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90_HB0493 775 ILCS 5/2-105 from Ch. 68, par. 2-105 Amends the Illinois Human Rights Act. Provides that the Department of Human Rights is required to conduct an annual compliance audit of each State agency to which the equal employment opportunity and affirmative action provisions of the Act apply. Provides that the audit shall determine an agency's overall compliance or lack of compliance with those provisions. Provides that the Department shall make the results of all audits available to the public. Provides that the State agency equal employment opportunity and affirmative action provisions of the Act apply to the offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller, and State Treasurer. Effective immediately. LRB9000843WHmgB LRB9000843WHmgB 1 AN ACT to amend the Illinois Human Rights Act by changing 2 Section 2-105. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Human Rights Act is amended by 6 changing Section 2-105 as follows: 7 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105) 8 Sec. 2-105. Equal Employment Opportunities; Affirmative 9 Action. 10 (A) Public Contracts. Every party to a public contract 11 and every eligible bidder 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 18 the 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 22 as the Department may reasonably request; 23 (4) Have written sexual harassment policies that 24 shall include, at a minimum, the following information: 25 (i) the illegality of sexual harassment; (ii) the 26 definition of sexual harassment under State law; (iii) a 27 description of sexual harassment, utilizing examples; 28 (iv) the vendor's internal complaint process including 29 penalties; (v) the legal recourse, investigative and 30 complaint process available through the Department and 31 the Commission; (vi) directions on how to contact the -2- LRB9000843WHmgB 1 Department and Commission; and (vii) protection against 2 retaliation as provided by Section 6-101 of this Act. A 3 copy of the policies shall be provided to the Department 4 upon request. 5 (B) State Agencies. Every State executive department, 6 State agency, board, commission, and instrumentality 7 (including the offices of the Governor, Lieutenant Governor, 8 Attorney General, Secretary of State, State Comptroller, and 9 State Treasurer) shall: 10 (1) Comply with the procedures and requirements of 11 the Department's regulations concerning equal employment 12 opportunities and affirmative action; 13 (2) Provide such information and assistance as the 14 Department may request. 15 (3) Establish, maintain, and carry out a continuing 16 affirmative action plan consistent with this Act and the 17 regulations of the Department designed to promote equal 18 opportunity for all State residents in every aspect of 19 agency personnel policy and practice. For purposes of 20 these affirmative action plans, the race and national 21 origin categories to be included in the plans are: 22 African American, Hispanic or Latino, Native American, 23 Asian, and any other category as required by Department 24 rule. This plan shall include a current detailed status 25 report: 26 (a) indicating, by each position in State 27 service, the number, percentage, and average salary 28 of individuals employed by race, national origin, 29 sex and disability, and any other category that the 30 Department may require by rule; 31 (b) identifying all positions in which the 32 percentage of the people employed by race, national 33 origin, sex and disability, and any other category 34 that the Department may require by rule, is less -3- LRB9000843WHmgB 1 than four-fifths of the percentage of each of those 2 components in the State work force; 3 (c) specifying the goals and methods for 4 increasing the percentage by race, national origin, 5 sex and disability, and any other category that the 6 Department may require by rule, in State positions; 7 (d) indicating progress and problems toward 8 meeting equal employment opportunity goals, 9 including, if applicable, but not limited to, 10 Department of Central Management Services 11 recruitment efforts, publicity, promotions, and use 12 of options designating positions by linguistic 13 abilities; 14 (e) establishing a numerical hiring goal for 15 the employment of qualified persons with 16 disabilities in the agency as a whole, to be based 17 on the proportion of people with work disabilities 18 in the Illinois labor force as reflected in the most 19 recent decennial Census. 20 (4) If the agency has 1000 or more employees, 21 appoint a full-time Equal Employment Opportunity officer, 22 subject to the Department's approval, whose duties shall 23 include: 24 (a) Advising the head of the particular State 25 agency with respect to the preparation of equal 26 employment opportunity programs, procedures, 27 regulations, reports, and the agency's affirmative 28 action plan. 29 (b) Evaluating in writing each fiscal year the 30 sufficiency of the total agency program for equal 31 employment opportunity and reporting thereon to the 32 head of the agency with recommendations as to any 33 improvement or correction in recruiting, hiring or 34 promotion needed, including remedial or disciplinary -4- LRB9000843WHmgB 1 action with respect to managerial or supervisory 2 employees who have failed to cooperate fully or who 3 are in violation of the program. 4 (c) Making changes in recruitment, training 5 and promotion programs and in hiring and promotion 6 procedures designed to eliminate discriminatory 7 practices when authorized. 