5 | | be shared with the prospective tenant, tenant, or resident | 6 | | before the adverse housing action is taken. | 7 | | (b) No housing provider shall require any prospective | 8 | | tenant to pay any fee for, or cost of, any criminal history | 9 | | record information check, nor shall any housing provider | 10 | | withhold or add any amount to an approved lease to pay any fee | 11 | | for, or cost of, criminal history record information checks | 12 | | required by any law, rule, or regulation of a federal, State, | 13 | | or local government or agency thereof. | 14 | | (c) The Department may adopt rules necessary to administer | 15 | | and enforce this Section. ".
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