|
| | SB1561 Engrossed | | LRB102 17210 LNS 22668 b |
|
|
1 | | AN ACT concerning human rights.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Human Rights Act is amended by |
5 | | changing Sections 1-103, 2-105, 5A-101.1, 6-101, 7A-101, |
6 | | 7B-101, 7B-102, 8A-101, and 8B-101 and by adding Sections |
7 | | 3-102.10 and 6-101.5 as follows: |
8 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) |
9 | | Sec. 1-103. General definitions. When used in this Act, |
10 | | unless the
context requires otherwise, the term:
|
11 | | (A) Age. "Age" means the chronological age of a person who |
12 | | is at least
40 years old, except with regard to any practice |
13 | | described in Section
2-102, insofar as that practice concerns |
14 | | training or apprenticeship
programs. In the case of training |
15 | | or apprenticeship programs, for the
purposes of Section 2-102, |
16 | | "age" means the chronological age of a person
who is 18 but not |
17 | | yet 40 years old.
|
18 | | (B) Aggrieved party. "Aggrieved party" means a person who |
19 | | is alleged
or proved to have been injured by a civil rights |
20 | | violation or believes he
or she will be injured by a civil |
21 | | rights violation under Article 3 that is
about to occur.
|
22 | | (B-5) Arrest record. "Arrest record" means: |
23 | | (1) an arrest not leading to a conviction; |
|
| | SB1561 Engrossed | - 2 - | LRB102 17210 LNS 22668 b |
|
|
1 | | (2) a juvenile record; or |
2 | | (3) criminal history record information ordered |
3 | | expunged, sealed, or impounded under Section 5.2 of the |
4 | | Criminal Identification Act. |
5 | | (C) Charge. "Charge" means an allegation filed with the |
6 | | Department
by an aggrieved party or initiated by the |
7 | | Department under its
authority.
|
8 | | (D) Civil rights violation. "Civil rights violation" |
9 | | includes and
shall be limited to only those specific acts set |
10 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, |
11 | | 3-102.10 3-104 , 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, |
12 | | 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
|
13 | | (E) Commission. "Commission" means the Human Rights |
14 | | Commission
created by this Act.
|
15 | | (F) Complaint. "Complaint" means the formal pleading filed |
16 | | by
the Department with the Commission following an |
17 | | investigation and
finding of substantial evidence of a civil |
18 | | rights violation.
|
19 | | (G) Complainant. "Complainant" means a person including |
20 | | the
Department who files a charge of civil rights violation |
21 | | with the Department or
the Commission.
|
22 | | (H) Department. "Department" means the Department of Human |
23 | | Rights
created by this Act.
|
24 | | (I) Disability. "Disability" means a determinable physical |
25 | | or mental
characteristic of a person, including, but not |
26 | | limited to, a determinable
physical characteristic which |
|
| | SB1561 Engrossed | - 3 - | LRB102 17210 LNS 22668 b |
|
|
1 | | necessitates the person's use of a guide,
hearing or support |
2 | | dog, the history of such characteristic, or the
perception of |
3 | | such characteristic by the person complained against, which
|
4 | | may result from disease, injury, congenital condition of birth |
5 | | or
functional disorder and which characteristic:
|
6 | | (1) For purposes of Article 2, is unrelated to the |
7 | | person's ability
to perform the duties of a particular job |
8 | | or position and, pursuant to
Section 2-104 of this Act, a |
9 | | person's illegal use of drugs or alcohol is not a
|
10 | | disability;
|
11 | | (2) For purposes of Article 3, is unrelated to the |
12 | | person's ability
to acquire, rent, or maintain a housing |
13 | | accommodation;
|
14 | | (3) For purposes of Article 4, is unrelated to a |
15 | | person's ability to
repay;
|
16 | | (4) For purposes of Article 5, is unrelated to a |
17 | | person's ability to
utilize and benefit from a place of |
18 | | public accommodation;
|
19 | | (5) For purposes of Article 5, also includes any |
20 | | mental, psychological, or developmental disability, |
21 | | including autism spectrum disorders. |
22 | | (J) Marital status. "Marital status" means the legal |
23 | | status of being
married, single, separated, divorced, or |
24 | | widowed.
|
25 | | (J-1) Military status. "Military status" means a person's |
26 | | status on
active duty in or status as a veteran of the armed |
|
| | SB1561 Engrossed | - 4 - | LRB102 17210 LNS 22668 b |
|
|
1 | | forces of the United States, status as a current member or |
2 | | veteran of any
reserve component of the armed forces of the |
3 | | United States, including the United
States Army Reserve, |
4 | | United States Marine Corps Reserve, United States Navy
|
5 | | Reserve, United States Air Force Reserve, and United States |
6 | | Coast Guard
Reserve, or status as a current member or veteran |
7 | | of the Illinois Army National Guard or Illinois Air National
|
8 | | Guard.
|
9 | | (K) National origin. "National origin" means the place in |
10 | | which a
person or one of his or her ancestors was born.
