Rep. Will Guzzardi
Filed: 2/23/2023
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1 | AMENDMENT TO HOUSE BILL 2161
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2 | AMENDMENT NO. ______. Amend House Bill 2161 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 1-102, 2-101, and 6-101 as follows: | ||||||
6 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | ||||||
7 | Sec. 1-102. Declaration of Policy. It is the public | ||||||
8 | policy of this State:
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9 | (A) Freedom from Unlawful Discrimination. To secure for | ||||||
10 | all individuals
within Illinois the freedom from | ||||||
11 | discrimination against any individual because
of his or her | ||||||
12 | race, color, religion, sex, national origin, ancestry, age, | ||||||
13 | order of protection status,
marital status, physical or mental | ||||||
14 | disability, military
status, sexual orientation, pregnancy, | ||||||
15 | family responsibilities in employment, or unfavorable
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16 | discharge from military service in connection with employment, |
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1 | real estate
transactions, access to financial credit, and the | ||||||
2 | availability of public
accommodations.
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3 | (B) Freedom from Sexual Harassment-Employment and | ||||||
4 | Elementary, Secondary, and Higher Education.
To prevent sexual | ||||||
5 | harassment in employment and sexual harassment in
elementary, | ||||||
6 | secondary, and higher education.
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7 | (C) Freedom from Discrimination Based on Citizenship | ||||||
8 | Status-Employment.
To prevent discrimination based on | ||||||
9 | citizenship status in employment.
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10 | (C-5) Freedom from Discrimination Based on Work | ||||||
11 | Authorization Status-Employment. To prevent discrimination | ||||||
12 | based on the specific status or term of status that | ||||||
13 | accompanies a legal work authorization. | ||||||
14 | (D) Freedom from Discrimination Based on Familial Status | ||||||
15 | or Source of Income-Real Estate
Transactions. To prevent | ||||||
16 | discrimination based on familial status or source of income in | ||||||
17 | real
estate transactions.
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18 | (E) Public Health, Welfare and Safety. To promote the | ||||||
19 | public health,
welfare and safety by protecting the interest | ||||||
20 | of all people in Illinois
in maintaining personal dignity, in | ||||||
21 | realizing their full productive
capacities, and in furthering | ||||||
22 | their interests, rights and privileges as
citizens of this | ||||||
23 | State.
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24 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
25 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
26 | of Article I
of the Illinois Constitution of 1970.
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1 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
2 | Equal
Opportunity and Affirmative Action as the policies of | ||||||
3 | this State in all
of its decisions, programs and activities, | ||||||
4 | and to assure that all State
departments, boards, commissions | ||||||
5 | and instrumentalities rigorously take
affirmative action to | ||||||
6 | provide equality of opportunity and eliminate the
effects of | ||||||
7 | past discrimination in the internal affairs of State
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8 | government and in their relations with the public.
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9 | (H) Unfounded Charges. To protect citizens of this State | ||||||
10 | against
unfounded charges of unlawful discrimination, sexual | ||||||
11 | harassment in
employment and sexual harassment in elementary, | ||||||
12 | secondary, and higher education, and discrimination
based on | ||||||
13 | citizenship status or work authorization status in employment.
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14 | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .)
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15 | (775 ILCS 5/2-101)
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16 | Sec. 2-101. Definitions. The following definitions are | ||||||
17 | applicable
strictly in the context of this Article.
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18 | (A) Employee.
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19 | (1) "Employee" includes:
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20 | (a) Any individual performing services for | ||||||
21 | remuneration within this
State for an employer;
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22 | (b) An apprentice;
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23 | (c) An applicant for any apprenticeship.
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24 | For purposes of subsection (D) of Section 2-102 of | ||||||
25 | this Act, "employee" also includes an unpaid intern. An |
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1 | unpaid intern is a person who performs work for an | ||||||
2 | employer under the following circumstances: | ||||||
3 | (i) the employer is not committed to hiring the | ||||||
4 | person performing the work at the conclusion of the | ||||||
5 | intern's tenure; | ||||||
6 | (ii) the employer and the person performing the | ||||||
7 | work agree that the person is not entitled to wages for | ||||||
8 | the work performed; and | ||||||
9 | (iii) the work performed: | ||||||
10 | (I) supplements training given in an | ||||||
11 | educational environment that may enhance the | ||||||
12 | employability of the intern; | ||||||
13 | (II) provides experience for the benefit of | ||||||
14 | the person performing the work; | ||||||
15 | (III) does not displace regular employees; | ||||||
16 | (IV) is performed under the close supervision | ||||||
17 | of existing staff; and | ||||||
18 | (V) provides no immediate advantage to the | ||||||
19 | employer providing the training and may
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20 | occasionally impede the operations of the | ||||||
21 | employer. | ||||||
22 | (2) "Employee" does not include:
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23 | (a) (Blank);
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24 | (b) Individuals employed by persons who are not | ||||||
25 | "employers" as
defined by this Act;
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26 | (c) Elected public officials or the members of |
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1 | their immediate
personal staffs;
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2 | (d) Principal administrative officers of the State | ||||||
3 | or of any
political subdivision, municipal corporation | ||||||
4 | or other governmental unit
or agency;
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5 | (e) A person in a vocational rehabilitation | ||||||
6 | facility certified under
federal law who has been | ||||||
7 | designated an evaluee, trainee, or work
activity | ||||||
8 | client.
