SB1770ham001 96TH GENERAL ASSEMBLY

Labor Committee

Filed: 4/29/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1770

2     AMENDMENT NO. ______. Amend Senate Bill 1770 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Victims' Economic Security and Safety Act
5 is amended by changing Sections 5, 10, 15, 20, 25, 30, and 40
6 as follows:
 
7     (820 ILCS 180/5)
8     Sec. 5. Findings. The General Assembly finds and declares
9 the following:
10         (1) Domestic and sexual violence affects many persons
11     without regard to age, race, educational level,
12     socioeconomic status, religion, or occupation.
13         (2) Domestic and sexual violence has a devastating
14     effect on individuals, families, communities and the
15     workplace.
16         (3) Domestic violence crimes account for approximately

 

 

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1     15% of total crime costs in the United States each year.
2         (4) Violence against women has been reported to be the
3     leading cause of physical injury to women. Such violence
4     has a devastating impact on women's physical and emotional
5     health and financial security.
6         (5) According to recent government surveys, from 1993
7     through 1998 the average annual number of violent
8     victimizations committed by intimate partners was
9     1,082,110, 87% of which were committed against women.
10         (6) Female murder victims were substantially more
11     likely than male murder victims to have been killed by an
12     intimate partner. About one-third of female murder
13     victims, and about 4% of male murder victims, were killed
14     by an intimate partner.
15         (7) According to recent government estimates,
16     approximately 987,400 rapes occur annually in the United
17     States, 89% of the rapes are perpetrated against female
18     victims.
19         (8) Approximately 10,200,000 people have been stalked
20     at some time in their lives. Four out of every 5 stalking
21     victims are women. Stalkers harass and terrorize their
22     victims by spying on the victims, standing outside their
23     places of work or homes, making unwanted phone calls,
24     sending or leaving unwanted letters or items, or
25     vandalizing property.
26         (9) Employees in the United States who have been

 

 

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1     victims of domestic violence, dating violence, sexual
2     assault, or stalking too often suffer adverse consequences
3     in the workplace as a result of their victimization.
4         (10) Victims of domestic violence, dating violence,
5     sexual assault, and stalking face the threat of job loss
6     and loss of health insurance as a result of the illegal
7     acts of the perpetrators of violence.
8         (11) The prevalence of domestic violence, dating
9     violence, sexual assault, stalking, and other violence
10     against women at work is dramatic. Approximately 11% of all
11     rapes occur in the workplace. About 50,500 individuals, 83%
12     of whom are women, were raped or sexually assaulted in the
13     workplace each year from 1992 through 1996. Half of all
14     female victims of violent workplace crimes know their
15     attackers. Nearly one out of 10 violent workplace incidents
16     is committed by partners or spouses.
17         (12) Homicide is the leading cause of death for women
18     on the job. Husbands, boyfriends, and ex-partners commit
19     15% of workplace homicides against women.
20         (13) Studies indicate that as much as 74% of employed
21     battered women surveyed were harassed at work by their
22     abusive partners.
23         (14) According to a 1998 report of the U.S. General
24     Accounting Office, between one-fourth and one-half of
25     domestic violence victims surveyed in 3 studies reported
26     that the victims lost a job due, at least in part, to

 

 

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1     domestic violence.
2         (15) Women who have experienced domestic violence or
3     dating violence are more likely than other women to be
4     unemployed, to suffer from health problems that can affect
5     employability and job performance, to report lower
6     personal income, and to rely on welfare.
7         (16) Abusers frequently seek to control their partners
8     by actively interfering with their ability to work,
9     including preventing their partners from going to work,
10     harassing their partners at work, limiting the access of
11     their partners to cash or transportation, and sabotaging
12     the child care arrangements of their partners.
13         (17) More than one-half of women receiving welfare have
14     been victims of domestic violence as adults and between
15     one-fourth and one-third reported being abused in the last
16     year.
17         (18) Sexual assault, whether occurring in or out of the
18     workplace, can impair an employee's work performance,
19     require time away from work, and undermine the employee's
20     ability to maintain a job. Almost 50% of sexual assault
21     survivors lose their jobs or are forced to quit in the
22     aftermath of the assaults.
23         (19) More than one-fourth of stalking victims report
24     losing time from work due to the stalking and 7% never
25     return to work.
26         (20) (A) According to the National Institute of

