HB2161 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2161

 

Introduced 2/7/2023, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/2-101
775 ILCS 5/2-102  from Ch. 68, par. 2-102
775 ILCS 5/6-101  from Ch. 68, par. 6-101

    Amends the Illinois Human Rights Act. Provides that it is the public policy of the State to prevent discrimination based on family responsibilities in employment. Defines "family responsibilities" as an employee's actual or perceived provision of care to a family member, whether in the past, present, or future. Provides that it is a civil rights violation for: (1) any employer to refuse to hire, to segregate, to engage in harassment, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of family responsibilities; (2) any employment agency to fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of family responsibilities; and (3) any labor organization to limit, segregate, or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment, or apprenticeship conditions on the basis of family responsibilities. Provides that it is a civil rights violation for a person, or for 2 or more persons, to conspire to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be discrimination based on family responsibilities. Makes conforming changes.


LRB103 04925 LNS 49935 b

 

 

A BILL FOR

 

HB2161LRB103 04925 LNS 49935 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-102, 2-101, 2-102, and 6-101 as follows:
 
6    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7    (Text of Section before amendment by P.A. 102-896)
8    Sec. 1-102. Declaration of Policy. It is the public
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship

 

 

HB2161- 2 -LRB103 04925 LNS 49935 b

1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial
8Status-Real Estate Transactions. To prevent discrimination
9based on familial status in real estate transactions.
10    (E) Public Health, Welfare and Safety. To promote the
11public health, welfare and safety by protecting the interest
12of all people in Illinois in maintaining personal dignity, in
13realizing their full productive capacities, and in furthering
14their interests, rights and privileges as citizens of this
15State.
16    (F) Implementation of Constitutional Guarantees. To secure
17and guarantee the rights established by Sections 17, 18 and 19
18of Article I of the Illinois Constitution of 1970.
19    (G) Equal Opportunity, Affirmative Action. To establish
20Equal Opportunity and Affirmative Action as the policies of
21this State in all of its decisions, programs and activities,
22and to assure that all State departments, boards, commissions
23and instrumentalities rigorously take affirmative action to
24provide equality of opportunity and eliminate the effects of
25past discrimination in the internal affairs of State
26government and in their relations with the public.

 

 

HB2161- 3 -LRB103 04925 LNS 49935 b

1    (H) Unfounded Charges. To protect citizens of this State
2against unfounded charges of unlawful discrimination, sexual
3harassment in employment and sexual harassment in elementary,
4secondary, and higher education, and discrimination based on
5citizenship status or work authorization status in employment.
6(Source: P.A. 102-233, eff. 8-2-21.)
 
7    (Text of Section after amendment by P.A. 102-896)
8    Sec. 1-102. Declaration of Policy. It is the public
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship
24Status-Employment. To prevent discrimination based on
25citizenship status in employment.

 

 

HB2161- 4 -LRB103 04925 LNS 49935 b

1    (C-5) Freedom from Discrimination Based on Work
2Authorization Status-Employment. To prevent discrimination
3based on the specific status or term of status that
4accompanies a legal work authorization.
5    (C-10) Freedom from Discrimination Based on Family
6Responsibilities-Employment. To prevent discrimination based
7on family responsibilities in employment.
8    (D) Freedom from Discrimination Based on Familial Status
9or Source of Income-Real Estate Transactions. To prevent
10discrimination based on familial status or source of income in
11real estate transactions.
12    (E) Public Health, Welfare and Safety. To promote the
13public health, welfare and safety by protecting the interest
14of all people in Illinois in maintaining personal dignity, in
15realizing their full productive capacities, and in furthering
16their interests, rights and privileges as citizens of this
17State.
18    (F) Implementation of Constitutional Guarantees. To secure
19and guarantee the rights established by Sections 17, 18 and 19
20of Article I of the Illinois Constitution of 1970.
21    (G) Equal Opportunity, Affirmative Action. To establish
22Equal Opportunity and Affirmative Action as the policies of
23this State in all of its decisions, programs and activities,
24and to assure that all State departments, boards, commissions
25and instrumentalities rigorously take affirmative action to
26provide equality of opportunity and eliminate the effects of

