Full Text of SB1622 102nd General Assembly
SB1622eng 102ND GENERAL ASSEMBLY |
| | SB1622 Engrossed | | LRB102 16118 LNS 21493 b |
|
| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 2-101 as follows:
| 6 | | (775 ILCS 5/2-101)
| 7 | | Sec. 2-101. Definitions. The following definitions are | 8 | | applicable
strictly in the context of this Article.
| 9 | | (A) Employee.
| 10 | | (1) "Employee" includes:
| 11 | | (a) Any individual performing services for | 12 | | remuneration within this
State for an employer;
| 13 | | (b) An apprentice;
| 14 | | (c) An applicant for any apprenticeship.
| 15 | | For purposes of subsection (D) of Section 2-102 of | 16 | | this Act, "employee" also includes an unpaid intern. An | 17 | | unpaid intern is a person who performs work for an | 18 | | employer under the following circumstances: | 19 | | (i) the employer is not committed to hiring the | 20 | | person performing the work at the conclusion of the | 21 | | intern's tenure; | 22 | | (ii) the employer and the person performing the | 23 | | work agree that the person is not entitled to wages for |
| | | SB1622 Engrossed | - 2 - | LRB102 16118 LNS 21493 b |
|
| 1 | | the work performed; and | 2 | | (iii) the work performed: | 3 | | (I) supplements training given in an | 4 | | educational environment that may enhance the | 5 | | employability of the intern; | 6 | | (II) provides experience for the benefit of | 7 | | the person performing the work; | 8 | | (III) does not displace regular employees; | 9 | | (IV) is performed under the close supervision | 10 | | of existing staff; and | 11 | | (V) provides no immediate advantage to the | 12 | | employer providing the training and may
| 13 | | occasionally impede the operations of the | 14 | | employer. | 15 | | (2) "Employee" does not include:
| 16 | | (a) (Blank);
| 17 | | (b) Individuals employed by persons who are not | 18 | | "employers" as
defined by this Act;
| 19 | | (c) Elected public officials or the members of | 20 | | their immediate
personal staffs ;
| 21 | | (d) Principal administrative officers of the State | 22 | | or of any
political subdivision, municipal corporation | 23 | | or other governmental unit
or agency;
| 24 | | (e) A person in a vocational rehabilitation | 25 | | facility certified under
federal law who has been | 26 | | designated an evaluee, trainee, or work
activity |
| | | SB1622 Engrossed | - 3 - | LRB102 16118 LNS 21493 b |
|
| 1 | | client.
| 2 | | (B) Employer.
| 3 | | (1) "Employer" includes:
| 4 | | (a) Any person employing one or more employees | 5 | | within Illinois during
20 or more calendar weeks | 6 | | within the calendar year of or preceding the alleged
| 7 | | violation;
| 8 | | (b) Any person employing one or more employees | 9 | | when a complainant
alleges civil rights violation due | 10 | | to unlawful discrimination based
upon his or her | 11 | | physical or mental disability unrelated to ability, | 12 | | pregnancy, or
sexual harassment;
| 13 | | (c) The State and any political subdivision, | 14 | | municipal corporation
or other governmental unit or | 15 | | agency, without regard to the number of
employees;
| 16 | | (d) Any party to a public contract without regard | 17 | | to the number of
employees;
| 18 | | (e) A joint apprenticeship or training committee | 19 | | without regard to the
number of employees.
| 20 | | (2) "Employer" does not include any place of worship, | 21 | | religious corporation,
association, educational | 22 | | institution, society, or non-profit nursing
institution | 23 | | conducted by and for those who rely upon treatment by | 24 | | prayer
through spiritual means in accordance with the | 25 | | tenets of a recognized
church or religious denomination | 26 | | with respect to the employment of
individuals of a |
| | | SB1622 Engrossed | - 4 - | LRB102 16118 LNS 21493 b |
|
| 1 | | particular religion to perform work connected with the
| 2 | | carrying on by such place of worship, corporation, | 3 | | association, educational institution,
society or | 4 | | non-profit nursing institution of its activities.
| 5 | | (C) Employment Agency. "Employment Agency" includes both | 6 | | public and
private employment agencies and any person, labor | 7 | | organization, or labor
union having a hiring hall or hiring | 8 | | office regularly undertaking, with
or without compensation, to | 9 | | procure opportunities to work, or to
procure, recruit, refer | 10 | | or place employees.
