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Full Text of SB1829  101st General Assembly

SB1829sam001 101ST GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/9/2019

 

 


 

 


 
10100SB1829sam001LRB101 10761 LNS 59519 a

1
AMENDMENT TO SENATE BILL 1829

2    AMENDMENT NO. ______. Amend Senate Bill 1829 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Workplace Transparency Act. References in this Article to "this
7Act" mean this Article.
 
8    Section 1-5. Definitions. As used in this Act:
9    "Arbitration agreement" means an agreement between an
10employer and an employee to submit to arbitration all or
11certain disputes that arise in respect of a defined legal
12relationship, whether contractual or not, and may be in the
13form of an arbitration clause in a contract or in the form of a
14separate agreement.
15    "Employee" has the same meaning as set forth in Section

 

 

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12-101 of the Illinois Human Rights Act.
2    "Employer" has the same meaning as set forth in Section
32-101 of the Illinois Human Rights Act.
4    "Nondisclosure clause" means a provision in a contract or
5agreement between an employer and employee establishing that
6the parties to the contract or agreement agree not to disclose
7information covered by the terms and conditions of the contract
8or agreement.
9    "Nondisparagement clause" means a provision in a contract
10or agreement between an employer and employee requiring one or
11more parties to the contract or agreement not to make negative
12statements about the other.
13    "Sexual harassment" has the same meaning as set forth in
14Section 2-101 of the Illinois Human Rights Act.
 
15    Section 1-10. Prohibitions.
16    (a) An employer may not enter into a contract or agreement
17with an employee or applicant, as a condition of employment,
18promotion, compensation, benefits, or change in employment
19status or contractual relationship, or as a term, condition, or
20privilege of employment, if that contract or agreement contains
21a nondisclosure or nondisparagement clause that covers
22harassment or discrimination as provided under Section 2-102 of
23the Illinois Human Rights Act. Any such nondisclosure or
24nondisparagement clause is severable, and all other provisions
25of the employment contract shall remain in effect.

 

 

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1    (b) Notwithstanding any other provision of law, an employer
2may not enforce or attempt to enforce a nondisparagement clause
3or nondisclosure clause described in subsection (a) or
4retaliate against an employee or applicant for reporting,
5resisting, opposing, or assisting in the investigation of
6harassment or discrimination as provided in Section 2-102 of
7the Illinois Human Rights Act.
8    (c) Except when inconsistent with federal or State law, an
9employer may enter into a contract or agreement with an
10employee or applicant. However, an arbitration clause shall
11contain a written exception for claims of harassment or
12discrimination, as provided under Section 2-102 of the Illinois
13Human Rights Act, and shall allow an employee or applicant to
14pursue such claims against the employer through either arbitral
15or judicial forums.
16    (d) An employer may not enforce or attempt to enforce an
17arbitration clause entered into if the clause does not contain
18the written exception required in subsection (c). Any such
19arbitration clause is severable, and all other provisions of
20the contract or agreement shall remain in effect.
 
21    Section 1-15. Voidable agreements. A contract or agreement
22containing a provision contrary to this Act that was entered
23into on or before the effective date of this Act shall be
24voidable by a party who entered into it under any of the
25following circumstances:

 

 

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1    (1) while under duress in the execution of the contract or
2agreement;
3    (2) while incompetent or impaired at the time of execution
4of the contract or agreement; or
5    (3) while a minor at the time of execution of the contract
6or agreement, regardless of whether the person was represented
7at the time by counsel, a guardian, or a parent.
 
8    Section 1-20. Unconscionable terms. There is a rebuttable
9presumption that the following contractual terms are
10unconscionable if they are included in an arbitration agreement
11and the employee or applicant does not draft the contract or
12agreement:
13    (1) A requirement that resolution of legal claims take
14place in an inconvenient venue. As used in this paragraph,
15"inconvenient venue" means: (i) for State law claims, a place
16other than the county in which the employee or applicant
17resides or the contract was consummated; and (ii) for federal
18law claims, a place other than the federal judicial district in
19which the employee or applicant resides or the contract was
20consummated.
21    (2) A waiver of the employee or applicant's right to assert
22claims or seek remedies provided by State or federal statute.
23    (3) A waiver of the employee or applicant's right to seek
24punitive damages as provided by law.
25    (4) A provision limiting the time that an employee or

 

 

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1applicant may bring an action to a period shorter than the
2applicable statute of limitations.
3    (5) A requirement that the employee or applicant pay fees
4and costs to bring a legal claim substantially in excess of the
5fees and costs that State or federal courts require to bring a
6claim.
 
