Full Text of HB6299 098th General Assembly
HB6299 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB6299 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
| New Act | | 775 ILCS 5/2-102 | from Ch. 68, par. 2-102 |
|
Creates the Protection of Reproductive Health Care Decisions Act. Provides that an employer shall provide written notice to its employees and prospective employees regarding any applicable exclusions in contraceptive coverage the employer provides to its employees as part of the employee health insurance plan. Provides that the employer shall post the notice in conspicuous places on the premises of the employer. Defines "contraceptive coverage" as that portion of a health insurance policy that provides coverage for the cost of contraceptive drugs or devices approved by the federal Food and Drug Administration, or generic equivalents approved as substitutes by the Food and Drug Administration, under the prescription of a health care provider legally authorized to prescribe. Directs the Department of Labor to adopt rules to implement the new provisions. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to refuse to hire, to segregate, 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 an individual's reproductive health care decisions.
|
| |
| | A BILL FOR |
|
| | | HB6299 | | LRB098 22245 HEP 61591 b |
|
| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Protection of Reproductive Health Care Decisions Act. | 6 | | Section 5. Contraceptive coverage notification. | 7 | | (a) An employer shall provide written notice to its | 8 | | employees prior to substituting an employer-provided health | 9 | | insurance policy with another policy or that alters, restricts, | 10 | | or terminates contraceptive coverage. The notice shall be | 11 | | provided not less than 90 days prior to the substitution. If | 12 | | the employees are represented by a labor organization, the | 13 | | notice shall also be promptly provided to the representative of | 14 | | the labor organization. The employer shall provide a copy of | 15 | | the notice to the Director of Labor. | 16 | | (b) An employer who is issued a health insurance policy | 17 | | that covers some or all of its employees shall provide notice | 18 | | to all persons who seek employment with the employer as to | 19 | | whether the policy includes contraceptive coverage. If the | 20 | | policy includes some, but not all, contraceptive drugs and | 21 | | devices or their generic equivalents approved by the federal | 22 | | Food and Drug Administration, the notice shall specify which | 23 | | drugs or devices are not included in the insurance coverage. |
| | | HB6299 | - 2 - | LRB098 22245 HEP 61591 b |
|
| 1 | | The notice shall be prominently displayed on the face of any | 2 | | written application for employment utilized by an employer or | 3 | | included on a separate written notice form to be provided to | 4 | | each person who receives the written application. If the | 5 | | employer maintains a publicly accessible webpage that provides | 6 | | information on prospective employment opportunities, the | 7 | | employer shall provide clear and conspicuous notice on the | 8 | | webpage as to whether the employer provides contraceptive | 9 | | coverage and, if so, whether the coverage includes some, but | 10 | | not all, contraceptive drugs and devices or their generic | 11 | | equivalent approved by the federal Food and Drug | 12 | | Administration. | 13 | | (c) Every employer covered by this Act shall post and keep | 14 | | posted, in conspicuous places on the premises of the employer | 15 | | where notices to employees are customarily posted, a notice, to | 16 | | be approved by the Director of Labor, listing which | 17 | | contraceptive drugs or devices, if any, are excluded from | 18 | | employee health insurance policies. | 19 | | (d) As used in this Act, "contraceptive coverage" means | 20 | | that portion of a health insurance policy that provides | 21 | | coverage for the cost of contraceptive drugs or devices | 22 | | approved by the federal Food and Drug Administration, or | 23 | | generic equivalents approved as substitutes by the Food and | 24 | | Drug Administration, under the prescription of a health care | 25 | | provider legally authorized to prescribe. | 26 | | (e) The Department of Labor shall adopt rules to implement |
| | | HB6299 | - 3 - | LRB098 22245 HEP 61591 b |
|
| 1 | | this Section. | 2 | | Section 10. The Illinois Human Rights Act is amended by | 3 | | changing Section 2-102 as follows:
| 4 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 5 | | (Text of Section after amendment by P.A. 98-1050 )
| 6 | | Sec. 2-102. Civil Rights Violations - Employment. It is a | 7 | | civil
rights violation:
| 8 | | (A) Employers. For any employer to refuse to hire, to | 9 | | segregate, or
to act with respect to recruitment, hiring, | 10 | | promotion, renewal of employment,
selection for training or | 11 | | apprenticeship, discharge, discipline, tenure or
terms, | 12 | | privileges or conditions of employment on the basis of unlawful
| 13 | | discrimination or citizenship status.
| 14 | | (A-5) Language. For an employer to impose a restriction | 15 | | that has the
effect of prohibiting a language from being spoken | 16 | | by an employee in
communications that are unrelated to the | 17 | | employee's duties.
| 18 | | For the purposes of this subdivision (A-5), "language" | 19 | | means a person's
native tongue, such as Polish, Spanish, or
| 20 | | Chinese.