 

 

HB2161- 5 -LRB103 04925 LNS 49935 b

1past discrimination in the internal affairs of State
2government and in their relations with the public.
3    (H) Unfounded Charges. To protect citizens of this State
4against unfounded charges of unlawful discrimination, sexual
5harassment in employment and sexual harassment in elementary,
6secondary, and higher education, and discrimination based on
7citizenship status, or work authorization status, or family
8responsibilities in employment.
9(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
10    (775 ILCS 5/2-101)
11    Sec. 2-101. Definitions. The following definitions are
12applicable strictly in the context of this Article.
13    (A) Employee.
14        (1) "Employee" includes:
15            (a) Any individual performing services for
16        remuneration within this State for an employer;
17            (b) An apprentice;
18            (c) An applicant for any apprenticeship.
19        For purposes of subsection (D) of Section 2-102 of
20    this Act, "employee" also includes an unpaid intern. An
21    unpaid intern is a person who performs work for an
22    employer under the following circumstances:
23            (i) the employer is not committed to hiring the
24        person performing the work at the conclusion of the
25        intern's tenure;

 

 

HB2161- 6 -LRB103 04925 LNS 49935 b

1            (ii) the employer and the person performing the
2        work agree that the person is not entitled to wages for
3        the work performed; and
4            (iii) the work performed:
5                (I) supplements training given in an
6            educational environment that may enhance the
7            employability of the intern;
8                (II) provides experience for the benefit of
9            the person performing the work;
10                (III) does not displace regular employees;
11                (IV) is performed under the close supervision
12            of existing staff; and
13                (V) provides no immediate advantage to the
14            employer providing the training and may
15            occasionally impede the operations of the
16            employer.
17        (2) "Employee" does not include:
18            (a) (Blank);
19            (b) Individuals employed by persons who are not
20        "employers" as defined by this Act;
21            (c) Elected public officials or the members of
22        their immediate personal staffs;
23            (d) Principal administrative officers of the State
24        or of any political subdivision, municipal corporation
25        or other governmental unit or agency;
26            (e) A person in a vocational rehabilitation

 

 

HB2161- 7 -LRB103 04925 LNS 49935 b

1        facility certified under federal law who has been
2        designated an evaluee, trainee, or work activity
3        client.
4    (B) Employer.
5        (1) "Employer" includes:
6            (a) Any person employing one or more employees
7        within Illinois during 20 or more calendar weeks
8        within the calendar year of or preceding the alleged
9        violation;
10            (b) Any person employing one or more employees
11        when a complainant alleges civil rights violation due
12        to unlawful discrimination based upon his or her
13        physical or mental disability unrelated to ability,
14        pregnancy, or sexual harassment;
15            (c) The State and any political subdivision,
16        municipal corporation or other governmental unit or
17        agency, without regard to the number of employees;
18            (d) Any party to a public contract without regard
19        to the number of employees;
20            (e) A joint apprenticeship or training committee
21        without regard to the number of employees.
22        (2) "Employer" does not include any place of worship,
23    religious corporation, association, educational
24    institution, society, or non-profit nursing institution
25    conducted by and for those who rely upon treatment by
26    prayer through spiritual means in accordance with the

 

 