7    Section 1-25. Settlement or separation agreements.
8    (a) This Act does not apply to a nondisclosure clause or
9nondisparagement clause contained in a settlement agreement or
10separation agreement that resolves legal claims or disputes if:
11        (1) the legal claims accrued or the disputes arose
12    before the settlement agreement or separation agreement
13    was executed;
14        (2) the clauses are mutually agreed upon and mutually
15    benefit both the employer and the employee;
16        (3) the settlement or separation agreement is provided
17    to all parties, unless knowingly and voluntarily waived by
18    the employee or applicant, and the employee or applicant
19    has 21 calendar days to consider the agreement before it is
20    executed; and
21        (4) unless knowingly and voluntarily waived by the
22    employee or applicant, the employee or applicant has 7
23    calendar days following execution of the agreement to
24    revoke the agreement and the agreement is not effective or
25    enforceable until the revocation period has expired.

 

 

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1    (b) An employer may not unilaterally include a
2nondisclosure clause or nondisparagement clause that solely
3benefits the employer in a separation or settlement agreement.
4    (c) Notwithstanding signing, before or after the effective
5date of this Act, a settlement or separation agreement
6containing a nondisclosure or nondisparagement clause, an
7employee or applicant retains any right that person would
8otherwise have had to report a concern about workplace
9harassment or discrimination, including sexual harassment or
10another violation of the law, to the Department of Human Rights
11or any other federal, State, or local agency, and any right
12that person would otherwise have had to bring an action in a
13court of this State or of the United States.
 
14    Section 1-30. Enforcement. A violation of this Act
15constitutes a civil rights violation under the Illinois Human
16Rights Act.
 
17    Section 1-35. Application. If there is a conflict between
18any collective bargaining agreement and this Act, the
19collective bargaining agreement controls.
 
20    Section 1-40. Limitations. This Act shall not be construed
21to limit an employer's ability to require confidentiality of:
22    (1) An employee who receives complaints of workplace
23harassment, including sexual harassment, or other employment

 

 

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1discrimination as a part of his or her assigned job duties; or
2    (2) An individual who is notified and requested to
3participate in an open and ongoing investigation into alleged
4workplace harassment, including sexual harassment, or other
5employment discrimination and requested to maintain reasonable
6confidentiality during the pendency of that investigation.
 
7    Section 1-45. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.
 
9
Article 2.

 
10    Section 2-5. The Freedom of Information Act is amended by
11changing Section 7.5 as follows:
 
12    (5 ILCS 140/7.5)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be exempt
15from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other records
3    prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the Capital
22    Crimes Litigation Act. This subsection (n) shall apply
23    until the conclusion of the trial of the case, even if the
24    prosecution chooses not to pursue the death penalty prior
25    to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Regional Transportation Authority under Section 2.11 of
7    the Regional Transportation Authority Act or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act.
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Records Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) All identified or deidentified health information
17    in the form of health data or medical records contained in,
18    stored in, submitted to, transferred by, or released from
19    the Illinois Health Information Exchange, and identified
20    or deidentified health information in the form of health
21    data and medical records of the Illinois Health Information
22    Exchange in the possession of the Illinois Health
23    Information Exchange Authority due to its administration
24    of the Illinois Health Information Exchange. The terms
25    "identified" and "deidentified" shall be given the same
26    meaning as in the Health Insurance Portability and

 

 

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1    Accountability Act of 1996, Public Law 104-191, or any
2    subsequent amendments thereto, and any regulations
3    promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed Carry
14    Licensing Review Board under the Firearm Concealed Carry
15    Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of an
3    eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

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1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day and
7    temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) (ll) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) (ll) Information that is exempt from disclosure
18    under Section 70 of the Higher Education Student Assistance
19    Act.
20        (oo) Data reported by an employer to the Department of
21    Human Rights pursuant to Section 2-108 of the Illinois
22    Human Rights Act.
23(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
24eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
26100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

 

 

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18-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
2eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
3100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
410-12-18.)
 
5    Section 2-10. The Uniform Arbitration Act is amended by
6changing Section 1 as follows:
 
7    (710 ILCS 5/1)  (from Ch. 10, par. 101)
8    Sec. 1. Validity of arbitration agreement. A written
9agreement to submit any existing controversy to arbitration or
10a provision in a written contract to submit to arbitration any
11controversy thereafter arising between the parties is valid,
12enforceable and irrevocable save upon such grounds as exist for
13the revocation of any contract, except: (1) as provided in the
14Workplace Transparency Act; and (2) that any agreement between
15a patient and a hospital or health care provider to submit to
16binding arbitration a claim for damages arising out of (i) (1)
17injuries alleged to have been received by a patient, or (ii)
18(2) death of a patient, due to hospital or health care provider
19negligence or other wrongful act, but not including intentional
20torts, is also subject to the Health Care Arbitration Act.
21(Source: P.A. 80-1012; 80-1031.)
 
