Full Text of HB3773 103rd General Assembly
HB3773sam002 103RD GENERAL ASSEMBLY | Sen. Javier L. Cervantes Filed: 5/10/2024 | | 10300HB3773sam002 | | LRB103 27562 SPS 73322 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3773
| 2 | | AMENDMENT NO. ______. Amend House Bill 3773 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 2-101 and 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 |
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| 1 | | unpaid intern is a person who performs work for an | 2 | | employer under the following circumstances: | 3 | | (i) the employer is not committed to hiring the | 4 | | person performing the work at the conclusion of the | 5 | | intern's tenure; | 6 | | (ii) the employer and the person performing the | 7 | | work agree that the person is not entitled to wages for | 8 | | the work performed; and | 9 | | (iii) the work performed: | 10 | | (I) supplements training given in an | 11 | | educational environment that may enhance the | 12 | | employability of the intern; | 13 | | (II) provides experience for the benefit of | 14 | | the person performing the work; | 15 | | (III) does not displace regular employees; | 16 | | (IV) is performed under the close supervision | 17 | | of existing staff; and | 18 | | (V) provides no immediate advantage to the | 19 | | employer providing the training and may | 20 | | occasionally impede the operations of the | 21 | | employer. | 22 | | (2) "Employee" does not include: | 23 | | (a) (Blank); | 24 | | (b) Individuals employed by persons who are not | 25 | | "employers" as defined by this Act; | 26 | | (c) Elected public officials or the members of |
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| 1 | | their immediate personal staffs; | 2 | | (d) Principal administrative officers of the State | 3 | | or of any political subdivision, municipal corporation | 4 | | or other governmental unit or agency; | 5 | | (e) A person in a vocational rehabilitation | 6 | | facility certified under federal law who has been | 7 | | designated an evaluee, trainee, or work activity | 8 | | client. | 9 | | (B) Employer. | 10 | | (1) "Employer" includes: | 11 | | (a) Any person employing one or more employees | 12 | | within Illinois during 20 or more calendar weeks | 13 | | within the calendar year of or preceding the alleged | 14 | | violation; | 15 | | (b) Any person employing one or more employees | 16 | | when a complainant alleges civil rights violation due | 17 | | to unlawful discrimination based upon his or her | 18 | | physical or mental disability unrelated to ability, | 19 | | pregnancy, or sexual harassment; | 20 | | (c) The State and any political subdivision, | 21 | | municipal corporation or other governmental unit or | 22 | | agency, without regard to the number of employees; | 23 | | (d) Any party to a public contract without regard | 24 | | to the number of employees; | 25 | | (e) A joint apprenticeship or training committee | 26 | | without regard to the number of employees. |
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| 1 | | (2) "Employer" does not include any place of worship, | 2 | | religious corporation, association, educational | 3 | | institution, society, or non-profit nursing institution | 4 | | conducted by and for those who rely upon treatment by | 5 | | prayer through spiritual means in accordance with the | 6 | | tenets of a recognized church or religious denomination | 7 | | with respect to the employment of individuals of a | 8 | | particular religion to perform work connected with the | 9 | | carrying on by such place of worship, corporation, | 10 | | association, educational institution, society or | 11 | | non-profit nursing institution of its activities. | 12 | | (C) Employment Agency. "Employment Agency" includes both | 13 | | public and private employment agencies and any person, labor | 14 | | organization, or labor union having a hiring hall or hiring | 15 | | office regularly undertaking, with or without compensation, to | 16 | | procure opportunities to work, or to procure, recruit, refer | 17 | | or place employees. | 18 | | (D) Labor Organization. "Labor Organization" includes any | 19 | | organization, labor union, craft union, or any voluntary | 20 | | unincorporated association designed to further the cause of | 21 | | the rights of union labor which is constituted for the | 22 | | purpose, in whole or in part, of collective bargaining or of | 23 | | dealing with employers concerning grievances, terms or | 24 | | conditions of employment, or apprenticeships or applications | 25 | | for apprenticeships, or of other mutual aid or protection in | 26 | | connection with employment, including apprenticeships or |
