Illinois General Assembly - Full Text of SB2409
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Full Text of SB2409  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Rachel Ventura


775 ILCS 5/2-105  from Ch. 68, par. 2-105

    Amends the Illinois Human Rights Act. Provides that, when a State agency advertises seeking new employees, it must include advertising that is targeted toward racial and ethnic communities or other individuals that are underrepresented in the agency's workforce. Provides that the agency's advertising must also include advertisements in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals. Provides that an agency with less than 1,000 employees must appoint a Chief Equal Employment Opportunity officer and an agency with 1,000 or more employees must appoint a Deputy Equal Employment Opportunity officer for every office of the agency. Includes other provisions relating to the qualifications, training, and duties of a Chief or Deputy Equal Employment Opportunity officer.

LRB103 28533 DTM 54914 b





SB2409LRB103 28533 DTM 54914 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-105 as follows:
6    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
7    Sec. 2-105. Equal Employment Opportunities; Affirmative
9    (A) Public Contracts. Every party to a public contract and
10every 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



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1    illegality of sexual harassment; (ii) the definition of
2    sexual harassment under State law; (iii) a description of
3    sexual harassment, utilizing examples; (iv) the vendor's
4    internal complaint process including penalties; (v) the
5    legal recourse, investigative, and complaint process
6    available through the Department and the Commission; (vi)
7    directions on how to contact the Department and
8    Commission; and (vii) protection against retaliation as
9    provided by Sections 6-101 and 6-101.5 of this Act. A copy
10    of the policies shall be provided to the Department upon
11    request. Additionally, each bidder who submits a bid or
12    offer for a State contract under the Illinois Procurement
13    Code shall have a written copy of the bidder's sexual
14    harassment policy as required under this paragraph (4). A
15    copy of the policy shall be provided to the State agency
16    entering into the contract upon request.
17    The Department, by rule, shall establish a reasonable
18opportunity to cure any noncompliance with this subsection by
19a bidder prior to the awarding of a contract.
20    (B) State Agencies. Every State executive department,
21State agency, board, commission, and instrumentality shall:
22        (1) Comply with the procedures and requirements of the
23    Department's regulations concerning equal employment
24    opportunities and affirmative action.
25        (2) Provide such information and assistance as the
26    Department may request.



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1        (3) Establish, maintain, and carry out a continuing
2    affirmative action plan consistent with this Act and the
3    regulations of the Department designed to promote equal
4    opportunity for all State residents in every aspect of
5    agency personnel policy and practice. For purposes of
6    these affirmative action plans, the race and national
7    origin categories to be included in the plans are:
8    American Indian or Alaska Native, Asian, Black or African
9    American, Hispanic or Latino, Native Hawaiian or Other
10    Pacific Islander.
11        This plan shall include a current detailed status
12    report:
13            (a) indicating, by each position in State service,
14        the number, percentage, and average salary of
15        individuals employed by race, national origin, sex and
16        disability, and any other category that the Department
17        may require by rule;
18            (b) identifying all positions in which the
19        percentage of the people employed by race, national
20        origin, sex and disability, and any other category
21        that the Department may require by rule, is less than
22        four-fifths of the percentage of each of those
23        components in the State work force;
24            (c) specifying the goals and methods for
25        increasing the percentage by race, national origin,
26        sex, and disability, and any other category that the



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1        Department may require by rule, in State positions;
2            (d) indicating progress and problems toward
3        meeting equal employment opportunity goals, including,
4        if applicable, but not limited to, Department of
5        Central Management Services recruitment efforts,
6        publicity, promotions, and use of options designating
7        positions by linguistic abilities;
8            (e) establishing a numerical hiring goal for the
9        employment of qualified persons with disabilities in
10        the agency as a whole, to be based on the proportion of
11        people with work disabilities in the Illinois labor
12        force as reflected in the most recent employment data
13        made available by the United States Census Bureau.
14        (3.5) When an agency advertises seeking new employees,
15    the agency must include advertising that is targeted
16    toward racial and ethnic communities or other individuals
17    that are underrepresented in the agency's workforce. The
18    agency's advertising must also include advertisements in
19    newspapers or on radio stations whose primary audience is
20    the underrepresented communities and individuals.
21        (4) If the agency has 1000 or more employees, appoint
22    a full-time Equal Employment Opportunity officer, subject
23    to the Department's approval, whose duties shall include:
24            (a) Advising the head of the particular State
25        agency with respect to the preparation of equal
26        employment opportunity programs, procedures,