22    Section 2-15. The Illinois Human Rights Act is amended by
23changing Sections 1-103, 2-101, 2-102, and 6-102 and by adding

 

 

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1Sections 2-108, 7-114, and 8-109.1 as follows:
 
2    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
3    Sec. 1-103. General definitions. When used in this Act,
4unless the context requires otherwise, the term:
5    (A) Age. "Age" means the chronological age of a person who
6is at least 40 years old, except with regard to any practice
7described in Section 2-102, insofar as that practice concerns
8training or apprenticeship programs. In the case of training or
9apprenticeship programs, for the purposes of Section 2-102,
10"age" means the chronological age of a person who is 18 but not
11yet 40 years old.
12    (B) Aggrieved party. "Aggrieved party" means a person who
13is alleged or proved to have been injured by a civil rights
14violation or believes he or she will be injured by a civil
15rights violation under Article 3 that is about to occur.
16    (C) Charge. "Charge" means an allegation filed with the
17Department by an aggrieved party or initiated by the Department
18under its authority.
19    (D) Civil rights violation. "Civil rights violation"
20includes and shall be limited to only those specific acts set
21forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
223-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
236-101, and 6-102 of this Act.
24    (E) Commission. "Commission" means the Human Rights
25Commission created by this Act.

 

 

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1    (F) Complaint. "Complaint" means the formal pleading filed
2by the Department with the Commission following an
3investigation and finding of substantial evidence of a civil
4rights violation.
5    (G) Complainant. "Complainant" means a person including
6the Department who files a charge of civil rights violation
7with the Department or the Commission.
8    (H) Department. "Department" means the Department of Human
9Rights created by this Act.
10    (I) Disability. "Disability" means a determinable physical
11or mental characteristic of a person, including, but not
12limited to, a determinable physical characteristic which
13necessitates the person's use of a guide, hearing or support
14dog, the history of such characteristic, or the perception of
15such characteristic by the person complained against, which may
16result from disease, injury, congenital condition of birth or
17functional disorder and which characteristic:
18        (1) For purposes of Article 2, is unrelated to the
19    person's ability to perform the duties of a particular job
20    or position and, pursuant to Section 2-104 of this Act, a
21    person's illegal use of drugs or alcohol is not a
22    disability;
23        (2) For purposes of Article 3, is unrelated to the
24    person's ability to acquire, rent, or maintain a housing
25    accommodation;
26        (3) For purposes of Article 4, is unrelated to a

 

 

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1    person's ability to repay;
2        (4) For purposes of Article 5, is unrelated to a
3    person's ability to utilize and benefit from a place of
4    public accommodation;
5        (5) For purposes of Article 5, also includes any
6    mental, psychological, or developmental disability,
7    including autism spectrum disorders.
8    (J) Marital status. "Marital status" means the legal status
9of being married, single, separated, divorced, or widowed.
10    (J-1) Military status. "Military status" means a person's
11status on active duty in or status as a veteran of the armed
12forces of the United States, status as a current member or
13veteran of any reserve component of the armed forces of the
14United States, including the United States Army Reserve, United
15States Marine Corps Reserve, United States Navy Reserve, United
16States Air Force Reserve, and United States Coast Guard
17Reserve, or status as a current member or veteran of the
18Illinois Army National Guard or Illinois Air National Guard.
19    (K) National origin. "National origin" means the place in
20which a person or one of his or her ancestors was born.
21    (K-5) "Order of protection status" means a person's status
22as being a person protected under an order of protection issued
23pursuant to the Illinois Domestic Violence Act of 1986, Article
24112A of the Code of Criminal Procedure of 1963, the Stalking No
25Contact Order Act, or the Civil No Contact Order Act, or an
26order of protection issued by a court of another state.

 

 

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1    (L) Person. "Person" includes one or more individuals,
2partnerships, associations or organizations, labor
3organizations, labor unions, joint apprenticeship committees,
4or union labor associations, corporations, the State of
5Illinois and its instrumentalities, political subdivisions,
6units of local government, legal representatives, trustees in
7bankruptcy or receivers.
8    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
9or medical or common conditions related to pregnancy or
10childbirth.
11    (M) Public contract. "Public contract" includes every
12contract to which the State, any of its political subdivisions,
13or any municipal corporation is a party.
14    (N) Religion. "Religion" includes all aspects of religious
15observance and practice, as well as belief, except that with
16respect to employers, for the purposes of Article 2, "religion"
17has the meaning ascribed to it in paragraph (F) of Section
182-101.
19    (O) Sex. "Sex" means the status of being male or female.
20    (O-1) Sexual orientation. "Sexual orientation" means
21actual or perceived heterosexuality, homosexuality,
22bisexuality, or gender-related identity, whether or not
23traditionally associated with the person's designated sex at
24birth. "Sexual orientation" does not include a physical or
25sexual attraction to a minor by an adult.
26    (P) Unfavorable military discharge. "Unfavorable military

 

 

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1discharge" includes discharges from the Armed Forces of the
2United States, their Reserve components, or any National Guard
3or Naval Militia which are classified as RE-3 or the equivalent
4thereof, but does not include those characterized as RE-4 or
5"Dishonorable".
6    (Q) Unlawful discrimination. "Unlawful discrimination"
7means discrimination against a person because of his or her
8actual or perceived: race, color, religion, national origin,
9ancestry, age, sex, marital status, order of protection status,
10disability, military status, sexual orientation, pregnancy, or
11unfavorable discharge from military service as those terms are
12defined in this Section.
13(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
 