|
11 | | (K-5) "Order of protection status" means a person's status |
12 | | as being a person protected under an order of protection |
13 | | issued pursuant to the Illinois Domestic Violence Act of 1986, |
14 | | Article 112A of the Code of Criminal Procedure of 1963, the |
15 | | Stalking No Contact Order Act, or the Civil No Contact Order |
16 | | Act, or an order of protection issued by a court of another |
17 | | state. |
18 | | (L) Person. "Person" includes one or more individuals, |
19 | | partnerships,
associations or organizations, labor |
20 | | organizations, labor unions, joint
apprenticeship committees, |
21 | | or union labor associations, corporations, the
State of |
22 | | Illinois and its instrumentalities, political subdivisions, |
23 | | units
of local government, legal representatives, trustees in |
24 | | bankruptcy
or receivers.
|
25 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, |
26 | | or medical or common conditions related to pregnancy or |
|
| | SB1561 Engrossed | - 5 - | LRB102 17210 LNS 22668 b |
|
|
1 | | childbirth. |
2 | | (M) Public contract. "Public contract" includes every |
3 | | contract to which the
State, any of its political |
4 | | subdivisions, or any municipal corporation is a
party.
|
5 | | (N) Religion. "Religion" includes all aspects of religious |
6 | | observance
and practice, as well as belief, except that with |
7 | | respect to employers, for
the purposes of Article 2, |
8 | | "religion" has the meaning ascribed to it in
paragraph (F) of |
9 | | Section 2-101.
|
10 | | (O) Sex. "Sex" means the status of being male or female.
|
11 | | (O-1) Sexual orientation. "Sexual orientation" means |
12 | | actual or
perceived heterosexuality, homosexuality, |
13 | | bisexuality, or gender-related identity,
whether or not |
14 | | traditionally associated with the person's designated sex at
|
15 | | birth. "Sexual orientation" does not include a physical or |
16 | | sexual attraction to a minor by an adult.
|
17 | | (P) Unfavorable military discharge. "Unfavorable military |
18 | | discharge"
includes discharges from the Armed Forces of the |
19 | | United States, their
Reserve components, or any National Guard |
20 | | or Naval Militia which are
classified as RE-3 or the |
21 | | equivalent thereof, but does not include those
characterized |
22 | | as RE-4 or "Dishonorable".
|
23 | | (Q) Unlawful discrimination. "Unlawful discrimination" |
24 | | means discrimination
against a person because of his or her |
25 | | actual or perceived: race, color, religion, national origin,
|
26 | | ancestry, age, sex, marital status, order of protection |
|
| | SB1561 Engrossed | - 6 - | LRB102 17210 LNS 22668 b |
|
|
1 | | status, disability, military status, sexual
orientation, |
2 | | pregnancy,
or unfavorable
discharge from military service as |
3 | | those terms are defined in this Section.
|
4 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; |
5 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
|
6 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
|
7 | | Sec. 2-105. Equal Employment Opportunities; Affirmative |
8 | | Action.
|
9 | | (A) Public Contracts. Every party to a public contract and |
10 | | every
eligible bidder shall:
|
11 | | (1) Refrain from unlawful discrimination and |
12 | | discrimination based on
citizenship status in employment |
13 | | and undertake affirmative action to assure
equality of |
14 | | employment opportunity and eliminate the effects of past
|
15 | | discrimination;
|
16 | | (2) Comply with the procedures and requirements of the |
17 | | Department's
regulations concerning equal employment |
18 | | opportunities and affirmative action;
|
19 | | (3) Provide such information, with respect to its |
20 | | employees and
applicants for employment, and assistance as |
21 | | the Department may
reasonably request;
|
22 | | (4) Have written sexual harassment policies that shall |
23 | | include, at a
minimum, the following information: (i) the |
24 | | illegality of
sexual harassment; (ii) the definition of |
25 | | sexual harassment under State
law; (iii) a description of |
|
| | SB1561 Engrossed | - 7 - | LRB102 17210 LNS 22668 b |
|
|
1 | | sexual harassment, utilizing examples; (iv) the
vendor's |
2 | | internal complaint process including penalties; (v) the |
3 | | legal
recourse, investigative and complaint process |
4 | | available through the
Department and the Commission; (vi) |
5 | | directions on how to contact the
Department and |
6 | | Commission; and (vii) protection against retaliation as
|
7 | | provided by Sections Section 6-101 and 6-101.5 of this |
8 | | Act. A copy of the policies shall
be provided to the |
9 | | Department upon request. Additionally, each bidder who |
10 | | submits a bid or offer for a State contract under the |
11 | | Illinois Procurement Code shall have a written copy of the |
12 | | bidder's sexual harassment policy as required under this |
13 | | paragraph (4). A copy of the policy shall be provided to |
14 | | the State agency entering into the contract upon request.
|
15 | | (B) State Agencies. Every State executive department, |
16 | | State agency,
board, commission, and instrumentality shall:
|
17 | | (1) Comply with the procedures and requirements of the |
18 | | Department's
regulations concerning equal employment |
19 | | opportunities and affirmative action;
|
20 | | (2) Provide such information and assistance as the |
21 | | Department may request.