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9 | (B) Employer.
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10 | (1) "Employer" includes:
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11 | (a) Any person employing one or more employees | ||||||
12 | within Illinois during
20 or more calendar weeks | ||||||
13 | within the calendar year of or preceding the alleged
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14 | violation;
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15 | (b) Any person employing one or more employees | ||||||
16 | when a complainant
alleges civil rights violation due | ||||||
17 | to unlawful discrimination based
upon his or her | ||||||
18 | physical or mental disability unrelated to ability, | ||||||
19 | pregnancy, or
sexual harassment;
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20 | (c) The State and any political subdivision, | ||||||
21 | municipal corporation
or other governmental unit or | ||||||
22 | agency, without regard to the number of
employees;
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23 | (d) Any party to a public contract without regard | ||||||
24 | to the number of
employees;
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25 | (e) A joint apprenticeship or training committee | ||||||
26 | without regard to the
number of employees.
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1 | (2) "Employer" does not include any place of worship, | ||||||
2 | religious corporation,
association, educational | ||||||
3 | institution, society, or non-profit nursing
institution | ||||||
4 | conducted by and for those who rely upon treatment by | ||||||
5 | prayer
through spiritual means in accordance with the | ||||||
6 | tenets of a recognized
church or religious denomination | ||||||
7 | with respect to the employment of
individuals of a | ||||||
8 | particular religion to perform work connected with the
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9 | carrying on by such place of worship, corporation, | ||||||
10 | association, educational institution,
society or | ||||||
11 | non-profit nursing institution of its activities.
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12 | (C) Employment Agency. "Employment Agency" includes both | ||||||
13 | public and
private employment agencies and any person, labor | ||||||
14 | organization, or labor
union having a hiring hall or hiring | ||||||
15 | office regularly undertaking, with
or without compensation, to | ||||||
16 | procure opportunities to work, or to
procure, recruit, refer | ||||||
17 | or place employees.
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18 | (D) Labor Organization. "Labor Organization" includes any
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19 | organization, labor union, craft union, or any voluntary | ||||||
20 | unincorporated
association designed to further the cause of | ||||||
21 | the rights of union labor
which is constituted for the | ||||||
22 | purpose, in whole or in part, of collective
bargaining or of | ||||||
23 | dealing with employers concerning grievances, terms or
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24 | conditions of employment, or apprenticeships or applications | ||||||
25 | for
apprenticeships, or of other mutual aid or protection in | ||||||
26 | connection with
employment, including apprenticeships or |
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1 | applications for apprenticeships.
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2 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
3 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
4 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
5 | is made either explicitly or implicitly
a term or condition of | ||||||
6 | an individual's employment, (2) submission to or
rejection of | ||||||
7 | such conduct by an individual is used as the basis for
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8 | employment decisions affecting such individual, or (3) such | ||||||
9 | conduct has the
purpose or effect of substantially interfering | ||||||
10 | with an individual's work
performance or creating an | ||||||
11 | intimidating, hostile or offensive working
environment.
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12 | For purposes of this definition, the phrase "working | ||||||
13 | environment" is not limited to a physical location an employee | ||||||
14 | is assigned to perform his or her duties. | ||||||
15 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
16 | on the basis of an individual's actual or perceived race, | ||||||
17 | color, religion, national origin, ancestry, age, sex, marital | ||||||
18 | status, order of protection status, disability, military | ||||||
19 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
20 | from military service, citizenship status, or work | ||||||
21 | authorization status , or family responsibilities that has the | ||||||
22 | purpose or effect of substantially interfering with the | ||||||
23 | individual's work performance or creating an intimidating, | ||||||
24 | hostile, or offensive working environment. For purposes of | ||||||
25 | this definition, the phrase "working environment" is not | ||||||
26 | limited to a physical location an employee is assigned to |
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1 | perform his or her duties. | ||||||
2 | (F) Religion. "Religion" with respect to employers | ||||||
3 | includes all
aspects of religious observance and practice, as | ||||||
4 | well as belief, unless an
employer demonstrates that he is | ||||||
5 | unable to reasonably accommodate an
employee's or prospective | ||||||
6 | employee's religious observance or practice
without undue | ||||||
7 | hardship on the conduct of the employer's business.
