Full Text of HB3773 103rd General Assembly
HB3773 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3773 Introduced 2/17/2023, by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/2-101 | | 775 ILCS 5/2-102 | from Ch. 68, par. 2-102 | 815 ILCS 505/2BBBB new | |
|
Amends the Illinois Human Rights Act. Provides that an employer that uses predictive data analytics in its employment decisions may not consider the applicant's race or zip code when used as a proxy for race to reject an applicant in the context of recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment. Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow the use of information about the consumer that assigns specific risk factors to the consumer's race or zip code resulting in rejection of credit or other adverse credit-related action to a consumer. Provides that a person or entity that uses predictive data analytics to determine the creditworthiness of more than 50 consumers in a calendar year who are State residents shall devise procedures to ensure that it does not consider information that assigns specific risk factors to a consumer's race or zip code when rejecting or taking other adverse action on a consumer's application for credit. Provides that a person or entity that violates the provisions commits an unlawful practice within the meaning of the Act.
|
| |
| | A BILL FOR |
|
| | | HB3773 | | LRB103 27562 SPS 53938 b |
|
| 1 | | AN ACT concerning business.
| 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 Sections 2-101 and 2-102 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 |
| | | HB3773 | - 2 - | LRB103 27562 SPS 53938 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 |
| | | HB3773 | - 3 - | LRB103 27562 SPS 53938 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 |
| | | HB3773 | - 4 - | LRB103 27562 SPS 53938 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
|
| | | HB3773 | - 5 - | LRB103 27562 SPS 53938 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, citizenship status, or work | 14 | | authorization status that has the purpose or effect of | 15 | | substantially interfering with the individual's work | 16 | | performance or creating an intimidating, hostile, or offensive | 17 | | working environment. For purposes of this definition, the | 18 | | phrase "working environment" is not limited to a physical | 19 | | location an employee is assigned to 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 |
| | | HB3773 | - 6 - | LRB103 27562 SPS 53938 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.
|
| | | HB3773 | - 7 - | LRB103 27562 SPS 53938 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 lawfully present and who is protected | 8 | | from discrimination under
the provisions of Section 1324b | 9 | | of Title 8 of the United States Code, as
now or hereafter | 10 | | amended.
| 11 | | (L) Work Authorization Status. "Work authorization status" | 12 | | means the status of being a person born outside of the United | 13 | | States, and not a U.S. citizen, who is authorized by the | 14 | | federal government to work in the United States. | 15 | | (M) Predictive Data Analytics. "Predictive data analytics" | 16 | | means the use of automated machine learning algorithms for the | 17 | | purpose of statistically analyzing a person's behavior. | 18 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 19 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | 20 | | 5-27-22.)
| 21 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 22 | | Sec. 2-102. Civil rights violations - employment. It is a | 23 | | civil
rights violation:
| 24 | | (A) Employers. For any employer to refuse to hire, to | 25 | | segregate, to engage in harassment as defined in |
| | | HB3773 | - 8 - | LRB103 27562 SPS 53938 b |
|
| 1 | | subsection (E-1) of Section 2-101, or
to act with respect | 2 | | to recruitment, hiring, promotion, renewal of employment,
| 3 | | selection for training or apprenticeship, discharge, | 4 | | discipline, tenure or
terms, privileges or conditions of | 5 | | employment on the basis of unlawful
discrimination, | 6 | | citizenship status, or work authorization status. An | 7 | | employer is responsible for harassment by the employer's | 8 | | nonmanagerial and nonsupervisory employees only if the | 9 | | employer becomes aware of the conduct and fails to take | 10 | | reasonable corrective measures.
| 11 | | (A-5) Language. For an employer to impose a | 12 | | restriction that has the
effect of prohibiting a language | 13 | | from being spoken by an employee in
communications that | 14 | | are unrelated to the employee's duties.
| 15 | | For the purposes of this subdivision (A-5), "language" | 16 | | means a person's
native tongue, such as Polish, Spanish, | 17 | | or
Chinese.