| 11 | | (D) Labor Organization. "Labor Organization" includes any
| 12 | | organization, labor union, craft union, or any voluntary | 13 | | unincorporated
association designed to further the cause of | 14 | | the rights of union labor
which is constituted for the | 15 | | purpose, in whole or in part, of collective
bargaining or of | 16 | | dealing with employers concerning grievances, terms or
| 17 | | conditions of employment, or apprenticeships or applications | 18 | | for
apprenticeships, or of other mutual aid or protection in | 19 | | connection with
employment, including apprenticeships or | 20 | | applications for apprenticeships.
| 21 | | (E) Sexual Harassment. "Sexual harassment" means any | 22 | | unwelcome sexual
advances or requests for sexual favors or any | 23 | | conduct of a sexual nature
when (1) submission to such conduct | 24 | | is made either explicitly or implicitly
a term or condition of | 25 | | an individual's employment, (2) submission to or
rejection of | 26 | | such conduct by an individual is used as the basis for
|
| | | SB1622 Engrossed | - 5 - | LRB102 16118 LNS 21493 b |
|
| 1 | | employment decisions affecting such individual, or (3) such | 2 | | conduct has the
purpose or effect of substantially interfering | 3 | | with an individual's work
performance or creating an | 4 | | intimidating, hostile or offensive working
environment.
| 5 | | For purposes of this definition, the phrase "working | 6 | | environment" is not limited to a physical location an employee | 7 | | is assigned to perform his or her duties. | 8 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 9 | | on the basis of an individual's actual or perceived race, | 10 | | color, religion, national origin, ancestry, age, sex, marital | 11 | | status, order of protection status, disability, military | 12 | | status, sexual orientation, pregnancy, unfavorable discharge | 13 | | from military service, or citizenship status that has the | 14 | | purpose or effect of substantially interfering with the | 15 | | individual's work performance or creating an intimidating, | 16 | | hostile, or offensive working environment. For purposes of | 17 | | this definition, the phrase "working environment" is not | 18 | | limited to a physical location an employee is assigned to | 19 | | perform his or her duties. | 20 | | (F) Religion. "Religion" with respect to employers | 21 | | includes all
aspects of religious observance and practice, as | 22 | | well as belief, unless an
employer demonstrates that he is | 23 | | unable to reasonably accommodate an
employee's or prospective | 24 | | employee's religious observance or practice
without undue | 25 | | hardship on the conduct of the employer's business.
| 26 | | (G) Public Employer. "Public employer" means the State, an |
| | | SB1622 Engrossed | - 6 - | LRB102 16118 LNS 21493 b |
|
| 1 | | agency or
department thereof, unit of local government, school | 2 | | district,
instrumentality or political subdivision.
| 3 | | (H) Public Employee. "Public employee" means an employee | 4 | | of the State,
agency or department thereof, unit of local | 5 | | government, school district,
instrumentality or political | 6 | | subdivision. "Public employee" does not include
public | 7 | | officers or employees of the General Assembly or agencies | 8 | | thereof.
| 9 | | (I) Public Officer. "Public officer" means a person who is | 10 | | elected to
office pursuant to the Constitution or a statute or | 11 | | ordinance, or who is
appointed to an office which is | 12 | | established, and the qualifications and
duties of which are | 13 | | prescribed, by the Constitution or a statute or
ordinance, to | 14 | | discharge a public duty for the State, agency or department
| 15 | | thereof, unit of local government, school district, | 16 | | instrumentality or
political subdivision.
| 17 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 18 | | prior to contract award or prior to bid opening for State | 19 | | contracts for construction or construction-related services, | 20 | | has filed with the Department a properly completed, sworn and
| 21 | | currently valid employer report form, pursuant to the | 22 | | Department's regulations.
The provisions of this Article | 23 | | relating to eligible bidders apply only
to bids on contracts | 24 | | with the State and its departments, agencies, boards,
and | 25 | | commissions, and the provisions do not apply to bids on | 26 | | contracts with
units of local government or school districts.
|
| | | SB1622 Engrossed | - 7 - | LRB102 16118 LNS 21493 b |
|
| 1 | | (K) Citizenship Status. "Citizenship status" means the | 2 | | status of being:
| 3 | | (1) a born U.S. citizen;
| 4 | | (2) a naturalized U.S. citizen;
| 5 | | (3) a U.S. national; or
| 6 | | (4) a person born outside the United States and not a | 7 | | U.S. citizen who
is not an unauthorized alien and who is | 8 | | protected from discrimination under
the provisions of | 9 | | Section 1324b of Title 8 of the United States Code, as
now | 10 | | or hereafter amended.
| 11 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | 12 | | 101-430, eff. 7-1-20; revised 8-4-20.)
|
|