 

 

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1     Justice, crime costs an estimated $450,000,000,000
2     annually in medical expenses, lost earnings, social
3     service costs, pain, suffering, and reduced quality of life
4     for victims, which harms the Nation's productivity and
5     drains the Nation's resources. (B) Violent crime accounts
6     for $426,000,000,000 per year of this amount. (C) Rape
7     exacts the highest costs per victim of any criminal
8     offense, and accounts for $127,000,000,000 per year of the
9     amount described in subparagraph (A).
10         (21) The Bureau of National Affairs has estimated that
11     domestic violence costs United States employers between
12     $3,000,000,000 and $5,000,000,000 annually in lost time
13     and productivity. Other reports have estimated that
14     domestic violence costs United States employers
15     $13,000,000,000 annually.
16         (22) United States medical costs for domestic violence
17     have been estimated to be $31,000,000,000 per year.
18         (23) Ninety-four percent of corporate security and
19     safety directors at companies nationwide rank domestic
20     violence as a high security concern.
21         (24) Forty-nine percent of senior executives recently
22     surveyed said domestic violence has a harmful effect on
23     their company's productivity, 47% said domestic violence
24     negatively affects attendance, and 44% said domestic
25     violence increases health care costs.
26         (25) Employees, including individuals participating in

 

 

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1     welfare to work programs, may need to take time during
2     business hours to:
3             (A) obtain orders of protection or civil no contact
4         orders;
5             (B) seek medical or legal assistance, counseling,
6         or other services; or
7             (C) look for housing in order to escape from
8         domestic or sexual violence.
9 (Source: P.A. 93-591, eff. 8-25-03.)
 
10     (820 ILCS 180/10)
11     Sec. 10. Definitions. In this Act, except as otherwise
12 expressly provided:
13         (1) "Commerce" includes trade, traffic, commerce,
14     transportation, or communication; and "industry or
15     activity affecting commerce" means any activity, business,
16     or industry in commerce or in which a labor dispute would
17     hinder or obstruct commerce or the free flow of commerce,
18     and includes "commerce" and any "industry affecting
19     commerce".
20         (2) "Course of conduct" means a course of repeatedly
21     maintaining a visual or physical proximity to a person or
22     conveying oral or written threats, including threats
23     conveyed through electronic communications, or threats
24     implied by conduct.
25         (3) "Department" means the Department of Labor.

 

 

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1         (4) "Director" means the Director of Labor.
2         (5) "Domestic or sexual violence" means domestic
3     violence, sexual assault, or stalking.
4         (6) "Domestic violence" means abuse, as defined in
5     Section 103 of the Illinois Domestic Violence Act of 1986,
6     by a family or household member, as defined in Section 103
7     of the Illinois Domestic Violence Act of 1986 includes acts
8     or threats of violence, not including acts of self defense,
9     as defined in subdivision (3) of Section 103 of the
10     Illinois Domestic Violence Act of 1986, sexual assault, or
11     death to the person, or the person's family or household
12     member, if the conduct causes the specific person to have
13     such distress or fear.
14         (7) "Electronic communications" includes
15     communications via telephone, mobile phone, computer,
16     e-mail, video recorder, fax machine, telex, or pager, or
17     any other electronic communication, as defined in Section
18     12-7.5 of the Criminal Code of 1961.
19         (8) "Employ" includes to suffer or permit to work.
20         (9) Employee.
21             (A) In general. "Employee" means any person
22         employed by an employer.
23             (B) Basis. "Employee" includes a person employed
24         as described in subparagraph (A) on a full or part-time
25         basis, or as a participant in a work assignment as a
26         condition of receipt of federal or State income-based

 

 

