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Public Act 100-0698
Public Act 0698 100TH GENERAL ASSEMBLY
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Public Act 100-0698
| | SB0405 Enrolled | LRB100 04975 RJF 14985 b |
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| AN ACT concerning government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Procurement Code is amended by | adding Section 50-80 as follows:
| (30 ILCS 500/50-80 new) | Sec. 50-80. Sexual harassment policy. Each bidder who | submits a bid or offer for a State contract under this Code | shall have a sexual harassment policy in accordance with | paragraph (4) of subsection (A) of Section 2-105 of the | Illinois Human Rights Act. A copy of the policy shall be | provided to the State agency entering into the contract upon | request.
| Section 10. The Economic Development for a Growing Economy | Tax Credit Act is amended by changing Section 5-20 and by | adding Section 5-58 as follows:
| (35 ILCS 10/5-20)
| Sec. 5-20. Application for a project to create and retain | new jobs.
| (a) Any Taxpayer proposing a project located or planned to | be located in
Illinois may request consideration
for |
| designation of its project, by formal written letter of request | or by
formal application to the Department,
in which the | Applicant states its intent to make at least a specified level | of
investment and
intends to hire or retain a
specified number | of full-time employees at a designated location in Illinois.
As
| circumstances require, the
Department may require a formal | application from an Applicant and a formal
letter of request | for
assistance.
| (b) In order to qualify for Credits under this Act, an | Applicant's project
must:
| (1) if the Applicant has more than 100 employees, | involve an investment of at least $2,500,000 in capital | improvements
to be placed in service within the
State as a | direct result of the project; if the Applicant has 100 or | fewer employees, then there is no capital investment | requirement; and
| (1.5) if the Applicant has more than 100 employees, | employ a number of new employees in the State equal to the | lesser of (A) 10% of the number of full-time employees | employed by the applicant world-wide on the date the | application is filed with the Department or (B) 50 New | Employees; and, if the Applicant has 100 or fewer | employees, employ a number of new employees in the State | equal to the lesser of (A) 5% of the number of full-time | employees employed by the applicant world-wide on the date | the application is filed with the Department or (B) 50 New |
| Employees; and | (2) (blank); | (3) (blank); .
| (4) include an annual sexual harassment policy report | as provided under Section 5-58. | (c) After receipt of an application, the Department may | enter into an
Agreement with the Applicant if the
application | is accepted in accordance with Section 5-25.
| (Source: P.A. 100-511, eff. 9-18-17.)
| (35 ILCS 10/5-58 new) | Sec. 5-58. Sexual harassment policy report. Each taxpayer | claiming a credit under this Act shall, no later than April 15 | of each taxable year for which the taxpayer claims a credit | under this Act, submit to the Department of Commerce and | Economic Opportunity a report detailing that taxpayer's sexual | harassment policy, which contains, at a minimum, the following | information: (i) the illegality of sexual harassment; (ii) the | definition of sexual harassment under State law; (iii) a | description of sexual harassment, utilizing examples; (iv) the | vendor's internal complaint process, including penalties; (v) | the legal recourse, and investigative and complaint processes | available through the Department; (vi) directions on how to | contact the Department; and (vii) protection against | retaliation as provided by Section 6-101 of the Illinois Human | Rights Act. A copy of the policy shall be provided to the |
| Department upon request. The reports required under this | Section shall be submitted in a form and manner determined by | the Department of Commerce and Economic Opportunity.
| Section 15. The Illinois Human Rights Act is amended by | changing Section 2-105 as follows:
| (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| Sec. 2-105. Equal Employment Opportunities; Affirmative | Action.
| (A) Public Contracts. Every party to a public contract and | every
eligible bidder shall:
| (1) Refrain from unlawful discrimination and | discrimination based on
citizenship status in employment | and undertake affirmative action to assure
equality of | employment opportunity and eliminate the effects of past
| discrimination;
| (2) Comply with the procedures and requirements of the | Department's
regulations concerning equal employment | opportunities and affirmative action;
| (3) Provide such information, with respect to its | employees and
applicants for employment, and assistance as | the Department may
reasonably request;
| (4) Have written sexual harassment policies that shall | include, at a
minimum, the following information: (i) the | illegality of
sexual harassment; (ii) the definition of |
| sexual harassment under State
law; (iii) a description of | sexual harassment, utilizing examples; (iv) the
vendor's | internal complaint process including penalties; (v) the | legal
recourse, investigative and complaint process | available through the
Department and the Commission; (vi) | directions on how to contact the
Department and Commission; | and (vii) protection against retaliation as
provided by | Section 6-101 of this Act. A copy of the policies shall
be | provided to the Department upon request. Additionally, | each bidder who submits a bid or offer for a State contract | under the Illinois Procurement Code shall have a written | copy of the bidder's sexual harassment policy as required | under this paragraph (4). A copy of the policy shall be | provided to the State agency entering into the contract | upon request.