|
22 | | (3) Establish, maintain, and carry out a continuing |
23 | | affirmative action
plan consistent with this Act and the |
24 | | regulations of the Department designed
to promote equal |
25 | | opportunity for all State residents in every aspect of
|
26 | | agency personnel policy and practice. For purposes of |
|
| | SB1561 Engrossed | - 8 - | LRB102 17210 LNS 22668 b |
|
|
1 | | these affirmative
action plans, the race and national |
2 | | origin categories to be included in the
plans are: |
3 | | American Indian or Alaska Native, Asian, Black or African |
4 | | American, Hispanic or Latino, Native Hawaiian or Other |
5 | | Pacific Islander. |
6 | | This plan shall
include a current detailed status |
7 | | report:
|
8 | | (a) indicating, by each position in State service, |
9 | | the number,
percentage, and average salary of |
10 | | individuals employed by race, national
origin, sex and |
11 | | disability, and any other category that the Department |
12 | | may
require by rule;
|
13 | | (b) identifying all positions in which the |
14 | | percentage of the people
employed by race, national |
15 | | origin, sex and disability, and any other
category |
16 | | that the Department may require by rule, is less than |
17 | | four-fifths of
the percentage of each of those |
18 | | components in the State work force;
|
19 | | (c) specifying the goals and methods for |
20 | | increasing the percentage
by race, national origin, |
21 | | sex and disability, and any other category
that the |
22 | | Department may require by rule, in State positions;
|
23 | | (d) indicating progress and problems toward |
24 | | meeting equal employment
opportunity goals, including, |
25 | | if applicable, but not limited to, Department
of |
26 | | Central Management Services recruitment efforts, |
|
| | SB1561 Engrossed | - 9 - | LRB102 17210 LNS 22668 b |
|
|
1 | | publicity, promotions,
and use of options designating |
2 | | positions by linguistic abilities;
|
3 | | (e) establishing a numerical hiring goal for the |
4 | | employment of
qualified persons with disabilities in |
5 | | the agency as a whole, to be based
on the proportion of |
6 | | people with work disabilities in the Illinois labor
|
7 | | force as reflected in the most recent employment data |
8 | | made available by the United States Census Bureau.
|
9 | | (4) If the agency has 1000 or more employees, appoint |
10 | | a full-time Equal
Employment Opportunity officer, subject |
11 | | to the Department's approval, whose
duties shall include:
|
12 | | (a) Advising the head of the particular State |
13 | | agency with respect to the
preparation of equal |
14 | | employment opportunity programs, procedures, |
15 | | regulations,
reports, and the agency's affirmative |
16 | | action plan.
|
17 | | (b) Evaluating in writing each fiscal year the |
18 | | sufficiency of the total
agency program for equal |
19 | | employment opportunity and reporting thereon to
the |
20 | | head of the agency with recommendations as to any |
21 | | improvement or
correction in recruiting, hiring or |
22 | | promotion needed, including remedial or
disciplinary |
23 | | action with respect to managerial or supervisory |
24 | | employees who
have failed to cooperate fully or who |
25 | | are in violation of the program.
|
26 | | (c) Making changes in recruitment, training and |
|
| | SB1561 Engrossed | - 10 - | LRB102 17210 LNS 22668 b |
|
|
1 | | promotion programs
and in hiring and promotion |
2 | | procedures designed to eliminate
discriminatory |
3 | | practices when authorized.
|
4 | | (d) Evaluating tests, employment policies,
|
5 | | practices and qualifications
and reporting to the head |
6 | | of the agency and to the Department any policies,
|
7 | | practices and qualifications that have unequal impact |
8 | | by race, national origin
as required by Department |
9 | | rule, sex or disability or any other category that
the |
10 | | Department may require by rule, and to assist in the |
11 | | recruitment of people
in underrepresented |
12 | | classifications. This function shall be performed in
|
13 | | cooperation with the State Department of Central |
14 | | Management Services.
|
15 | | (e) Making any aggrieved employee or applicant for |
16 | | employment aware of
his or her remedies under this |
17 | | Act.
|
18 | | In any meeting, investigation, negotiation, |
19 | | conference, or other
proceeding between a State |
20 | | employee and an Equal Employment Opportunity
officer, |
21 | | a State employee (1) who is not covered by a collective |
22 | | bargaining
agreement and (2) who is the complaining |
23 | | party or the subject of such
proceeding may be |
24 | | accompanied, advised and represented by (1) an |
25 | | attorney
licensed to practice law in the State of |
26 | | Illinois or (2) a representative of an
employee |
|
| | SB1561 Engrossed | - 11 - | LRB102 17210 LNS 22668 b |
|
|
1 | | organization whose membership is composed of employees |
2 | | of the State
and of which the employee is a member. A |
3 | | representative of an employee, other
than an attorney, |
4 | | may observe but may not actively participate, or |
5 | | advise the
State employee during the course of such |
6 | | meeting, investigation, negotiation,
conference or |
7 | | other proceeding. Nothing in this Section shall be
|
8 | | construed to permit any person who is not licensed to |
9 | | practice law in Illinois
to deliver any legal services |
10 | | or otherwise engage in any activities that would
|
11 | | constitute the unauthorized practice of law. Any |
12 | | representative of an employee
who is present with the |
13 | | consent of the employee, shall not, during or after
|
14 | | termination of the relationship permitted by this |
15 | | Section with the State
employee, use or reveal any |
16 | | information obtained during the course of the
meeting, |
17 | | investigation, negotiation, conference or other |
18 | | proceeding without the
consent of the complaining |
19 | | party and any State employee who is the subject of
the |
20 | | proceeding and pursuant to rules and regulations |
21 | | governing confidentiality
of such information as |
22 | | promulgated by the appropriate State agency.