"Language" does not include such things as | 18 | | slang, jargon, profanity, or
vulgarity.
| 19 | | (A-10) Harassment of nonemployees. For any employer, | 20 | | employment agency, or labor organization to engage in | 21 | | harassment of nonemployees in the workplace. An employer | 22 | | is responsible for harassment of nonemployees by the | 23 | | employer's nonmanagerial and nonsupervisory employees only | 24 | | if the employer becomes aware of the conduct and fails to | 25 | | take reasonable corrective measures. For the purposes of | 26 | | this subdivision (A-10), "nonemployee" means a person who |
| | | HB3773 | - 9 - | LRB103 27562 SPS 53938 b |
|
| 1 | | is not otherwise an employee of the employer and is | 2 | | directly performing services for the employer pursuant to | 3 | | a contract with that employer. "Nonemployee" includes | 4 | | contractors and consultants. This subdivision applies to | 5 | | harassment occurring on or after the effective date of | 6 | | this amendatory Act of the 101st General Assembly. | 7 | | (B) Employment agency. For any employment agency to | 8 | | fail or refuse
to classify properly, accept applications | 9 | | and register for employment
referral or apprenticeship | 10 | | referral, refer for employment, or refer for
| 11 | | apprenticeship on the basis of unlawful discrimination, | 12 | | citizenship
status, or work authorization status or to | 13 | | accept from any person any job order, requisition or | 14 | | request
for referral of applicants for employment or | 15 | | apprenticeship which makes or
has the effect of making | 16 | | unlawful discrimination or discrimination on the
basis of | 17 | | citizenship status or work authorization status a | 18 | | condition of referral.
| 19 | | (C) Labor organization. For any labor organization to | 20 | | limit,
segregate or classify its membership, or to limit | 21 | | employment
opportunities, selection and training for | 22 | | apprenticeship in any trade or
craft, or otherwise to | 23 | | take, or fail to take, any action which affects
adversely | 24 | | any person's status as an employee or as an applicant for
| 25 | | employment or as an apprentice, or as an applicant for | 26 | | apprenticeships,
or wages, tenure, hours of employment or |
| | | HB3773 | - 10 - | LRB103 27562 SPS 53938 b |
|
| 1 | | apprenticeship conditions on the
basis of unlawful | 2 | | discrimination, citizenship status, or work authorization | 3 | | status.
| 4 | | (D) Sexual harassment. For any employer, employee, | 5 | | agent of any employer,
employment agency or labor | 6 | | organization to engage in sexual harassment;
provided, | 7 | | that an employer shall be responsible for sexual | 8 | | harassment
of the employer's employees by nonemployees or | 9 | | nonmanagerial and nonsupervisory
employees only if the | 10 | | employer becomes aware of the conduct and fails to
take | 11 | | reasonable corrective measures.
| 12 | | (D-5) Sexual harassment of nonemployees. For any | 13 | | employer, employee, agent of any employer, employment | 14 | | agency, or labor organization to engage in sexual | 15 | | harassment of nonemployees in the workplace. An employer | 16 | | is responsible for sexual harassment of nonemployees by | 17 | | the employer's nonmanagerial and nonsupervisory employees | 18 | | only if the employer becomes aware of the conduct and | 19 | | fails to take reasonable corrective measures. For the | 20 | | purposes of this subdivision (D-5), "nonemployee" means a | 21 | | person who is not otherwise an employee of the employer | 22 | | and is directly performing services for the employer | 23 | | pursuant to a contract with that employer. "Nonemployee" | 24 | | includes contractors and consultants. This subdivision | 25 | | applies to sexual harassment occurring on or after the | 26 | | effective date of this amendatory Act of the 101st General |
| | | HB3773 | - 11 - | LRB103 27562 SPS 53938 b |
|
| 1 | | Assembly. | 2 | | (E) Public employers. For any public employer to | 3 | | refuse to permit a
public employee under its jurisdiction | 4 | | who takes time off from work in
order to practice his or | 5 | | her religious beliefs to engage in work, during hours
| 6 | | other than such employee's regular working hours, | 7 | | consistent with the
operational needs of the employer and | 8 | | in order to compensate for work time
lost for such | 9 | | religious reasons. Any employee who elects such deferred
| 10 | | work shall be compensated at the wage rate which he or she | 11 | | would have
earned during the originally scheduled work | 12 | | period. The employer may
require that an employee who | 13 | | plans to take time off from work in order to
practice his | 14 | | or her religious beliefs provide the employer with a | 15 | | notice of
his or her intention to be absent from work not | 16 | | exceeding 5 days prior to
the date of absence.