14    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
15    Sec. 2-101. Definitions. The following definitions are
16applicable strictly in the context of this Article.
17    (A) Employee.
18        (1) "Employee" includes:
19            (a) Any individual performing services for
20        remuneration within this State for an employer;
21            (b) An apprentice;
22            (c) An applicant for any apprenticeship.
23        For purposes of subsection (D) of Section 2-102 of this
24    Act, "employee" also includes an unpaid intern. An unpaid
25    intern is a person who performs work for an employer under

 

 

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

 

 

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1            (d) Principal administrative officers of the State
2        or of any political subdivision, municipal corporation
3        or other governmental unit or agency;
4            (e) A person in a vocational rehabilitation
5        facility certified under federal law who has been
6        designated an evaluee, trainee, or work activity
7        client.
8    (B) Employer.
9        (1) "Employer" includes:
10            (a) Any person employing 15 or more employees
11        within Illinois during 20 or more calendar weeks within
12        the calendar year of or preceding the alleged
13        violation;
14            (b) Any person employing one or more employees when
15        a complainant alleges civil rights violation due to
16        unlawful discrimination based upon his or her physical
17        or mental disability unrelated to ability, pregnancy,
18        or sexual harassment;
19            (c) The State and any political subdivision,
20        municipal corporation or other governmental unit or
21        agency, without regard to the number of employees;
22            (d) Any party to a public contract without regard
23        to the number of employees;
24            (e) A joint apprenticeship or training committee
25        without regard to the number of employees.
26        (2) "Employer" does not include any religious

 

 

10100SB1829sam001- 22 -LRB101 10761 LNS 59519 a

1    corporation, association, educational institution,
2    society, or non-profit nursing institution conducted by
3    and for those who rely upon treatment by prayer through
4    spiritual means in accordance with the tenets of a
5    recognized church or religious denomination with respect
6    to the employment of individuals of a particular religion
7    to perform work connected with the carrying on by such
8    corporation, association, educational institution, society
9    or non-profit nursing institution of its activities.
10    (C) Employment Agency. "Employment Agency" includes both
11public and private employment agencies and any person, labor
12organization, or labor union having a hiring hall or hiring
13office regularly undertaking, with or without compensation, to
14procure opportunities to work, or to procure, recruit, refer or
15place employees.
16    (D) Labor Organization. "Labor Organization" includes any
17organization, labor union, craft union, or any voluntary
18unincorporated association designed to further the cause of the
19rights of union labor which is constituted for the purpose, in
20whole or in part, of collective bargaining or of dealing with
21employers concerning grievances, terms or conditions of
22employment, or apprenticeships or applications for
23apprenticeships, or of other mutual aid or protection in
24connection with employment, including apprenticeships or
25applications for apprenticeships.
26    (E) Sexual Harassment. "Sexual harassment" means any

 

 

10100SB1829sam001- 23 -LRB101 10761 LNS 59519 a

1unwelcome sexual advances or requests for sexual favors or any
2conduct of a sexual nature when (1) submission to such conduct
3is made either explicitly or implicitly a term or condition of
4an individual's employment, (2) submission to or rejection of
5such conduct by an individual is used as the basis for
6employment decisions affecting such individual, or (3) such
7conduct has the purpose or effect of substantially interfering
8with an individual's work performance or creating an
9intimidating, hostile or offensive working environment.
10    For purposes of this definition, the phrase "working
11environment" is not limited to a physical location an employee
12is assigned to perform his or her duties.
13    (F) Religion. "Religion" with respect to employers
14includes all aspects of religious observance and practice, as
15well as belief, unless an employer demonstrates that he is
16unable to reasonably accommodate an employee's or prospective
17employee's religious observance or practice without undue
18hardship on the conduct of the employer's business.
19    (G) Public Employer. "Public employer" means the State, an
20agency or department thereof, unit of local government, school
21district, instrumentality or political subdivision.
22    (H) Public Employee. "Public employee" means an employee of
23the State, agency or department thereof, unit of local
24government, school district, instrumentality or political
25subdivision. "Public employee" does not include public
26officers or employees of the General Assembly or agencies

 

 

10100SB1829sam001- 24 -LRB101 10761 LNS 59519 a

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

 

 

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1    protected from discrimination under the provisions of
2    Section 1324b of Title 8 of the United States Code, as now
3    or hereafter amended.
4(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
5eff. 8-9-17.)
 
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
10    segregate, to engage in harassment, or to act with respect
11    to recruitment, hiring, promotion, renewal of employment,
12    selection for training or apprenticeship, discharge,
13    discipline, tenure or terms, privileges or conditions of
14    employment on the basis of unlawful discrimination or
15    citizenship status. However, an employer is responsible
16    for harassment by the employer's nonmanagerial and
17    nonsupervisory employees only if the employer becomes
18    aware of the conduct and fails to take corrective measures.
19    For the purpose of this subdivision (A), the phrase "to
20    engage in harassment" includes verbal or physical conduct
21    and any other conduct that has the purpose or effect of
22    substantially interfering with an individual's work
23    performance or creating an intimidating, hostile or
24    offensive working environment on the basis of unlawful
25    discrimination or citizenship status.

