Illinois General Assembly - Full Text of HB5787
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Full Text of HB5787  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Maria Antonia Berrios


775 ILCS 5/2-101  from Ch. 68, par. 2-101

    Amends the Illinois Human Rights Act. Provides that for purposes of the provisions of the Act concerning sexual harassment in the workplace, "employee" includes unpaid interns.

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HB5787LRB098 17766 HEP 52887 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-101 as follows:
6    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable 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 this
16    Act, "employee" also includes an unpaid intern.
17        (2) "Employee" does not include:
18            (a) Domestic servants in private homes;
19            (b) Individuals employed by persons who are not
20        "employers" as defined by this Act;
21            (c) Elected public officials or the members of
22        their immediate personal staffs;
23            (d) Principal administrative officers of the State



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



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



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1conduct of a sexual nature when (1) submission to such conduct
2is made either explicitly or implicitly a term or condition of
3an individual's employment, (2) submission to or rejection of
4such conduct by an individual is used as the basis for
5employment decisions affecting such individual, or (3) such
6conduct has the purpose or effect of substantially interfering
7with an individual's work performance or creating an
8intimidating, hostile or offensive working environment.
9    (F) Religion. "Religion" with respect to employers
10includes all aspects of religious observance and practice, as
11well as belief, unless an employer demonstrates that he is
12unable to reasonably accommodate an employee's or prospective
13employee's religious observance or practice without undue
14hardship on the conduct of the employer's business.
15    (G) Public Employer. "Public employer" means the State, an
16agency or department thereof, unit of local government, school
17district, instrumentality or political subdivision.
18    (H) Public Employee. "Public employee" means an employee of
19the State, agency or department thereof, unit of local
20government, school district, instrumentality or political
21subdivision. "Public employee" does not include public
22officers or employees of the General Assembly or agencies
24    (I) Public Officer. "Public officer" means a person who is
25elected to office pursuant to the Constitution or a statute or
26ordinance, or who is appointed to an office which is



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1established, and the qualifications and duties of which are
2prescribed, by the Constitution or a statute or ordinance, to
3discharge a public duty for the State, agency or department
4thereof, unit of local government, school district,
5instrumentality or political subdivision.
6    (J) Eligible Bidder. "Eligible bidder" means a person who,
7prior to a bid opening, has filed with the Department a
8properly completed, sworn and currently valid employer report
9form, pursuant to the Department's regulations. The provisions
10of this Article relating to eligible bidders apply only to bids
11on contracts with the State and its departments, agencies,
12boards, and commissions, and the provisions do not apply to
13bids on contracts with units of local government or school
15    (K) Citizenship Status. "Citizenship status" means the
16status of being:
17        (1) a born U.S. citizen;
18        (2) a naturalized U.S. citizen;
19        (3) a U.S. national; or
20        (4) a person born outside the United States and not a
21    U.S. citizen who is not an unauthorized alien and who is
22    protected from discrimination under the provisions of
23    Section 1324b of Title 8 of the United States Code, as now
24    or hereafter amended.
25(Source: P.A. 97-877, eff. 8-2-12.)