State of Illinois
90th General Assembly
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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.

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