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| 1 | | applications for apprenticeships. | 2 | | (E) Sexual Harassment. "Sexual harassment" means any | 3 | | unwelcome sexual advances or requests for sexual favors or any | 4 | | conduct of a sexual nature when (1) submission to such conduct | 5 | | is made either explicitly or implicitly a term or condition of | 6 | | an individual's employment, (2) submission to or rejection of | 7 | | such conduct by an individual is used as the basis for | 8 | | employment decisions affecting such individual, or (3) such | 9 | | conduct has the purpose or effect of substantially interfering | 10 | | with an individual's work performance or creating an | 11 | | intimidating, hostile or offensive working environment. | 12 | | For purposes of this definition, the phrase "working | 13 | | environment" is not limited to a physical location an employee | 14 | | is assigned to perform his or her duties. | 15 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 16 | | on the basis of an individual's actual or perceived race, | 17 | | color, religion, national origin, ancestry, age, sex, marital | 18 | | status, order of protection status, disability, military | 19 | | status, sexual orientation, pregnancy, unfavorable discharge | 20 | | from military service, citizenship status, or work | 21 | | authorization status that has the purpose or effect of | 22 | | substantially interfering with the individual's work | 23 | | performance or creating an intimidating, hostile, or offensive | 24 | | working environment. For purposes of this definition, the | 25 | | phrase "working environment" is not limited to a physical | 26 | | location an employee is assigned to perform his or her duties. |
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| 1 | | (F) Religion. "Religion" with respect to employers | 2 | | includes all aspects of religious observance and practice, as | 3 | | well as belief, unless an employer demonstrates that he is | 4 | | unable to reasonably accommodate an employee's or prospective | 5 | | employee's religious observance or practice without undue | 6 | | hardship on the conduct of the employer's business. | 7 | | (G) Public Employer. "Public employer" means the State, an | 8 | | agency or department thereof, unit of local government, school | 9 | | district, instrumentality or political subdivision. | 10 | | (H) Public Employee. "Public employee" means an employee | 11 | | of the State, agency or department thereof, unit of local | 12 | | government, school district, instrumentality or political | 13 | | subdivision. "Public employee" does not include public | 14 | | officers or employees of the General Assembly or agencies | 15 | | thereof. | 16 | | (I) Public Officer. "Public officer" means a person who is | 17 | | elected to office pursuant to the Constitution or a statute or | 18 | | ordinance, or who is appointed to an office which is | 19 | | established, and the qualifications and duties of which are | 20 | | prescribed, by the Constitution or a statute or ordinance, to | 21 | | discharge a public duty for the State, agency or department | 22 | | thereof, unit of local government, school district, | 23 | | instrumentality or political subdivision. | 24 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 25 | | prior to contract award or prior to bid opening for State | 26 | | contracts for construction or construction-related services, |
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| 1 | | has filed with the Department a properly completed, sworn and | 2 | | currently valid employer report form, pursuant to the | 3 | | Department's regulations. The provisions of this Article | 4 | | relating to eligible bidders apply only to bids on contracts | 5 | | with the State and its departments, agencies, boards, and | 6 | | commissions, and the provisions do not apply to bids on | 7 | | contracts with units of local government or school districts. | 8 | | (K) Citizenship Status. "Citizenship status" means the | 9 | | status of being: | 10 | | (1) a born U.S. citizen; | 11 | | (2) a naturalized U.S. citizen; | 12 | | (3) a U.S. national; or | 13 | | (4) a person born outside the United States and not a | 14 | | U.S. citizen who is lawfully present and who is protected | 15 | | from discrimination under the provisions of Section 1324b | 16 | | of Title 8 of the United States Code, as now or hereafter | 17 | | amended. | 18 | | (L) Work Authorization Status. "Work authorization status" | 19 | | means the status of being a person born outside of the United | 20 | | States, and not a U.S. citizen, who is authorized by the | 21 | | federal government to work in the United States. | 22 | | (M) Predictive Data Analytics Tool. "Predictive data | 23 | | analytics tool" means a process involving algorithms for the | 24 | | purpose of predicting outcomes. | 25 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 26 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. |
