Illinois General Assembly - Full Text of HB5516
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Full Text of HB5516  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Nicholas K Smith


775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for any employer, employment agency, labor organization, or public employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring or selection for training or apprenticeship on the basis of a prospective employee's status as unemployed.

LRB100 17842 LNS 33022 b





HB5516LRB100 17842 LNS 33022 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-102 as follows:
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil Rights Violations - Employment. It is a
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken
17by an employee in communications that are unrelated to the
18employee's duties.
19    For the purposes of this subdivision (A-5), "language"
20means a person's native tongue, such as Polish, Spanish, or
21Chinese. "Language" does not include such things as slang,
22jargon, profanity, or vulgarity.
23    (A-10) Prospective employees. For any employer, employment



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1agency, labor organization, or public employer to refuse to
2hire, to segregate, or to act with respect to recruitment,
3hiring, or selection for training or apprenticeship on the
4basis of a prospective employee's status of unemployed.
5    (B) Employment Agency. For any employment agency to fail or
6refuse to classify properly, accept applications and register
7for employment referral or apprenticeship referral, refer for
8employment, or refer for apprenticeship on the basis of
9unlawful discrimination or citizenship status or to accept from
10any person any job order, requisition or request for referral
11of applicants for employment or apprenticeship which makes or
12has the effect of making unlawful discrimination or
13discrimination on the basis of citizenship status a condition
14of referral.
15    (C) Labor Organization. For any labor organization to
16limit, segregate or classify its membership, or to limit
17employment opportunities, selection and training for
18apprenticeship in any trade or craft, or otherwise to take, or
19fail to take, any action which affects adversely any person's
20status as an employee or as an applicant for employment or as
21an apprentice, or as an applicant for apprenticeships, or
22wages, tenure, hours of employment or apprenticeship
23conditions on the basis of unlawful discrimination or
24citizenship status.
25    (D) Sexual Harassment. For any employer, employee, agent of
26any employer, employment agency or labor organization to engage



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1in sexual harassment; provided, that an employer shall be
2responsible for sexual harassment of the employer's employees
3by nonemployees or nonmanagerial and nonsupervisory employees
4only if the employer becomes aware of the conduct and fails to
5take reasonable corrective measures.
6    (E) Public Employers. For any public employer to refuse to
7permit a public employee under its jurisdiction who takes time
8off from work in order to practice his or her religious beliefs
9to engage in work, during hours other than such employee's
10regular working hours, consistent with the operational needs of
11the employer and in order to compensate for work time lost for
12such religious reasons. Any employee who elects such deferred
13work shall be compensated at the wage rate which he or she
14would have earned during the originally scheduled work period.
15The employer may require that an employee who plans to take
16time off from work in order to practice his or her religious
17beliefs provide the employer with a notice of his or her
18intention to be absent from work not exceeding 5 days prior to
19the date of absence.
20    (E-5) Religious discrimination. For any employer to impose
21upon a person as a condition of obtaining or retaining
22employment, including opportunities for promotion,
23advancement, or transfer, any terms or conditions that would
24require such person to violate or forgo a sincerely held
25practice of his or her religion including, but not limited to,
26the wearing of any attire, clothing, or facial hair in



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1accordance with the requirements of his or her religion,
2unless, after engaging in a bona fide effort, the employer
3demonstrates that it is unable to reasonably accommodate the
4employee's or prospective employee's sincerely held religious
5belief, practice, or observance without undue hardship on the
6conduct of the employer's business.
7    Nothing in this Section prohibits an employer from enacting
8a dress code or grooming policy that may include restrictions
9on attire, clothing, or facial hair to maintain workplace
10safety or food sanitation.
11    (F) Training and Apprenticeship Programs. For any
12employer, employment agency or labor organization to
13discriminate against a person on the basis of age in the
14selection, referral for or conduct of apprenticeship or
15training programs.
16    (G) Immigration-Related Practices.
17        (1) for an employer to request for purposes of
18    satisfying the requirements of Section 1324a(b) of Title 8
19    of the United States Code, as now or hereafter amended,
20    more or different documents than are required under such
21    Section or to refuse to honor documents tendered that on
22    their face reasonably appear to be genuine; or
23        (2) for an employer participating in the E-Verify
24    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
25    Programs for Employment Eligibility Confirmation (enacted
26    by PL 104-208, div. C title IV, subtitle A) to refuse to



