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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||
5 | changing Section 2-102 as follows:
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6 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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7 | Sec. 2-102. Civil Rights Violations - Employment. It is a | |||||||||||||||||||
8 | civil
rights violation:
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9 | (A) Employers. For any employer to refuse to hire, to | |||||||||||||||||||
10 | segregate, or
to act with respect to recruitment, hiring, | |||||||||||||||||||
11 | promotion, renewal of employment,
selection for training or | |||||||||||||||||||
12 | apprenticeship, discharge, discipline, tenure or
terms, | |||||||||||||||||||
13 | privileges or conditions of employment on the basis of unlawful
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14 | discrimination or citizenship status.
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15 | (A-5) Language. For an employer to impose a restriction | |||||||||||||||||||
16 | that has the
effect of prohibiting a language from being spoken | |||||||||||||||||||
17 | by an employee in
communications that are unrelated to the | |||||||||||||||||||
18 | employee's duties.
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19 | For the purposes of this subdivision (A-5), "language" | |||||||||||||||||||
20 | means a person's
native tongue, such as Polish, Spanish, or
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21 | Chinese.
"Language" does not include such things as slang, | |||||||||||||||||||
22 | jargon, profanity, or
vulgarity.
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23 | (B) Employment Agency. For any employment agency to fail or |
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1 | refuse
to classify properly, accept applications and register | ||||||
2 | for employment
referral or apprenticeship referral, refer for | ||||||
3 | employment, or refer for
apprenticeship on the basis of | ||||||
4 | unlawful discrimination or citizenship
status or to accept from | ||||||
5 | any person any job order, requisition or request
for referral | ||||||
6 | of applicants for employment or apprenticeship which makes or
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7 | has the effect of making unlawful discrimination or | ||||||
8 | discrimination on the
basis of citizenship status a condition | ||||||
9 | of referral.
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10 | (C) Labor Organization. For any labor organization to | ||||||
11 | limit,
segregate or classify its membership, or to limit | ||||||
12 | employment
opportunities, selection and training for | ||||||
13 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
14 | fail to take, any action which affects
adversely any person's | ||||||
15 | status as an employee or as an applicant for
employment or as | ||||||
16 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
17 | wages, tenure, hours of employment or apprenticeship | ||||||
18 | conditions on the
basis of unlawful discrimination or | ||||||
19 | citizenship status.
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20 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
21 | any employer,
employment agency or labor organization to engage | ||||||
22 | in sexual harassment;
provided, that an employer shall be | ||||||
23 | responsible for sexual harassment
of the employer's employees | ||||||
24 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
25 | only if the employer becomes aware of the conduct and fails to
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26 | take reasonable corrective measures.
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1 | (E) Public Employers. For any public employer to refuse to | ||||||
2 | permit a
public employee under its jurisdiction who takes time | ||||||
3 | off from work in
order to practice his or her religious beliefs | ||||||
4 | to engage in work, during hours
other than such employee's | ||||||
5 | regular working hours, consistent with the
operational needs of | ||||||
6 | the employer and in order to compensate for work time
lost for | ||||||
7 | such religious reasons. Any employee who elects such deferred
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8 | work shall be compensated at the wage rate which he or she | ||||||
9 | would have
earned during the originally scheduled work period. | ||||||
10 | The employer may
require that an employee who plans to take | ||||||
11 | time off from work in order to
practice his or her religious | ||||||
12 | beliefs provide the employer with a notice of
his or her | ||||||
13 | intention to be absent from work not exceeding 5 days prior to
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14 | the date of absence.
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15 | (F) Training and Apprenticeship Programs. For any | ||||||
16 | employer,
employment agency or labor organization to | ||||||
17 | discriminate against a person on
the basis of age in the | ||||||
18 | selection, referral for or conduct of apprenticeship
or | ||||||
19 | training programs.
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20 | (G) Immigration-Related Practices. | ||||||
21 | (1) For an employer to request for
purposes of | ||||||
22 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
23 | of
the United States Code, as now or hereafter amended, | ||||||
24 | more or different
documents than are required under such | ||||||
25 | Section or to refuse to honor
documents tendered that on | ||||||
26 | their face reasonably appear to be genuine ; or
.
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1 | (2) For an employer, based on the receipt of | ||||||
2 | information from the Social Security Administration or | ||||||
3 | from any other government agency that an employee's name | ||||||
4 | and Social Security number do not correspond, to require | ||||||
5 | that employee to reverify work authorization documents, to | ||||||
6 | inquire as to that employee's work authorization, or to | ||||||
7 | otherwise take any adverse action against that employee, | ||||||
8 | unless the Attorney General of the United States issues | ||||||
9 | final regulations to the contrary pursuant to 8 U.S.C. | ||||||
10 | 1324a(b)(1)(E); or | ||||||
11 | (3) For any employer, any agent of any employer, any | ||||||
12 | employment agency, or any other entity to use the Basic | ||||||
13 | Pilot program, as authorized by 8 U.S.C. 1324a, Notes, | ||||||
14 | Pilot Programs for Employment Eligibility Confirmation | ||||||
15 | (enacted by PL 104-208, div. C, title IV, subtitle A): | ||||||
16 | (a) to conduct employment verification prior to an | ||||||
17 | offer of employment and before completion of the I-9 | ||||||
18 | form; | ||||||
19 | (b) to reverify the employment authorization of | ||||||
20 | current employees (including previous employees who | ||||||
21 | have been rehired) beyond the first 3 days of their | ||||||
22 | initial hire and after they have satisfied the I-9 | ||||||
23 | process set forth in INA Section 274A(b)(1) through | ||||||
24 | (3), unless otherwise required under federal law; | ||||||
25 | (c) to reverify employees initially hired before | ||||||
26 | the date the employer enters into a Memorandum of |
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1 | Understanding (MOU) with the Social Security | ||||||
2 | Administration or the Department of Homeland Security, | ||||||
3 | unless otherwise required under federal law; | ||||||
4 | (d) to deny certain employment benefits or | ||||||
5 | otherwise interfere with its employees' labor rights, | ||||||
6 | or to engage in any other unlawful employment practice; | ||||||
7 | (e) to take adverse action against any person, | ||||||
8 | including, but not limited to, terminating or | ||||||
9 | suspending an employee who has received a tentative | ||||||
10 | nonconfirmation; | ||||||
11 | (f) to selectively exclude certain individuals | ||||||
12 | from consideration for employment as a result of a | ||||||
13 | perceived likelihood that additional verification will | ||||||
14 | be required, beyond what is required for most job | ||||||
15 | applicants; or | ||||||
16 | (g) for third-party use by individuals or | ||||||
17 | companies who conduct identity verification, | ||||||
18 | background checks, or other related services for | ||||||
19 | employers or other parties.
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20 | It is not a civil rights violation for an employer to take | ||||||
21 | any action
that is required by Section 1324a of Title 8 of the | ||||||
22 | United States Code, as
now or hereafter amended.
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23 | (Source: P.A. 93-217, eff. 1-1-04.)
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24 | Section 97. Severability. The provisions of this Act are | ||||||
25 | severable under Section 1.31 of the Statute on Statutes.
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