Full Text of SB3326 101st General Assembly
SB3326 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3326 Introduced 2/14/2020, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/2-105 | from Ch. 68, par. 2-105 |
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Amends the Employment Article of the Illinois Human Rights Act. Provides that specified requirements related to public contracts shall be completed prior to contract execution.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 2-105 as follows:
| 6 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 7 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 8 | | Action.
| 9 | | (A) Public Contracts. Every party to a public contract and | 10 | | every
eligible bidder , prior to execution of the contract, | 11 | | shall:
| 12 | | (1) Refrain from unlawful discrimination and | 13 | | discrimination based on
citizenship status in employment | 14 | | and undertake affirmative action to assure
equality of | 15 | | employment opportunity and eliminate the effects of past
| 16 | | discrimination;
| 17 | | (2) Comply with the procedures and requirements of the | 18 | | Department's
regulations concerning equal employment | 19 | | opportunities and affirmative action;
| 20 | | (3) Provide such information, with respect to its | 21 | | employees and
applicants for employment, and assistance as | 22 | | the Department may
reasonably request;
| 23 | | (4) Have written sexual harassment policies that shall |
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| 1 | | include, at a
minimum, the following information: (i) the | 2 | | illegality of
sexual harassment; (ii) the definition of | 3 | | sexual harassment under State
law; (iii) a description of | 4 | | sexual harassment, utilizing examples; (iv) the
vendor's | 5 | | internal complaint process including penalties; (v) the | 6 | | legal
recourse, investigative and complaint process | 7 | | available through the
Department and the Commission; (vi) | 8 | | directions on how to contact the
Department and Commission; | 9 | | and (vii) protection against retaliation as
provided by | 10 | | Section 6-101 of this Act. A copy of the policies shall
be | 11 | | provided to the Department upon request. Additionally, | 12 | | each bidder who submits a bid or offer for a State contract | 13 | | under the Illinois Procurement Code shall have a written | 14 | | copy of the bidder's sexual harassment policy as required | 15 | | under this paragraph (4). A copy of the policy shall be | 16 | | provided to the State agency entering into the contract | 17 | | upon request.
| 18 | | (B) State Agencies. Every State executive department, | 19 | | State agency,
board, commission, and instrumentality shall:
| 20 | | (1) Comply with the procedures and requirements of the | 21 | | Department's
regulations concerning equal employment | 22 | | opportunities and affirmative action;
| 23 | | (2) Provide such information and assistance as the | 24 | | Department may request.
| 25 | | (3) Establish, maintain, and carry out a continuing | 26 | | affirmative action
plan consistent with this Act and the |
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| 1 | | regulations of the Department designed
to promote equal | 2 | | opportunity for all State residents in every aspect of
| 3 | | agency personnel policy and practice. For purposes of these | 4 | | affirmative
action plans, the race and national origin | 5 | | categories to be included in the
plans are: American Indian | 6 | | or Alaska Native, Asian, Black or African American, | 7 | | Hispanic or Latino, Native Hawaiian or Other Pacific | 8 | | Islander. | 9 | | This plan shall
include a current detailed status | 10 | | report:
| 11 | | (a) indicating, by each position in State service, | 12 | | the number,
percentage, and average salary of | 13 | | individuals employed by race, national
origin, sex and | 14 | | disability, and any other category that the Department | 15 | | may
require by rule;
| 16 | | (b) identifying all positions in which the | 17 | | percentage of the people
employed by race, national | 18 | | origin, sex and disability, and any other
category that | 19 | | the Department may require by rule, is less than | 20 | | four-fifths of
the percentage of each of those | 21 | | components in the State work force;
| 22 | | (c) specifying the goals and methods for | 23 | | increasing the percentage
by race, national origin, | 24 | | sex and disability, and any other category
that the | 25 | | Department may require by rule, in State positions;
| 26 | | (d) indicating progress and problems toward |
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| 1 | | meeting equal employment
opportunity goals, including, | 2 | | if applicable, but not limited to, Department
of | 3 | | Central Management Services recruitment efforts, | 4 | | publicity, promotions,
and use of options designating | 5 | | positions by linguistic abilities;
| 6 | | (e) establishing a numerical hiring goal for the | 7 | | employment of
qualified persons with disabilities in | 8 | | the agency as a whole, to be based
on the proportion of | 9 | | people with work disabilities in the Illinois labor
| 10 | | force as reflected in the most recent employment data | 11 | | made available by the United States Census Bureau.