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1    hire, to segregate, or to act with respect to recruitment,
2    hiring, promotion, renewal of employment, selection for
3    training or apprenticeship, discharge, discipline, tenure
4    or terms, privileges or conditions of employment without
5    following the procedures under the E-Verify Program.
6    (H) (Blank).
7    (I) Pregnancy. For an employer to refuse to hire, to
8segregate, or to act with respect to recruitment, hiring,
9promotion, renewal of employment, selection for training or
10apprenticeship, discharge, discipline, tenure or terms,
11privileges or conditions of employment on the basis of
12pregnancy, childbirth, or medical or common conditions related
13to pregnancy or childbirth. Women affected by pregnancy,
14childbirth, or medical or common conditions related to
15pregnancy or childbirth shall be treated the same for all
16employment-related purposes, including receipt of benefits
17under fringe benefit programs, as other persons not so affected
18but similar in their ability or inability to work, regardless
19of the source of the inability to work or employment
20classification or status.
21    (J) Pregnancy; reasonable accommodations.
22        (1) If after a job applicant or employee, including a
23    part-time, full-time, or probationary employee, requests a
24    reasonable accommodation, for an employer to not make
25    reasonable accommodations for any medical or common
26    condition of a job applicant or employee related to



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1    pregnancy or childbirth, unless the employer can
2    demonstrate that the accommodation would impose an undue
3    hardship on the ordinary operation of the business of the
4    employer. The employer may request documentation from the
5    employee's health care provider concerning the need for the
6    requested reasonable accommodation or accommodations to
7    the same extent documentation is requested for conditions
8    related to disability if the employer's request for
9    documentation is job-related and consistent with business
10    necessity. The employer may require only the medical
11    justification for the requested accommodation or
12    accommodations, a description of the reasonable
13    accommodation or accommodations medically advisable, the
14    date the reasonable accommodation or accommodations became
15    medically advisable, and the probable duration of the
16    reasonable accommodation or accommodations. It is the duty
17    of the individual seeking a reasonable accommodation or
18    accommodations to submit to the employer any documentation
19    that is requested in accordance with this paragraph.
20    Notwithstanding the provisions of this paragraph, the
21    employer may require documentation by the employee's
22    health care provider to determine compliance with other
23    laws. The employee and employer shall engage in a timely,
24    good faith, and meaningful exchange to determine effective
25    reasonable accommodations.
26        (2) For an employer to deny employment opportunities or



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



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



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



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1other classes of employees who need accommodation. The employer
2is not required to discharge any employee, transfer any
3employee with more seniority, or promote any employee who is
4not qualified to perform the job, unless the employer does so
5or would do so to accommodate other classes of employees who
6need it.
7    (K) Notice.
8        (1) For an employer to fail to post or keep posted in a
9    conspicuous location on the premises of the employer where
10    notices to employees are customarily posted, or fail to
11    include in any employee handbook information concerning an
12    employee's rights under this Article, a notice, to be
13    prepared or approved by the Department, summarizing the
14    requirements of this Article and information pertaining to
15    the filing of a charge, including the right to be free from
16    unlawful discrimination and the right to certain
17    reasonable accommodations. The Department shall make the
18    documents required under this paragraph available for
19    retrieval from the Department's website.
20        (2) Upon notification of a violation of paragraph (1)
21    of this subdivision (K), the Department may launch a
22    preliminary investigation. If the Department finds a
23    violation, the Department may issue a notice to show cause
24    giving the employer 30 days to correct the violation. If
25    the violation is not corrected, the Department may initiate
26    a charge of a civil rights violation.



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1(Source: P.A. 100-100, eff. 8-11-17.)