|
23 | | Intentional or reckless disclosure of information in |
24 | | violation of these
confidentiality requirements shall |
25 | | constitute a Class B misdemeanor.
|
26 | | (5) Establish, maintain and carry out a continuing |
|
| | SB1561 Engrossed | - 12 - | LRB102 17210 LNS 22668 b |
|
|
1 | | sexual harassment
program that shall include the |
2 | | following:
|
3 | | (a) Develop a written sexual harassment policy |
4 | | that includes at a
minimum the following information: |
5 | | (i) the illegality of sexual harassment;
(ii) the |
6 | | definition of sexual harassment under State law; (iii) |
7 | | a
description of sexual harassment, utilizing |
8 | | examples; (iv) the agency's
internal complaint process |
9 | | including penalties; (v) the legal recourse,
|
10 | | investigative and complaint process available through |
11 | | the Department and
the Commission; (vi) directions on |
12 | | how to contact the Department and
Commission; and |
13 | | (vii) protection against retaliation as provided by |
14 | | Section
6-101 of this Act. The policy shall be |
15 | | reviewed annually.
|
16 | | (b) Post in a prominent and accessible location |
17 | | and distribute in a
manner to assure notice to all |
18 | | agency employees without exception the
agency's sexual |
19 | | harassment policy. Such documents may meet, but shall |
20 | | not
exceed, the 6th grade literacy level. Distribution |
21 | | shall be effectuated within
90 days of the effective |
22 | | date of this amendatory Act of 1992 and shall occur
|
23 | | annually thereafter.
|
24 | | (c) Provide training on sexual harassment |
25 | | prevention and the
agency's sexual harassment policy |
26 | | as a component of all ongoing or new
employee training |
|
| | SB1561 Engrossed | - 13 - | LRB102 17210 LNS 22668 b |
|
|
1 | | programs.
|
2 | | (6) Notify the Department 30 days before effecting any |
3 | | layoff. Once
notice is given, the following shall occur:
|
4 | | (a) No layoff may be effective
earlier than 10 |
5 | | working days after
notice to the Department, unless an
|
6 | | emergency layoff situation exists.
|
7 | | (b) The State executive department, State agency, |
8 | | board, commission,
or instrumentality in which the |
9 | | layoffs are to occur must
notify each employee |
10 | | targeted for layoff, the employee's union
|
11 | | representative (if applicable), and the State |
12 | | Dislocated Worker Unit at the
Department of Commerce |
13 | | and Economic Opportunity.
|
14 | | (c) The State executive department, State agency, |
15 | | board, commission,
or instrumentality in
which the |
16 | | layoffs are to occur must conform to applicable |
17 | | collective
bargaining agreements.
|
18 | | (d) The State executive department, State agency, |
19 | | board, commission, or
instrumentality in which the |
20 | | layoffs are to occur should notify each employee
|
21 | | targeted for layoff that transitional assistance may |
22 | | be available to him or her
under the Economic |
23 | | Dislocation and Worker Adjustment Assistance Act
|
24 | | administered by the Department of Commerce and |
25 | | Economic Opportunity. Failure to
give such notice |
26 | | shall not invalidate the layoff or postpone its |
|
| | SB1561 Engrossed | - 14 - | LRB102 17210 LNS 22668 b |
|
|
1 | | effective
date.
|
2 | | As used in this subsection (B), "disability" shall be |
3 | | defined in
rules promulgated under the Illinois Administrative
|
4 | | Procedure Act.
|
5 | | (C) Civil Rights Violations. It is a civil rights |
6 | | violation for any
public contractor or eligible bidder to:
|
7 | | (1) fail to comply with the public contractor's or |
8 | | eligible bidder's
duty to refrain from unlawful |
9 | | discrimination and discrimination based on
citizenship |
10 | | status in employment under subsection (A)(1) of this |
11 | | Section; or
|
12 | | (2) fail to comply with the public contractor's or |
13 | | eligible bidder's
duties of affirmative action under |
14 | | subsection (A) of this Section, provided
however, that the
|
15 | | Department has notified the public contractor or eligible |
16 | | bidder in writing
by certified mail that the public |
17 | | contractor or eligible bidder may not be
in compliance |
18 | | with affirmative action requirements of subsection (A). A
|
19 | | minimum
of 60 days to comply with the requirements shall |
20 | | be afforded to the public
contractor or eligible bidder |
21 | | before the Department may issue formal notice of
|
22 | | non-compliance.
|
23 | | (D) As used in this Section: |
24 | | (1) "American Indian or Alaska Native" means a person |
25 | | having origins in any of the original peoples of North and |
26 | | South America, including Central America, and who |
|
| | SB1561 Engrossed | - 15 - | LRB102 17210 LNS 22668 b |
|
|
1 | | maintains tribal affiliation or community attachment. |
2 | | (2) "Asian" means a person having origins in any of |
3 | | the original peoples of the Far East, Southeast Asia, or |
4 | | the Indian subcontinent, including, but not limited to, |
5 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
6 | | the Philippine Islands, Thailand, and Vietnam. |
7 | | (3) "Black or African American" means a person having |
8 | | origins in any of the black racial groups of Africa. Terms |
9 | | such as "Haitian" or "Negro" can be used in addition to |
10 | | "Black or African American". |
11 | | (4) "Hispanic or Latino" means a person of Cuban, |
12 | | Mexican, Puerto Rican, South or Central American, or other |
13 | | Spanish culture or origin, regardless of race. |
14 | | (5) "Native Hawaiian or Other Pacific Islander" means |
15 | | a person having origins in any of the original peoples of |
16 | | Hawaii, Guam, Samoa, or other Pacific Islands. |
17 | | (Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19 .)
