Full Text of HB1272 103rd General Assembly
HB1272 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1272 Introduced 1/31/2023, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/2-102 | from Ch. 68, par. 2-102 |
775 ILCS 5/3-102.2 new | |
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Amends the Employment Article and the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) for any employer, employee, agent of any employer, employment agency, labor organization, or public employer to inquire about a job applicant's gender; and (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, to inquire about a buyer's or renter's gender.
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| | A BILL FOR |
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| 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 2-102 and by adding Section 3-102.2 as | 6 | | follows:
| 7 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 8 | | Sec. 2-102. Civil rights violations - employment. It is a | 9 | | civil
rights violation:
| 10 | | (A) Employers. For any employer to refuse to hire, to | 11 | | segregate, to engage in harassment as defined in | 12 | | subsection (E-1) of Section 2-101, or
to act with respect | 13 | | to recruitment, hiring, promotion, renewal of employment,
| 14 | | selection for training or apprenticeship, discharge, | 15 | | discipline, tenure or
terms, privileges or conditions of | 16 | | employment on the basis of unlawful
discrimination, | 17 | | citizenship status, or work authorization status. An | 18 | | employer is responsible for harassment by the employer's | 19 | | nonmanagerial and nonsupervisory employees only if the | 20 | | employer becomes aware of the conduct and fails to take | 21 | | reasonable corrective measures.
| 22 | | (A-5) Language. For an employer to impose a | 23 | | restriction that has the
effect of prohibiting a language |
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| 1 | | from being spoken by an employee in
communications that | 2 | | are unrelated to the employee's duties.
| 3 | | For the purposes of this subdivision (A-5), "language" | 4 | | means a person's
native tongue, such as Polish, Spanish, | 5 | | or
Chinese.
"Language" does not include such things as | 6 | | slang, jargon, profanity, or
vulgarity.
| 7 | | (A-10) Harassment of nonemployees. For any employer, | 8 | | employment agency, or labor organization to engage in | 9 | | harassment of nonemployees in the workplace. An employer | 10 | | is responsible for harassment of nonemployees by the | 11 | | employer's nonmanagerial and nonsupervisory employees only | 12 | | if the employer becomes aware of the conduct and fails to | 13 | | take reasonable corrective measures. For the purposes of | 14 | | this subdivision (A-10), "nonemployee" means a person who | 15 | | is not otherwise an employee of the employer and is | 16 | | directly performing services for the employer pursuant to | 17 | | a contract with that employer. "Nonemployee" includes | 18 | | contractors and consultants. This subdivision applies to | 19 | | harassment occurring on or after the effective date of | 20 | | this amendatory Act of the 101st General Assembly. | 21 | | (B) Employment agency. For any employment agency to | 22 | | fail or refuse
to classify properly, accept applications | 23 | | and register for employment
referral or apprenticeship | 24 | | referral, refer for employment, or refer for
| 25 | | apprenticeship on the basis of unlawful discrimination, | 26 | | citizenship
status, or work authorization status or to |
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| 1 | | accept from any person any job order, requisition or | 2 | | request
for referral of applicants for employment or | 3 | | apprenticeship which makes or
has the effect of making | 4 | | unlawful discrimination or discrimination on the
basis of | 5 | | citizenship status or work authorization status a | 6 | | condition of referral.
| 7 | | (C) Labor organization. For any labor organization to | 8 | | limit,
segregate or classify its membership, or to limit | 9 | | employment
opportunities, selection and training for | 10 | | apprenticeship in any trade or
craft, or otherwise to | 11 | | take, or fail to take, any action which affects
adversely | 12 | | any person's status as an employee or as an applicant for
| 13 | | employment or as an apprentice, or as an applicant for | 14 | | apprenticeships,
or wages, tenure, hours of employment or | 15 | | apprenticeship conditions on the
basis of unlawful | 16 | | discrimination, citizenship status, or work authorization | 17 | | status.
| 18 | | (D) Sexual harassment. For any employer, employee, | 19 | | agent of any employer,
employment agency or labor | 20 | | organization to engage in sexual harassment;
provided, | 21 | | that an employer shall be responsible for sexual | 22 | | harassment
of the employer's employees by nonemployees or | 23 | | nonmanagerial and nonsupervisory
employees only if the | 24 | | employer becomes aware of the conduct and fails to
take | 25 | | reasonable corrective measures.
