Rep. Stephanie A. Kifowit
Filed: 3/24/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 647
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 647 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Victims' Economic Security and Safety Act | ||||||
5 | is amended by changing Section 30 as follows:
| ||||||
6 | (820 ILCS 180/30)
| ||||||
7 | Sec. 30. Victims' employment sustainability; prohibited
| ||||||
8 | discriminatory acts. | ||||||
9 | (a) An employer shall not fail to hire, refuse to hire,
| ||||||
10 | discharge, constructively discharge, or harass any individual, | ||||||
11 | otherwise discriminate against any
individual with respect to | ||||||
12 | the compensation, terms, conditions, or
privileges of | ||||||
13 | employment of the individual, or retaliate against an
| ||||||
14 | individual in any form or manner, and a public agency shall not | ||||||
15 | deny,
reduce, or terminate the benefits of, otherwise sanction, | ||||||
16 | or harass any
individual, otherwise discriminate against any |
| |||||||
| |||||||
1 | individual with respect
to the amount, terms, or conditions of | ||||||
2 | public assistance of the
individual, or retaliate against an | ||||||
3 | individual in any form or manner,
because:
| ||||||
4 | (1) the individual involved:
| ||||||
5 | (A) is or is perceived to be a victim of domestic | ||||||
6 | or sexual
violence;
| ||||||
7 | (B) attended, participated in, prepared for, or | ||||||
8 | requested
leave to attend, participate in, or prepare | ||||||
9 | for a criminal
or civil court proceeding relating to an | ||||||
10 | incident of
domestic or sexual violence of which the | ||||||
11 | individual or a
family or household member of the | ||||||
12 | individual was a victim, or requested or took leave for | ||||||
13 | any other reason provided under Section 20;
| ||||||
14 | (C) requested an adjustment to a job structure, | ||||||
15 | workplace
facility, or work requirement, including a | ||||||
16 | transfer,
reassignment, or modified schedule, leave, a | ||||||
17 | changed
telephone number or seating assignment, | ||||||
18 | installation of a
lock, or implementation of a safety | ||||||
19 | procedure in response
to actual or threatened domestic | ||||||
20 | or sexual violence,
regardless of whether the request | ||||||
21 | was granted; or | ||||||
22 | (D) is an employee whose employer is subject to | ||||||
23 | Section 21 of the Workplace Violence Prevention Act; or
| ||||||
24 | (2) the workplace is disrupted or threatened by the | ||||||
25 | action of a
person whom the individual states has committed | ||||||
26 | or threatened to
commit domestic or sexual violence against |
| |||||||
| |||||||
1 | the individual or the
individual's family or household | ||||||
2 | member.
| ||||||
3 | (a-5) An employer shall not refuse to make reasonable | ||||||
4 | accommodations in the workplace for an employee protected under | ||||||
5 | an order of protection that requires a person to stay away from | ||||||
6 | an employee's workplace or otherwise relates to or affects or | ||||||
7 | extends to the employee's workplace, including: | ||||||
8 | (1) changing the contact information, such as | ||||||
9 | telephone number, fax number, or electronic-mail address | ||||||
10 | of the employee; | ||||||
11 | (2) screening the telephone calls of the employee; | ||||||
12 | (3) restructuring the job functions of the employee; | ||||||
13 | (4) changing the work location of the employee; | ||||||
14 | (5) installing locks and other security devices; | ||||||
15 | (6) allowing the employee to work flexible hours; and | ||||||
16 | (7) contacting law enforcement authorities in the | ||||||
17 | event of a violation of an order of protection at the | ||||||
18 | workplace. | ||||||
19 | The employee and employer shall engage in a timely, good | ||||||
20 | faith, and meaningful exchange within 15 days after the | ||||||
21 | employer is notified of the existence of the order of | ||||||
22 | protection to determine effective reasonable accommodations. | ||||||
23 | An employer is not required to make the reasonable | ||||||
24 | accommodations if they are not requested by the protected | ||||||
25 | employee or if they cause undue hardship on the work operations | ||||||
26 | of the employer. The employer shall maintain records of all |
| |||||||
| |||||||
1 | actions taken in accordance with this subsection. | ||||||
2 | As used in this subsection (a-5) only, "undue hardship" | ||||||
3 | means accommodations that: (i) conflict with the employer's | ||||||
4 | attendance policy or residency requirement; or (ii) cause a | ||||||
5 | significant difficulty or expense on the operation of an | ||||||
6 | employer, when considered in light of the following factors: | ||||||
7 | (A) the nature and cost of the reasonable accommodation | ||||||
8 | needed; | ||||||
9 | (B) the overall financial resources, number of | ||||||
10 | employees, and the number, type, and placement of the work | ||||||
11 | locations of an employer; and | ||||||
12 | (C) the type of operation of the employer, including | ||||||
13 | the composition, structure, and functions of the workforce | ||||||
14 | of the employer, the geographic separateness of the | ||||||
15 | employee's work location from the employer, and the | ||||||
16 | administrative or fiscal relationship of the work location | ||||||
17 | to the employer. | ||||||
18 | Prior to making the reasonable accommodations under this | ||||||
19 | subsection, an employer may verify that an employee is | ||||||
20 | protected by an order of protection entered under Article 112A | ||||||
21 | of the Code of Criminal Procedure of 1963 or the Illinois | ||||||
22 | Domestic Violence Act of 1986. An employee for whom reasonable | ||||||
23 | accommodations are made under this subsection shall notify the | ||||||
24 | employer when the order of protection expires. | ||||||
25 | (b) In this Section:
| ||||||
26 | (1) "Discriminate", used with respect to the terms, |
| |||||||
| |||||||
1 | conditions,
or privileges of employment or with respect to | ||||||
2 | the terms or
conditions of public assistance, includes not | ||||||
3 | making a reasonable
accommodation to the known limitations | ||||||
4 | resulting from
circumstances relating to being a victim of | ||||||
5 | domestic or sexual
violence or a family or household member | ||||||
6 | being a victim of
domestic or sexual violence of an | ||||||
7 | otherwise qualified individual:
| ||||||
8 | (A) who is:
| ||||||
9 | (i) an applicant or employee of the employer | ||||||
10 | (including a
public agency); or
| ||||||
11 | (ii) an applicant for or recipient of public | ||||||
12 | assistance
from a public agency; and
| ||||||
13 | (B) who is:
| ||||||
14 | (i) a victim of domestic or sexual violence; or
| ||||||
15 | (ii) with a family or household member who is a | ||||||
16 | victim of
domestic or sexual violence whose | ||||||
17 | interests are not adverse to
the individual in | ||||||
18 | subparagraph (A) as it relates to the domestic
or | ||||||
19 | sexual violence;
| ||||||
20 | unless the employer or public agency can demonstrate that | ||||||
21 | the
accommodation would impose an undue hardship on the | ||||||
22 | operation of
the employer or public agency.