| (B) State Agencies. Every State executive department, | State agency,
board, commission, and instrumentality shall:
| (1) Comply with the procedures and requirements of the | Department's
regulations concerning equal employment | opportunities and affirmative action;
| (2) Provide such information and assistance as the | Department may request.
| (3) Establish, maintain, and carry out a continuing | affirmative action
plan consistent with this Act and the | regulations of the Department designed
to promote equal | opportunity for all State residents in every aspect of
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| agency personnel policy and practice. For purposes of these | affirmative
action plans, the race and national origin | categories to be included in the
plans are: American Indian | or Alaska Native, Asian, Black or African American, | Hispanic or Latino, Native Hawaiian or Other Pacific | Islander. | This plan shall
include a current detailed status | report:
| (a) indicating, by each position in State service, | the number,
percentage, and average salary of | individuals employed by race, national
origin, sex and | disability, and any other category that the Department | may
require by rule;
| (b) identifying all positions in which the | percentage of the people
employed by race, national | origin, sex and disability, and any other
category that | the Department may require by rule, is less than | four-fifths of
the percentage of each of those | components in the State work force;
| (c) specifying the goals and methods for | increasing the percentage
by race, national origin, | sex and disability, and any other category
that the | Department may require by rule, in State positions;
| (d) indicating progress and problems toward | meeting equal employment
opportunity goals, including, | if applicable, but not limited to, Department
of |
| Central Management Services recruitment efforts, | publicity, promotions,
and use of options designating | positions by linguistic abilities;
| (e) establishing a numerical hiring goal for the | employment of
qualified persons with disabilities in | the agency as a whole, to be based
on the proportion of | people with work disabilities in the Illinois labor
| force as reflected in the most recent employment data | made available by the United States Census Bureau.
| (4) If the agency has 1000 or more employees, appoint a | full-time Equal
Employment Opportunity officer, subject to | the Department's approval, whose
duties shall include:
| (a) Advising the head of the particular State | agency with respect to the
preparation of equal | employment opportunity programs, procedures, | regulations,
reports, and the agency's affirmative | action plan.
| (b) Evaluating in writing each fiscal year the | sufficiency of the total
agency program for equal | employment opportunity and reporting thereon to
the | head of the agency with recommendations as to any | improvement or
correction in recruiting, hiring or | promotion needed, including remedial or
disciplinary | action with respect to managerial or supervisory | employees who
have failed to cooperate fully or who are | in violation of the program.
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| (c) Making changes in recruitment, training and | promotion programs
and in hiring and promotion | procedures designed to eliminate
discriminatory | practices when authorized.
| (d) Evaluating tests, employment policies,
| practices and qualifications
and reporting to the head | of the agency and to the Department any policies,
| practices and qualifications that have unequal impact | by race, national origin
as required by Department | rule, sex or disability or any other category that
the | Department may require by rule, and to assist in the | recruitment of people
in underrepresented | classifications. This function shall be performed in
| cooperation with the State Department of Central | Management Services.
| (e) Making any aggrieved employee or applicant for | employment aware of
his or her remedies under this Act.
| In any meeting, investigation, negotiation, | conference, or other
proceeding between a State | employee and an Equal Employment Opportunity
officer, | a State employee (1) who is not covered by a collective | bargaining
agreement and (2) who is the complaining | party or the subject of such
proceeding may be | accompanied, advised and represented by (1) an | attorney
licensed to practice law in the State of | Illinois or (2) a representative of an
employee |
| organization whose membership is composed of employees | of the State
and of which the employee is a member. A | representative of an employee, other
than an attorney, | may observe but may not actively participate, or advise | the
State employee during the course of such meeting, | investigation, negotiation,
conference or other | proceeding. Nothing in this Section shall be
construed | to permit any person who is not licensed to practice | law in Illinois
to deliver any legal services or | otherwise engage in any activities that would
| constitute the unauthorized practice of law. Any | representative of an employee
who is present with the | consent of the employee, shall not, during or after
| termination of the relationship permitted by this | Section with the State
employee, use or reveal any | information obtained during the course of the
meeting, | investigation, negotiation, conference or other | proceeding without the
consent of the complaining | party and any State employee who is the subject of
the | proceeding and pursuant to rules and regulations | governing confidentiality
of such information as | promulgated by the appropriate State agency.