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1        regulations, reports, and the agency's affirmative
2        action plan.
3            (b) Evaluating in writing each fiscal year the
4        sufficiency of the total agency program for equal
5        employment opportunity and reporting thereon to the
6        head of the agency with recommendations as to any
7        improvement or correction in recruiting, hiring or
8        promotion needed, including remedial or disciplinary
9        action with respect to managerial or supervisory
10        employees who have failed to cooperate fully or who
11        are in violation of the program.
12            (c) Making changes in recruitment, training and
13        promotion programs and in hiring and promotion
14        procedures designed to eliminate discriminatory
15        practices when authorized.
16            (d) Evaluating tests, employment policies,
17        practices, and qualifications and reporting to the
18        head of the agency and to the Department any policies,
19        practices and qualifications that have unequal impact
20        by race, national origin as required by Department
21        rule, sex, or disability or any other category that
22        the Department may require by rule, and to assist in
23        the recruitment of people in underrepresented
24        classifications. This function shall be performed in
25        cooperation with the Department of Central Management
26        Services.



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1            (e) Making any aggrieved employee or applicant for
2        employment aware of his or her remedies under this
3        Act.
4            In any meeting, investigation, negotiation,
5        conference, or other proceeding between a State
6        employee and an Equal Employment Opportunity officer,
7        a State employee (1) who is not covered by a collective
8        bargaining agreement and (2) who is the complaining
9        party or the subject of such proceeding may be
10        accompanied, advised and represented by (1) an
11        attorney licensed to practice law in the State of
12        Illinois or (2) a representative of an employee
13        organization whose membership is composed of employees
14        of the State and of which the employee is a member. A
15        representative of an employee, other than an attorney,
16        may observe but may not actively participate, or
17        advise the State employee during the course of such
18        meeting, investigation, negotiation, conference, or
19        other proceeding. Nothing in this Section shall be
20        construed to permit any person who is not licensed to
21        practice law in Illinois to deliver any legal services
22        or otherwise engage in any activities that would
23        constitute the unauthorized practice of law. Any
24        representative of an employee who is present with the
25        consent of the employee, shall not, during or after
26        termination of the relationship permitted by this



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1        Section with the State employee, use or reveal any
2        information obtained during the course of the meeting,
3        investigation, negotiation, conference, or other
4        proceeding without the consent of the complaining
5        party and any State employee who is the subject of the
6        proceeding and pursuant to rules and regulations
7        governing confidentiality of such information as
8        promulgated by the appropriate State agency.
9        Intentional or reckless disclosure of information in
10        violation of these confidentiality requirements shall
11        constitute a Class B misdemeanor.
12        (4.5) If the agency has fewer than 1,000 employees,
13    the agency must appoint a Chief Equal Employment
14    Opportunity officer for every office of the agency, who
15    shall report directly to the individual in charge of each
16    office. If the agency has 1,000 or more employees, the
17    agency must appoint a Deputy Equal Employment Opportunity
18    officer for every office of the agency, who shall report
19    directly to the Equal Employment Opportunity officer and
20    the individual in charge of each office. The Chief or
21    Deputy Equal Employment Opportunity officer must be
22    knowledgeable about equal employment law, procedures, and
23    practices and about diversity issues. The agency must
24    provide training, assistance, and advice to Chief and
25    Deputy Equal Employment Opportunity officers. Among other
26    duties, a Chief or Deputy Equal Employment Opportunity