| ||||||
23 | A reasonable accommodation must be made in a timely | ||||||
24 | fashion. Any exigent circumstances or danger facing the | ||||||
25 | employee or his or her family or household member shall be | ||||||
26 | considered in determining whether the accommodation is |
| |||||||
| |||||||
1 | reasonable. | ||||||
2 | (2) "Qualified individual" means:
| ||||||
3 | (A) in the case of an applicant or employee | ||||||
4 | described in
paragraph (1)(A)(i), an individual who, | ||||||
5 | but for being a
victim of domestic or sexual violence | ||||||
6 | or with a family or
household member who is a victim of | ||||||
7 | domestic or sexual
violence, can perform the essential | ||||||
8 | functions of the
employment position that such | ||||||
9 | individual holds or desires;
or
| ||||||
10 | (B) in the case of an applicant or recipient | ||||||
11 | described in
paragraph (1)(A)(ii), an individual who, | ||||||
12 | but for being a
victim of domestic or sexual violence | ||||||
13 | or with a family or
household member who is a victim of | ||||||
14 | domestic or sexual
violence, can satisfy the essential | ||||||
15 | requirements of the
program providing the public | ||||||
16 | assistance that the individual
receives or desires.
| ||||||
17 | (3) "Reasonable accommodation" may include an | ||||||
18 | adjustment to a job
structure, workplace facility, or work | ||||||
19 | requirement, including a
transfer, reassignment, or | ||||||
20 | modified schedule, leave, a changed
telephone number or | ||||||
21 | seating assignment, installation of a lock,
or | ||||||
22 | implementation of a safety procedure, or assistance in | ||||||
23 | documenting domestic or sexual violence that occurs at the | ||||||
24 | workplace or in work-related settings, in response to | ||||||
25 | actual or
threatened domestic or sexual violence.
| ||||||
26 | (4) Undue hardship.
|
| |||||||
| |||||||
1 | (A) In general. "Undue hardship" means an action | ||||||
2 | requiring
significant difficulty or expense, when | ||||||
3 | considered in light
of the factors set forth in | ||||||
4 | subparagraph (B).
| ||||||
5 | (B) Factors to be considered. In determining | ||||||
6 | whether a
reasonable accommodation would impose an | ||||||
7 | undue hardship on
the operation of an employer or | ||||||
8 | public agency, factors to
be considered include:
| ||||||
9 | (i) the nature and cost of the reasonable
| ||||||
10 | accommodation needed under this Section;
| ||||||
11 | (ii) the overall financial resources of the | ||||||
12 | facility
involved in the provision of the | ||||||
13 | reasonable
accommodation, the number of persons | ||||||
14 | employed at such
facility, the effect on expenses | ||||||
15 | and resources, or
the impact otherwise of such | ||||||
16 | accommodation on the
operation of the facility;
| ||||||
17 | (iii) the overall financial resources of the | ||||||
18 | employer
or public agency, the overall size of the | ||||||
19 | business of
an employer or public agency with | ||||||
20 | respect to the
number of employees of the employer | ||||||
21 | or public agency,
and the number, type, and | ||||||
22 | location of the facilities
of an employer or public | ||||||
23 | agency; and
| ||||||
24 | (iv) the type of operation of the employer or | ||||||
25 | public
agency, including the composition, | ||||||
26 | structure, and
functions of the workforce of the |
| |||||||
| |||||||
1 | employer or public
agency, the geographic | ||||||
2 | separateness of the facility
from the employer or | ||||||
3 | public agency, and the
administrative or fiscal | ||||||
4 | relationship of the facility
to the employer or | ||||||
5 | public agency.
| ||||||
6 | (c) An employer subject to Section 21 of the Workplace | ||||||
7 | Violence Prevention Act shall not violate any provisions of the | ||||||
8 | Workplace Violence Prevention Act. | ||||||
9 | (Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)".
|