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Public Act 095-0025
Public Act 0025 95TH GENERAL ASSEMBLY
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Public Act 095-0025 |
HB0166 Enrolled |
LRB095 04035 WGH 24072 b |
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| 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.
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| (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.)
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Effective Date: 1/1/2008
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