SB1770sam002 96TH GENERAL ASSEMBLY

Sen. Heather Steans

Filed: 3/25/2009

 

 


 

 


 
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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, 35, and
6 40 and by adding Section 37 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 or is perceived to be a victim of domestic
20     or sexual violence, means a spouse, parent, son, daughter,
21     other person related by blood or by present or prior
22     marriage, other person who shares a relationship through a
23     son or daughter, and persons jointly residing in the same
24     household.
25         (13) "Parent" means the biological parent of an
26     employee or an individual who stood in loco parentis to an

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     (c) Certification.
2         (1) In general. The employer may require the employee
3     to provide certification to the employer that:
4             (A) the employee or the employee's family or
5         household member is a victim of domestic or sexual
6         violence; and
7             (B) the leave is for one of the purposes enumerated
8         in paragraph (a)(1).
9         The employee shall provide such certification to the
10     employer within a reasonable period after the employer
11     requests certification.
12         (2) Contents. An employee may satisfy the
13     certification requirement of paragraph (1) by providing to
14     the employer a sworn statement of the employee, and upon
15     obtaining such documents the employee shall provide:
16             (A) documentation from an employee, agent, or
17         volunteer of a victim services organization, an
18         attorney, a member of the clergy, or a medical or other
19         professional from whom the employee or the employee's
20         family or household member has sought assistance in
21         addressing domestic or sexual violence and the effects
22         of the violence;
23             (B) a police or court record; or
24             (C) other corroborating evidence.
25     (d) Confidentiality. All information provided to the
26 employer pursuant to subsection (b) or (c), including a

 

 

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1 statement of the employee or any other documentation, record,
2 or corroborating evidence, and the fact that the employee has
3 requested or obtained leave pursuant to this Section, shall be
4 retained in the strictest confidence by the employer, except to
5 the extent that disclosure is:
6         (1) requested or consented to in writing by the
7     employee; or
8         (2) otherwise required by applicable federal or State
9     law.
10     Any employer that fails to maintain the required
11 confidentiality shall be liable to the prevailing employee for
12 damages of $2,000 for each unwarranted disclosure.
13     (e) Employment and benefits.
14         (1) Restoration to position.
15             (A) In general. Any employee who takes leave under
16         this Section for the intended purpose of the leave
17         shall be entitled, on return from such leave:
18                 (i) to be restored by the employer to the
19             position of employment held by the employee when
20             the leave commenced; or
21                 (ii) to be restored to an equivalent position
22             with equivalent employment benefits, pay, and
23             other terms and conditions of employment.
24             (B) Loss of benefits. The taking of leave under
25         this Section shall not result in the loss of any
26         employment benefit accrued prior to the date on which

 

 

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

 

 

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

 

 

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

 

 

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1         employee for damages of $2,000 for each unwarranted
2         disclosure.
3     (f) Prohibited acts.
4         (1) Interference with rights.
5             (A) Exercise of rights. It shall be unlawful for
6         any employer to interfere with, restrain, or deny the
7         exercise of or the attempt to exercise any right
8         provided under this Section.
9             (B) Employer discrimination. It shall be unlawful
10         for any employer to discharge or harass any individual,
11         or otherwise discriminate against any individual with
12         respect to compensation, terms, conditions, or
13         privileges of employment of the individual (including
14         retaliation in any form or manner) because the
15         individual:
16                 (i) exercised any right provided under this
17             Section; or
18                 (ii) opposed any practice made unlawful by
19             this Section.
20             (C) Public agency sanctions. It shall be unlawful
21         for any public agency to deny, reduce, or terminate the
22         benefits of, otherwise sanction, or harass any
23         individual, or otherwise discriminate against any
24         individual with respect to the amount, terms, or
25         conditions of public assistance of the individual
26         (including retaliation in any form or manner) because

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 (Source: P.A. 93-591, eff. 8-25-03.)
 