HB2161- 8 -LRB103 04925 LNS 49935 b

1    tenets of a recognized church or religious denomination
2    with respect to the employment of individuals of a
3    particular religion to perform work connected with the
4    carrying on by such place of worship, corporation,
5    association, educational institution, society or
6    non-profit nursing institution of its activities.
7    (C) Employment Agency. "Employment Agency" includes both
8public and private employment agencies and any person, labor
9organization, or labor union having a hiring hall or hiring
10office regularly undertaking, with or without compensation, to
11procure opportunities to work, or to procure, recruit, refer
12or place employees.
13    (D) Labor Organization. "Labor Organization" includes any
14organization, labor union, craft union, or any voluntary
15unincorporated association designed to further the cause of
16the rights of union labor which is constituted for the
17purpose, in whole or in part, of collective bargaining or of
18dealing with employers concerning grievances, terms or
19conditions of employment, or apprenticeships or applications
20for apprenticeships, or of other mutual aid or protection in
21connection with employment, including apprenticeships or
22applications for apprenticeships.
23    (E) Sexual Harassment. "Sexual harassment" means any
24unwelcome sexual advances or requests for sexual favors or any
25conduct of a sexual nature when (1) submission to such conduct
26is made either explicitly or implicitly a term or condition of

 

 

HB2161- 9 -LRB103 04925 LNS 49935 b

1an individual's employment, (2) submission to or rejection of
2such conduct by an individual is used as the basis for
3employment decisions affecting such individual, or (3) such
4conduct has the purpose or effect of substantially interfering
5with an individual's work performance or creating an
6intimidating, hostile or offensive working environment.
7    For purposes of this definition, the phrase "working
8environment" is not limited to a physical location an employee
9is assigned to perform his or her duties.
10    (E-1) Harassment. "Harassment" means any unwelcome conduct
11on the basis of an individual's actual or perceived race,
12color, religion, national origin, ancestry, age, sex, marital
13status, order of protection status, disability, military
14status, sexual orientation, pregnancy, unfavorable discharge
15from military service, citizenship status, or work
16authorization status, or family responsibilities that has the
17purpose or effect of substantially interfering with the
18individual's work performance or creating an intimidating,
19hostile, or offensive working environment. For purposes of
20this definition, the phrase "working environment" is not
21limited to a physical location an employee is assigned to
22perform his or her duties.
23    (F) Religion. "Religion" with respect to employers
24includes all aspects of religious observance and practice, as
25well as belief, unless an employer demonstrates that he is
26unable to reasonably accommodate an employee's or prospective

 

 

HB2161- 10 -LRB103 04925 LNS 49935 b

1employee's religious observance or practice without undue
2hardship on the conduct of the employer's business.
3    (G) Public Employer. "Public employer" means the State, an
4agency or department thereof, unit of local government, school
5district, instrumentality or political subdivision.
6    (H) Public Employee. "Public employee" means an employee
7of the State, agency or department thereof, unit of local
8government, school district, instrumentality or political
9subdivision. "Public employee" does not include public
10officers or employees of the General Assembly or agencies
11thereof.
12    (I) Public Officer. "Public officer" means a person who is
13elected to office pursuant to the Constitution or a statute or
14ordinance, or who is appointed to an office which is
15established, and the qualifications and duties of which are
16prescribed, by the Constitution or a statute or ordinance, to
17discharge a public duty for the State, agency or department
18thereof, unit of local government, school district,
19instrumentality or political subdivision.
20    (J) Eligible Bidder. "Eligible bidder" means a person who,
21prior to contract award or prior to bid opening for State
22contracts for construction or construction-related services,
23has filed with the Department a properly completed, sworn and
24currently valid employer report form, pursuant to the
25Department's regulations. The provisions of this Article
26relating to eligible bidders apply only to bids on contracts

 

 

