Illinois General Assembly - Full Text of HB3773
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3773  103rd General Assembly



HB3773 EnrolledLRB103 27562 SPS 53938 b

1    AN ACT concerning business.
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 Sections 2-101 and 2-102 as follows:
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of
16    this Act, "employee" also includes an unpaid intern. An
17    unpaid intern is a person who performs work for an
18    employer under the following circumstances:
19            (i) the employer is not committed to hiring the
20        person performing the work at the conclusion of the
21        intern's tenure;
22            (ii) the employer and the person performing the
23        work agree that the person is not entitled to wages for



HB3773 Enrolled- 2 -LRB103 27562 SPS 53938 b

1        the work performed; and
2            (iii) the work performed:
3                (I) supplements training given in an
4            educational environment that may enhance the
5            employability of the intern;
6                (II) provides experience for the benefit of
7            the person performing the work;
8                (III) does not displace regular employees;
9                (IV) is performed under the close supervision
10            of existing staff; and
11                (V) provides no immediate advantage to the
12            employer providing the training and may
13            occasionally impede the operations of the
14            employer.
15        (2) "Employee" does not include:
16            (a) (Blank);
17            (b) Individuals employed by persons who are not
18        "employers" as defined by this Act;
19            (c) Elected public officials or the members of
20        their immediate personal staffs;
21            (d) Principal administrative officers of the State
22        or of any political subdivision, municipal corporation
23        or other governmental unit or agency;
24            (e) A person in a vocational rehabilitation
25        facility certified under federal law who has been
26        designated an evaluee, trainee, or work activity



HB3773 Enrolled- 3 -LRB103 27562 SPS 53938 b

1        client.
2    (B) Employer.
3        (1) "Employer" includes:
4            (a) Any person employing one or more employees
5        within Illinois during 20 or more calendar weeks
6        within the calendar year of or preceding the alleged
7        violation;
8            (b) Any person employing one or more employees
9        when a complainant alleges civil rights violation due
10        to unlawful discrimination based upon his or her
11        physical or mental disability unrelated to ability,
12        pregnancy, or sexual harassment;
13            (c) The State and any political subdivision,
14        municipal corporation or other governmental unit or
15        agency, without regard to the number of employees;
16            (d) Any party to a public contract without regard
17        to the number of employees;
18            (e) A joint apprenticeship or training committee
19        without regard to the number of employees.
20        (2) "Employer" does not include any place of worship,
21    religious corporation, association, educational
22    institution, society, or non-profit nursing institution
23    conducted by and for those who rely upon treatment by
24    prayer through spiritual means in accordance with the
25    tenets of a recognized church or religious denomination
26    with respect to the employment of individuals of a



HB3773 Enrolled- 4 -LRB103 27562 SPS 53938 b

1    particular religion to perform work connected with the
2    carrying on by such place of worship, corporation,
3    association, educational institution, society or
4    non-profit nursing institution of its activities.
5    (C) Employment Agency. "Employment Agency" includes both
6public and private employment agencies and any person, labor
7organization, or labor union having a hiring hall or hiring
8office regularly undertaking, with or without compensation, to
9procure opportunities to work, or to procure, recruit, refer
10or place employees.
11    (D) Labor Organization. "Labor Organization" includes any
12organization, labor union, craft union, or any voluntary
13unincorporated association designed to further the cause of
14the rights of union labor which is constituted for the
15purpose, in whole or in part, of collective bargaining or of
16dealing with employers concerning grievances, terms or
17conditions of employment, or apprenticeships or applications
18for apprenticeships, or of other mutual aid or protection in
19connection with employment, including apprenticeships or
20applications for apprenticeships.
21    (E) Sexual Harassment. "Sexual harassment" means any
22unwelcome sexual advances or requests for sexual favors or any
23conduct of a sexual nature when (1) submission to such conduct
24is made either explicitly or implicitly a term or condition of
25an individual's employment, (2) submission to or rejection of
26such conduct by an individual is used as the basis for