"Language" does not include such things as slang, | 21 | | jargon, profanity, or
vulgarity.
| 22 | | (B) Employment Agency. For any employment agency to fail or | 23 | | refuse
to classify properly, accept applications and register | 24 | | for employment
referral or apprenticeship referral, refer for |
| | | HB6299 | - 4 - | LRB098 22245 HEP 61591 b |
|
| 1 | | employment, or refer for
apprenticeship on the basis of | 2 | | unlawful discrimination or citizenship
status or to accept from | 3 | | any person any job order, requisition or request
for referral | 4 | | of applicants for employment or apprenticeship which makes or
| 5 | | has the effect of making unlawful discrimination or | 6 | | discrimination on the
basis of citizenship status a condition | 7 | | of referral.
| 8 | | (C) Labor Organization. For any labor organization to | 9 | | limit,
segregate or classify its membership, or to limit | 10 | | employment
opportunities, selection and training for | 11 | | apprenticeship in any trade or
craft, or otherwise to take, or | 12 | | fail to take, any action which affects
adversely any person's | 13 | | status as an employee or as an applicant for
employment or as | 14 | | an apprentice, or as an applicant for apprenticeships,
or | 15 | | wages, tenure, hours of employment or apprenticeship | 16 | | conditions on the
basis of unlawful discrimination or | 17 | | citizenship status.
| 18 | | (D) Sexual Harassment. For any employer, employee, agent of | 19 | | any employer,
employment agency or labor organization to engage | 20 | | in sexual harassment;
provided, that an employer shall be | 21 | | responsible for sexual harassment
of the employer's employees | 22 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 23 | | only if the employer becomes aware of the conduct and fails to
| 24 | | take reasonable corrective measures.
| 25 | | (E) Public Employers. For any public employer to refuse to | 26 | | permit a
public employee under its jurisdiction who takes time |
| | | HB6299 | - 5 - | LRB098 22245 HEP 61591 b |
|
| 1 | | off from work in
order to practice his or her religious beliefs | 2 | | to engage in work, during hours
other than such employee's | 3 | | regular working hours, consistent with the
operational needs of | 4 | | the employer and in order to compensate for work time
lost for | 5 | | such religious reasons. Any employee who elects such deferred
| 6 | | work shall be compensated at the wage rate which he or she | 7 | | would have
earned during the originally scheduled work period. | 8 | | The employer may
require that an employee who plans to take | 9 | | time off from work in order to
practice his or her religious | 10 | | beliefs provide the employer with a notice of
his or her | 11 | | intention to be absent from work not exceeding 5 days prior to
| 12 | | the date of absence.
| 13 | | (F) Training and Apprenticeship Programs. For any | 14 | | employer,
employment agency or labor organization to | 15 | | discriminate against a person on
the basis of age in the | 16 | | selection, referral for or conduct of apprenticeship
or | 17 | | training programs.