|
18 | | (775 ILCS 5/3-102.10 new) |
19 | | Sec. 3-102.10. Third-party loan modification service |
20 | | provider. |
21 | | (A) It is a civil rights violation for a third-party loan |
22 | | modification service provider, because of unlawful |
23 | | discrimination, familial status, or an arrest record, to: |
24 | | (1) refuse to engage in loan modification services or |
25 | | to discriminate in making such services available; or |
|
| | SB1561 Engrossed | - 16 - | LRB102 17210 LNS 22668 b |
|
|
1 | | (2) alter the terms, conditions, or privileges of such |
2 | | services. |
3 | | (B) For purposes of this Section, "third-party loan |
4 | | modification service provider" means a person or entity, |
5 | | whether licensed or not, who, for or with the expectation of |
6 | | receiving consideration, provides assistance or services to a |
7 | | loan borrower to obtain a modification to a term of an existing |
8 | | real estate loan or to obtain foreclosure relief. "Third-party |
9 | | loan modification service provider" does not include lenders, |
10 | | brokers or appraisers of mortgage loans, or the servicers, |
11 | | subsidiaries, affiliates, or agents of the lender. |
12 | | (775 ILCS 5/5A-101.1) |
13 | | Sec. 5A-101.1. Notice. |
14 | | (A) Every institution of higher education covered by this |
15 | | Act shall post in a prominent and accessible location a poster |
16 | | stating sexual harassment laws and policies. The poster shall |
17 | | be (i) posted and kept posted at each campus in common area |
18 | | positions easily accessible to all students including, but not |
19 | | limited to residence halls, administration buildings, student |
20 | | unions, cafeterias, and libraries or (ii) posted annually at |
21 | | each campus in common area positions easily accessible to all |
22 | | students including, but not limited to, residence halls, |
23 | | administration buildings, student unions, cafeterias, and |
24 | | libraries, with an electronic copy of the sexual harassment |
25 | | laws and policies also sent to each student at the time that |
|
| | SB1561 Engrossed | - 17 - | LRB102 17210 LNS 22668 b |
|
|
1 | | registration materials are emailed or (iii) on campuses that |
2 | | provide for online registration of student classes, such |
3 | | information pertaining to sexual harassment laws and policies |
4 | | may be incorporated into the registration process so that |
5 | | students must review the policies and laws and acknowledge |
6 | | such review, prior to being allowed to register. Documents to |
7 | | be posted shall be retrieved from the Illinois Department of |
8 | | Human Rights website to satisfy posting requirements. Posting |
9 | | of the posters shall be effectuated within 90 days of the |
10 | | effective date of this amendatory Act of the 96th General |
11 | | Assembly and shall occur annually thereafter. |
12 | | (B) The posted sexual harassment poster shall include, at |
13 | | a minimum, the following information: (i) the illegality of |
14 | | sexual harassment in higher education; (ii) the definition of |
15 | | sexual harassment under State law; (iii) a description of |
16 | | sexual harassment, utilizing examples; (iv) the institution's |
17 | | internal complaint process including penalties; (v) the legal |
18 | | recourse, investigative and complaint process available |
19 | | through the Department of Human Rights; (vi) directions on how |
20 | | to contact the Department; and (vii) protection against |
21 | | retaliation as provided by Sections Section 6-101 and 6-101.5 |
22 | | of this Act. |
23 | | (C) Upon notification of a failure to post, the Department |
24 | | of Human Rights may launch a preliminary investigation. If the |
25 | | Department finds a failure to post, the Department may issue a |
26 | | notice to show cause giving the institution 30 days to correct |
|
| | SB1561 Engrossed | - 18 - | LRB102 17210 LNS 22668 b |
|
|
1 | | the failure to post. If the failure to post is not corrected, |
2 | | the Department may initiate a charge of a civil rights |
3 | | violation.
|
4 | | (Source: P.A. 96-574, eff. 8-18-09.) |
5 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
|
6 | | Sec. 6-101. Additional civil rights violations under |
7 | | Articles 2, 4, 5, and 5A Additional Civil Rights Violations . |
8 | | It is a civil rights
violation for a person, or for 2 two or |
9 | | more persons , to conspire, to:
|
10 | | (A) Retaliation. Retaliate against a person because he |
11 | | or she has
opposed that which he or she reasonably and in |
12 | | good faith believes to be
unlawful discrimination, sexual |
13 | | harassment in employment , or sexual
harassment in |
14 | | elementary, secondary, and higher
education, or |
15 | | discrimination based on arrest record or citizenship |
16 | | status
in employment under Articles 2, 4, 5, and 5A , |
17 | | because he or she has made a charge, filed a complaint,
|
18 | | testified, assisted, or participated in an investigation, |
19 | | proceeding, or
hearing under this Act, or because he or |
20 | | she has requested, attempted to request, used, or |
21 | | attempted to use a reasonable accommodation as allowed by |
22 | | this Act;
|
23 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel |
24 | | or coerce a
person to commit any violation of this Act;
|
25 | | (C) Interference. Wilfully interfere with the |
|
| | SB1561 Engrossed | - 19 - | LRB102 17210 LNS 22668 b |
|
|
1 | | performance of a duty
or the exercise of a power by the |
2 | | Commission or one of its members or
representatives or the |
3 | | Department or one of its officers or employees.