| 26 | | (D-5) Sexual harassment of nonemployees. For any |
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| 1 | | employer, employee, agent of any employer, employment | 2 | | agency, or labor organization to engage in sexual | 3 | | harassment of nonemployees in the workplace. An employer | 4 | | is responsible for sexual harassment of nonemployees by | 5 | | the employer's nonmanagerial and nonsupervisory employees | 6 | | only if the employer becomes aware of the conduct and | 7 | | fails to take reasonable corrective measures. For the | 8 | | purposes of this subdivision (D-5), "nonemployee" means a | 9 | | person who is not otherwise an employee of the employer | 10 | | and is directly performing services for the employer | 11 | | pursuant to a contract with that employer. "Nonemployee" | 12 | | includes contractors and consultants. This subdivision | 13 | | applies to sexual harassment occurring on or after the | 14 | | effective date of this amendatory Act of the 101st General | 15 | | Assembly. | 16 | | (E) Public employers. For any public employer to | 17 | | refuse to permit a
public employee under its jurisdiction | 18 | | who takes time off from work in
order to practice his or | 19 | | her religious beliefs to engage in work, during hours
| 20 | | other than such employee's regular working hours, | 21 | | consistent with the
operational needs of the employer and | 22 | | in order to compensate for work time
lost for such | 23 | | religious reasons. Any employee who elects such deferred
| 24 | | work shall be compensated at the wage rate which he or she | 25 | | would have
earned during the originally scheduled work | 26 | | period. The employer may
require that an employee who |
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| 1 | | plans to take time off from work in order to
practice his | 2 | | or her religious beliefs provide the employer with a | 3 | | notice of
his or her intention to be absent from work not | 4 | | exceeding 5 days prior to
the date of absence.
| 5 | | (E-5) Religious discrimination. For any employer to | 6 | | impose upon a person as a condition of obtaining or | 7 | | retaining employment, including opportunities for | 8 | | promotion, advancement, or transfer, any terms or | 9 | | conditions that would require such person to violate or | 10 | | forgo a sincerely held practice of his or her religion | 11 | | including, but not limited to, the wearing of any attire, | 12 | | clothing, or facial hair in accordance with the | 13 | | requirements of his or her religion, unless, after | 14 | | engaging in a bona fide effort, the employer demonstrates | 15 | | that it is unable to reasonably accommodate the employee's | 16 | | or prospective employee's sincerely held religious belief, | 17 | | practice, or observance without undue hardship on the | 18 | | conduct of the employer's business. | 19 | | Nothing in this Section prohibits an employer from | 20 | | enacting a dress code or grooming policy that may include | 21 | | restrictions on attire, clothing, or facial hair to | 22 | | maintain workplace safety or food sanitation. | 23 | | (F) Training and apprenticeship programs. For any | 24 | | employer,
employment agency or labor organization to | 25 | | discriminate against a person on
the basis of age in the | 26 | | selection, referral for or conduct of apprenticeship
or |
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| 1 | | training programs.
| 2 | | (G) Immigration-related practices. | 3 | | (1) for an employer to request for
purposes of | 4 | | satisfying the requirements of Section 1324a(b) of | 5 | | Title 8 of
the United States Code, as now or hereafter | 6 | | amended, more or different
documents than are required | 7 | | under such Section or to refuse to honor
documents | 8 | | tendered that on their face reasonably appear to be | 9 | | genuine or to refuse to honor work authorization based | 10 | | upon the specific status or term of status that | 11 | | accompanies the authorization to work; or
| 12 | | (2) for an employer participating in the E-Verify | 13 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 14 | | Programs for Employment Eligibility Confirmation | 15 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 16 | | refuse to hire, to segregate, or to act with respect to | 17 | | recruitment, hiring, promotion, renewal of employment, | 18 | | selection for training or apprenticeship, discharge, | 19 | | discipline, tenure or terms, privileges or conditions | 20 | | of employment without following the procedures under | 21 | | the E-Verify Program. | 22 | | (H) (Blank).
