[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0178
SB1174 Enrolled LRB9106029WHpk
AN ACT to amend the Illinois Human Rights Act by changing
Section 2-105.
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 2-105 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.
(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
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:
African American, Hispanic or Latino, Native American,
Asian, and any other category as required by Department
rule. 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 decennial Census.
(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.
(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 Community Affairs.
(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 Community Affairs. Failure to give
such notice shall not invalidate the layoff or
postpone its effective date.
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.
(Source: P.A. 88-498; 89-370, eff. 8-18-95.)
[ Top ]