Illinois General Assembly - Full Text of SB0576
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Full Text of SB0576  100th General Assembly


Sen. Melinda Bush

Filed: 2/21/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 576 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-101 as follows:
6    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of this
16    Act, "employee" also includes an unpaid intern. An unpaid



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1    intern is a person who performs work for an employer under
2    the following circumstances:
3            (i) the employer is not committed to hiring the
4        person performing the work at the conclusion of the
5        intern's tenure;
6            (ii) the employer and the person performing the
7        work agree that the person is not entitled to wages for
8        the work performed; and
9            (iii) the work performed:
10                (I) supplements training given in an
11            educational environment that may enhance the
12            employability of the intern;
13                (II) provides experience for the benefit of
14            the person performing the work;
15                (III) does not displace regular employees;
16                (IV) is performed under the close supervision
17            of existing staff; and
18                (V) provides no immediate advantage to the
19            employer providing the training and may
20            occasionally impede the operations of the
21            employer.
22        (2) "Employee" does not include:
23            (a) (Blank);
24            (b) Individuals employed by persons who are not
25        "employers" as defined by this Act;
26            (c) Elected public officials or the members of



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1        their immediate personal staffs;
2            (d) Principal administrative officers of the State
3        or of any political subdivision, municipal corporation
4        or other governmental unit or agency;
5            (e) A person in a vocational rehabilitation
6        facility certified under federal law who has been
7        designated an evaluee, trainee, or work activity
8        client.
9    (B) Employer.
10        (1) "Employer" includes:
11            (a) Any person employing 15 or more employees
12        within Illinois during 20 or more calendar weeks within
13        the calendar year of or preceding the alleged
14        violation;
15            (b) Any person employing one or more employees when
16        a complainant alleges civil rights violation due to
17        unlawful discrimination based upon his or her physical
18        or mental disability unrelated to ability, pregnancy,
19        or sexual harassment;
20            (c) The State and any political subdivision,
21        municipal corporation or other governmental unit or
22        agency, without regard to the number of employees;
23            (d) Any party to a public contract without regard
24        to the number of employees;
25            (e) A joint apprenticeship or training committee
26        without regard to the number of employees.



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1        (2) "Employer" does not include any religious
2    corporation, association, educational institution,
3    society, or non-profit nursing institution conducted by
4    and for those who rely upon treatment by prayer through
5    spiritual means in accordance with the tenets of a
6    recognized church or religious denomination with respect
7    to the employment of individuals of a particular religion
8    to perform work connected with the carrying on by such
9    corporation, association, educational institution, society
10    or non-profit nursing institution of its activities.
11    (C) Employment Agency. "Employment Agency" includes both
12public and private employment agencies and any person, labor
13organization, or labor union having a hiring hall or hiring
14office regularly undertaking, with or without compensation, to
15procure opportunities to work, or to procure, recruit, refer or
16place employees.
17    (D) Labor Organization. "Labor Organization" includes any
18organization, labor union, craft union, or any voluntary
19unincorporated association designed to further the cause of the
20rights of union labor which is constituted for the purpose, in
21whole or in part, of collective bargaining or of dealing with
22employers concerning grievances, terms or conditions of
23employment, or apprenticeships or applications for
24apprenticeships, or of other mutual aid or protection in
25connection with employment, including apprenticeships or
26applications for apprenticeships.



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1    (E) Sexual Harassment. "Sexual harassment" means any
2unwelcome sexual advances or requests for sexual favors or any
3conduct of a sexual nature when (1) submission to such conduct
4is made either explicitly or implicitly a term or condition of
5an individual's employment, (2) submission to or rejection of
6such conduct by an individual is used as the basis for
7employment decisions affecting such individual, or (3) such
8conduct has the purpose or effect of substantially interfering
9with an individual's work performance or creating an
10intimidating, hostile or offensive working environment.
11    (F) Religion. "Religion" with respect to employers
12includes all aspects of religious observance and practice, as
13well as belief, unless an employer demonstrates that he is
14unable to reasonably accommodate an employee's or prospective
15employee's religious observance or practice without undue
16hardship on the conduct of the employer's business.
17    (G) Public Employer. "Public employer" means the State, an
18agency or department thereof, unit of local government, school
19district, instrumentality or political subdivision.
20    (H) Public Employee. "Public employee" means an employee of
21the State, agency or department thereof, unit of local
22government, school district, instrumentality or political
23subdivision. "Public employee" does not include public
24officers or employees of the General Assembly or agencies
26    (I) Public Officer. "Public officer" means a person who is



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1elected to office pursuant to the Constitution or a statute or
2ordinance, or who is appointed to an office which is
3established, and the qualifications and duties of which are
4prescribed, by the Constitution or a statute or ordinance, to
5discharge a public duty for the State, agency or department
6thereof, unit of local government, school district,
7instrumentality or political subdivision.
8    (J) Eligible Bidder. "Eligible bidder" means a person who,
9prior to contract award or prior to bid opening for State
10contracts for construction or construction-related services,
11has filed with the Department a properly completed, sworn and
12currently valid employer report form, pursuant to the
13Department's regulations. The provisions of this Article
14relating to eligible bidders apply only to bids on contracts
15with the State and its departments, agencies, boards, and
16commissions, and the provisions do not apply to bids on
17contracts with units of local government or school districts.
18    (K) Citizenship Status. "Citizenship status" means the
19status of being:
20        (1) a born U.S. citizen;
21        (2) a naturalized U.S. citizen;
22        (3) a U.S. national; or
23        (4) a person born outside the United States and not a
24    U.S. citizen who is not an unauthorized alien and who is
25    protected from discrimination under the provisions of
26    Section 1324b of Title 8 of the United States Code, as now



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1    or hereafter amended.
2(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
3eff. 8-9-17.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".