| 23 | | (I) Pregnancy. For an employer to refuse to hire, to | 24 | | segregate, or to act with respect to recruitment, hiring, | 25 | | promotion, renewal of employment, selection for training | 26 | | or apprenticeship, discharge, discipline, tenure or terms, |
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| 1 | | privileges or conditions of employment on the basis of | 2 | | pregnancy, childbirth, or medical or common conditions | 3 | | related to pregnancy or childbirth. Women affected by | 4 | | pregnancy, childbirth, or medical or common conditions | 5 | | related to pregnancy or childbirth shall be treated the | 6 | | same for all employment-related purposes, including | 7 | | receipt of benefits under fringe benefit programs, as | 8 | | other persons not so affected but similar in their ability | 9 | | or inability to work, regardless of the source of the | 10 | | inability to work or employment classification or status. | 11 | | (J) Pregnancy; reasonable accommodations. | 12 | | (1) If after a job applicant or employee, | 13 | | including a part-time, full-time, or probationary | 14 | | employee, requests a reasonable accommodation, for an | 15 | | employer to not make reasonable accommodations for any | 16 | | medical or common condition of a job applicant or | 17 | | employee related to pregnancy or childbirth, unless | 18 | | the employer can demonstrate that the accommodation | 19 | | would impose an undue hardship on the ordinary | 20 | | operation of the business of the employer. The | 21 | | employer may request documentation from the employee's | 22 | | health care provider concerning the need for the | 23 | | requested reasonable accommodation or accommodations | 24 | | to the same extent documentation is requested for | 25 | | conditions related to disability if the employer's | 26 | | request for documentation is job-related and |
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| 1 | | consistent with business necessity. The employer may | 2 | | require only the medical justification for the | 3 | | requested accommodation or accommodations, a | 4 | | description of the reasonable accommodation or | 5 | | accommodations medically advisable, the date the | 6 | | reasonable accommodation or accommodations became | 7 | | medically advisable, and the probable duration of the | 8 | | reasonable accommodation or accommodations. It is the | 9 | | duty of the individual seeking a reasonable | 10 | | accommodation or accommodations to submit to the | 11 | | employer any documentation that is requested in | 12 | | accordance with this paragraph. Notwithstanding the | 13 | | provisions of this paragraph, the employer may require | 14 | | documentation by the employee's health care provider | 15 | | to determine compliance with other laws. The employee | 16 | | and employer shall engage in a timely, good faith, and | 17 | | meaningful exchange to determine effective reasonable | 18 | | accommodations. | 19 | | (2) For an employer to deny employment | 20 | | opportunities or benefits to or take adverse action | 21 | | against an otherwise qualified job applicant or | 22 | | employee, including a part-time, full-time, or | 23 | | probationary employee, if the denial or adverse action | 24 | | is based on the need of the employer to make reasonable | 25 | | accommodations to the known medical or common | 26 | | conditions related to the pregnancy or childbirth of |
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| 1 | | the applicant or employee. | 2 | | (3) For an employer to require a job applicant or | 3 | | employee, including a part-time, full-time, or | 4 | | probationary employee, affected by pregnancy, | 5 | | childbirth, or medical or common conditions related to | 6 | | pregnancy or childbirth to accept an accommodation | 7 | | when the applicant or employee did not request an | 8 | | accommodation and the applicant or employee chooses | 9 | | not to accept the employer's accommodation. | 10 | | (4) For an employer to require an employee, | 11 | | including a part-time, full-time, or probationary | 12 | | employee, to take leave under any leave law or policy | 13 | | of the employer if another reasonable accommodation | 14 | | can be provided to the known medical or common | 15 | | conditions related to the pregnancy or childbirth of | 16 | | an employee. No employer shall fail or refuse to | 17 | | reinstate the employee affected by pregnancy, | 18 | | childbirth, or medical or common conditions related to | 19 | | pregnancy or childbirth to her original job or to an | 20 | | equivalent position with equivalent pay and | 21 | | accumulated seniority, retirement, fringe benefits, | 22 | | and other applicable service credits upon her | 23 | | signifying her intent to return or when her need for | 24 | | reasonable accommodation ceases, unless the employer | 25 | | can demonstrate that the accommodation would impose an | 26 | | undue hardship on the ordinary operation of the |