|
4 | | Definitions. For the purposes of this Section, "sexual
|
5 | | harassment" and "citizenship status" shall have the same |
6 | | meaning as defined in
Section 2-101 of this Act.
|
7 | | (Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15 .)
|
8 | | (775 ILCS 5/6-101.5 new) |
9 | | Sec. 6-101.5. Additional civil rights violations under |
10 | | Article 3. It is a civil rights violation for a person, or for |
11 | | 2 or more persons, to conspire, to: |
12 | | (A) retaliate against a person because the person has |
13 | | opposed that which he or she reasonably and in good faith |
14 | | believes to be unlawful discrimination or discrimination based |
15 | | on familial status or arrest record in a real estate |
16 | | transaction under Article 3, because the person has made a |
17 | | charge, filed a complaint, testified, assisted, or |
18 | | participated in an investigation, proceeding, or hearing under |
19 | | this Act, or because the person has requested, attempted to |
20 | | request, used, or attempted to use a reasonable accommodation |
21 | | as allowed by this Act; |
22 | | (B) aid, abet, compel, or coerce a person to commit any |
23 | | violation of this Act; or |
24 | | (C) willfully interfere with the performance of a duty or |
25 | | the exercise of a power by the Commission or one of its members |
|
| | SB1561 Engrossed | - 20 - | LRB102 17210 LNS 22668 b |
|
|
1 | | or representatives or the Department or one of its officers or |
2 | | employees. |
3 | | For the purposes of this Section, "familial status" has |
4 | | the same meaning as defined in Section 3-101.
|
5 | | (775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
|
6 | | Sec. 7A-101.
The procedures specified in this Article |
7 | | shall apply
solely to Articles 2, 4, 5, and 5A and Sections |
8 | | 6-101 and 6-102 of Article 6.
|
9 | | (Source: P.A. 86-910.)
|
10 | | (775 ILCS 5/7B-101) (from Ch. 68, par. 7B-101)
|
11 | | Sec. 7B-101.
The procedures specified in this Article |
12 | | shall apply
solely to Article 3 and Section 6-101.5 of Article |
13 | | 6 .
|
14 | | (Source: P.A. 86-910.)
|
15 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
|
16 | | Sec. 7B-102. Procedures.
|
17 | | (A) Charge.
|
18 | | (1) Within one year after the
date that a civil rights |
19 | | violation allegedly has been committed or terminated,
a |
20 | | charge in writing under oath or affirmation may be filed |
21 | | with the
Department by an aggrieved party or issued by the |
22 | | Department itself
under the signature of the Director.
|
23 | | (2) The charge shall be in such detail as to |
|
| | SB1561 Engrossed | - 21 - | LRB102 17210 LNS 22668 b |
|
|
1 | | substantially apprise
any party properly concerned as to |
2 | | the time, place, and facts
surrounding the alleged civil |
3 | | rights violation.
|
4 | | (B) Notice and Response to Charge.
|
5 | | (1) The Department shall serve
notice upon the |
6 | | aggrieved party acknowledging such charge and advising the
|
7 | | aggrieved party of the time limits and choice of forums |
8 | | provided under this
Act. The Department shall, within 10 |
9 | | days of the date on which the charge
was filed or the |
10 | | identification of an additional respondent under paragraph
|
11 | | (2) of this subsection, serve on the respondent a copy of |
12 | | the charge along with a notice
identifying the alleged |
13 | | civil rights violation and advising the
respondent of the |
14 | | procedural rights and obligations of respondents under
|
15 | | this Act and may require the respondent to file a response |
16 | | to
the allegations contained in the charge. Upon the |
17 | | Department's request, the respondent
shall file a response |
18 | | to the charge within 30 days and
shall serve a copy of its |
19 | | response on the complainant or his or her
representative. |
20 | | Notwithstanding
any request from the Department, the |
21 | | respondent may elect
to file a response to the charge |
22 | | within 30 days of receipt
of notice of the charge, |
23 | | provided the respondent serves a copy of its response on |
24 | | the complainant or his or her representative. All |
25 | | allegations contained in the charge
not denied by the |
26 | | respondent within 30 days after the Department's request |
|
| | SB1561 Engrossed | - 22 - | LRB102 17210 LNS 22668 b |
|
|
1 | | for a response may be deemed admitted, unless the
|
2 | | respondent states that it is without sufficient |
3 | | information to
form a belief with respect to such |
4 | | allegation. The Department may issue
a notice of default |
5 | | directed to any respondent who fails to file a
response to |
6 | | a charge within 30 days of the Department's request, |
7 | | unless the respondent can demonstrate good cause as
to why |
8 | | such notice should not issue. The term "good cause" shall |
9 | | be defined by rule promulgated by the Department. Within |
10 | | 10 days of the date he or she
receives the respondent's |
11 | | response, the complainant may file his or her reply to
|
12 | | said response. If he or she chooses to file a reply, the |
13 | | complainant shall serve
a copy of said reply on the |
14 | | respondent or his or her representative. A party may
|
15 | | supplement his or her response or reply at any time that
|
16 | | the investigation of the charge is pending.
|
17 | | (2) A person who is not named as a respondent in a |
18 | | charge, but who is
identified as a respondent in the |
19 | | course of investigation, may be joined as
an additional or |
20 | | substitute respondent upon written notice, under |
21 | | subsection
(B), to such person, from the Department.