8 (d) Evaluating tests, employment policies, 9 practices and qualifications and reporting to the 10 head of the agency and to the Department any 11 policies, practices and qualifications that have 12 unequal impact by race, national origin as required 13 by Department rule, sex or disability or any other 14 category that the Department may require by rule, 15 and to assist in the recruitment of people in 16 underrepresented classifications. This function 17 shall be performed in cooperation with the State 18 Department of Central Management Services. 19 (e) Making any aggrieved employee or applicant 20 for employment aware of his or her remedies under 21 this Act. 22 In any meeting, investigation, negotiation, 23 conference, or other proceeding between a State 24 employee and an Equal Employment Opportunity 25 officer, a State employee (1) who is not covered by 26 a collective bargaining agreement and (2) who is the 27 complaining party or the subject of such proceeding 28 may be accompanied, advised and represented by (1) 29 an attorney licensed to practice law in the State of 30 Illinois or (2) a representative of an employee 31 organization whose membership is composed of 32 employees of the State and of which the employee is 33 a member. A representative of an employee, other 34 than an attorney, may observe but may not actively -5- LRB9000843WHmgB 1 participate, or advise the State employee during the 2 course of such meeting, investigation, negotiation, 3 conference or other proceeding. Nothing in this 4 Section shall be construed to permit any person who 5 is not licensed to practice law in Illinois to 6 deliver any legal services or otherwise engage in 7 any activities that would constitute the 8 unauthorized practice of law. Any representative of 9 an employee who is present with the consent of the 10 employee, shall not, during or after termination of 11 the relationship permitted by this Section with the 12 State employee, use or reveal any information 13 obtained during the course of the meeting, 14 investigation, negotiation, conference or other 15 proceeding without the consent of the complaining 16 party and any State employee who is the subject of 17 the proceeding and pursuant to rules and regulations 18 governing confidentiality of such information as 19 promulgated by the appropriate State agency. 20 Intentional or reckless disclosure of information in 21 violation of these confidentiality requirements 22 shall constitute a Class B misdemeanor. 23 (5) Establish, maintain and carry out a continuing 24 sexual harassment program that shall include the 25 following: 26 (a) Develop a written sexual harassment policy 27 that includes at a minimum the following 28 information: (i) the illegality of sexual 29 harassment; (ii) the definition of sexual harassment 30 under State law; (iii) a description of sexual 31 harassment, utilizing examples; (iv) the agency's 32 internal complaint process including penalties; (v) 33 the legal recourse, investigative and complaint 34 process available through the Department and the -6- LRB9000843WHmgB 1 Commission; (vi) directions on how to contact the 2 Department and Commission; and (vii) protection 3 against retaliation as provided by Section 6-101 of 4 this Act. The policy shall be reviewed annually. 5 (b) Post in a prominent and accessible 6 location and distribute in a manner to assure notice 7 to all agency employees without exception the 8 agency's sexual harassment policy. Such documents 9 may meet, but shall not exceed, the 6th grade 10 literacy level. Distribution shall be effectuated 11 within 90 days of the effective date of this 12 amendatory Act of 1992 and shall occur annually 13 thereafter. 14 (c) Provide training on sexual harassment 15 prevention and the agency's sexual harassment policy 16 as a component of all ongoing or new employee 17 training programs. 18 As used in this subsection (B), "disability" shall be 19 defined in rules promulgated under the Illinois 20 Administrative Procedure Act. 21 (C) Civil Rights Violations. It is a civil rights 22 violation for any public contractor or eligible bidder to: 23 (1) fail to comply with the public contractor's or 24 eligible bidder's duty to refrain from unlawful 25 discrimination and discrimination based on citizenship 26 status in employment under subsection (A)(1) of this 27 Section; or 28 (2) fail to comply with the public contractor's or 29 eligible bidder's duties of affirmative action under 30 subsection (A) of this Section, provided however, that 31 the Department has notified the public contractor or 32 eligible bidder in writing by certified mail that the 33 public contractor or eligible bidder may not be in 34 compliance with affirmative action requirements of -7- LRB9000843WHmgB 1 subsection (A). A minimum of 60 days to comply with the 2 requirements shall be afforded to the public contractor 3 or eligible bidder before the Department may issue formal 4 notice of non-compliance. 5 (D) The Department is required to conduct an annual 6 compliance audit of each State agency, regardless of size, to 7 which subsection (B) applies. The audit shall determine the 8 agency's overall compliance or lack of compliance with the 9 applicable provisions of this Section. The Department shall 10 make the results of all audits available to the public. 11 (Source: P.A. 88-498; 89-370, eff. 8-18-95.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.