HB3773 Enrolled- 5 -LRB103 27562 SPS 53938 b

1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5    For purposes of this definition, the phrase "working
6environment" is not limited to a physical location an employee
7is assigned to perform his or her duties.
8    (E-1) Harassment. "Harassment" means any unwelcome conduct
9on the basis of an individual's actual or perceived race,
10color, religion, national origin, ancestry, age, sex, marital
11status, order of protection status, disability, military
12status, sexual orientation, pregnancy, unfavorable discharge
13from military service, citizenship status, or work
14authorization status that has the purpose or effect of
15substantially interfering with the individual's work
16performance or creating an intimidating, hostile, or offensive
17working environment. For purposes of this definition, the
18phrase "working environment" is not limited to a physical
19location an employee is assigned to perform his or her duties.
20    (F) Religion. "Religion" with respect to employers
21includes all aspects of religious observance and practice, as
22well as belief, unless an employer demonstrates that he is
23unable to reasonably accommodate an employee's or prospective
24employee's religious observance or practice without undue
25hardship on the conduct of the employer's business.
26    (G) Public Employer. "Public employer" means the State, an



HB3773 Enrolled- 6 -LRB103 27562 SPS 53938 b

1agency or department thereof, unit of local government, school
2district, instrumentality or political subdivision.
3    (H) Public Employee. "Public employee" means an employee
4of the State, agency or department thereof, unit of local
5government, school district, instrumentality or political
6subdivision. "Public employee" does not include public
7officers or employees of the General Assembly or agencies
9    (I) Public Officer. "Public officer" means a person who is
10elected to office pursuant to the Constitution or a statute or
11ordinance, or who is appointed to an office which is
12established, and the qualifications and duties of which are
13prescribed, by the Constitution or a statute or ordinance, to
14discharge a public duty for the State, agency or department
15thereof, unit of local government, school district,
16instrumentality or political subdivision.
17    (J) Eligible Bidder. "Eligible bidder" means a person who,
18prior to contract award or prior to bid opening for State
19contracts for construction or construction-related services,
20has filed with the Department a properly completed, sworn and
21currently valid employer report form, pursuant to the
22Department's regulations. The provisions of this Article
23relating to eligible bidders apply only to bids on contracts
24with the State and its departments, agencies, boards, and
25commissions, and the provisions do not apply to bids on
26contracts with units of local government or school districts.



HB3773 Enrolled- 7 -LRB103 27562 SPS 53938 b

1    (K) Citizenship Status. "Citizenship status" means the
2status of being:
3        (1) a born U.S. citizen;
4        (2) a naturalized U.S. citizen;
5        (3) a U.S. national; or
6        (4) a person born outside the United States and not a
7    U.S. citizen who is lawfully present and who is protected
8    from discrimination under the provisions of Section 1324b
9    of Title 8 of the United States Code, as now or hereafter
10    amended.
11    (L) Work Authorization Status. "Work authorization status"
12means the status of being a person born outside of the United
13States, and not a U.S. citizen, who is authorized by the
14federal government to work in the United States.
15    (M) Artificial Intelligence. "Artificial intelligence"
16means a machine-based system that, for explicit or implicit
17objectives, infers, from the input it receives, how to
18generate outputs such as predictions, content,
19recommendations, or decisions that can influence physical or
20virtual environments. "Artificial intelligence" includes
21generative artificial intelligence.
22    (N) Generative Artificial Intelligence. "Generative
23artificial intelligence" means an automated computing system
24that, when prompted with human prompts, descriptions, or
25queries, can produce outputs that simulate human-produced
26content, including, but not limited to, the following: (1)



HB3773 Enrolled- 8 -LRB103 27562 SPS 53938 b

1textual outputs, such as short answers, essays, poetry, or
2longer compositions or answers; (2) image outputs, such as
3fine art, photographs, conceptual art, diagrams, and other
4images; (3) multimedia outputs, such as audio or video in the
5form of compositions, songs, or short-form or long-form audio
6or video; and (4) other content that would be otherwise
7produced by human means.
8(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
9102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
11    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
12    Sec. 2-102. Civil rights violations - employment. It is a
13civil rights violation:
14        (A) Employers. For any employer to refuse to hire, to
15    segregate, to engage in harassment as defined in
16    subsection (E-1) of Section 2-101, or to act with respect
17    to recruitment, hiring, promotion, renewal of employment,
18    selection for training or apprenticeship, discharge,
19    discipline, tenure or terms, privileges or conditions of
20    employment on the basis of unlawful discrimination,
21    citizenship status, or work authorization status. An
22    employer is responsible for harassment by the employer's
23    nonmanagerial and nonsupervisory employees only if the
24    employer becomes aware of the conduct and fails to take
25    reasonable corrective measures.