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| 1 | | 5-27-22.) | 2 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | 3 | | Sec. 2-102. Civil rights violations - employment. It is a | 4 | | civil rights violation: | 5 | | (A) Employers. For any employer to refuse to hire, to | 6 | | segregate, to engage in harassment as defined in | 7 | | subsection (E-1) of Section 2-101, or to act with respect | 8 | | to recruitment, hiring, promotion, renewal of employment, | 9 | | selection for training or apprenticeship, discharge, | 10 | | discipline, tenure or terms, privileges or conditions of | 11 | | employment on the basis of unlawful discrimination, | 12 | | citizenship status, or work authorization status. An | 13 | | employer is responsible for harassment by the employer's | 14 | | nonmanagerial and nonsupervisory employees only if the | 15 | | employer becomes aware of the conduct and fails to take | 16 | | reasonable corrective measures. | 17 | | (A-5) Language. For an employer to impose a | 18 | | restriction that has the effect of prohibiting a language | 19 | | from being spoken by an employee in communications that | 20 | | are unrelated to the employee's duties. | 21 | | For the purposes of this subdivision (A-5), "language" | 22 | | means a person's native tongue, such as Polish, Spanish, | 23 | | or Chinese. "Language" does not include such things as | 24 | | slang, jargon, profanity, or vulgarity. | 25 | | (A-10) Harassment of nonemployees. For any employer, |
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| 1 | | employment agency, or labor organization to engage in | 2 | | harassment of nonemployees in the workplace. An employer | 3 | | is responsible for harassment of nonemployees by the | 4 | | employer's nonmanagerial and nonsupervisory employees only | 5 | | if the employer becomes aware of the conduct and fails to | 6 | | take reasonable corrective measures. For the purposes of | 7 | | this subdivision (A-10), "nonemployee" means a person who | 8 | | is not otherwise an employee of the employer and is | 9 | | directly performing services for the employer pursuant to | 10 | | a contract with that employer. "Nonemployee" includes | 11 | | contractors and consultants. This subdivision applies to | 12 | | harassment occurring on or after the effective date of | 13 | | this amendatory Act of the 101st General Assembly. | 14 | | (B) Employment agency. For any employment agency to | 15 | | fail or refuse to classify properly, accept applications | 16 | | and register for employment referral or apprenticeship | 17 | | referral, refer for employment, or refer for | 18 | | apprenticeship on the basis of unlawful discrimination, | 19 | | citizenship status, or work authorization status or to | 20 | | accept from any person any job order, requisition or | 21 | | request for referral of applicants for employment or | 22 | | apprenticeship which makes or has the effect of making | 23 | | unlawful discrimination or discrimination on the basis of | 24 | | citizenship status or work authorization status a | 25 | | condition of referral. | 26 | | (C) Labor organization. For any labor organization to |
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| 1 | | limit, segregate or classify its membership, or to limit | 2 | | employment opportunities, selection and training for | 3 | | apprenticeship in any trade or craft, or otherwise to | 4 | | take, or fail to take, any action which affects adversely | 5 | | any person's status as an employee or as an applicant for | 6 | | employment or as an apprentice, or as an applicant for | 7 | | apprenticeships, or wages, tenure, hours of employment or | 8 | | apprenticeship conditions on the basis of unlawful | 9 | | discrimination, citizenship status, or work authorization | 10 | | status. | 11 | | (D) Sexual harassment. For any employer, employee, | 12 | | agent of any employer, employment agency or labor | 13 | | organization to engage in sexual harassment; provided, | 14 | | that an employer shall be responsible for sexual | 15 | | harassment of the employer's employees by nonemployees or | 16 | | nonmanagerial and nonsupervisory employees only if the | 17 | | employer becomes aware of the conduct and fails to take | 18 | | reasonable corrective measures. | 19 | | (D-5) Sexual harassment of nonemployees. For any | 20 | | employer, employee, agent of any employer, employment | 21 | | agency, or labor organization to engage in sexual | 22 | | harassment of nonemployees in the workplace. An employer | 23 | | is responsible for sexual harassment of nonemployees by | 24 | | the employer's nonmanagerial and nonsupervisory employees | 25 | | only if the employer becomes aware of the conduct and | 26 | | fails to take reasonable corrective measures. For the |