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1    officer must:
2            (a) implement the requirements of paragraph (3.5)
3        of subsection (A);
4            (b) investigate and, as appropriate, resolve
5        complaints filed about equal employment opportunity
6        and diversities issues;
7            (c) coordinate activities with other Equal
8        Employment Opportunity officers across the agency;
9            (d) monitor all personnel actions adopted by the
10        office; and
11            (e) attest that the office's procedures are
12        consistent with this Act and other State and federal
13        equal employment opportunity laws when hiring,
14        disciplining, and terminating employees.
15        (5) Establish, maintain, and carry out a continuing
16    sexual harassment program that shall include the
17    following:
18            (a) Develop a written sexual harassment policy
19        that includes at a minimum the following information:
20        (i) the illegality of sexual harassment; (ii) the
21        definition of sexual harassment under State law; (iii)
22        a description of sexual harassment, utilizing
23        examples; (iv) the agency's internal complaint process
24        including penalties; (v) the legal recourse,
25        investigative, and complaint process available through
26        the Department and the Commission; (vi) directions on



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1        how to contact the Department and Commission; and
2        (vii) protection against retaliation as provided by
3        Section 6-101 of this Act. The policy shall be
4        reviewed annually.
5            (b) Post in a prominent and accessible location
6        and distribute in a manner to assure notice to all
7        agency employees without exception the agency's sexual
8        harassment policy. Such documents may meet, but shall
9        not exceed, the 6th grade literacy level. Distribution
10        shall be effectuated within 90 days of the effective
11        date of this amendatory Act of 1992 and shall occur
12        annually thereafter.
13            (c) Provide training on sexual harassment
14        prevention and the agency's sexual harassment policy
15        as a component of all ongoing or new employee training
16        programs.
17        (6) Notify the Department 30 days before effecting any
18    layoff. Once notice is given, the following shall occur:
19            (a) No layoff may be effective earlier than 10
20        working days after notice to the Department, unless an
21        emergency layoff situation exists.
22            (b) The State executive department, State agency,
23        board, commission, or instrumentality in which the
24        layoffs are to occur must notify each employee
25        targeted for layoff, the employee's union
26        representative (if applicable), and the State



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1        Dislocated Worker Unit at the Department of Commerce
2        and Economic Opportunity.
3            (c) The State executive department, State agency,
4        board, commission, or instrumentality in which the
5        layoffs are to occur must conform to applicable
6        collective bargaining agreements.
7            (d) The State executive department, State agency,
8        board, commission, or instrumentality in which the
9        layoffs are to occur should notify each employee
10        targeted for layoff that transitional assistance may
11        be available to him or her under the Economic
12        Dislocation and Worker Adjustment Assistance Act
13        administered by the Department of Commerce and
14        Economic Opportunity. Failure to give such notice
15        shall not invalidate the layoff or postpone its
16        effective date.
17     As used in this subsection (B), "disability" shall be
18defined in rules promulgated under the Illinois Administrative
19Procedure Act.
20    (C) Civil Rights Violations. It is a civil rights
21violation for any public contractor or eligible bidder to:
22        (1) fail to comply with the public contractor's or
23    eligible bidder's duty to refrain from unlawful
24    discrimination and discrimination based on citizenship
25    status in employment under subsection (A)(1) of this
26    Section; or



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1        (2) fail to comply with the public contractor's or
2    eligible bidder's duties of affirmative action under
3    subsection (A) of this Section, provided however, that the
4    Department has notified the public contractor or eligible
5    bidder in writing by certified mail that the public
6    contractor or eligible bidder may not be in compliance
7    with affirmative action requirements of subsection (A). A
8    minimum of 60 days to comply with the requirements shall
9    be afforded to the public contractor or eligible bidder
10    before the Department may issue formal notice of
11    non-compliance.
12    (D) As used in this Section:
13        (1) "American Indian or Alaska Native" means a person
14    having origins in any of the original peoples of North and
15    South America, including Central America, and who
16    maintains tribal affiliation or community attachment.
17        (2) "Asian" means a person having origins in any of
18    the original peoples of the Far East, Southeast Asia, or
19    the Indian subcontinent, including, but not limited to,
20    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
21    the Philippine Islands, Thailand, and Vietnam.
22        (3) "Black or African American" means a person having
23    origins in any of the black racial groups of Africa.
24        (4) "Hispanic or Latino" means a person of Cuban,
25    Mexican, Puerto Rican, South or Central American, or other
26    Spanish culture or origin, regardless of race.



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1        (5) "Native Hawaiian or Other Pacific Islander" means
2    a person having origins in any of the original peoples of
3    Hawaii, Guam, Samoa, or other Pacific Islands.
4(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22;
5102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)