| Intentional or reckless disclosure of information in | violation of these
confidentiality requirements shall | constitute a Class B misdemeanor.
| (5) Establish, maintain and carry out a continuing |
| sexual harassment
program that shall include the | following:
| (a) Develop a written sexual harassment policy | that includes at a
minimum the following information: | (i) the illegality of sexual harassment;
(ii) the | definition of sexual harassment under State law; (iii) | a
description of sexual harassment, utilizing | examples; (iv) the agency's
internal complaint process | including penalties; (v) the legal recourse,
| investigative and complaint process available through | the Department and
the Commission; (vi) directions on | how to contact the Department and
Commission; and (vii) | protection against retaliation as provided by Section
| 6-101 of this Act. The policy shall be reviewed | annually.
| (b) Post in a prominent and accessible location and | distribute in a
manner to assure notice to all agency | employees without exception the
agency's sexual | harassment policy. Such documents may meet, but shall | not
exceed, the 6th grade literacy level. Distribution | shall be effectuated within
90 days of the effective | date of this amendatory Act of 1992 and shall occur
| annually thereafter.
| (c) Provide training on sexual harassment | prevention and the
agency's sexual harassment policy | as a component of all ongoing or new
employee training |
| programs.
| (6) Notify the Department 30 days before effecting any | layoff. Once
notice is given, the following shall occur:
| (a) No layoff may be effective
earlier than 10 | working days after
notice to the Department, unless an
| emergency layoff situation exists.
| (b) The State executive department, State agency, | board, commission,
or instrumentality in which the | layoffs are to occur must
notify each employee targeted | for layoff, the employee's union
representative (if | applicable), and the State Dislocated Worker Unit at | the
Department of Commerce and Economic Opportunity.
| (c) The State executive department, State agency, | board, commission,
or instrumentality in
which the | layoffs are to occur must conform to applicable | collective
bargaining agreements.
| (d) The State executive department, State agency, | board, commission, or
instrumentality in which the | layoffs are to occur should notify each employee
| targeted for layoff that transitional assistance may | be available to him or her
under the Economic | Dislocation and Worker Adjustment Assistance Act
| administered by the Department of Commerce and | Economic Opportunity. Failure to
give such notice | shall not invalidate the layoff or postpone its | effective
date.
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| As used in this subsection (B), "disability" shall be | defined in
rules promulgated under the Illinois Administrative
| Procedure Act.
| (C) Civil Rights Violations. It is a civil rights violation | for any
public contractor or eligible bidder to:
| (1) fail to comply with the public contractor's or | eligible bidder's
duty to refrain from unlawful | discrimination and discrimination based on
citizenship | status in employment under subsection (A)(1) of this | Section; or
| (2) fail to comply with the public contractor's or | eligible bidder's
duties of affirmative action under | subsection (A) of this Section, provided
however, that the
| Department has notified the public contractor or eligible | bidder in writing
by certified mail that the public | contractor or eligible bidder may not be
in compliance with | affirmative action requirements of subsection (A). A
| minimum
of 60 days to comply with the requirements shall be | afforded to the public
contractor or eligible bidder before | the Department may issue formal notice of
non-compliance.
| (D) As used in this Section: | (1) "American Indian or Alaska Native" means a person | having origins in any of the original peoples of North and | South America, including Central America, and who | maintains tribal affiliation or community attachment. | (2) "Asian" means a person having origins in any of the |
| original peoples of the Far East, Southeast Asia, or the | Indian subcontinent, including, but not limited to, | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | the Philippine Islands, Thailand, and Vietnam. | (3) "Black or African American" means a person having | origins in any of the black racial groups of Africa. Terms | such as "Haitian" or "Negro" can be used in addition to | "Black or African American". | (4) "Hispanic or Latino" means a person of Cuban, | Mexican, Puerto Rican, South or Central American, or other | Spanish culture or origin, regardless of race. | (5) "Native Hawaiian or Other Pacific Islander" means a | person having origins in any of the original peoples of | Hawaii, Guam, Samoa, or other Pacific Islands. | (Source: P.A. 99-933, eff. 1-27-17.)
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Effective Date: 1/1/2019
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