Illinois General Assembly - Full Text of SB1697
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Full Text of SB1697  100th General Assembly




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1    AN ACT concerning human rights.
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 2-102 as follows:
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil Rights Violations - Employment. It is a
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken
17by an employee in communications that are unrelated to the
18employee's duties.
19    For the purposes of this subdivision (A-5), "language"
20means a person's native tongue, such as Polish, Spanish, or
21Chinese. "Language" does not include such things as slang,
22jargon, profanity, or vulgarity.
23    (B) Employment Agency. For any employment agency to fail or



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1refuse to classify properly, accept applications and register
2for employment referral or apprenticeship referral, refer for
3employment, or refer for apprenticeship on the basis of
4unlawful discrimination or citizenship status or to accept from
5any person any job order, requisition or request for referral
6of applicants for employment or apprenticeship which makes or
7has the effect of making unlawful discrimination or
8discrimination on the basis of citizenship status a condition
9of referral.
10    (C) Labor Organization. For any labor organization to
11limit, segregate or classify its membership, or to limit
12employment opportunities, selection and training for
13apprenticeship in any trade or craft, or otherwise to take, or
14fail to take, any action which affects adversely any person's
15status as an employee or as an applicant for employment or as
16an apprentice, or as an applicant for apprenticeships, or
17wages, tenure, hours of employment or apprenticeship
18conditions on the basis of unlawful discrimination or
19citizenship status.
20    (D) Sexual Harassment. For any employer, employee, agent of
21any employer, employment agency or labor organization to engage
22in sexual harassment; provided, that an employer shall be
23responsible for sexual harassment of the employer's employees
24by nonemployees or nonmanagerial and nonsupervisory employees
25only if the employer becomes aware of the conduct and fails to
26take reasonable corrective measures.



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1    (E) Public Employers. For any public employer to refuse to
2permit a public employee under its jurisdiction who takes time
3off from work in order to practice his or her religious beliefs
4to engage in work, during hours other than such employee's
5regular working hours, consistent with the operational needs of
6the employer and in order to compensate for work time lost for
7such religious reasons. Any employee who elects such deferred
8work shall be compensated at the wage rate which he or she
9would have earned during the originally scheduled work period.
10The employer may require that an employee who plans to take
11time off from work in order to practice his or her religious
12beliefs provide the employer with a notice of his or her
13intention to be absent from work not exceeding 5 days prior to
14the date of absence.
15    (E-5) Religious discrimination. For any employer to impose
16upon a person as a condition of obtaining or retaining
17employment, including opportunities for promotion,
18advancement, or transfer, any terms or conditions that would
19require such person to violate or forgo a sincerely held
20practice of his or her religion including, but not limited to,
21the wearing of any attire, clothing, or facial hair in
22accordance with the requirements of his or her religion,
23unless, after engaging in a bona fide effort, the employer
24demonstrates that it is unable to reasonably accommodate the
25employee's or prospective employee's sincerely held religious
26belief, practice, or observance without undue hardship on the



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1conduct of the employer's business.
2    Nothing in this Section prohibits an employer from enacting
3a dress code or grooming policy that may include restrictions
4on attire, clothing, or facial hair to maintain workplace
5safety or food sanitation.
6    (F) Training and Apprenticeship Programs. For any
7employer, employment agency or labor organization to
8discriminate against a person on the basis of age in the
9selection, referral for or conduct of apprenticeship or
10training programs.
11    (G) Immigration-Related Practices.
12        (1) for an employer to request for purposes of
13    satisfying the requirements of Section 1324a(b) of Title 8
14    of the United States Code, as now or hereafter amended,
15    more or different documents than are required under such
16    Section or to refuse to honor documents tendered that on
17    their face reasonably appear to be genuine; or
18        (2) for an employer participating in the E-Verify
19    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
20    Programs for Employment Eligibility Confirmation (enacted
21    by PL 104-208, div. C title IV, subtitle A) to refuse to
22    hire, to segregate, or to act with respect to recruitment,
23    hiring, promotion, renewal of employment, selection for
24    training or apprenticeship, discharge, discipline, tenure
25    or terms, privileges or conditions of employment without
26    following the procedures under the E-Verify Program.



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1    (H) (Blank).
2    (I) Pregnancy. For an employer to refuse to hire, to
3segregate, or to act with respect to recruitment, hiring,
4promotion, renewal of employment, selection for training or
5apprenticeship, discharge, discipline, tenure or terms,
6privileges or conditions of employment on the basis of
7pregnancy, childbirth, or medical or common conditions related
8to pregnancy or childbirth. Women affected by pregnancy,
9childbirth, or medical or common conditions related to
10pregnancy or childbirth shall be treated the same for all
11employment-related purposes, including receipt of benefits
12under fringe benefit programs, as other persons not so affected
13but similar in their ability or inability to work, regardless
14of the source of the inability to work or employment
15classification or status.
16    (J) Pregnancy; reasonable accommodations.
17        (1) If after a job applicant or employee, including a
18    part-time, full-time, or probationary employee, requests a
19    reasonable accommodation, for an employer to not make
20    reasonable accommodations for any medical or common
21    condition of a job applicant or employee related to
22    pregnancy or childbirth, unless the employer can
23    demonstrate that the accommodation would impose an undue
24    hardship on the ordinary operation of the business of the
25    employer. The employer may request documentation from the
26    employee's health care provider concerning the need for the



