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Public Act 098-0212 |
HB1370 Enrolled | LRB098 04193 HEP 34216 b |
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AN ACT concerning human rights.
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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 |
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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 E-Verify 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 |
E-Verify Basic Pilot Program. |
(H) Pregnancy;
peace officers and fire fighters. For a |
public employer to refuse to temporarily transfer a pregnant
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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.
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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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(I) Pregnancy. For an 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, |
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privileges or conditions of employment on the basis of |
pregnancy, childbirth, or related medical conditions. Women |
affected by pregnancy, childbirth, or related medical |
conditions shall be treated the same for all employment-related |
purposes, including receipt of benefits under fringe benefit |
programs, as other persons not so affected but similar in their |
ability or inability to work. |
(Source: P.A. 97-596, eff. 8-26-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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