Such |
22 | | notice, in addition to meeting the requirements of |
23 | | subsections (A)
and (B), shall explain the basis for the |
24 | | Department's belief that a person
to whom the notice is |
25 | | addressed is properly joined as a respondent.
|
26 | | (C) Investigation.
|
|
| | SB1561 Engrossed | - 23 - | LRB102 17210 LNS 22668 b |
|
|
1 | | (1) The Department shall conduct a full investigation
|
2 | | of the allegations set forth in the charge and complete |
3 | | such investigation
within 100 days after the filing of the |
4 | | charge, unless it is impracticable to
do so. The |
5 | | Department's failure to complete the investigation within |
6 | | 100 days after the proper filing of the charge does not |
7 | | deprive the Department of jurisdiction over the charge.
|
8 | | (2) If the Department is unable to complete the |
9 | | investigation within 100
days after the charge is filed, |
10 | | the Department shall notify the complainant
and respondent |
11 | | in writing of the reasons for not doing so. The failure of |
12 | | the Department to notify the complainant or respondent in |
13 | | writing of the reasons for not doing so shall not deprive |
14 | | the Department of jurisdiction over the charge.
|
15 | | (3) The Director or his or her designated |
16 | | representative shall have
authority to request any member |
17 | | of the Commission to issue subpoenas to
compel the |
18 | | attendance of a witness or the production for
examination |
19 | | of any books, records or documents whatsoever.
|
20 | | (4) If any witness whose testimony is required for any |
21 | | investigation
resides outside the State, or through |
22 | | illness or any other good cause as
determined by the |
23 | | Director is unable to be interviewed by the investigator
|
24 | | or appear at a fact finding conference, his or her |
25 | | testimony or deposition
may be taken, within or without |
26 | | the State, in the same manner as
provided for in the taking |
|
| | SB1561 Engrossed | - 24 - | LRB102 17210 LNS 22668 b |
|
|
1 | | of depositions in civil cases in circuit courts.
|
2 | | (5) Upon reasonable notice to the complainant and the |
3 | | respondent,
the Department may conduct a fact finding |
4 | | conference. When requested by the Department, a party's |
5 | | failure to attend the
conference
without good cause may |
6 | | result in dismissal or default. A notice of dismissal
or |
7 | | default shall be issued by the Director and shall notify |
8 | | the relevant
party that a request for review may be filed |
9 | | in writing with the Commission
within 30 days of receipt |
10 | | of notice of dismissal or default.
|
11 | | (D) Report.
|
12 | | (1) Each charge investigated under subsection (C) |
13 | | shall be the subject of a
report to the Director. The |
14 | | report shall be a confidential document
subject to review |
15 | | by the Director, authorized Department employees, the
|
16 | | parties, and, where indicated by this Act, members of the |
17 | | Commission or
their designated hearing officers.
|
18 | | The report shall contain:
|
19 | | (a) the names and dates of contacts with |
20 | | witnesses;
|
21 | | (b) a summary and the date of correspondence and |
22 | | other contacts with the
aggrieved party and the |
23 | | respondent;
|
24 | | (c) a summary description of other pertinent |
25 | | records;
|
26 | | (d) a summary of witness statements; and
|
|
| | SB1561 Engrossed | - 25 - | LRB102 17210 LNS 22668 b |
|
|
1 | | (e) answers to questionnaires.
|
2 | | A final report under this paragraph may be amended if |
3 | | additional evidence
is later discovered.
|
4 | | (2) Upon review of the report and within 100 days of |
5 | | the filing of the
charge, unless it is impracticable
to do |
6 | | so, the Director shall determine whether there is |
7 | | substantial
evidence that the alleged civil rights |
8 | | violation has been committed or is
about to be committed.
|
9 | | If the Director is unable to make the determination within |
10 | | 100 days after
the filing of the charge, the Director |
11 | | shall notify the complainant and
respondent in writing of |
12 | | the reasons for not doing so. The Director's failure to |
13 | | make the determination within 100 days after the proper |
14 | | filing of the charge does not deprive the Department of |
15 | | jurisdiction over the charge.
|
16 | | (a) If the Director determines that there is no |
17 | | substantial
evidence, the charge shall be dismissed |
18 | | and the aggrieved party notified
that he or she may |
19 | | seek review of the dismissal order before the
|
20 | | Commission. The aggrieved party shall have 90 days |
21 | | from receipt of notice
to file a request for review by |
22 | | the Commission. The
Director shall make
public |
23 | | disclosure of each such dismissal.