| 17 | | (E-5) Religious discrimination. For any employer to | 18 | | impose upon a person as a condition of obtaining or | 19 | | retaining employment, including opportunities for | 20 | | promotion, advancement, or transfer, any terms or | 21 | | conditions that would require such person to violate or | 22 | | forgo a sincerely held practice of his or her religion | 23 | | including, but not limited to, the wearing of any attire, | 24 | | clothing, or facial hair in accordance with the | 25 | | requirements of his or her religion, unless, after | 26 | | engaging in a bona fide effort, the employer demonstrates |
| | | HB3773 | - 12 - | LRB103 27562 SPS 53938 b |
|
| 1 | | that it is unable to reasonably accommodate the employee's | 2 | | or prospective employee's sincerely held religious belief, | 3 | | practice, or observance without undue hardship on the | 4 | | conduct of the employer's business. | 5 | | Nothing in this Section prohibits an employer from | 6 | | enacting a dress code or grooming policy that may include | 7 | | restrictions on attire, clothing, or facial hair to | 8 | | maintain workplace safety or food sanitation. | 9 | | (F) Training and apprenticeship programs. For any | 10 | | employer,
employment agency or labor organization to | 11 | | discriminate against a person on
the basis of age in the | 12 | | selection, referral for or conduct of apprenticeship
or | 13 | | training programs.
| 14 | | (G) Immigration-related practices. | 15 | | (1) for an employer to request for
purposes of | 16 | | satisfying the requirements of Section 1324a(b) of | 17 | | Title 8 of
the United States Code, as now or hereafter | 18 | | amended, more or different
documents than are required | 19 | | under such Section or to refuse to honor
documents | 20 | | tendered that on their face reasonably appear to be | 21 | | genuine or to refuse to honor work authorization based | 22 | | upon the specific status or term of status that | 23 | | accompanies the authorization to work; or
| 24 | | (2) for an employer participating in the E-Verify | 25 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 26 | | Programs for Employment Eligibility Confirmation |
| | | HB3773 | - 13 - | LRB103 27562 SPS 53938 b |
|
| 1 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 2 | | refuse to hire, to segregate, or to act with respect to | 3 | | recruitment, hiring, promotion, renewal of employment, | 4 | | selection for training or apprenticeship, discharge, | 5 | | discipline, tenure or terms, privileges or conditions | 6 | | of employment without following the procedures under | 7 | | the E-Verify Program. | 8 | | (H) (Blank).
| 9 | | (I) Pregnancy. For an employer to refuse to hire, to | 10 | | segregate, or to act with respect to recruitment, hiring, | 11 | | promotion, renewal of employment, selection for training | 12 | | or apprenticeship, discharge, discipline, tenure or terms, | 13 | | privileges or conditions of employment on the basis of | 14 | | pregnancy, childbirth, or medical or common conditions | 15 | | related to pregnancy or childbirth. Women affected by | 16 | | pregnancy, childbirth, or medical or common conditions | 17 | | related to pregnancy or childbirth shall be treated the | 18 | | same for all employment-related purposes, including | 19 | | receipt of benefits under fringe benefit programs, as | 20 | | other persons not so affected but similar in their ability | 21 | | or inability to work, regardless of the source of the | 22 | | inability to work or employment classification or status. | 23 | | (J) Pregnancy; reasonable accommodations. | 24 | | (1) If after a job applicant or employee, | 25 | | including a part-time, full-time, or probationary | 26 | | employee, requests a reasonable accommodation, for an |
| | | HB3773 | - 14 - | LRB103 27562 SPS 53938 b |
|
| 1 | | employer to not make reasonable accommodations for any | 2 | | medical or common condition of a job applicant or | 3 | | employee related to pregnancy or childbirth, unless | 4 | | the employer can demonstrate that the accommodation | 5 | | would impose an undue hardship on the ordinary | 6 | | operation of the business of the employer. The | 7 | | employer may request documentation from the employee's | 8 | | health care provider concerning the need for the | 9 | | requested reasonable accommodation or accommodations | 10 | | to the same extent documentation is requested for | 11 | | conditions related to disability if the employer's | 12 | | request for documentation is job-related and | 13 | | consistent with business necessity. The employer may | 14 | | require only the medical justification for the | 15 | | requested accommodation or accommodations, a | 16 | | description of the reasonable accommodation or | 17 | | accommodations medically advisable, the date the | 18 | | reasonable accommodation or accommodations became | 19 | | medically advisable, and the probable duration of the | 20 | | reasonable accommodation or accommodations. It is the | 21 | | duty of the individual seeking a reasonable | 22 | | accommodation or accommodations to submit to the | 23 | | employer any documentation that is requested in | 24 | | accordance with this paragraph. Notwithstanding the | 25 | | provisions of this paragraph, the employer may require | 26 | | documentation by the employee's health care provider |