| 12 | | (4) If the agency has 1000 or more employees, appoint a | 13 | | full-time Equal
Employment Opportunity officer, subject to | 14 | | the Department's approval, whose
duties shall include:
| 15 | | (a) Advising the head of the particular State | 16 | | agency with respect to the
preparation of equal | 17 | | employment opportunity programs, procedures, | 18 | | regulations,
reports, and the agency's affirmative | 19 | | action plan.
| 20 | | (b) Evaluating in writing each fiscal year the | 21 | | sufficiency of the total
agency program for equal | 22 | | employment opportunity and reporting thereon to
the | 23 | | head of the agency with recommendations as to any | 24 | | improvement or
correction in recruiting, hiring or | 25 | | promotion needed, including remedial or
disciplinary | 26 | | action with respect to managerial or supervisory |
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| 1 | | employees who
have failed to cooperate fully or who are | 2 | | in violation of the program.
| 3 | | (c) Making changes in recruitment, training and | 4 | | promotion programs
and in hiring and promotion | 5 | | procedures designed to eliminate
discriminatory | 6 | | practices when authorized.
| 7 | | (d) Evaluating tests, employment policies,
| 8 | | practices and qualifications
and reporting to the head | 9 | | of the agency and to the Department any policies,
| 10 | | practices and qualifications that have unequal impact | 11 | | by race, national origin
as required by Department | 12 | | rule, sex or disability or any other category that
the | 13 | | Department may require by rule, and to assist in the | 14 | | recruitment of people
in underrepresented | 15 | | classifications. This function shall be performed in
| 16 | | cooperation with the State Department of Central | 17 | | Management Services.
| 18 | | (e) Making any aggrieved employee or applicant for | 19 | | employment aware of
his or her remedies under this Act.
| 20 | | In any meeting, investigation, negotiation, | 21 | | conference, or other
proceeding between a State | 22 | | employee and an Equal Employment Opportunity
officer, | 23 | | a State employee (1) who is not covered by a collective | 24 | | bargaining
agreement and (2) who is the complaining | 25 | | party or the subject of such
proceeding may be | 26 | | accompanied, advised and represented by (1) an |
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| 1 | | attorney
licensed to practice law in the State of | 2 | | Illinois or (2) a representative of an
employee | 3 | | organization whose membership is composed of employees | 4 | | of the State
and of which the employee is a member. A | 5 | | representative of an employee, other
than an attorney, | 6 | | may observe but may not actively participate, or advise | 7 | | the
State employee during the course of such meeting, | 8 | | investigation, negotiation,
conference or other | 9 | | proceeding. Nothing in this Section shall be
construed | 10 | | to permit any person who is not licensed to practice | 11 | | law in Illinois
to deliver any legal services or | 12 | | otherwise engage in any activities that would
| 13 | | constitute the unauthorized practice of law. Any | 14 | | representative of an employee
who is present with the | 15 | | consent of the employee, shall not, during or after
| 16 | | termination of the relationship permitted by this | 17 | | Section with the State
employee, use or reveal any | 18 | | information obtained during the course of the
meeting, | 19 | | investigation, negotiation, conference or other | 20 | | proceeding without the
consent of the complaining | 21 | | party and any State employee who is the subject of
the | 22 | | proceeding and pursuant to rules and regulations | 23 | | governing confidentiality
of such information as | 24 | | promulgated by the appropriate State agency.
| 25 | | Intentional or reckless disclosure of information in | 26 | | violation of these
confidentiality requirements shall |
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| 1 | | constitute a Class B misdemeanor.
| 2 | | (5) Establish, maintain and carry out a continuing | 3 | | sexual harassment
program that shall include the | 4 | | following:
| 5 | | (a) Develop a written sexual harassment policy | 6 | | that includes at a
minimum the following information: | 7 | | (i) the illegality of sexual harassment;
(ii) the | 8 | | definition of sexual harassment under State law; (iii) | 9 | | a
description of sexual harassment, utilizing | 10 | | examples; (iv) the agency's
internal complaint process | 11 | | including penalties; (v) the legal recourse,
| 12 | | investigative and complaint process available through | 13 | | the Department and
the Commission; (vi) directions on | 14 | | how to contact the Department and
Commission; and (vii) | 15 | | protection against retaliation as provided by Section
| 16 | | 6-101 of this Act. The policy shall be reviewed | 17 | | annually.