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1         public assistance.
2         (10) "Employer" means any of the following: (A) the
3     State or any agency of the State; (B) any unit of local
4     government or school district; or (C) any person that
5     employs at least 15 50 employees.
6         (11) "Employment benefits" means all benefits provided
7     or made available to employees by an employer, including
8     group life insurance, health insurance, disability
9     insurance, sick leave, annual leave, educational benefits,
10     and pensions, and profit-sharing, regardless of whether
11     such benefits are provided by a practice or written policy
12     of an employer or through an "employee benefit plan".
13     "Employee benefit plan" or "plan" means an employee welfare
14     benefit plan or an employee pension benefit plan or a plan
15     which is both an employee welfare benefit plan and an
16     employee pension benefit plan.
17         (12) "Family or household member", for employees with a
18     family or household member who is a victim of domestic or
19     sexual violence, means a spouse, parent, son, daughter,
20     other person related by blood or by present or prior
21     marriage, other person who shares a relationship through a
22     son or daughter, and persons jointly residing in the same
23     household.
24         (13) "Parent" means the biological parent of an
25     employee or an individual who stood in loco parentis to an
26     employee when the employee was a son or daughter. "Son or

 

 

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1     daughter" means a biological, adopted, or foster child, a
2     stepchild, a legal ward, or a child of a person standing in
3     loco parentis, who is under 18 years of age, or is 18 years
4     of age or older and incapable of self-care because of a
5     mental or physical disability.
6         (14) "Perpetrator" means an individual who commits or
7     is alleged to have committed any act or threat of domestic
8     or sexual violence.
9         (15) "Person" means an individual, partnership,
10     association, corporation, business trust, legal
11     representative, or any organized group of persons.
12         (15.1) "Prevailing employee" means an employee who
13     obtains relief by administrative order, court order, or
14     whose suit or claim is settled by private agreement.
15         (16) "Public agency" means the Government of the State
16     or political subdivision thereof; any agency of the State,
17     or of a political subdivision of the State; or any
18     governmental agency.
19         (17) "Public assistance" includes cash, food stamps,
20     medical assistance, housing assistance, and other benefits
21     provided on the basis of income by a public agency or
22     public employer.
23         (18) "Reduced work schedule" means a work schedule that
24     reduces the usual number of hours per workweek, or hours
25     per workday, of an employee.
26         (19) "Repeatedly" means on 2 or more occasions.

 

 

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1         (20) "Sexual assault" means any conduct proscribed by
2     the Criminal Code of 1961 in Sections 12-13, 12-14,
3     12-14.1, 12-15, and 12-16.
4         (21) "Stalking" means any conduct proscribed by the
5     Criminal Code of 1961 in Sections 12-7.3, and 12-7.4, and
6     12-7.5.
7         (22) "Victim" or "survivor" means an individual who has
8     been subjected to domestic or sexual violence.
9         (23) "Victim services organization" means a nonprofit,
10     nongovernmental organization that provides assistance to
11     victims of domestic or sexual violence or to advocates for
12     such victims, including a rape crisis center, an
13     organization carrying out a domestic violence program, an
14     organization operating a shelter or providing counseling
15     services, or a legal services organization or other
16     organization providing assistance through the legal
17     process.
18 (Source: P.A. 93-591, eff. 8-25-03.)
 
19     (820 ILCS 180/15)
20     Sec. 15. Purposes. The purposes of this Act are:
21         (1) to promote the State's interest in reducing
22     domestic violence, dating violence, sexual assault, and
23     stalking by enabling victims of domestic or sexual violence
24     to maintain the financial independence necessary to leave
25     abusive situations, achieve safety, and minimize the

 

 

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1     physical and emotional injuries from domestic or sexual
2     violence, and to reduce the devastating economic
3     consequences of domestic or sexual violence to employers
4     and employees;
5         (2) to address the failure of existing laws to protect
6     the employment rights of employees who are victims of
7     domestic or sexual violence and employees with a family or
8     household member who is a victim of domestic or sexual
9     violence, by protecting the civil and economic rights of
10     those employees, and by furthering the equal opportunity of
11     women for economic self-sufficiency and employment free
12     from discrimination;
13         (3) to accomplish the purposes described in paragraphs
14     (1) and (2) by (A) entitling employed victims of domestic
15     or sexual violence and employees with a family or household
16     member who is a victim of domestic or sexual violence to
17     take unpaid leave to seek medical help, legal assistance,
18     counseling, safety planning, and other assistance without
19     penalty from their employers for the employee or the family
20     or household member who is a victim; and (B) prohibiting
21     employers from discriminating against any employee who is a
22     victim of domestic or sexual violence or any employee who
23     has a family or household member who is a victim of
24     domestic or sexual violence, in a manner that accommodates
25     the legitimate interests of employers and protects the
26     safety of all persons in the workplace.