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| 1 | | purposes of this subdivision (D-5), "nonemployee" means a | 2 | | person who is not otherwise an employee of the employer | 3 | | and is directly performing services for the employer | 4 | | pursuant to a contract with that employer. "Nonemployee" | 5 | | includes contractors and consultants. This subdivision | 6 | | applies to sexual harassment occurring on or after the | 7 | | effective date of this amendatory Act of the 101st General | 8 | | Assembly. | 9 | | (E) Public employers. For any public employer to | 10 | | refuse to permit a public employee under its jurisdiction | 11 | | who takes time off from work in order to practice his or | 12 | | her religious beliefs to engage in work, during hours | 13 | | other than such employee's regular working hours, | 14 | | consistent with the operational needs of the employer and | 15 | | in order to compensate for work time lost for such | 16 | | religious reasons. Any employee who elects such deferred | 17 | | work shall be compensated at the wage rate which he or she | 18 | | would have earned during the originally scheduled work | 19 | | period. The employer may require that an employee who | 20 | | plans to take time off from work in order to practice his | 21 | | or her religious beliefs provide the employer with a | 22 | | notice of his or her intention to be absent from work not | 23 | | exceeding 5 days prior to the date of absence. | 24 | | (E-5) Religious discrimination. For any employer to | 25 | | impose upon a person as a condition of obtaining or | 26 | | retaining employment, including opportunities for |
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| 1 | | promotion, advancement, or transfer, any terms or | 2 | | conditions that would require such person to violate or | 3 | | forgo a sincerely held practice of his or her religion | 4 | | including, but not limited to, the wearing of any attire, | 5 | | clothing, or facial hair in accordance with the | 6 | | requirements of his or her religion, unless, after | 7 | | engaging in a bona fide effort, the employer demonstrates | 8 | | that it is unable to reasonably accommodate the employee's | 9 | | or prospective employee's sincerely held religious belief, | 10 | | practice, or observance without undue hardship on the | 11 | | conduct of the employer's business. | 12 | | Nothing in this Section prohibits an employer from | 13 | | enacting a dress code or grooming policy that may include | 14 | | restrictions on attire, clothing, or facial hair to | 15 | | maintain workplace safety or food sanitation. | 16 | | (F) Training and apprenticeship programs. For any | 17 | | employer, employment agency or labor organization to | 18 | | discriminate against a person on the basis of age in the | 19 | | selection, referral for or conduct of apprenticeship or | 20 | | training programs. | 21 | | (G) Immigration-related practices. | 22 | | (1) for an employer to request for purposes of | 23 | | satisfying the requirements of Section 1324a(b) of | 24 | | Title 8 of the United States Code, as now or hereafter | 25 | | amended, more or different documents than are required | 26 | | under such Section or to refuse to honor documents |
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| 1 | | tendered that on their face reasonably appear to be | 2 | | genuine or to refuse to honor work authorization based | 3 | | upon the specific status or term of status that | 4 | | accompanies the authorization to work; or | 5 | | (2) for an employer participating in the E-Verify | 6 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 7 | | Programs for Employment Eligibility Confirmation | 8 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 9 | | refuse to hire, to segregate, or to act with respect to | 10 | | recruitment, hiring, promotion, renewal of employment, | 11 | | selection for training or apprenticeship, discharge, | 12 | | discipline, tenure or terms, privileges or conditions | 13 | | of employment without following the procedures under | 14 | | the E-Verify Program. | 15 | | (H) (Blank). | 16 | | (I) Pregnancy. For an employer to refuse to hire, to | 17 | | segregate, or to act with respect to recruitment, hiring, | 18 | | promotion, renewal of employment, selection for training | 19 | | or apprenticeship, discharge, discipline, tenure or terms, | 20 | | privileges or conditions of employment on the basis of | 21 | | pregnancy, childbirth, or medical or common conditions | 22 | | related to pregnancy or childbirth. Women affected by | 23 | | pregnancy, childbirth, or medical or common conditions | 24 | | related to pregnancy or childbirth shall be treated the | 25 | | same for all employment-related purposes, including | 26 | | receipt of benefits under fringe benefit programs, as |