| 18 | | (b) Post in a prominent and accessible location and | 19 | | distribute in a
manner to assure notice to all agency | 20 | | employees without exception the
agency's sexual | 21 | | harassment policy. Such documents may meet, but shall | 22 | | not
exceed, the 6th grade literacy level. Distribution | 23 | | shall be effectuated within
90 days of the effective | 24 | | date of this amendatory Act of 1992 and shall occur
| 25 | | annually thereafter.
| 26 | | (c) Provide training on sexual harassment |
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| 1 | | prevention and the
agency's sexual harassment policy | 2 | | as a component of all ongoing or new
employee training | 3 | | programs.
| 4 | | (6) Notify the Department 30 days before effecting any | 5 | | layoff. Once
notice is given, the following shall occur:
| 6 | | (a) No layoff may be effective
earlier than 10 | 7 | | working days after
notice to the Department, unless an
| 8 | | emergency layoff situation exists.
| 9 | | (b) The State executive department, State agency, | 10 | | board, commission,
or instrumentality in which the | 11 | | layoffs are to occur must
notify each employee targeted | 12 | | for layoff, the employee's union
representative (if | 13 | | applicable), and the State Dislocated Worker Unit at | 14 | | the
Department of Commerce and Economic Opportunity.
| 15 | | (c) The State executive department, State agency, | 16 | | board, commission,
or instrumentality in
which the | 17 | | layoffs are to occur must conform to applicable | 18 | | collective
bargaining agreements.
| 19 | | (d) The State executive department, State agency, | 20 | | board, commission, or
instrumentality in which the | 21 | | layoffs are to occur should notify each employee
| 22 | | targeted for layoff that transitional assistance may | 23 | | be available to him or her
under the Economic | 24 | | Dislocation and Worker Adjustment Assistance Act
| 25 | | administered by the Department of Commerce and | 26 | | Economic Opportunity. Failure to
give such notice |
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| 1 | | shall not invalidate the layoff or postpone its | 2 | | effective
date.
| 3 | | As used in this subsection (B), "disability" shall be | 4 | | defined in
rules promulgated under the Illinois Administrative
| 5 | | Procedure Act.
| 6 | | (C) Civil Rights Violations. It is a civil rights violation | 7 | | for any
public contractor or eligible bidder to:
| 8 | | (1) fail to comply with the public contractor's or | 9 | | eligible bidder's
duty to refrain from unlawful | 10 | | discrimination and discrimination based on
citizenship | 11 | | status in employment under subsection (A)(1) of this | 12 | | Section; or
| 13 | | (2) fail to comply with the public contractor's or | 14 | | eligible bidder's
duties of affirmative action under | 15 | | subsection (A) of this Section, provided
however, that the
| 16 | | Department has notified the public contractor or eligible | 17 | | bidder in writing
by certified mail that the public | 18 | | contractor or eligible bidder may not be
in compliance with | 19 | | affirmative action requirements of subsection (A). A
| 20 | | minimum
of 60 days to comply with the requirements shall be | 21 | | afforded to the public
contractor or eligible bidder before | 22 | | the Department may issue formal notice of
non-compliance.
| 23 | | (D) As used in this Section: | 24 | | (1) "American Indian or Alaska Native" means a person | 25 | | having origins in any of the original peoples of North and | 26 | | South America, including Central America, and who |
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| 1 | | maintains tribal affiliation or community attachment. | 2 | | (2) "Asian" means a person having origins in any of the | 3 | | original peoples of the Far East, Southeast Asia, or the | 4 | | Indian subcontinent, including, but not limited to, | 5 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 6 | | the Philippine Islands, Thailand, and Vietnam. | 7 | | (3) "Black or African American" means a person having | 8 | | origins in any of the black racial groups of Africa. Terms | 9 | | such as "Haitian" or "Negro" can be used in addition to | 10 | | "Black or African American". | 11 | | (4) "Hispanic or Latino" means a person of Cuban, | 12 | | Mexican, Puerto Rican, South or Central American, or other | 13 | | Spanish culture or origin, regardless of race. | 14 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 15 | | person having origins in any of the original peoples of | 16 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 17 | | (Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19 .)
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