HB2161- 11 -LRB103 04925 LNS 49935 b

1with the State and its departments, agencies, boards, and
2commissions, and the provisions do not apply to bids on
3contracts with units of local government or school districts.
4    (K) Citizenship Status. "Citizenship status" means the
5status of being:
6        (1) a born U.S. citizen;
7        (2) a naturalized U.S. citizen;
8        (3) a U.S. national; or
9        (4) a person born outside the United States and not a
10    U.S. citizen who is lawfully present and who is protected
11    from discrimination under the provisions of Section 1324b
12    of Title 8 of the United States Code, as now or hereafter
13    amended.
14    (L) Work Authorization Status. "Work authorization status"
15means the status of being a person born outside of the United
16States, and not a U.S. citizen, who is authorized by the
17federal government to work in the United States.
18    (M) Family Responsibilities. "Family responsibilities"
19means an employee's actual or perceived provision of care to a
20family member, whether in the past, present, or future.
21    (N) Care. "Care" means medical care, psychological
22comfort, supervision, activities of daily living,
23transportation, grocery or pharmacy shopping, meal
24preparation, financial management, financial support,
25communication with health care professionals, management of
26changes in care or living arrangements, and other

 

 

HB2161- 12 -LRB103 04925 LNS 49935 b

1responsibilities of similar importance to daily living.
2    (O) Family Member. "Family member" means:
3        (1) an individual related to the employee by blood,
4    marriage, adoption, foster care or legal custody,
5    including an individual related to the employee's spouse;
6        (2) an individual whose close association with the
7    employee is the equivalent of a family relationship; or
8        (3) an individual who relies on the employee for care.
9(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
10102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
115-27-22.)
 
12    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
13    Sec. 2-102. Civil rights violations - employment. It is a
14civil rights violation:
15        (A) Employers. For any employer to refuse to hire, to
16    segregate, to engage in harassment as defined in
17    subsection (E-1) of Section 2-101, or to act with respect
18    to recruitment, hiring, promotion, renewal of employment,
19    selection for training or apprenticeship, discharge,
20    discipline, tenure or terms, privileges or conditions of
21    employment on the basis of unlawful discrimination,
22    citizenship status, or work authorization status, or
23    family responsibilities. An employer is responsible for
24    harassment by the employer's nonmanagerial and
25    nonsupervisory employees only if the employer becomes

 

 

HB2161- 13 -LRB103 04925 LNS 49935 b

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

 

 

HB2161- 14 -LRB103 04925 LNS 49935 b

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

 

 

HB2161- 15 -LRB103 04925 LNS 49935 b

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

 

 

HB2161- 16 -LRB103 04925 LNS 49935 b

1    in order to compensate for work time lost for such
2    religious reasons. Any employee who elects such deferred
3    work shall be compensated at the wage rate which he or she
4    would have earned during the originally scheduled work
5    period. The employer may require that an employee who
6    plans to take time off from work in order to practice his
7    or her religious beliefs provide the employer with a
8    notice of his or her intention to be absent from work not
9    exceeding 5 days prior to the date of absence.
10        (E-5) Religious discrimination. For any employer to
11    impose upon a person as a condition of obtaining or
12    retaining employment, including opportunities for
13    promotion, advancement, or transfer, any terms or
14    conditions that would require such person to violate or
15    forgo a sincerely held practice of his or her religion
16    including, but not limited to, the wearing of any attire,
17    clothing, or facial hair in accordance with the
18    requirements of his or her religion, unless, after
19    engaging in a bona fide effort, the employer demonstrates
20    that it is unable to reasonably accommodate the employee's
21    or prospective employee's sincerely held religious belief,
22    practice, or observance without undue hardship on the
23    conduct of the employer's business.
24        Nothing in this Section prohibits an employer from
25    enacting a dress code or grooming policy that may include
26    restrictions on attire, clothing, or facial hair to

 

 

HB2161- 17 -LRB103 04925 LNS 49935 b

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

 

 