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| 1 | | business of the employer. | 2 | | For the purposes of this subdivision (J), "reasonable | 3 | | accommodations" means reasonable modifications or | 4 | | adjustments to the job application process or work | 5 | | environment, or to the manner or circumstances under which | 6 | | the position desired or held is customarily performed, | 7 | | that enable an applicant or employee affected by | 8 | | pregnancy, childbirth, or medical or common conditions | 9 | | related to pregnancy or childbirth to be considered for | 10 | | the position the applicant desires or to perform the | 11 | | essential functions of that position, and may include, but | 12 | | is not limited to: more frequent or longer bathroom | 13 | | breaks, breaks for increased water intake, and breaks for | 14 | | periodic rest; private non-bathroom space for expressing | 15 | | breast milk and breastfeeding; seating; assistance with | 16 | | manual labor; light duty; temporary transfer to a less | 17 | | strenuous or hazardous position; the provision of an | 18 | | accessible worksite; acquisition or modification of | 19 | | equipment; job restructuring; a part-time or modified work | 20 | | schedule; appropriate adjustment or modifications of | 21 | | examinations, training materials, or policies; | 22 | | reassignment to a vacant position; time off to recover | 23 | | from conditions related to childbirth; and leave | 24 | | necessitated by pregnancy, childbirth, or medical or | 25 | | common conditions resulting from pregnancy or childbirth. | 26 | | For the purposes of this subdivision (J), "undue |
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| 1 | | hardship" means an action that is prohibitively expensive | 2 | | or disruptive when considered in light of the following | 3 | | factors: (i) the nature and cost of the accommodation | 4 | | needed; (ii) the overall financial resources of the | 5 | | facility or facilities involved in the provision of the | 6 | | reasonable accommodation, the number of persons employed | 7 | | at the facility, the effect on expenses and resources, or | 8 | | the impact otherwise of the accommodation upon the | 9 | | operation of the facility; (iii) the overall financial | 10 | | resources of the employer, the overall size of the | 11 | | business of the employer with respect to the number of its | 12 | | employees, and the number, type, and location of its | 13 | | facilities; and (iv) the type of operation or operations | 14 | | of the employer, including the composition, structure, and | 15 | | functions of the workforce of the employer, the geographic | 16 | | separateness, administrative, or fiscal relationship of | 17 | | the facility or facilities in question to the employer. | 18 | | The employer has the burden of proving undue hardship. The | 19 | | fact that the employer provides or would be required to | 20 | | provide a similar accommodation to similarly situated | 21 | | employees creates a rebuttable presumption that the | 22 | | accommodation does not impose an undue hardship on the | 23 | | employer. | 24 | | No employer is required by this subdivision (J) to | 25 | | create additional employment that the employer would not | 26 | | otherwise have created, unless the employer does so or |
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| 1 | | would do so for other classes of employees who need | 2 | | accommodation. The employer is not required to discharge | 3 | | any employee, transfer any employee with more seniority, | 4 | | or promote any employee who is not qualified to perform | 5 | | the job, unless the employer does so or would do so to | 6 | | accommodate other classes of employees who need it. | 7 | | (K) Notice. | 8 | | (1) For an employer to fail to post or keep posted | 9 | | in a conspicuous location on the premises of the | 10 | | employer where notices to employees are customarily | 11 | | posted, or fail to include in any employee handbook | 12 | | information concerning an employee's rights under this | 13 | | Article, a notice, to be prepared or approved by the | 14 | | Department, summarizing the requirements of this | 15 | | Article and information pertaining to the filing of a | 16 | | charge, including the right to be free from unlawful | 17 | | discrimination, the right to be free from sexual | 18 | | harassment, and the right to certain reasonable | 19 | | accommodations. The Department shall make the | 20 | | documents required under this paragraph available for | 21 | | retrieval from the Department's website. | 22 | | (2) Upon notification of a violation of paragraph | 23 | | (1) of this subdivision (K), the Department may launch | 24 | | a preliminary investigation. If the Department finds a | 25 | | violation, the Department may issue a notice to show | 26 | | cause giving the employer 30 days to correct the |
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| 1 | | violation. If the violation is not corrected, the | 2 | | Department may initiate a charge of a civil rights | 3 | | violation. | 4 | | (L) Gender. For any employer, employee, agent of any | 5 | | employer, employment agency, labor organization, or public | 6 | | employer to inquire about a job applicant's gender. | 7 | | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
| 8 | | (775 ILCS 5/3-102.2 new) | 9 | | Sec. 3-102.2. Gender. Except as provided in subsection (F) | 10 | | of Section 3-106, it is a civil rights violation for an owner | 11 | | or any other person engaging in a real estate transaction, or | 12 | | for a real estate broker or salesman, to inquire about a | 13 | | buyer's or renter's gender.
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