 

 

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1 (Source: P.A. 93-591, eff. 8-25-03.)
 
2     (820 ILCS 180/20)
3     Sec. 20. Entitlement to leave due to domestic or sexual
4 violence.
5     (a) Leave requirement.
6         (1) Basis. An employee who is a victim of domestic or
7     sexual violence or has a family or household member who is
8     a victim of domestic or sexual violence whose interests are
9     not adverse to the employee as it relates to the domestic
10     or sexual violence may take unpaid leave from work to
11     address domestic or sexual violence by:
12             (A) seeking medical attention for, or recovering
13         from, physical or psychological injuries caused by
14         domestic or sexual violence to the employee or the
15         employee's family or household member;
16             (B) obtaining services from a victim services
17         organization for the employee or the employee's family
18         or household member;
19             (C) obtaining psychological or other counseling
20         for the employee or the employee's family or household
21         member;
22             (D) participating in safety planning, temporarily
23         or permanently relocating, or taking other actions to
24         increase the safety of the employee or the employee's
25         family or household member from future domestic or

 

 

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1         sexual violence or ensure economic security; or
2             (E) seeking legal assistance or remedies to ensure
3         the health and safety of the employee or the employee's
4         family or household member, including preparing for or
5         participating in any civil or criminal legal
6         proceeding related to or derived from domestic or
7         sexual violence.
8         (2) Period. Subject to subsection (c), an employee
9     working for an employer that employs at least 50 employees
10     shall be entitled to a total of 12 workweeks of leave
11     during any 12-month period. Subject to subsection (c), an
12     employee working for an employer that employs at least 15
13     but not more than 49 employees shall be entitled to a total
14     of 8 workweeks of leave during any 12-month period. The
15     total number of workweeks to which an employee is entitled
16     shall not decrease during the relevant 12-month period.
17     This Act does not create a right for an employee to take
18     unpaid leave that exceeds the unpaid leave time allowed
19     under, or is in addition to the unpaid leave time permitted
20     by, the federal Family and Medical Leave Act of 1993 (29
21     U.S.C. 2601 et seq.).
22         (3) Schedule. Leave described in paragraph (1) may be
23     taken intermittently or on a reduced work schedule.
24     (b) Notice. The employee shall provide the employer with at
25 least 48 hours' advance notice of the employee's intention to
26 take the leave, unless providing such notice is not

 

 

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1 practicable. When an unscheduled absence occurs, the employer
2 may not take any action against the employee if the employee,
3 upon request of the employer and within a reasonable period
4 after the absence, provides certification under subsection
5 (c).
6     (c) Certification.
7         (1) In general. The employer may require the employee
8     to provide certification to the employer that:
9             (A) the employee or the employee's family or
10         household member is a victim of domestic or sexual
11         violence; and
12             (B) the leave is for one of the purposes enumerated
13         in paragraph (a)(1).
14         The employee shall provide such certification to the
15     employer within a reasonable period after the employer
16     requests certification.
17         (2) Contents. An employee may satisfy the
18     certification requirement of paragraph (1) by providing to
19     the employer a sworn statement of the employee, and upon
20     obtaining such documents the employee shall provide:
21             (A) documentation from an employee, agent, or
22         volunteer of a victim services organization, an
23         attorney, a member of the clergy, or a medical or other
24         professional from whom the employee or the employee's
25         family or household member has sought assistance in
26         addressing domestic or sexual violence and the effects

 

 