| 18 | | (G) Immigration-Related Practices. | 19 | | (1) for an employer to request for
purposes of | 20 | | satisfying the requirements of Section 1324a(b) of Title 8 | 21 | | of
the United States Code, as now or hereafter amended, | 22 | | more or different
documents than are required under such | 23 | | Section or to refuse to honor
documents tendered that on | 24 | | their face reasonably appear to be genuine; or
| 25 | | (2) for an employer participating in the E-Verify | 26 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot |
| | | HB6299 | - 6 - | LRB098 22245 HEP 61591 b |
|
| 1 | | Programs for Employment Eligibility Confirmation (enacted | 2 | | by PL 104-208, div. C title IV, subtitle A) to refuse to | 3 | | hire, to segregate, or to act with respect to recruitment, | 4 | | hiring, promotion, renewal of employment, selection for | 5 | | training or apprenticeship, discharge, discipline, tenure | 6 | | or terms, privileges or conditions of employment without | 7 | | following the procedures under 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 or | 12 | | apprenticeship, discharge, discipline, tenure or terms, | 13 | | privileges or conditions of employment on the basis of | 14 | | pregnancy, childbirth, or medical or common conditions related | 15 | | to pregnancy or childbirth. Women affected by pregnancy, | 16 | | childbirth, or medical or common conditions related to | 17 | | pregnancy or childbirth shall be treated the same for all | 18 | | employment-related purposes, including receipt of benefits | 19 | | under fringe benefit programs, as other persons not so affected | 20 | | but similar in their ability or inability to work, regardless | 21 | | of the source of the inability to work or employment | 22 | | classification or status. | 23 | | (J) Pregnancy; reasonable accommodations. | 24 | | (1) If after a job applicant or employee, including a | 25 | | part-time, full-time, or probationary employee, requests a | 26 | | reasonable accommodation, for an employer to not make |
| | | HB6299 | - 7 - | LRB098 22245 HEP 61591 b |
|
| 1 | | reasonable accommodations for any medical or common | 2 | | condition of a job applicant or employee related to | 3 | | pregnancy or childbirth, unless the employer can | 4 | | demonstrate that the accommodation would impose an undue | 5 | | hardship on the ordinary operation of the business of the | 6 | | employer. The employer may request documentation from the | 7 | | employee's health care provider concerning the need for the | 8 | | requested reasonable accommodation or accommodations to | 9 | | the same extent documentation is requested for conditions | 10 | | related to disability if the employer's request for | 11 | | documentation is job-related and consistent with business | 12 | | necessity. The employer may require only the medical | 13 | | justification for the requested accommodation or | 14 | | accommodations, a description of the reasonable | 15 | | accommodation or accommodations medically advisable, the | 16 | | date the reasonable accommodation or accommodations became | 17 | | medically advisable, and the probable duration of the | 18 | | reasonable accommodation or accommodations. It is the duty | 19 | | of the individual seeking a reasonable accommodation or | 20 | | accommodations to submit to the employer any documentation | 21 | | that is requested in accordance with this paragraph. | 22 | | Notwithstanding the provisions of this paragraph, the | 23 | | employer may require documentation by the employee's | 24 | | health care provider to determine compliance with other | 25 | | laws. The employee and employer shall engage in a timely, | 26 | | good faith, and meaningful exchange to determine effective |
| | | HB6299 | - 8 - | LRB098 22245 HEP 61591 b |
|
| 1 | | reasonable accommodations. | 2 | | (2) For an employer to deny employment opportunities or | 3 | | benefits to or take adverse action against an otherwise | 4 | | qualified job applicant or employee, including a | 5 | | part-time, full-time, or probationary employee, if the | 6 | | denial or adverse action is based on the need of the | 7 | | employer to make reasonable accommodations to the known | 8 | | medical or common conditions related to the pregnancy or | 9 | | childbirth of the applicant or employee. | 10 | | (3) For an employer to require a job applicant or | 11 | | employee, including a part-time, full-time, or | 12 | | probationary employee, affected by pregnancy, childbirth, | 13 | | or medical or common conditions related to pregnancy or | 14 | | childbirth to accept an accommodation when the applicant or | 15 | | employee did not request an accommodation and the applicant | 16 | | or employee chooses not to accept the employer's | 17 | | accommodation. | 18 | | (4) For an employer to require an employee, including a | 19 | | part-time, full-time, or probationary employee, to take | 20 | | leave under any leave law or policy of the employer if | 21 | | another reasonable accommodation can be provided to the | 22 | | known medical or common conditions related to the pregnancy | 23 | | or childbirth of an employee. No employer shall fail or | 24 | | refuse to reinstate the employee affected by pregnancy, | 25 | | childbirth, or medical or common conditions related to | 26 | | pregnancy or childbirth to her original job or to an |
| | | HB6299 | - 9 - | LRB098 22245 HEP 61591 b |
|