| | | HB3773 | - 15 - | LRB103 27562 SPS 53938 b |
|
| 1 | | to determine compliance with other laws. The employee | 2 | | and employer shall engage in a timely, good faith, and | 3 | | meaningful exchange to determine effective reasonable | 4 | | accommodations. | 5 | | (2) For an employer to deny employment | 6 | | opportunities or benefits to or take adverse action | 7 | | against an otherwise qualified job applicant or | 8 | | employee, including a part-time, full-time, or | 9 | | probationary employee, if the denial or adverse action | 10 | | is based on the need of the employer to make reasonable | 11 | | accommodations to the known medical or common | 12 | | conditions related to the pregnancy or childbirth of | 13 | | the applicant or employee. | 14 | | (3) For an employer to require a job applicant or | 15 | | employee, including a part-time, full-time, or | 16 | | probationary employee, affected by pregnancy, | 17 | | childbirth, or medical or common conditions related to | 18 | | pregnancy or childbirth to accept an accommodation | 19 | | when the applicant or employee did not request an | 20 | | accommodation and the applicant or employee chooses | 21 | | not to accept the employer's accommodation. | 22 | | (4) For an employer to require an employee, | 23 | | including a part-time, full-time, or probationary | 24 | | employee, to take leave under any leave law or policy | 25 | | of the employer if another reasonable accommodation | 26 | | can be provided to the known medical or common |
| | | HB3773 | - 16 - | LRB103 27562 SPS 53938 b |
|
| 1 | | conditions related to the pregnancy or childbirth of | 2 | | an employee. No employer shall fail or refuse to | 3 | | reinstate the employee affected by pregnancy, | 4 | | childbirth, or medical or common conditions related to | 5 | | pregnancy or childbirth to her original job or to an | 6 | | equivalent position with equivalent pay and | 7 | | accumulated seniority, retirement, fringe benefits, | 8 | | and other applicable service credits upon her | 9 | | signifying her intent to return or when her need for | 10 | | reasonable accommodation ceases, unless the employer | 11 | | can demonstrate that the accommodation would impose an | 12 | | undue hardship on the ordinary operation of the | 13 | | business of the employer. | 14 | | For the purposes of this subdivision (J), "reasonable | 15 | | accommodations" means reasonable modifications or | 16 | | adjustments to the job application process or work | 17 | | environment, or to the manner or circumstances under which | 18 | | the position desired or held is customarily performed, | 19 | | that enable an applicant or employee affected by | 20 | | pregnancy, childbirth, or medical or common conditions | 21 | | related to pregnancy or childbirth to be considered for | 22 | | the position the applicant desires or to perform the | 23 | | essential functions of that position, and may include, but | 24 | | is not limited to: more frequent or longer bathroom | 25 | | breaks, breaks for increased water intake, and breaks for | 26 | | periodic rest; private non-bathroom space for expressing |
| | | HB3773 | - 17 - | LRB103 27562 SPS 53938 b |
|
| 1 | | breast milk and breastfeeding; seating; assistance with | 2 | | manual labor; light duty; temporary transfer to a less | 3 | | strenuous or hazardous position; the provision of an | 4 | | accessible worksite; acquisition or modification of | 5 | | equipment; job restructuring; a part-time or modified work | 6 | | schedule; appropriate adjustment or modifications of | 7 | | examinations, training materials, or policies; | 8 | | reassignment to a vacant position; time off to recover | 9 | | from conditions related to childbirth; and leave | 10 | | necessitated by pregnancy, childbirth, or medical or | 11 | | common conditions resulting from pregnancy or childbirth. | 12 | | For the purposes of this subdivision (J), "undue | 13 | | hardship" means an action that is prohibitively expensive | 14 | | or disruptive when considered in light of the following | 15 | | factors: (i) the nature and cost of the accommodation | 16 | | needed; (ii) the overall financial resources of the | 17 | | facility or facilities involved in the provision of the | 18 | | reasonable accommodation, the number of persons employed | 19 | | at the facility, the effect on expenses and resources, or | 20 | | the impact otherwise of the accommodation upon the | 21 | | operation of the facility; (iii) the overall financial | 22 | | resources of the employer, the overall size of the | 23 | | business of the employer with respect to the number of its | 24 | | employees, and the number, type, and location of its | 25 | | facilities; and (iv) the type of operation or operations | 26 | | of the employer, including the composition, structure, and |