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8 | (G) Public Employer. "Public employer" means the State, an | ||||||
9 | agency or
department thereof, unit of local government, school | ||||||
10 | district,
instrumentality or political subdivision.
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11 | (H) Public Employee. "Public employee" means an employee | ||||||
12 | of the State,
agency or department thereof, unit of local | ||||||
13 | government, school district,
instrumentality or political | ||||||
14 | subdivision. "Public employee" does not include
public | ||||||
15 | officers or employees of the General Assembly or agencies | ||||||
16 | thereof.
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17 | (I) Public Officer. "Public officer" means a person who is | ||||||
18 | elected to
office pursuant to the Constitution or a statute or | ||||||
19 | ordinance, or who is
appointed to an office which is | ||||||
20 | established, and the qualifications and
duties of which are | ||||||
21 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
22 | discharge a public duty for the State, agency or department
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23 | thereof, unit of local government, school district, | ||||||
24 | instrumentality or
political subdivision.
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25 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
26 | prior to contract award or prior to bid opening for State |
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1 | contracts for construction or construction-related services, | ||||||
2 | has filed with the Department a properly completed, sworn and
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3 | currently valid employer report form, pursuant to the | ||||||
4 | Department's regulations.
The provisions of this Article | ||||||
5 | relating to eligible bidders apply only
to bids on contracts | ||||||
6 | with the State and its departments, agencies, boards,
and | ||||||
7 | commissions, and the provisions do not apply to bids on | ||||||
8 | contracts with
units of local government or school districts.
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9 | (K) Citizenship Status. "Citizenship status" means the | ||||||
10 | status of being:
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11 | (1) a born U.S. citizen;
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12 | (2) a naturalized U.S. citizen;
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13 | (3) a U.S. national; or
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14 | (4) a person born outside the United States and not a | ||||||
15 | U.S. citizen who
is lawfully present and who is protected | ||||||
16 | from discrimination under
the provisions of Section 1324b | ||||||
17 | of Title 8 of the United States Code, as
now or hereafter | ||||||
18 | amended.
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19 | (L) Work Authorization Status. "Work authorization status" | ||||||
20 | means the status of being a person born outside of the United | ||||||
21 | States, and not a U.S. citizen, who is authorized by the | ||||||
22 | federal government to work in the United States. | ||||||
23 | (M) Family Responsibilities. "Family responsibilities" | ||||||
24 | means an employee's actual or perceived provision of personal | ||||||
25 | care to a family member, whether in the past, present, or | ||||||
26 | future. |
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1 | (N) "Personal care" has the meaning given to that term in | ||||||
2 | the Employee Sick Leave Act. | ||||||
3 | (O) "Family member" has the meaning given to the term | ||||||
4 | "covered family member" in the Employee Sick Leave Act. | ||||||
5 | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | ||||||
6 | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | ||||||
7 | 5-27-22.) | ||||||
8 | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
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9 | Sec. 6-101. Additional civil rights violations under | ||||||
10 | Articles 2, 4, 5, and 5A. It is a civil rights
violation for a | ||||||
11 | person, or for 2 or more persons, to conspire to:
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12 | (A) Retaliation. Retaliate against a person because he | ||||||
13 | or she has
opposed that which he or she reasonably and in | ||||||
14 | good faith believes to be
unlawful discrimination, sexual | ||||||
15 | harassment in employment, sexual
harassment in elementary, | ||||||
16 | secondary, and higher
education, or discrimination based | ||||||
17 | on arrest record, citizenship status, or work | ||||||
18 | authorization status , or family responsibilities
in | ||||||
19 | employment under Articles 2, 4, 5, and 5A, because he or | ||||||
20 | she has made a charge, filed a complaint,
testified, | ||||||
21 | assisted, or participated in an investigation, proceeding, | ||||||
22 | or
hearing under this Act, or because he or she has | ||||||
23 | requested, attempted to request, used, or attempted to use | ||||||
24 | a reasonable accommodation as allowed by this Act;
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25 | (B) Aiding and Abetting; Coercion. Aid, abet, compel, |
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1 | or coerce a
person to commit any violation of this Act;
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2 | (C) Interference. Wilfully interfere with the | ||||||
3 | performance of a duty
or the exercise of a power by the | ||||||
4 | Commission or one of its members or
representatives or the | ||||||
5 | Department or one of its officers or employees.
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6 | Definitions. For the purposes of this Section, "sexual
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7 | harassment", "citizenship status", and "work authorization | ||||||
8 | status" , and "family responsibilities" shall have the same | ||||||
9 | meaning as defined in
Section 2-101 of this Act.
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10 | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | ||||||
11 | 102-813, eff. 5-13-22.)".
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