| 1 | | equivalent position with equivalent pay and accumulated | 2 | | seniority, retirement, fringe benefits, and other | 3 | | applicable service credits upon her signifying her intent | 4 | | to return or when her need for reasonable accommodation | 5 | | ceases, unless the employer can demonstrate that the | 6 | | accommodation would impose an undue hardship on the | 7 | | ordinary operation of the business of the employer. | 8 | | For the purposes of this subdivision (J), "reasonable | 9 | | accommodations" means reasonable modifications or adjustments | 10 | | to the job application process or work environment, or to the | 11 | | manner or circumstances under which the position desired or | 12 | | held is customarily performed, that enable an applicant or | 13 | | employee affected by pregnancy, childbirth, or medical or | 14 | | common conditions related to pregnancy or childbirth to be | 15 | | considered for the position the applicant desires or to perform | 16 | | the essential functions of that position, and may include, but | 17 | | is not limited to: more frequent or longer bathroom breaks, | 18 | | breaks for increased water intake, and breaks for periodic | 19 | | rest; private non-bathroom space for expressing breast milk and | 20 | | breastfeeding; seating; assistance with manual labor; light | 21 | | duty; temporary transfer to a less strenuous or hazardous | 22 | | position; the provision of an accessible worksite; acquisition | 23 | | or modification of equipment; job restructuring; a part-time or | 24 | | modified work schedule; appropriate adjustment or | 25 | | modifications of examinations, training materials, or | 26 | | policies; reassignment to a vacant position; time off to |
| | | HB6299 | - 10 - | LRB098 22245 HEP 61591 b |
|
| 1 | | recover from conditions related to childbirth; and leave | 2 | | necessitated by pregnancy, childbirth, or medical or common | 3 | | conditions resulting from pregnancy or childbirth. | 4 | | For the purposes of this subdivision (J), "undue hardship" | 5 | | means an action that is prohibitively expensive or disruptive | 6 | | when considered in light of the following factors: (i) the | 7 | | nature and cost of the accommodation needed; (ii) the overall | 8 | | financial resources of the facility or facilities involved in | 9 | | the provision of the reasonable accommodation, the number of | 10 | | persons employed at the facility, the effect on expenses and | 11 | | resources, or the impact otherwise of the accommodation upon | 12 | | the operation of the facility; (iii) the overall financial | 13 | | resources of the employer, the overall size of the business of | 14 | | the employer with respect to the number of its employees, and | 15 | | the number, type, and location of its facilities; and (iv) the | 16 | | type of operation or operations of the employer, including the | 17 | | composition, structure, and functions of the workforce of the | 18 | | employer, the geographic separateness, administrative, or | 19 | | fiscal relationship of the facility or facilities in question | 20 | | to the employer. The employer has the burden of proving undue | 21 | | hardship. The fact that the employer provides or would be | 22 | | required to provide a similar accommodation to similarly | 23 | | situated employees creates a rebuttable presumption that the | 24 | | accommodation does not impose an undue hardship on the | 25 | | employer. | 26 | | No employer is required by this subdivision (J) to create |
| | | HB6299 | - 11 - | LRB098 22245 HEP 61591 b |
|
| 1 | | additional employment that the employer would not otherwise | 2 | | have created, unless the employer does so or would do so for | 3 | | other classes of employees who need accommodation. The employer | 4 | | is not required to discharge any employee, transfer any | 5 | | employee with more seniority, or promote any employee who is | 6 | | not qualified to perform the job, unless the employer does so | 7 | | or would do so to accommodate other classes of employees who | 8 | | need it. | 9 | | (J-5) Reproductive Health Care. For an employer to refuse | 10 | | to hire, to segregate, or to act with respect to recruitment, | 11 | | hiring, promotion, renewal of employment, selection for | 12 | | training or apprenticeship, discharge, discipline, tenure or | 13 | | terms, privileges or conditions of employment on the basis of | 14 | | an individual's reproductive health care decisions. | 15 | | (K) Notice. | 16 | | (1) For an employer to fail to post or keep posted in a | 17 | | conspicuous location on the premises of the employer where | 18 | | notices to employees are customarily posted, or fail to | 19 | | include in any employee handbook information concerning an | 20 | | employee's rights under this Article, a notice, to be | 21 | | prepared or approved by the Department, summarizing the | 22 | | requirements of this Article and information pertaining to | 23 | | the filing of a charge, including the right to be free from | 24 | | unlawful discrimination and the right to certain | 25 | | reasonable accommodations. The Department shall make the | 26 | | documents required under this paragraph available for |
| | | HB6299 | - 12 - | LRB098 22245 HEP 61591 b |
|
| 1 | | retrieval from the Department's website. | 2 | | (2) Upon notification of a violation of paragraph (1) | 3 | | of this subdivision (K), the Department may launch a | 4 | | preliminary investigation. If the Department finds a | 5 | | violation, the Department may issue a notice to show cause | 6 | | giving the employer 30 days to correct the violation. If | 7 | | the violation is not corrected, the Department may initiate | 8 | | a charge of a civil rights violation. | 9 | | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13; | 10 | | 98-1050, eff. 1-1-15.)
|
|