Illinois General Assembly - Full Text of Public Act 095-0025
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Public Act 095-0025




Public Act 095-0025
HB0166 Enrolled LRB095 04035 WGH 24072 b

    AN ACT concerning human rights.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Human Rights Act is amended by
changing Section 2-102 as follows:
    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
    Sec. 2-102. Civil Rights Violations - Employment. It is a
civil rights violation:
    (A) Employers. For any 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 unlawful
discrimination or citizenship status.
    (A-5) Language. For an employer to impose a restriction
that has the effect of prohibiting a language from being spoken
by an employee in communications that are unrelated to the
employee's duties.
    For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish, or
Chinese. "Language" does not include such things as slang,
jargon, profanity, or vulgarity.
    (B) Employment Agency. For any employment agency to fail or
refuse to classify properly, accept applications and register
for employment referral or apprenticeship referral, refer for
employment, or refer for apprenticeship on the basis of
unlawful discrimination or citizenship status or to accept from
any person any job order, requisition or request for referral
of applicants for employment or apprenticeship which makes or
has the effect of making unlawful discrimination or
discrimination on the basis of citizenship status a condition
of referral.
    (C) Labor Organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to take, or
fail to take, any action which affects adversely any person's
status as an employee or as an applicant for employment or as
an apprentice, or as an applicant for apprenticeships, or
wages, tenure, hours of employment or apprenticeship
conditions on the basis of unlawful discrimination or
citizenship status.
    (D) Sexual Harassment. For any employer, employee, agent of
any employer, employment agency or labor organization to engage
in sexual harassment; provided, that an employer shall be
responsible for sexual harassment of the employer's employees
by nonemployees or nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and fails to
take reasonable corrective measures.
    (E) Public Employers. For any public employer to refuse to
permit a public employee under its jurisdiction who takes time
off from work in order to practice his or her religious beliefs
to engage in work, during hours other than such employee's
regular working hours, consistent with the operational needs of
the employer and in order to compensate for work time lost for
such religious reasons. Any employee who elects such deferred
work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work period.
The employer may require that an employee who plans to take
time off from work in order to practice his or her religious
beliefs provide the employer with a notice of his or her
intention to be absent from work not exceeding 5 days prior to
the date of absence.
    (F) Training and Apprenticeship Programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
    (G) Immigration-Related Practices. For an employer to
request for purposes of satisfying the requirements of Section
1324a(b) of Title 8 of the United States Code, as now or
hereafter amended, more or different documents than are
required under such Section or to refuse to honor documents
tendered that on their face reasonably appear to be genuine.
    (H) Pregnancy; peace officers and fire fighters. For a
public employer to refuse to temporarily transfer a pregnant
female peace officer or pregnant female fire fighter to a less
strenuous or hazardous position for the duration of her
pregnancy if she so requests, with the advice of her physician,
where that transfer can be reasonably accommodated. For the
purposes of this subdivision (H), "peace officer" and "fire
fighter" have the meanings ascribed to those terms in Section 3
of the Illinois Public Labor Relations Act.
    It is not a civil rights violation for an employer to take
any action that is required by Section 1324a of Title 8 of the
United States Code, as now or hereafter amended.
(Source: P.A. 93-217, eff. 1-1-04.)

Effective Date: 1/1/2008