 

 

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1        (A-5) Language. For an employer to impose a restriction
2    that has the effect of prohibiting a language from being
3    spoken by an employee in communications that are unrelated
4    to the employee's duties.
5        For the purposes of this subdivision (A-5), "language"
6    means a person's native tongue, such as Polish, Spanish, or
7    Chinese. "Language" does not include such things as slang,
8    jargon, profanity, or vulgarity.
9        (A-10) Harassment of nonemployees. For any employer,
10    employment agency, or labor organization to engage in
11    harassment of nonemployees in the workplace, including
12    verbal or physical conduct or any other conduct that has
13    the purpose or effect of substantially interfering with an
14    individual's work performance or creating an intimidating,
15    hostile, or offensive working environment on the basis of
16    unlawful discrimination or citizenship status. However, an
17    employer is responsible for harassment of nonemployees by
18    the employer's nonmanagerial and nonsupervisory employees
19    only if the employer becomes aware of the conduct and fails
20    to take reasonable corrective measures. For purposes of
21    this subdivision (A-10), "nonemployees" include
22    contractors, subcontractors, vendors, consultants, or
23    other persons performing work pursuant to a contract.
24        (B) Employment agency. For any employment agency to
25    fail or refuse to classify properly, accept applications
26    and register for employment referral or apprenticeship

 

 

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1    referral, refer for employment, or refer for
2    apprenticeship on the basis of unlawful discrimination or
3    citizenship status or to accept from any person any job
4    order, requisition or request for referral of applicants
5    for employment or apprenticeship which makes or has the
6    effect of making unlawful discrimination or discrimination
7    on the basis of citizenship status a condition of referral.
8        (C) Labor organization. For any labor organization to
9    limit, segregate or classify its membership, or to limit
10    employment opportunities, selection and training for
11    apprenticeship in any trade or craft, or otherwise to take,
12    or fail to take, any action which affects adversely any
13    person's status as an employee or as an applicant for
14    employment or as an apprentice, or as an applicant for
15    apprenticeships, or wages, tenure, hours of employment or
16    apprenticeship conditions on the basis of unlawful
17    discrimination or citizenship status.
18        (D) Sexual harassment. For any employer, employee,
19    agent of any employer, employment agency or labor
20    organization to engage in sexual harassment; provided,
21    that an employer shall be responsible for sexual harassment
22    of the employer's employees by nonemployees or
23    nonmanagerial and nonsupervisory employees only if the
24    employer becomes aware of the conduct and fails to take
25    reasonable corrective measures.
26        (D-5) Sexual harassment of nonemployees. For any

 

 

10100SB1829sam001- 28 -LRB101 10761 LNS 59519 a

1    employer, employee, agent of any employer, employment
2    agency, or labor organization to engage in sexual
3    harassment of nonemployees in the workplace. However, an
4    employer is responsible for sexual harassment of
5    nonemployees by the employer's nonmanagerial and
6    nonsupervisory employees only if the employer becomes
7    aware of the conduct and fails to take reasonable
8    corrective measures. For purposes of this subdivision
9    (D-5), "nonemployees" include contractors, subcontractors,
10    vendors, consultants, or other persons performing work
11    pursuant to a contract.
12        (E) Public employers. For any public employer to refuse
13    to permit a public employee under its jurisdiction who
14    takes time off from work in order to practice his or her
15    religious beliefs to engage in work, during hours other
16    than such employee's regular working hours, consistent
17    with the operational needs of the employer and in order to
18    compensate for work time lost for such religious reasons.
19    Any employee who elects such deferred work shall be
20    compensated at the wage rate which he or she would have
21    earned during the originally scheduled work period. The
22    employer may require that an employee who plans to take
23    time off from work in order to practice his or her
24    religious beliefs provide the employer with a notice of his
25    or her intention to be absent from work not exceeding 5
26    days prior to the date of absence.

 

 

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1        (E-5) Religious discrimination. For any employer to
2    impose upon a person as a condition of obtaining or
3    retaining employment, including opportunities for
4    promotion, advancement, or transfer, any terms or
5    conditions that would require such person to violate or
6    forgo a sincerely held practice of his or her religion
7    including, but not limited to, the wearing of any attire,
8    clothing, or facial hair in accordance with the
9    requirements of his or her religion, unless, after engaging
10    in a bona fide effort, the employer demonstrates that it is
11    unable to reasonably accommodate the employee's or
12    prospective employee's sincerely held religious belief,
13    practice, or observance without undue hardship on the
14    conduct of the employer's business.
15        Nothing in this Section prohibits an employer from
16    enacting a dress code or grooming policy that may include
17    restrictions on attire, clothing, or facial hair to
18    maintain workplace safety or food sanitation.
19        (F) Training and apprenticeship programs. For any
20    employer, employment agency or labor organization to
21    discriminate against a person on the basis of age in the
22    selection, referral for or conduct of apprenticeship or
23    training programs.
24        (G) Immigration-related practices.
25            (1) for an employer to request for purposes of
26        satisfying the requirements of Section 1324a(b) of