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1    requested reasonable accommodation or accommodations to
2    the same extent documentation is requested for conditions
3    related to disability if the employer's request for
4    documentation is job-related and consistent with business
5    necessity. The employer may require only the medical
6    justification for the requested accommodation or
7    accommodations, a description of the reasonable
8    accommodation or accommodations medically advisable, the
9    date the reasonable accommodation or accommodations became
10    medically advisable, and the probable duration of the
11    reasonable accommodation or accommodations. It is the duty
12    of the individual seeking a reasonable accommodation or
13    accommodations to submit to the employer any documentation
14    that is requested in accordance with this paragraph.
15    Notwithstanding the provisions of this paragraph, the
16    employer may require documentation by the employee's
17    health care provider to determine compliance with other
18    laws. The employee and employer shall engage in a timely,
19    good faith, and meaningful exchange to determine effective
20    reasonable accommodations.
21        (2) For an employer to deny employment opportunities or
22    benefits to or take adverse action against an otherwise
23    qualified job applicant or employee, including a
24    part-time, full-time, or probationary employee, if the
25    denial or adverse action is based on the need of the
26    employer to make reasonable accommodations to the known



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1    medical or common conditions related to the pregnancy or
2    childbirth of the applicant or employee.
3        (3) For an employer to require a job applicant or
4    employee, including a part-time, full-time, or
5    probationary employee, affected by pregnancy, childbirth,
6    or medical or common conditions related to pregnancy or
7    childbirth to accept an accommodation when the applicant or
8    employee did not request an accommodation and the applicant
9    or employee chooses not to accept the employer's
10    accommodation.
11        (4) For an employer to require an employee, including a
12    part-time, full-time, or probationary employee, to take
13    leave under any leave law or policy of the employer if
14    another reasonable accommodation can be provided to the
15    known medical or common conditions related to the pregnancy
16    or childbirth of an employee. No employer shall fail or
17    refuse to reinstate the employee affected by pregnancy,
18    childbirth, or medical or common conditions related to
19    pregnancy or childbirth to her original job or to an
20    equivalent position with equivalent pay and accumulated
21    seniority, retirement, fringe benefits, and other
22    applicable service credits upon her signifying her intent
23    to return or when her need for reasonable accommodation
24    ceases, unless the employer can demonstrate that the
25    accommodation would impose an undue hardship on the
26    ordinary operation of the business of the employer.



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1    For the purposes of this subdivision (J), "reasonable
2accommodations" means reasonable modifications or adjustments
3to the job application process or work environment, or to the
4manner or circumstances under which the position desired or
5held is customarily performed, that enable an applicant or
6employee affected by pregnancy, childbirth, or medical or
7common conditions related to pregnancy or childbirth to be
8considered for the position the applicant desires or to perform
9the essential functions of that position, and may include, but
10is not limited to: more frequent or longer bathroom breaks,
11breaks for increased water intake, and breaks for periodic
12rest; private non-bathroom space for expressing breast milk and
13breastfeeding; seating; assistance with manual labor; light
14duty; temporary transfer to a less strenuous or hazardous
15position; the provision of an accessible worksite; acquisition
16or modification of equipment; job restructuring; a part-time or
17modified work schedule; appropriate adjustment or
18modifications of examinations, training materials, or
19policies; reassignment to a vacant position; time off to
20recover from conditions related to childbirth; and leave
21necessitated by pregnancy, childbirth, or medical or common
22conditions resulting from pregnancy or childbirth.
23    For the purposes of this subdivision (J), "undue hardship"
24means an action that is prohibitively expensive or disruptive
25when considered in light of the following factors: (i) the
26nature and cost of the accommodation needed; (ii) the overall



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1financial resources of the facility or facilities involved in
2the provision of the reasonable accommodation, the number of
3persons employed at the facility, the effect on expenses and
4resources, or the impact otherwise of the accommodation upon
5the operation of the facility; (iii) the overall financial
6resources of the employer, the overall size of the business of
7the employer with respect to the number of its employees, and
8the number, type, and location of its facilities; and (iv) the
9type of operation or operations of the employer, including the
10composition, structure, and functions of the workforce of the
11employer, the geographic separateness, administrative, or
12fiscal relationship of the facility or facilities in question
13to the employer. The employer has the burden of proving undue
14hardship. The fact that the employer provides or would be
15required to provide a similar accommodation to similarly
16situated employees creates a rebuttable presumption that the
17accommodation does not impose an undue hardship on the
19    No employer is required by this subdivision (J) to create
20additional employment that the employer would not otherwise
21have created, unless the employer does so or would do so for
22other classes of employees who need accommodation. The employer
23is not required to discharge any employee, transfer any
24employee with more seniority, or promote any employee who is
25not qualified to perform the job, unless the employer does so
26or would do so to accommodate other classes of employees who



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1need it.
2    (K) Notice.
3        (1) For an employer to fail to post or keep posted in a
4    conspicuous location on the premises of the employer where
5    notices to employees are customarily posted, or fail to
6    include in any employee handbook information concerning an
7    employee's rights under this Article, a notice, to be
8    prepared or approved by the Department, summarizing the
9    requirements of this Article and information pertaining to
10    the filing of a charge, including the right to be free from
11    unlawful discrimination and the right to certain
12    reasonable accommodations. The Department shall make the
13    documents required under this paragraph available for
14    retrieval from the Department's website.
15        (2) Upon notification of a violation of paragraph (1)
16    of this subdivision (K), the Department may launch a
17    preliminary investigation. If the Department finds a
18    violation, the Department may issue a notice to show cause
19    giving the employer 30 days to correct the violation. If
20    the violation is not corrected, the Department may initiate
21    a charge of a civil rights violation.
22(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13;
2398-1050, eff. 1-1-15.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.