| | | HB3773 | - 18 - | LRB103 27562 SPS 53938 b |
|
| 1 | | functions of the workforce of the employer, the geographic | 2 | | separateness, administrative, or fiscal relationship of | 3 | | the facility or facilities in question to the employer. | 4 | | The employer has the burden of proving undue hardship. The | 5 | | fact that the employer provides or would be required to | 6 | | provide a similar accommodation to similarly situated | 7 | | employees creates a rebuttable presumption that the | 8 | | accommodation does not impose an undue hardship on the | 9 | | employer. | 10 | | No employer is required by this subdivision (J) to | 11 | | create additional employment that the employer would not | 12 | | otherwise have created, unless the employer does so or | 13 | | would do so for other classes of employees who need | 14 | | accommodation. The employer is not required to discharge | 15 | | any employee, transfer any employee with more seniority, | 16 | | or promote any employee who is not qualified to perform | 17 | | the job, unless the employer does so or would do so to | 18 | | accommodate other classes of employees who need it. | 19 | | (K) Notice. | 20 | | (1) For an employer to fail to post or keep posted | 21 | | in a conspicuous location on the premises of the | 22 | | employer where notices to employees are customarily | 23 | | posted, or fail to include in any employee handbook | 24 | | information concerning an employee's rights under this | 25 | | Article, a notice, to be prepared or approved by the | 26 | | Department, summarizing the requirements of this |
| | | HB3773 | - 19 - | LRB103 27562 SPS 53938 b |
|
| 1 | | Article and information pertaining to the filing of a | 2 | | charge, including the right to be free from unlawful | 3 | | discrimination, the right to be free from sexual | 4 | | harassment, and the right to certain reasonable | 5 | | accommodations. The Department shall make the | 6 | | documents required under this paragraph available for | 7 | | retrieval from the Department's website. | 8 | | (2) Upon notification of a violation of paragraph | 9 | | (1) of this subdivision (K), the Department may launch | 10 | | a preliminary investigation. If the Department finds a | 11 | | violation, the Department may issue a notice to show | 12 | | cause giving the employer 30 days to correct the | 13 | | violation. If the violation is not corrected, the | 14 | | Department may initiate a charge of a civil rights | 15 | | violation. | 16 | | (L) Predictive Data Analytics. | 17 | | (1) An employer that uses predictive data | 18 | | analytics in its employment decisions may not consider | 19 | | the applicant's race or zip code when used as a proxy | 20 | | for race to reject an applicant in the context of | 21 | | recruiting, hiring, promotion, renewal of employment, | 22 | | selection for training or apprenticeship, discharge, | 23 | | discipline, tenure or terms, privileges, or conditions | 24 | | of employment. | 25 | | (2) Nothing in this Act shall be construed to | 26 | | prevent the use of predictive data analytics to |
| | | HB3773 | - 20 - | LRB103 27562 SPS 53938 b |
|
| 1 | | support the inclusion of diverse candidates in making | 2 | | employment decisions. | 3 | | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
| 4 | | Section 10. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by adding Section 2BBBB as follows: | 6 | | (815 ILCS 505/2BBBB new) | 7 | | Sec. 2BBBB. Creditworthiness; use of predictive analytics. | 8 | | (a) In this Section, "predictive data analytics" means the | 9 | | use of automated machine learning algorithms for the purpose | 10 | | of statistically analyzing a person's behavior. | 11 | | (b) A person or entity that relies either partially or | 12 | | fully on predictive data analytics to determine a consumer's | 13 | | creditworthiness may not allow the use of information about | 14 | | the consumer that assigns specific risk factors to the | 15 | | consumer's race or zip code resulting in rejection of credit | 16 | | or other adverse credit-related action to a consumer. | 17 | | (c) A person or entity that uses predictive data analytics | 18 | | to determine the creditworthiness of more than 50 consumers in | 19 | | a calendar year who are State residents shall, within 90 days | 20 | | after the effective date of this amendatory Act of the 103rd | 21 | | General Assembly, devise procedures to ensure that it does not | 22 | | consider information that assigns specific risk factors to a | 23 | | consumer's race or zip code when rejecting or taking other | 24 | | adverse action on a consumer's application for credit. |
| | | HB3773 | - 21 - | LRB103 27562 SPS 53938 b |
|
| 1 | | (d) A person or entity that violates this Section commits | 2 | | an unlawful practice within the meaning of this Act.
|
|