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1         of the violence;
2             (B) a police or court record; or
3             (C) other corroborating evidence.
4     (d) Confidentiality. All information provided to the
5 employer pursuant to subsection (b) or (c), including a
6 statement of the employee or any other documentation, record,
7 or corroborating evidence, and the fact that the employee has
8 requested or obtained leave pursuant to this Section, shall be
9 retained in the strictest confidence by the employer, except to
10 the extent that disclosure is:
11         (1) requested or consented to in writing by the
12     employee; or
13         (2) otherwise required by applicable federal or State
14     law.
15     (e) Employment and benefits.
16         (1) Restoration to position.
17             (A) In general. Any employee who takes leave under
18         this Section for the intended purpose of the leave
19         shall be entitled, on return from such leave:
20                 (i) to be restored by the employer to the
21             position of employment held by the employee when
22             the leave commenced; or
23                 (ii) to be restored to an equivalent position
24             with equivalent employment benefits, pay, and
25             other terms and conditions of employment.
26             (B) Loss of benefits. The taking of leave under

 

 

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1         this Section shall not result in the loss of any
2         employment benefit accrued prior to the date on which
3         the leave commenced.
4             (C) Limitations. Nothing in this subsection shall
5         be construed to entitle any restored employee to:
6                 (i) the accrual of any seniority or employment
7             benefits during any period of leave; or
8                 (ii) any right, benefit, or position of
9             employment other than any right, benefit, or
10             position to which the employee would have been
11             entitled had the employee not taken the leave.
12             (D) Construction. Nothing in this paragraph shall
13         be construed to prohibit an employer from requiring an
14         employee on leave under this Section to report
15         periodically to the employer on the status and
16         intention of the employee to return to work.
17         (2) Maintenance of health benefits.
18             (A) Coverage. Except as provided in subparagraph
19         (B), during any period that an employee takes leave
20         under this Section, the employer shall maintain
21         coverage for the employee and any family or household
22         member under any group health plan for the duration of
23         such leave at the level and under the conditions
24         coverage would have been provided if the employee had
25         continued in employment continuously for the duration
26         of such leave.

 

 

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1             (B) Failure to return from leave. The employer may
2         recover the premium that the employer paid for
3         maintaining coverage for the employee and the
4         employee's family or household member under such group
5         health plan during any period of leave under this
6         Section if:
7                 (i) the employee fails to return from leave
8             under this Section after the period of leave to
9             which the employee is entitled has expired; and
10                 (ii) the employee fails to return to work for a
11             reason other than:
12                     (I) the continuation, recurrence, or onset
13                 of domestic or sexual violence that entitles
14                 the employee to leave pursuant to this Section;
15                 or
16                     (II) other circumstances beyond the
17                 control of the employee.
18             (C) Certification.
19                 (i) Issuance. An employer may require an
20             employee who claims that the employee is unable to
21             return to work because of a reason described in
22             subclause (I) or (II) of subparagraph (B)(ii) to
23             provide, within a reasonable period after making
24             the claim, certification to the employer that the
25             employee is unable to return to work because of
26             that reason.

 

 

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1                 (ii) Contents. An employee may satisfy the
2             certification requirement of clause (i) by
3             providing to the employer:
4                     (I) a sworn statement of the employee;
5                     (II) documentation from an employee,
6                 agent, or volunteer of a victim services
7                 organization, an attorney, a member of the
8                 clergy, or a medical or other professional from
9                 whom the employee has sought assistance in
10                 addressing domestic or sexual violence and the
11                 effects of that violence;
12                     (III) a police or court record; or
13                     (IV) other corroborating evidence.
14             (D) Confidentiality. All information provided to
15         the employer pursuant to subparagraph (C), including a
16         statement of the employee or any other documentation,
17         record, or corroborating evidence, and the fact that
18         the employee is not returning to work because of a
19         reason described in subclause (I) or (II) of
20         subparagraph (B)(ii) shall be retained in the
21         strictest confidence by the employer, except to the
22         extent that disclosure is:
23                 (i) requested or consented to in writing by the
24             employee; or
25                 (ii) otherwise required by applicable federal
26             or State law.