2     (820 ILCS 180/35)
3     Sec. 35. Enforcement.
4     (a) Department of Labor.
5         (1) The Director or his or her authorized
6     representative shall administer and enforce the provisions
7     of this Act. Any employee or a representative of employees
8     who believes his or her rights under this Act have been
9     violated may, within 3 years after the alleged violation
10     occurs, file a complaint with the Department requesting a
11     review of the alleged violation. A copy of the complaint
12     shall be sent to the person who allegedly committed the
13     violation, who shall be the respondent. Upon receipt of a
14     complaint, the Director shall cause such investigation to
15     be made as he or she deems appropriate. The investigation
16     shall provide an opportunity for a public hearing at the
17     request of any party to the review to enable the parties to
18     present information relating to the alleged allegation.
19     The parties shall be given written notice of the time and
20     place of the hearing at least 7 days before the hearing.
21     Upon receiving the report of the investigation, the
22     Director shall make findings of fact. If the Director finds
23     that a violation did occur, he or she shall issue a
24     decision incorporating his or her findings and requiring
25     the party committing the violation to take such affirmative

 

 

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1     action to abate the violation as the Director deems
2     appropriate, including:
3             (A) damages equal to the amount of wages, salary,
4         employment benefits, public assistance, or other
5         compensation denied or lost to such individual by
6         reason of the violation, and the interest on that
7         amount calculated at the prevailing rate;
8             (A-5) compensatory damages for emotional distress;
9             (A-10) liquidated damages of $5,000 to any
10         employee aggrieved by the failure of an employer to
11         post the notice required under Section 40;
12             (B) such equitable relief as may be appropriate,
13         including but not limited to hiring, reinstatement,
14         promotion, and reasonable accommodations; and
15             (C) reasonable attorney's fees, reasonable expert
16         witness fees, and other costs of the action to be paid
17         by the respondent to a prevailing employee.
18         If the Director finds that there was no violation, he
19     or she shall issue an order denying the complaint. An order
20     issued by the Director under this Section shall be final
21     and subject to judicial review under the Administrative
22     Review Law.
23         (2) The Director shall adopt rules necessary to
24     administer and enforce this Act in accordance with the
25     Illinois Administrative Procedure Act. The Director shall
26     have the powers and the parties shall have the rights

 

 

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1     provided in the Illinois Administrative Procedure Act for
2     contested cases, including, but not limited to, provisions
3     for depositions, subpoena power and procedures, and
4     discovery and protective order procedures.
5         (3) Intervention. The Attorney General of Illinois may
6     intervene on behalf of the Department if the Department
7     certifies that the case is of general public importance.
8     Upon such intervention the court may award such relief as
9     is authorized to be granted to an employee who has filed a
10     complaint or whose representative has filed a complaint
11     under this Section.
12     (b) Refusal to pay damages. Any employer who has been
13 ordered by the Director of Labor or the court to pay damages
14 under this Section and who fails to do so within 30 days after
15 the order is entered is liable to pay a penalty of 1% per
16 calendar day to the employee for each day of delay in paying
17 the damages to the employee.
18 (Source: P.A. 93-591, eff. 8-25-03.)
 
19     (820 ILCS 180/37 new)
20     Sec. 37. Private right of action. Any employee or
21 representative of employees aggrieved by a violation of this
22 Act or any rule adopted under this Act may file suit in circuit
23 court, in the county where the alleged offense occurred,
24 without regard to exhaustion of any alternative administrative
25 remedies provided under this Act. Actions may be brought by one

 

 

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1 or more individuals for and on behalf of themselves and other
2 individuals similarly situated. An individual whose rights
3 have been violated under this Act may seek any and all remedies
4 provided in this Act, including reasonable attorney's fees for
5 the prevailing employee, whether those remedies are obtained
6 through a court order or a suit or claim is settled by private
7 agreement.
 
8     (820 ILCS 180/40)
9     Sec. 40. Notification. Every employer covered by this Act
10 shall post and keep posted, in conspicuous places on the
11 premises of the employer where notices to employees are
12 customarily posted, a notice, to be prepared or approved by the
13 Director of Labor, summarizing the requirements of this Act and
14 information pertaining to the filing of a charge or law suit.
15 The Director shall furnish copies of summaries and rules to
16 employers upon request without charge. Any employer that fails
17 to post the required notice may not rely on the provisions in
18 subsection (b) of Section 20 to claim that the employee failed
19 to inform the employer that she or he wanted or was eligible
20 for leave under this Act.
21 (Source: P.A. 93-591, eff. 8-25-03.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.".