HB3773 Enrolled- 9 -LRB103 27562 SPS 53938 b

1        (A-5) Language. For an employer to impose a
2    restriction that has the effect of prohibiting a language
3    from being spoken by an employee in communications that
4    are unrelated to the employee's duties.
5        For the purposes of this subdivision (A-5), "language"
6    means a person's native tongue, such as Polish, Spanish,
7    or Chinese. "Language" does not include such things as
8    slang, jargon, profanity, or vulgarity.
9        (A-10) Harassment of nonemployees. For any employer,
10    employment agency, or labor organization to engage in
11    harassment of nonemployees in the workplace. An employer
12    is responsible for harassment of nonemployees by the
13    employer's nonmanagerial and nonsupervisory employees only
14    if the employer becomes aware of the conduct and fails to
15    take reasonable corrective measures. For the purposes of
16    this subdivision (A-10), "nonemployee" means a person who
17    is not otherwise an employee of the employer and is
18    directly performing services for the employer pursuant to
19    a contract with that employer. "Nonemployee" includes
20    contractors and consultants. This subdivision applies to
21    harassment occurring on or after the effective date of
22    this amendatory Act of the 101st General Assembly.
23        (B) Employment agency. For any employment agency to
24    fail or refuse to classify properly, accept applications
25    and register for employment referral or apprenticeship
26    referral, refer for employment, or refer for



HB3773 Enrolled- 10 -LRB103 27562 SPS 53938 b

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



HB3773 Enrolled- 11 -LRB103 27562 SPS 53938 b

1    reasonable corrective measures.
2        (D-5) Sexual harassment of nonemployees. For any
3    employer, employee, agent of any employer, employment
4    agency, or labor organization to engage in sexual
5    harassment of nonemployees in the workplace. An employer
6    is responsible for sexual harassment of nonemployees by
7    the employer's nonmanagerial and nonsupervisory employees
8    only if the employer becomes aware of the conduct and
9    fails to take reasonable corrective measures. For the
10    purposes of this subdivision (D-5), "nonemployee" means a
11    person who is not otherwise an employee of the employer
12    and is directly performing services for the employer
13    pursuant to a contract with that employer. "Nonemployee"
14    includes contractors and consultants. This subdivision
15    applies to sexual harassment occurring on or after the
16    effective date of this amendatory Act of the 101st General
17    Assembly.
18        (E) Public employers. For any public employer to
19    refuse to permit a public employee under its jurisdiction
20    who takes time off from work in order to practice his or
21    her religious beliefs to engage in work, during hours
22    other than such employee's regular working hours,
23    consistent with the operational needs of the employer and
24    in order to compensate for work time lost for such
25    religious reasons. Any employee who elects such deferred
26    work shall be compensated at the wage rate which he or she



HB3773 Enrolled- 12 -LRB103 27562 SPS 53938 b

1    would have earned during the originally scheduled work
2    period. The employer may require that an employee who
3    plans to take time off from work in order to practice his
4    or her religious beliefs provide the employer with a
5    notice of his or her intention to be absent from work not
6    exceeding 5 days prior to the date of absence.
7        (E-5) Religious discrimination. For any employer to
8    impose upon a person as a condition of obtaining or
9    retaining employment, including opportunities for
10    promotion, advancement, or transfer, any terms or
11    conditions that would require such person to violate or
12    forgo a sincerely held practice of his or her religion
13    including, but not limited to, the wearing of any attire,
14    clothing, or facial hair in accordance with the
15    requirements of his or her religion, unless, after
16    engaging in a bona fide effort, the employer demonstrates
17    that it is unable to reasonably accommodate the employee's
18    or prospective employee's sincerely held religious belief,
19    practice, or observance without undue hardship on the
20    conduct of the employer's business.
21        Nothing in this Section prohibits an employer from
22    enacting a dress code or grooming policy that may include
23    restrictions on attire, clothing, or facial hair to
24    maintain workplace safety or food sanitation.
25        (F) Training and apprenticeship programs. For any
26    employer, employment agency or labor organization to



HB3773 Enrolled- 13 -LRB103 27562 SPS 53938 b

1    discriminate against a person on the basis of age in the
2    selection, referral for or conduct of apprenticeship or
3    training programs.
4        (G) Immigration-related practices.
5            (1) for an employer to request for purposes of
6        satisfying the requirements of Section 1324a(b) of
7        Title 8 of the United States Code, as now or hereafter
8        amended, more or different documents than are required
9        under such Section or to refuse to honor documents
10        tendered that on their face reasonably appear to be
11        genuine or to refuse to honor work authorization based
12        upon the specific status or term of status that
13        accompanies the authorization to work; or
14            (2) for an employer participating in the E-Verify
15        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
16        Programs for Employment Eligibility Confirmation
17        (enacted by PL 104-208, div. C title IV, subtitle A) to
18        refuse to hire, to segregate, or to act with respect to
19        recruitment, hiring, promotion, renewal of employment,
20        selection for training or apprenticeship, discharge,
21        discipline, tenure or terms, privileges or conditions
22        of employment without following the procedures under
23        the E-Verify Program.
24        (H) (Blank).
25        (I) Pregnancy. For an employer to refuse to hire, to
26    segregate, or to act with respect to recruitment, hiring,



