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| Public Act 095-0137 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Section 2-102 as follows:
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(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||
civil
rights violation:
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(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
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discrimination or citizenship status.
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(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.
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For the purposes of this subdivision (A-5), "language" | ||||
means a person's
native tongue, such as Polish, Spanish, or
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Chinese.
"Language" does not include such things as slang, | ||||
jargon, profanity, or
vulgarity.
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(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
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has the effect of making unlawful discrimination or | ||
discrimination on the
basis of citizenship status a condition | ||
of referral.
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(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.
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(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
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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
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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
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the date of absence.
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(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.
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(G) Immigration-Related Practices. | ||
(1) 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; or
.
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(2) For an employer participating in the Basic Pilot | ||
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||
Programs for Employment Eligibility Confirmation (enacted | ||
by PL 104-208, div. C title IV, subtitle A) 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 without | ||
following the procedures under the Basic Pilot Program. | ||
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.
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(Source: P.A. 93-217, eff. 1-1-04.)
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Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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