HB2161- 18 -LRB103 04925 LNS 49935 b

1        (H) (Blank).
2        (I) Pregnancy. For an employer to refuse to hire, to
3    segregate, or to act with respect to recruitment, hiring,
4    promotion, renewal of employment, selection for training
5    or apprenticeship, discharge, discipline, tenure or terms,
6    privileges or conditions of employment on the basis of
7    pregnancy, childbirth, or medical or common conditions
8    related to pregnancy or childbirth. Women affected by
9    pregnancy, childbirth, or medical or common conditions
10    related to pregnancy or childbirth shall be treated the
11    same for all employment-related purposes, including
12    receipt of benefits under fringe benefit programs, as
13    other persons not so affected but similar in their ability
14    or inability to work, regardless of the source of the
15    inability to work or employment classification or status.
16        (J) Pregnancy; reasonable accommodations.
17            (1) If after a job applicant or employee,
18        including a part-time, full-time, or probationary
19        employee, requests a reasonable accommodation, for an
20        employer to not make reasonable accommodations for any
21        medical or common condition of a job applicant or
22        employee related to pregnancy or childbirth, unless
23        the employer can demonstrate that the accommodation
24        would impose an undue hardship on the ordinary
25        operation of the business of the employer. The
26        employer may request documentation from the employee's

 

 

HB2161- 19 -LRB103 04925 LNS 49935 b

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

 

 

HB2161- 20 -LRB103 04925 LNS 49935 b

1        employee, including a part-time, full-time, or
2        probationary employee, if the denial or adverse action
3        is based on the need of the employer to make reasonable
4        accommodations to the known medical or common
5        conditions related to the pregnancy or childbirth of
6        the applicant or employee.
7            (3) For an employer to require a job applicant or
8        employee, including a part-time, full-time, or
9        probationary employee, affected by pregnancy,
10        childbirth, or medical or common conditions related to
11        pregnancy or childbirth to accept an accommodation
12        when the applicant or employee did not request an
13        accommodation and the applicant or employee chooses
14        not to accept the employer's accommodation.
15            (4) For an employer to require an employee,
16        including a part-time, full-time, or probationary
17        employee, to take leave under any leave law or policy
18        of the employer if another reasonable accommodation
19        can be provided to the known medical or common
20        conditions related to the pregnancy or childbirth of
21        an employee. No employer shall fail or refuse to
22        reinstate the employee affected by pregnancy,
23        childbirth, or medical or common conditions related to
24        pregnancy or childbirth to her original job or to an
25        equivalent position with equivalent pay and
26        accumulated seniority, retirement, fringe benefits,

 

 

HB2161- 21 -LRB103 04925 LNS 49935 b

1        and other applicable service credits upon her
2        signifying her intent to return or when her need for
3        reasonable accommodation ceases, unless the employer
4        can demonstrate that the accommodation would impose an
5        undue hardship on the ordinary operation of the
6        business of the employer.
7        For the purposes of this subdivision (J), "reasonable
8    accommodations" means reasonable modifications or
9    adjustments to the job application process or work
10    environment, or to the manner or circumstances under which
11    the position desired or held is customarily performed,
12    that enable an applicant or employee affected by
13    pregnancy, childbirth, or medical or common conditions
14    related to pregnancy or childbirth to be considered for
15    the position the applicant desires or to perform the
16    essential functions of that position, and may include, but
17    is not limited to: more frequent or longer bathroom
18    breaks, breaks for increased water intake, and breaks for
19    periodic rest; private non-bathroom space for expressing
20    breast milk and breastfeeding; seating; assistance with
21    manual labor; light duty; temporary transfer to a less
22    strenuous or hazardous position; the provision of an
23    accessible worksite; acquisition or modification of
24    equipment; job restructuring; a part-time or modified work
25    schedule; appropriate adjustment or modifications of
26    examinations, training materials, or policies;

 

 