 

 

10100SB1829sam001- 30 -LRB101 10761 LNS 59519 a

1        Title 8 of the United States Code, as now or hereafter
2        amended, more or different documents than are required
3        under such Section or to refuse to honor documents
4        tendered that on their face reasonably appear to be
5        genuine; or
6            (2) for an employer participating in the E-Verify
7        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
8        Programs for Employment Eligibility Confirmation
9        (enacted by PL 104-208, div. C title IV, subtitle A) to
10        refuse to hire, to segregate, or to act with respect to
11        recruitment, hiring, promotion, renewal of employment,
12        selection for training or apprenticeship, discharge,
13        discipline, tenure or terms, privileges or conditions
14        of employment without following the procedures under
15        the E-Verify Program.
16        (H) (Blank).
17        (I) Pregnancy. For an employer to refuse to hire, to
18    segregate, or to act with respect to recruitment, hiring,
19    promotion, renewal of employment, selection for training
20    or apprenticeship, discharge, discipline, tenure or terms,
21    privileges or conditions of employment on the basis of
22    pregnancy, childbirth, or medical or common conditions
23    related to pregnancy or childbirth. Women affected by
24    pregnancy, childbirth, or medical or common conditions
25    related to pregnancy or childbirth shall be treated the
26    same for all employment-related purposes, including

 

 

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1    receipt of benefits under fringe benefit programs, as other
2    persons not so affected but similar in their ability or
3    inability to work, regardless of the source of the
4    inability to work or employment classification or status.
5        (J) Pregnancy; reasonable accommodations.
6            (1) If after a job applicant or employee, including
7        a part-time, full-time, or probationary employee,
8        requests a reasonable accommodation, for an employer
9        to not make reasonable accommodations for any medical
10        or common condition of a job applicant or employee
11        related to pregnancy or childbirth, unless the
12        employer can demonstrate that the accommodation would
13        impose an undue hardship on the ordinary operation of
14        the business of the employer. The employer may request
15        documentation from the employee's health care provider
16        concerning the need for the requested reasonable
17        accommodation or accommodations to the same extent
18        documentation is requested for conditions related to
19        disability if the employer's request for documentation
20        is job-related and consistent with business necessity.
21        The employer may require only the medical
22        justification for the requested accommodation or
23        accommodations, a description of the reasonable
24        accommodation or accommodations medically advisable,
25        the date the reasonable accommodation or
26        accommodations became medically advisable, and the

 

 

10100SB1829sam001- 32 -LRB101 10761 LNS 59519 a

1        probable duration of the reasonable accommodation or
2        accommodations. It is the duty of the individual
3        seeking a reasonable accommodation or accommodations
4        to submit to the employer any documentation that is
5        requested in accordance with this paragraph.
6        Notwithstanding the provisions of this paragraph, the
7        employer may require documentation by the employee's
8        health care provider to determine compliance with
9        other laws. The employee and employer shall engage in a
10        timely, good faith, and meaningful exchange to
11        determine effective reasonable accommodations.
12            (2) For an employer to deny employment
13        opportunities or benefits to or take adverse action
14        against an otherwise qualified job applicant or
15        employee, including a part-time, full-time, or
16        probationary employee, if the denial or adverse action
17        is based on the need of the employer to make reasonable
18        accommodations to the known medical or common
19        conditions related to the pregnancy or childbirth of
20        the applicant or employee.
21            (3) For an employer to require a job applicant or
22        employee, including a part-time, full-time, or
23        probationary employee, affected by pregnancy,
24        childbirth, or medical or common conditions related to
25        pregnancy or childbirth to accept an accommodation
26        when the applicant or employee did not request an

 

 

10100SB1829sam001- 33 -LRB101 10761 LNS 59519 a

1        accommodation and the applicant or employee chooses
2        not to accept the employer's accommodation.
3            (4) For an employer to require an employee,
4        including a part-time, full-time, or probationary
5        employee, to take leave under any leave law or policy
6        of the employer if another reasonable accommodation
7        can be provided to the known medical or common
8        conditions related to the pregnancy or childbirth of an
9        employee. No employer shall fail or refuse to reinstate
10        the employee affected by pregnancy, childbirth, or
11        medical or common conditions related to pregnancy or
12        childbirth to her original job or to an equivalent
13        position with equivalent pay and accumulated
14        seniority, retirement, fringe benefits, and other
15        applicable service credits upon her signifying her
16        intent to return or when her need for reasonable
17        accommodation ceases, unless the employer can
18        demonstrate that the accommodation would impose an
19        undue hardship on the ordinary operation of the
20        business of the employer.
21        For the purposes of this subdivision (J), "reasonable
22    accommodations" means reasonable modifications or
23    adjustments to the job application process or work
24    environment, or to the manner or circumstances under which
25    the position desired or held is customarily performed, that
26    enable an applicant or employee affected by pregnancy,