|
24 | | (b) If the Director determines that there is |
25 | | substantial evidence, he or
she shall immediately |
26 | | issue a complaint on behalf of the aggrieved party
|
|
| | SB1561 Engrossed | - 26 - | LRB102 17210 LNS 22668 b |
|
|
1 | | pursuant to subsection (F).
|
2 | | (E) Conciliation.
|
3 | | (1) During the period beginning with the filing of
|
4 | | charge and ending with the filing of a complaint or a |
5 | | dismissal by the
Department, the Department shall, to the |
6 | | extent feasible, engage in
conciliation with respect to |
7 | | such charge.
|
8 | | When the Department determines that a formal
|
9 | | conciliation conference is feasible, the aggrieved party |
10 | | and respondent
shall be notified of the time and place of |
11 | | the conference by registered
or certified mail at least 7 |
12 | | days prior thereto and either or both
parties shall appear |
13 | | at the conference in person or by attorney.
|
14 | | (2) The place fixed for the conference shall be within |
15 | | 35 miles of
the place where the civil rights violation is |
16 | | alleged to have been
committed.
|
17 | | (3) Nothing occurring at the conference shall be made |
18 | | public or used as
evidence in a subsequent proceeding for |
19 | | the purpose of proving a violation
under this Act unless |
20 | | the complainant and respondent agree in writing that
such |
21 | | disclosure be made.
|
22 | | (4) A conciliation agreement arising out of such |
23 | | conciliation shall be
an agreement between the respondent |
24 | | and the complainant, and shall be
subject to approval by |
25 | | the Department and Commission.
|
26 | | (5) A conciliation agreement may provide for binding |
|
| | SB1561 Engrossed | - 27 - | LRB102 17210 LNS 22668 b |
|
|
1 | | arbitration of the
dispute arising from the charge. Any |
2 | | such arbitration that results from a
conciliation |
3 | | agreement may award appropriate relief, including monetary |
4 | | relief.
|
5 | | (6) Each conciliation agreement shall be made public |
6 | | unless the
complainant and respondent otherwise agree and |
7 | | the Department determines
that disclosure is not required |
8 | | to further the purpose of this Act.
|
9 | | (F) Complaint.
|
10 | | (1) When there is a failure to settle or adjust any
|
11 | | charge through a conciliation conference and the charge is |
12 | | not dismissed,
the Department shall prepare a
written |
13 | | complaint, under oath or affirmation, stating the nature |
14 | | of the
civil rights violation and the relief sought on |
15 | | behalf of the aggrieved
party. Such complaint shall be |
16 | | based on the final investigation report and
need not be |
17 | | limited to the facts or grounds alleged in the charge |
18 | | filed
under subsection (A).
|
19 | | (2) The complaint shall be filed with the Commission.
|
20 | | (3) The Department may not issue a complaint under |
21 | | this Section
regarding an alleged civil rights violation |
22 | | after the beginning of
the trial of a civil action |
23 | | commenced by the aggrieved party under any
State or |
24 | | federal law, seeking relief with respect to that alleged |
25 | | civil rights
violation.
|
26 | | (G) Time Limit.
|
|
| | SB1561 Engrossed | - 28 - | LRB102 17210 LNS 22668 b |
|
|
1 | | (1) When a charge of a civil rights violation has been
|
2 | | properly filed, the Department, within 100 days thereof, |
3 | | unless it is
impracticable to do so,
shall either issue |
4 | | and file a complaint in the manner and form set forth in
|
5 | | this Section or shall order that no complaint be issued. |
6 | | Any such order
shall be duly served upon both the |
7 | | aggrieved party and the respondent. The Department's |
8 | | failure to either issue and file a complaint or order that |
9 | | no complaint be issued within 100 days after the proper |
10 | | filing of the charge does not deprive the Department of |
11 | | jurisdiction over the charge.
|
12 | | (2) The Director shall make available to the aggrieved |
13 | | party
and the respondent, at any time, upon request |
14 | | following completion of the
Department's investigation, |
15 | | information derived from an investigation and
any final |
16 | | investigative report relating to that investigation.
|
17 | | (H) This amendatory Act of 1995 applies to causes of |
18 | | action filed on or
after
January 1, 1996.
|
19 | | (I) The changes made to this Section by Public Act 95-243 |
20 | | apply to charges filed on or
after the effective date of those |
21 | | changes. |
22 | | (J) The changes made to this Section by this amendatory |
23 | | Act of the 96th General Assembly apply to charges filed on or
|
24 | | after the effective date of those changes. |
25 | | (Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18; |
26 | | 101-530, eff. 1-1-20 .)
|
|
| | SB1561 Engrossed | - 29 - | LRB102 17210 LNS 22668 b |
|
|
1 | | (775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
|
2 | | Sec. 8A-101. This Article shall apply solely to Articles |
3 | | 2, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6. |
4 | | (Source: P.A. 86-910.)
|
5 | | (775 ILCS 5/8B-101) (from Ch. 68, par. 8B-101)
|
6 | | Sec. 8B-101. Applicability. The procedures and relief |
7 | | specified in this
Article shall apply solely to complaints |
8 | | filed with the Human Rights
Commission under Article 3 and |
9 | | Section 6-101.5 of Article 6 .
|
10 | | (Source: P.A. 86-910.)
|