HB2161- 22 -LRB103 04925 LNS 49935 b

1    reassignment to a vacant position; time off to recover
2    from conditions related to childbirth; and leave
3    necessitated by pregnancy, childbirth, or medical or
4    common conditions resulting from pregnancy or childbirth.
5        For the purposes of this subdivision (J), "undue
6    hardship" means an action that is prohibitively expensive
7    or disruptive when considered in light of the following
8    factors: (i) the nature and cost of the accommodation
9    needed; (ii) the overall financial resources of the
10    facility or facilities involved in the provision of the
11    reasonable accommodation, the number of persons employed
12    at the facility, the effect on expenses and resources, or
13    the impact otherwise of the accommodation upon the
14    operation of the facility; (iii) the overall financial
15    resources of the employer, the overall size of the
16    business of the employer with respect to the number of its
17    employees, and the number, type, and location of its
18    facilities; and (iv) the type of operation or operations
19    of the employer, including the composition, structure, and
20    functions of the workforce of the employer, the geographic
21    separateness, administrative, or fiscal relationship of
22    the facility or facilities in question to the employer.
23    The employer has the burden of proving undue hardship. The
24    fact that the employer provides or would be required to
25    provide a similar accommodation to similarly situated
26    employees creates a rebuttable presumption that the

 

 

HB2161- 23 -LRB103 04925 LNS 49935 b

1    accommodation does not impose an undue hardship on the
2    employer.
3        No employer is required by this subdivision (J) to
4    create additional employment that the employer would not
5    otherwise have created, unless the employer does so or
6    would do so for other classes of employees who need
7    accommodation. The employer is not required to discharge
8    any employee, transfer any employee with more seniority,
9    or promote any employee who is not qualified to perform
10    the job, unless the employer does so or would do so to
11    accommodate other classes of employees who need it.
12        (K) Notice.
13            (1) For an employer to fail to post or keep posted
14        in a conspicuous location on the premises of the
15        employer where notices to employees are customarily
16        posted, or fail to include in any employee handbook
17        information concerning an employee's rights under this
18        Article, a notice, to be prepared or approved by the
19        Department, summarizing the requirements of this
20        Article and information pertaining to the filing of a
21        charge, including the right to be free from unlawful
22        discrimination, the right to be free from sexual
23        harassment, and the right to certain reasonable
24        accommodations. The Department shall make the
25        documents required under this paragraph available for
26        retrieval from the Department's website.

 

 

HB2161- 24 -LRB103 04925 LNS 49935 b

1            (2) Upon notification of a violation of paragraph
2        (1) of this subdivision (K), the Department may launch
3        a preliminary investigation. If the Department finds a
4        violation, the Department may issue a notice to show
5        cause giving the employer 30 days to correct the
6        violation. If the violation is not corrected, the
7        Department may initiate a charge of a civil rights
8        violation.
9(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
 
10    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
11    Sec. 6-101. Additional civil rights violations under
12Articles 2, 4, 5, and 5A. It is a civil rights violation for a
13person, or for 2 or more persons, to conspire to:
14        (A) Retaliation. Retaliate against a person because he
15    or she has opposed that which he or she reasonably and in
16    good faith believes to be unlawful discrimination, sexual
17    harassment in employment, sexual harassment in elementary,
18    secondary, and higher education, or discrimination based
19    on arrest record, citizenship status, or work
20    authorization status, or family responsibilities in
21    employment under Articles 2, 4, 5, and 5A, because he or
22    she has made a charge, filed a complaint, testified,
23    assisted, or participated in an investigation, proceeding,
24    or hearing under this Act, or because he or she has
25    requested, attempted to request, used, or attempted to use

 

 

HB2161- 25 -LRB103 04925 LNS 49935 b

1    a reasonable accommodation as allowed by this Act;
2        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
3    or coerce a person to commit any violation of this Act;
4        (C) Interference. Wilfully interfere with the
5    performance of a duty or the exercise of a power by the
6    Commission or one of its members or representatives or the
7    Department or one of its officers or employees.
8    Definitions. For the purposes of this Section, "sexual
9harassment", "citizenship status", and "work authorization
10status", and "family responsibilities" shall have the same
11meaning as defined in Section 2-101 of this Act.
12(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
13102-813, eff. 5-13-22.)
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.