HB3773 Enrolled- 14 -LRB103 27562 SPS 53938 b

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



HB3773 Enrolled- 15 -LRB103 27562 SPS 53938 b

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



HB3773 Enrolled- 16 -LRB103 27562 SPS 53938 b

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



HB3773 Enrolled- 17 -LRB103 27562 SPS 53938 b

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



HB3773 Enrolled- 18 -LRB103 27562 SPS 53938 b

1    common conditions resulting from pregnancy or childbirth.
2        For the purposes of this subdivision (J), "undue
3    hardship" means an action that is prohibitively expensive
4    or disruptive when considered in light of the following
5    factors: (i) the nature and cost of the accommodation
6    needed; (ii) the overall financial resources of the
7    facility or facilities involved in the provision of the
8    reasonable accommodation, the number of persons employed
9    at the facility, the effect on expenses and resources, or
10    the impact otherwise of the accommodation upon the
11    operation of the facility; (iii) the overall financial
12    resources of the employer, the overall size of the
13    business of the employer with respect to the number of its
14    employees, and the number, type, and location of its
15    facilities; and (iv) the type of operation or operations
16    of the employer, including the composition, structure, and
17    functions of the workforce of the employer, the geographic
18    separateness, administrative, or fiscal relationship of
19    the facility or facilities in question to the employer.
20    The employer has the burden of proving undue hardship. The
21    fact that the employer provides or would be required to
22    provide a similar accommodation to similarly situated
23    employees creates a rebuttable presumption that the
24    accommodation does not impose an undue hardship on the
25    employer.
26        No employer is required by this subdivision (J) to



HB3773 Enrolled- 19 -LRB103 27562 SPS 53938 b

1    create additional employment that the employer would not
2    otherwise have created, unless the employer does so or
3    would do so for other classes of employees who need
4    accommodation. The employer is not required to discharge
5    any employee, transfer any employee with more seniority,
6    or promote any employee who is not qualified to perform
7    the job, unless the employer does so or would do so to
8    accommodate other classes of employees who need it.
9        (K) Notice.
10            (1) For an employer to fail to post or keep posted
11        in a conspicuous location on the premises of the
12        employer where notices to employees are customarily
13        posted, or fail to include in any employee handbook
14        information concerning an employee's rights under this
15        Article, a notice, to be prepared or approved by the
16        Department, summarizing the requirements of this
17        Article and information pertaining to the filing of a
18        charge, including the right to be free from unlawful
19        discrimination, the right to be free from sexual
20        harassment, and the right to certain reasonable
21        accommodations. The Department shall make the
22        documents required under this paragraph available for
23        retrieval from the Department's website.
24            (2) Upon notification of a violation of paragraph
25        (1) of this subdivision (K), the Department may launch
26        a preliminary investigation. If the Department finds a



HB3773 Enrolled- 20 -LRB103 27562 SPS 53938 b

1        violation, the Department may issue a notice to show
2        cause giving the employer 30 days to correct the
3        violation. If the violation is not corrected, the
4        Department may initiate a charge of a civil rights
5        violation.
6        (L) Use of artificial intelligence.
7            (1) With respect to recruitment, hiring,
8        promotion, renewal of employment, selection for
9        training or apprenticeship, discharge, discipline,
10        tenure, or the terms, privileges, or conditions of
11        employment, for an employer to use artificial
12        intelligence that has the effect of subjecting
13        employees to discrimination on the basis of protected
14        classes under this Article or to use zip codes as a
15        proxy for protected classes under this Article.
16            (2) For an employer to fail to provide notice to an
17        employee that the employer is using artificial
18        intelligence for the purposes described in paragraph
19        (1).
20        The Department shall adopt any rules necessary for the
21    implementation and enforcement of this subdivision,
22    including, but not limited to, rules on the circumstances
23    and conditions that require notice, the time period for
24    providing notice, and the means for providing notice.
25(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
26    Section 99. Effective date. This Act takes effect January



HB3773 Enrolled- 21 -LRB103 27562 SPS 53938 b

11, 2026.