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| 1 | | other persons not so affected but similar in their ability | 2 | | or inability to work, regardless of the source of the | 3 | | inability to work or employment classification or status. | 4 | | (J) Pregnancy; reasonable accommodations. | 5 | | (1) If after a job applicant or employee, | 6 | | including a part-time, full-time, or probationary | 7 | | employee, requests a reasonable accommodation, for an | 8 | | employer to not make reasonable accommodations for any | 9 | | medical or common condition of a job applicant or | 10 | | employee related to pregnancy or childbirth, unless | 11 | | the employer can demonstrate that the accommodation | 12 | | would impose an undue hardship on the ordinary | 13 | | operation of the business of the employer. The | 14 | | employer may request documentation from the employee's | 15 | | health care provider concerning the need for the | 16 | | requested reasonable accommodation or accommodations | 17 | | to the same extent documentation is requested for | 18 | | conditions related to disability if the employer's | 19 | | request for documentation is job-related and | 20 | | consistent with business necessity. The employer may | 21 | | require only the medical justification for the | 22 | | requested accommodation or accommodations, a | 23 | | description of the reasonable accommodation or | 24 | | accommodations medically advisable, the date the | 25 | | reasonable accommodation or accommodations became | 26 | | medically advisable, and the probable duration of the |
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| 1 | | reasonable accommodation or accommodations. It is the | 2 | | duty of the individual seeking a reasonable | 3 | | accommodation or accommodations to submit to the | 4 | | employer any documentation that is requested in | 5 | | accordance with this paragraph. Notwithstanding the | 6 | | provisions of this paragraph, the employer may require | 7 | | documentation by the employee's health care provider | 8 | | to determine compliance with other laws. The employee | 9 | | and employer shall engage in a timely, good faith, and | 10 | | meaningful exchange to determine effective reasonable | 11 | | accommodations. | 12 | | (2) For an employer to deny employment | 13 | | opportunities or benefits to or take adverse action | 14 | | against an otherwise qualified job applicant or | 15 | | employee, including a part-time, full-time, or | 16 | | probationary employee, if the denial or adverse action | 17 | | is based on the need of the employer to make reasonable | 18 | | accommodations to the known medical or common | 19 | | conditions related to the pregnancy or childbirth of | 20 | | the applicant or employee. | 21 | | (3) For an employer to require a job applicant or | 22 | | employee, including a part-time, full-time, or | 23 | | probationary employee, affected by pregnancy, | 24 | | childbirth, or medical or common conditions related to | 25 | | pregnancy or childbirth to accept an accommodation | 26 | | when the applicant or employee did not request an |
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| 1 | | accommodation and the applicant or employee chooses | 2 | | not to accept the employer's accommodation. | 3 | | (4) For an employer to require an employee, | 4 | | including a part-time, full-time, or probationary | 5 | | employee, to take leave under any leave law or policy | 6 | | of the employer if another reasonable accommodation | 7 | | can be provided to the known medical or common | 8 | | conditions related to the pregnancy or childbirth of | 9 | | an employee. No employer shall fail or refuse to | 10 | | reinstate the employee affected by pregnancy, | 11 | | childbirth, or medical or common conditions related to | 12 | | pregnancy or childbirth to her original job or to an | 13 | | equivalent position with equivalent pay and | 14 | | accumulated seniority, retirement, fringe benefits, | 15 | | and other applicable service credits upon her | 16 | | signifying her intent to return or when her need for | 17 | | reasonable accommodation ceases, unless the employer | 18 | | can demonstrate that the accommodation would impose an | 19 | | undue hardship on the ordinary operation of the | 20 | | business of the employer. | 21 | | For the purposes of this subdivision (J), "reasonable | 22 | | accommodations" means reasonable modifications or | 23 | | adjustments to the job application process or work | 24 | | environment, or to the manner or circumstances under which | 25 | | the position desired or held is customarily performed, | 26 | | that enable an applicant or employee affected by |
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| 1 | | pregnancy, childbirth, or medical or common conditions | 2 | | related to pregnancy or childbirth to be considered for | 3 | | the position the applicant desires or to perform the | 4 | | essential functions of that position, and may include, but | 5 | | is not limited to: more frequent or longer bathroom | 6 | | breaks, breaks for increased water intake, and breaks for | 7 | | periodic rest; private non-bathroom space for expressing | 8 | | breast milk and breastfeeding; seating; assistance with | 9 | | manual labor; light duty; temporary transfer to a less | 10 | | strenuous or hazardous position; the provision of an | 11 | | accessible worksite; acquisition or modification of | 12 | | equipment; job restructuring; a part-time or modified work | 13 | | schedule; appropriate adjustment or modifications of | 14 | | examinations, training materials, or policies; | 15 | | reassignment to a vacant position; time off to recover | 16 | | from conditions related to childbirth; and leave | 17 | | necessitated by pregnancy, childbirth, or medical or | 18 | | common conditions resulting from pregnancy or childbirth. | 19 | | For the purposes of this subdivision (J), "undue | 20 | | hardship" means an action that is prohibitively expensive | 21 | | or disruptive when considered in light of the following | 22 | | factors: (i) the nature and cost of the accommodation | 23 | | needed; (ii) the overall financial resources of the | 24 | | facility or facilities involved in the provision of the | 25 | | reasonable accommodation, the number of persons employed | 26 | | at the facility, the effect on expenses and resources, or |
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| 1 | | the impact otherwise of the accommodation upon the | 2 | | operation of the facility; (iii) the overall financial | 3 | | resources of the employer, the overall size of the | 4 | | business of the employer with respect to the number of its | 5 | | employees, and the number, type, and location of its | 6 | | facilities; and (iv) the type of operation or operations | 7 | | of the employer, including the composition, structure, and | 8 | | functions of the workforce of the employer, the geographic | 9 | | separateness, administrative, or fiscal relationship of | 10 | | the facility or facilities in question to the employer. | 11 | | The employer has the burden of proving undue hardship. The | 12 | | fact that the employer provides or would be required to | 13 | | provide a similar accommodation to similarly situated | 14 | | employees creates a rebuttable presumption that the | 15 | | accommodation does not impose an undue hardship on the | 16 | | employer. | 17 | | No employer is required by this subdivision (J) to | 18 | | create additional employment that the employer would not | 19 | | otherwise have created, unless the employer does so or | 20 | | would do so for other classes of employees who need | 21 | | accommodation. The employer is not required to discharge | 22 | | any employee, transfer any employee with more seniority, | 23 | | or promote any employee who is not qualified to perform | 24 | | the job, unless the employer does so or would do so to | 25 | | accommodate other classes of employees who need it. | 26 | | (K) Notice. |
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| 1 | | (1) For an employer to fail to post or keep posted | 2 | | in a conspicuous location on the premises of the | 3 | | employer where notices to employees are customarily | 4 | | posted, or fail to include in any employee handbook | 5 | | information concerning an employee's rights under this | 6 | | Article, a notice, to be prepared or approved by the | 7 | | Department, summarizing the requirements of this | 8 | | Article and information pertaining to the filing of a | 9 | | charge, including the right to be free from unlawful | 10 | | discrimination, the right to be free from sexual | 11 | | harassment, and the right to certain reasonable | 12 | | accommodations. The Department shall make the | 13 | | documents required under this paragraph available for | 14 | | retrieval from the Department's website. | 15 | | (2) Upon notification of a violation of paragraph | 16 | | (1) of this subdivision (K), the Department may launch | 17 | | a preliminary investigation. If the Department finds a | 18 | | violation, the Department may issue a notice to show | 19 | | cause giving the employer 30 days to correct the | 20 | | violation. If the violation is not corrected, the | 21 | | Department may initiate a charge of a civil rights | 22 | | violation. | 23 | | (L) Use of predictive data analytics tools. | 24 | | (1) With respect to recruitment, hiring, | 25 | | promotion, renewal of employment, selection for | 26 | | training or apprenticeship, discharge, discipline, |
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| 1 | | tenure, or the terms, privileges, or conditions of | 2 | | employment, for an employer to use a predictive data | 3 | | analytics tool that has the effect of subjecting | 4 | | employees to discrimination on the basis of protected | 5 | | classes under this Article or to use zip codes as a | 6 | | proxy for protected classes under this Article. | 7 | | (2) For an employer to fail to provide notice to an | 8 | | employee that the employer is using a predictive data | 9 | | analytics tool. | 10 | | The Department shall adopt any rules necessary for the | 11 | | implementation and enforcement of this subdivision, | 12 | | including, but not limited to, rules on the circumstances | 13 | | and conditions that require notice, the time period for | 14 | | providing notice, and the means for providing notice. | 15 | | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) | 16 | | Section 99. Effective date. This Act takes effect January | 17 | | 1, 2026.". |
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