 

 

10100SB1829sam001- 34 -LRB101 10761 LNS 59519 a

1    childbirth, or medical or common conditions related to
2    pregnancy or childbirth to be considered for the position
3    the applicant desires or to perform the essential functions
4    of that position, and may include, but is not limited to:
5    more frequent or longer bathroom breaks, breaks for
6    increased water intake, and breaks for periodic rest;
7    private non-bathroom space for expressing breast milk and
8    breastfeeding; seating; assistance with manual labor;
9    light duty; temporary transfer to a less strenuous or
10    hazardous position; the provision of an accessible
11    worksite; acquisition or modification of equipment; job
12    restructuring; a part-time or modified work schedule;
13    appropriate adjustment or modifications of examinations,
14    training materials, or policies; reassignment to a vacant
15    position; time off to recover from conditions related to
16    childbirth; and leave necessitated by pregnancy,
17    childbirth, or medical or common conditions resulting from
18    pregnancy or childbirth.
19        For the purposes of this subdivision (J), "undue
20    hardship" means an action that is prohibitively expensive
21    or disruptive when considered in light of the following
22    factors: (i) the nature and cost of the accommodation
23    needed; (ii) the overall financial resources of the
24    facility or facilities involved in the provision of the
25    reasonable accommodation, the number of persons employed
26    at the facility, the effect on expenses and resources, or

 

 

10100SB1829sam001- 35 -LRB101 10761 LNS 59519 a

1    the impact otherwise of the accommodation upon the
2    operation of the facility; (iii) the overall financial
3    resources of the employer, the overall size of the business
4    of the employer with respect to the number of its
5    employees, and the number, type, and location of its
6    facilities; and (iv) the type of operation or operations of
7    the employer, including the composition, structure, and
8    functions of the workforce of the employer, the geographic
9    separateness, administrative, or fiscal relationship of
10    the facility or facilities in question to the employer. The
11    employer has the burden of proving undue hardship. The fact
12    that the employer provides or would be required to provide
13    a similar accommodation to similarly situated employees
14    creates a rebuttable presumption that the accommodation
15    does not impose an undue hardship on the employer.
16        No employer is required by this subdivision (J) to
17    create additional employment that the employer would not
18    otherwise have created, unless the employer does so or
19    would do so for other classes of employees who need
20    accommodation. The employer is not required to discharge
21    any employee, transfer any employee with more seniority, or
22    promote any employee who is not qualified to perform the
23    job, unless the employer does so or would do so to
24    accommodate other classes of employees who need it.
25        (K) Notice.
26            (1) For an employer to fail to post or keep posted

 

 

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1        in a conspicuous location on the premises of the
2        employer where notices to employees are customarily
3        posted, or fail to include in any employee handbook
4        information concerning an employee's rights under this
5        Article, a notice, to be prepared or approved by the
6        Department, summarizing the requirements of this
7        Article and information pertaining to the filing of a
8        charge, including the right to be free from unlawful
9        discrimination, the right to be free from sexual
10        harassment, and the right to certain reasonable
11        accommodations. The Department shall make the
12        documents required under this paragraph available for
13        retrieval from the Department's website.
14            (2) Upon notification of a violation of paragraph
15        (1) of this subdivision (K), the Department may launch
16        a preliminary investigation. If the Department finds a
17        violation, the Department may issue a notice to show
18        cause giving the employer 30 days to correct the
19        violation. If the violation is not corrected, the
20        Department may initiate a charge of a civil rights
21        violation.
22(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
 
23    (775 ILCS 5/2-108 new)
24    Sec. 2-108. Employer disclosure requirements.
25    (A) Definitions. The following definitions are applicable

 

 

10100SB1829sam001- 37 -LRB101 10761 LNS 59519 a

1strictly to this Section:
2        (1) "Employer" includes:
3            (a) any party to a public contract without regard
4        to the number of employees who, during the year
5        preceding the reporting period required under
6        subsection (B), has entered into a settlement as
7        defined by paragraph (2) or who has had an adverse
8        judgment or administrative ruling entered against the
9        party as defined by paragraph (3);
10            (b) any person employing one or more employees
11        within this State during the 20 or more calendar weeks
12        within the preceding calendar year who, during the year
13        preceding the reporting period required under
14        subsection (B), has entered into a settlement as
15        defined by subsection paragraph (2) or who has had an
16        adverse judgment or administrative ruling entered
17        against him or her as defined by paragraph (3);
18            (c) a labor organization, as defined in Section
19        2-101, that, during the year preceding the reporting
20        period required under subsection (B), has entered into
21        a settlement as defined by paragraph (2) or that has
22        had an adverse judgment or administrative ruling
23        entered against it as defined by paragraph (3); and
24            (d) the State and any political subdivision,
25        municipal corporation, or other governmental unit or
26        agency, without regard to the number of employees that,