 

 

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1     (f) Prohibited acts.
2         (1) Interference with rights.
3             (A) Exercise of rights. It shall be unlawful for
4         any employer to interfere with, restrain, or deny the
5         exercise of or the attempt to exercise any right
6         provided under this Section.
7             (B) Employer discrimination. It shall be unlawful
8         for any employer to discharge or harass any individual,
9         or otherwise discriminate against any individual with
10         respect to compensation, terms, conditions, or
11         privileges of employment of the individual (including
12         retaliation in any form or manner) because the
13         individual:
14                 (i) exercised any right provided under this
15             Section; or
16                 (ii) opposed any practice made unlawful by
17             this Section.
18             (C) Public agency sanctions. It shall be unlawful
19         for any public agency to deny, reduce, or terminate the
20         benefits of, otherwise sanction, or harass any
21         individual, or otherwise discriminate against any
22         individual with respect to the amount, terms, or
23         conditions of public assistance of the individual
24         (including retaliation in any form or manner) because
25         the individual:
26                 (i) exercised any right provided under this

 

 

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1             Section; or
2                 (ii) opposed any practice made unlawful by
3             this Section.
4         (2) Interference with proceedings or inquiries. It
5     shall be unlawful for any person to discharge or in any
6     other manner discriminate (as described in subparagraph
7     (B) or (C) of paragraph (1)) against any individual because
8     such individual:
9             (A) has filed any charge, or has instituted or
10         caused to be instituted any proceeding, under or
11         related to this Section;
12             (B) has given, or is about to give, any information
13         in connection with any inquiry or proceeding relating
14         to any right provided under this Section; or
15             (C) has testified, or is about to testify, in any
16         inquiry or proceeding relating to any right provided
17         under this Section.
18 (Source: P.A. 93-591, eff. 8-25-03.)
 
19     (820 ILCS 180/25)
20     Sec. 25. Existing leave usable for addressing domestic or
21 sexual violence. An employee who is entitled to take paid or
22 unpaid leave (including family, medical, sick, annual,
23 personal, or similar leave) from employment, pursuant to
24 federal, State, or local law, a collective bargaining
25 agreement, or an employment benefits program or plan, may elect

 

 

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1 to substitute any period of such leave for an equivalent period
2 of leave provided under Section 20. The employer may not
3 require the employee to substitute available paid or unpaid
4 leave for leave provided under Section 20.
5 (Source: P.A. 93-591, eff. 8-25-03.)
 
6     (820 ILCS 180/30)
7     Sec. 30. Victims' employment sustainability; prohibited
8 discriminatory acts.
9     (a) An employer shall not fail to hire, refuse to hire,
10 discharge, constructively discharge, or harass any individual,
11 otherwise discriminate against any individual with respect to
12 the compensation, terms, conditions, or privileges of
13 employment of the individual, or retaliate against an
14 individual in any form or manner, and a public agency shall not
15 deny, reduce, or terminate the benefits of, otherwise sanction,
16 or harass any individual, otherwise discriminate against any
17 individual with respect to the amount, terms, or conditions of
18 public assistance of the individual, or retaliate against an
19 individual in any form or manner, because:
20         (1) the individual involved:
21             (A) is or is perceived to be a victim of domestic
22         or sexual violence;
23             (B) attended, participated in, prepared for, or
24         requested leave to attend, participate in, or prepare
25         for a criminal or civil court proceeding relating to an

 

 

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1         incident of domestic or sexual violence of which the
2         individual or a family or household member of the
3         individual was a victim, or requested or took leave for
4         any other reason provided under Section 20; or
5             (C) requested an adjustment to a job structure,
6         workplace facility, or work requirement, including a
7         transfer, reassignment, or modified schedule, leave, a
8         changed telephone number or seating assignment,
9         installation of a lock, or implementation of a safety
10         procedure in response to actual or threatened domestic
11         or sexual violence, regardless of whether the request
12         was granted; or
13         (2) the workplace is disrupted or threatened by the
14     action of a person whom the individual states has committed
15     or threatened to commit domestic or sexual violence against
16     the individual or the individual's family or household
17     member.
18     (b) In this Section:
19         (1) "Discriminate", used with respect to the terms,
20     conditions, or privileges of employment or with respect to
21     the terms or conditions of public assistance, includes not
22     making a reasonable accommodation to the known limitations
23     resulting from circumstances relating to being a victim of
24     domestic or sexual violence or a family or household member
25     being a victim of domestic or sexual violence of an
26     otherwise qualified individual:

 

 

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1             (A) who is:
2                 (i) an applicant or employee of the employer
3             (including a public agency); or
4                 (ii) an applicant for or recipient of public
5             assistance from a public agency; and
6             (B) who is:
7                 (i) a victim of domestic or sexual violence; or
8                 (ii) with a family or household member who is a
9             victim of domestic or sexual violence whose
10             interests are not adverse to the individual in
11             subparagraph (A) as it relates to the domestic or
12             sexual violence;
13     unless the employer or public agency can demonstrate that
14     the accommodation would impose an undue hardship on the
15     operation of the employer or public agency.
16         A reasonable accommodation must be made in a timely
17     fashion. Any exigent circumstances or danger facing the
18     employee or his or her family or household member shall be
19     considered in determining whether the accommodation is
20     reasonable.
21         (2) "Qualified individual" means:
22             (A) in the case of an applicant or employee
23         described in paragraph (1)(A)(i), an individual who,
24         but for being a victim of domestic or sexual violence
25         or with a family or household member who is a victim of
26         domestic or sexual violence, can perform the essential

 

 

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1         functions of the employment position that such
2         individual holds or desires; or
3             (B) in the case of an applicant or recipient
4         described in paragraph (1)(A)(ii), an individual who,
5         but for being a victim of domestic or sexual violence
6         or with a family or household member who is a victim of
7         domestic or sexual violence, can satisfy the essential
8         requirements of the program providing the public
9         assistance that the individual receives or desires.
10         (3) "Reasonable accommodation" may include an
11     adjustment to a job structure, workplace facility, or work
12     requirement, including a transfer, reassignment, or
13     modified schedule, leave, a changed telephone number or
14     seating assignment, installation of a lock, or
15     implementation of a safety procedure, or assistance in
16     documenting domestic or sexual violence that occurs at the
17     workplace or in work-related settings, in response to
18     actual or threatened domestic or sexual violence.
19         (4) Undue hardship.
20             (A) In general. "Undue hardship" means an action
21         requiring significant difficulty or expense, when
22         considered in light of the factors set forth in
23         subparagraph (B).
24             (B) Factors to be considered. In determining
25         whether a reasonable accommodation would impose an
26         undue hardship on the operation of an employer or

 

 

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1         public agency, factors to be considered include:
2                 (i) the nature and cost of the reasonable
3             accommodation needed under this Section;
4                 (ii) the overall financial resources of the
5             facility involved in the provision of the
6             reasonable accommodation, the number of persons
7             employed at such facility, the effect on expenses
8             and resources, or the impact otherwise of such
9             accommodation on the operation of the facility;
10                 (iii) the overall financial resources of the
11             employer or public agency, the overall size of the
12             business of an employer or public agency with
13             respect to the number of employees of the employer
14             or public agency, and the number, type, and
15             location of the facilities of an employer or public
16             agency; and
17                 (iv) the type of operation of the employer or
18             public agency, including the composition,
19             structure, and functions of the workforce of the
20             employer or public agency, the geographic
21             separateness of the facility from the employer or
22             public agency, and the administrative or fiscal
23             relationship of the facility to the employer or
24             public agency.
25 (Source: P.A. 93-591, eff. 8-25-03.)
 

 

 

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1     (820 ILCS 180/40)
2     Sec. 40. Notification. Every employer covered by this Act
3 shall post and keep posted, in conspicuous places on the
4 premises of the employer where notices to employees are
5 customarily posted, a notice, to be prepared or approved by the
6 Director of Labor, summarizing the requirements of this Act and
7 information pertaining to the filing of a charge or law suit.
8 The Director shall furnish copies of summaries and rules to
9 employers upon request without charge. Any employer that fails
10 to post the required notice may not rely on the provisions in
11 subsection (b) of Section 20 to claim that the employee failed
12 to inform the employer that she or he wanted or was eligible
13 for leave under this Act.
14 (Source: P.A. 93-591, eff. 8-25-03.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.".