Full Text of HB4205 96th General Assembly
HB4205sam001 96TH GENERAL ASSEMBLY
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Sen. John M. Sullivan
Filed: 5/11/2009
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LRB096 05764 DRJ 26453 a |
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| AMENDMENT TO HOUSE BILL 4205
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| AMENDMENT NO. ______. Amend House Bill 4205 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Service Member's Employment Tenure Act is | 5 |
| amended by changing Section 6 as follows:
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| (330 ILCS 60/6) (from Ch. 126 1/2, par. 34)
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| Sec. 6. Employer's violation of Act; penalty; employee's | 8 |
| remedies.
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| (a) An employer's knowing violation of this Act is a | 10 |
| business offense punishable by a fine of not less than $5,000 | 11 |
| and not more than $10,000.
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| (b) In case any employer fails or refuses to comply with
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| this Act, the circuit court of the county in which such private | 14 |
| employer
maintains a place of business, or of the county where | 15 |
| such State employee
performs most of his duties, has power, | 16 |
| upon the filing of a complaint
by the person entitled to
the |
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| benefits of this Act, to specifically require such employer to | 2 |
| comply
with this Act and to compensate such person for any loss | 3 |
| of wages or
benefits suffered by reason of such employer's | 4 |
| unlawful action, together
with reasonable attorney's fees and | 5 |
| costs. No fees or court costs shall be taxed
against any person | 6 |
| applying for the benefits of this Act.
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| The court shall, in its sound discretion, give preference | 8 |
| to the hearing
and disposition of such cases over other matters | 9 |
| then pending before it.
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| (c) In addition to any other penalty provided by law, an | 11 |
| employer's knowing violation of this Act is a civil rights | 12 |
| violation under the Illinois Human Rights Act. | 13 |
| (Source: P.A. 93-828, eff. 7-28-04.)
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| Section 10. The Illinois Human Rights Act is amended by | 15 |
| changing Section 2-102 as follows:
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| (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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| Sec. 2-102. Civil Rights Violations - Employment. It is a | 18 |
| civil
rights violation:
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| (A) Employers. For any employer to refuse to hire, to | 20 |
| segregate, or
to act with respect to recruitment, hiring, | 21 |
| promotion, renewal of employment,
selection for training or | 22 |
| apprenticeship, discharge, discipline, tenure or
terms, | 23 |
| privileges or conditions of employment on the basis of unlawful
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| discrimination or citizenship status.
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| (A-5) Language. For an employer to impose a restriction | 2 |
| that has the
effect of prohibiting a language from being spoken | 3 |
| by an employee in
communications that are unrelated to the | 4 |
| employee's duties.
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| For the purposes of this subdivision (A-5), "language" | 6 |
| means a person's
native tongue, such as Polish, Spanish, or
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| Chinese.
"Language" does not include such things as slang, | 8 |
| jargon, profanity, or
vulgarity.
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| (A-10) Violation of Service Member's Employment Tenure | 10 |
| Act. For an employer to knowingly violate the Service Member's | 11 |
| Employment Tenure Act. | 12 |
| (B) Employment Agency. For any employment agency to fail or | 13 |
| refuse
to classify properly, accept applications and register | 14 |
| for employment
referral or apprenticeship referral, refer for | 15 |
| employment, or refer for
apprenticeship on the basis of | 16 |
| unlawful discrimination or citizenship
status or to accept from | 17 |
| any person any job order, requisition or request
for referral | 18 |
| of applicants for employment or apprenticeship which makes or
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| has the effect of making unlawful discrimination or | 20 |
| discrimination on the
basis of citizenship status a condition | 21 |
| of referral.
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| (C) Labor Organization. For any labor organization to | 23 |
| limit,
segregate or classify its membership, or to limit | 24 |
| employment
opportunities, selection and training for | 25 |
| apprenticeship in any trade or
craft, or otherwise to take, or | 26 |
| fail to take, any action which affects
adversely any person's |
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| status as an employee or as an applicant for
employment or as | 2 |
| an apprentice, or as an applicant for apprenticeships,
or | 3 |
| wages, tenure, hours of employment or apprenticeship | 4 |
| conditions on the
basis of unlawful discrimination or | 5 |
| citizenship status.
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| (D) Sexual Harassment. For any employer, employee, agent of | 7 |
| any employer,
employment agency or labor organization to engage | 8 |
| in sexual harassment;
provided, that an employer shall be | 9 |
| responsible for sexual harassment
of the employer's employees | 10 |
| by nonemployees or nonmanagerial and nonsupervisory
employees | 11 |
| only if the employer becomes aware of the conduct and fails to
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| take reasonable corrective measures.
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| (E) Public Employers. For any public employer to refuse to | 14 |
| permit a
public employee under its jurisdiction who takes time | 15 |
| off from work in
order to practice his or her religious beliefs | 16 |
| to engage in work, during hours
other than such employee's | 17 |
| regular working hours, consistent with the
operational needs of | 18 |
| the employer and in order to compensate for work time
lost for | 19 |
| such religious reasons. Any employee who elects such deferred
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| work shall be compensated at the wage rate which he or she | 21 |
| would have
earned during the originally scheduled work period. | 22 |
| The employer may
require that an employee who plans to take | 23 |
| time off from work in order to
practice his or her religious | 24 |
| beliefs provide the employer with a notice of
his or her | 25 |
| intention to be absent from work not exceeding 5 days prior to
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| the date of absence.
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| (F) Training and Apprenticeship Programs. For any | 2 |
| employer,
employment agency or labor organization to | 3 |
| discriminate against a person on
the basis of age in the | 4 |
| selection, referral for or conduct of apprenticeship
or | 5 |
| training programs.
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| (G) Immigration-Related Practices. | 7 |
| (1) for an employer to request for
purposes of | 8 |
| satisfying the requirements of Section 1324a(b) of Title 8 | 9 |
| of
the United States Code, as now or hereafter amended, | 10 |
| more or different
documents than are required under such | 11 |
| Section or to refuse to honor
documents tendered that on | 12 |
| their face reasonably appear to be genuine; or
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| (2) for an employer participating in the Basic Pilot | 14 |
| Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 15 |
| Programs for Employment Eligibility Confirmation (enacted | 16 |
| by PL 104-208, div. C title IV, subtitle A) to refuse to | 17 |
| hire, to segregate, or to act with respect to recruitment, | 18 |
| hiring, promotion, renewal of employment, selection for | 19 |
| training or apprenticeship, discharge, discipline, tenure | 20 |
| or terms, privileges or conditions of employment without | 21 |
| following the procedures under the Basic Pilot Program. | 22 |
| (H) Pregnancy;
peace officers and fire fighters. For a | 23 |
| public employer to refuse to temporarily transfer a pregnant
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| female peace officer or pregnant
female fire fighter to a less | 25 |
| strenuous or hazardous position for the
duration of her | 26 |
| pregnancy if she so requests, with the advice of her
physician, |
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| where that transfer can be reasonably accommodated. For the | 2 |
| purposes of this subdivision (H), "peace officer" and "fire | 3 |
| fighter" have the meanings ascribed to those terms in Section 3 | 4 |
| of the Illinois Public Labor Relations Act.
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| It is not a civil rights violation for an employer to take | 6 |
| any action
that is required by Section 1324a of Title 8 of the | 7 |
| United States Code, as
now or hereafter amended.
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| (Source: P.A. 95-25, eff. 1-1-08; 95-137, eff. 1-1-08; 95-876, | 9 |
| eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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