 

 

10100SB1829sam001- 38 -LRB101 10761 LNS 59519 a

1        during the year preceding the reporting period
2        required under subsection (B), has entered into a
3        settlement as defined by paragraph (2) or that has had
4        an adverse judgment or administrative ruling entered
5        against it as defined by paragraph (3).
6        (2) "Settlement" means any written commitment or
7    agreement, including any agreed judgment, stipulation,
8    decree, agreement to settle, assurance of discontinuance,
9    or otherwise between an employee, as defined by subsection
10    (A), and an employer under which the employer directly or
11    indirectly provides to an individual compensation or other
12    consideration due to an allegation that the individual has
13    been a victim of sexual harassment or unlawful
14    discrimination under this Act.
15        (3) "Adverse judgment or administrative ruling" means
16    any final adverse judgment or final administrative ruling
17    entered in favor of an employee as defined by subsection
18    (A) and against the employer during the preceding year
19    based on claims of sexual harassment or unlawful
20    discrimination brought under this Act, Title VII of the
21    Civil Rights Act of 1964, or any other federal, State, or
22    local law prohibiting sexual harassment or unlawful
23    discrimination.
24    (B) Required disclosures. Beginning July 1, 2020, each
25employer under this Section shall disclose annually to the
26Department of Human Rights the following information:

 

 

10100SB1829sam001- 39 -LRB101 10761 LNS 59519 a

1        (1) the total number of settlements entered into during
2    the preceding year by the employer or a corporate executive
3    of the employer that relate to any alleged act of sexual
4    harassment or unlawful discrimination that:
5            (a) occurred in the workplace of the employer; or
6            (b) involved the behavior of an employee of the
7        employer or a corporate executive of the employer,
8        without regard to whether that behavior occurred in the
9        workplace of the employer;
10        (2) how many settlements described in paragraph (1) are
11    in each of the following categories:
12            (a) sexual harassment or discrimination on the
13        basis of sex;
14            (b) discrimination or harassment on the basis of
15        race, color, or national origin;
16            (c) discrimination or harassment on the basis of
17        religion;
18            (d) discrimination or harassment on the basis of
19        age;
20            (e) discrimination or harassment on the basis of
21        disability;
22            (f) discrimination or harassment on the basis of
23        military status or unfavorable discharge from military
24        status;
25            (g) discrimination or harassment on the basis of
26        sexual orientation or gender identity; and

 

 

10100SB1829sam001- 40 -LRB101 10761 LNS 59519 a

1            (h) discrimination or harassment on the basis of
2        any other characteristic protected under this Act;
3        (3) the total number of adverse judgments or
4    administrative rulings during the preceding year;
5        (4) whether any equitable relief was ordered against
6    the employer in any adverse judgment or administrative
7    ruling described in paragraph (3);
8        (5) how many adverse judgments or administrative
9    rulings described in paragraph (3) are in each of the
10    following categories:
11            (a) sexual harassment or discrimination on the
12        basis of sex;
13            (b) discrimination or harassment on the basis of
14        race, color, or national origin;
15            (c) discrimination or harassment on the basis of
16        religion;
17            (d) discrimination or harassment on the basis of
18        age;
19            (e) discrimination or harassment on the basis of
20        disability;
21            (f) discrimination or harassment on the basis of
22        military status or unfavorable discharge from military
23        status;
24            (g) discrimination or harassment on the basis of
25        sexual orientation or gender identity; and
26            (h) discrimination or harassment on the basis of

 

 

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1        any other characteristic protected under this Act;
2    (C) Prohibited disclosures. An employer may not disclose
3the name of a victim of an act of alleged sexual harassment or
4unlawful discrimination in any disclosures required under this
5Section.
6    (D) Annual report. The Department shall publish an annual
7report aggregating the information reported by employers under
8this Section such that no individual employer data is available
9to the public. The report shall include:
10        (1) the number of settlements entered into during the
11    preceding calendar year based on each of the protected
12    classes identified by this Act; and
13        (2) the number of adverse judgments or administrative
14    rulings filed during the preceding calendar year based on
15    each of the protected classes identified by this Act.
16    The report shall be filed with the General Assembly and
17made available to the public by December 31 of each reporting
18year. Data submitted by an employer to comply with this Section
19is exempt from the Freedom of Information Act.
20    (E) Pattern and practice violations. The Department may
21open a preliminary investigation if the information disclosed
22under this Section identifies an employer or a corporate
23executive of the employer who may have engaged in a pattern and
24practice of unlawful discrimination under this Act. If a
25pattern and practice of unlawful discrimination is found, the
26Department shall initiate a charge of a civil rights violation.

 

 

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1    (F) Failure to report and penalties. If an employer fails
2to make any disclosures required under this Section, the
3Department shall issue a notice to show cause giving the
4employer 30 days to disclose the required information. If the
5employer does not make the required disclosures within 30 days,
6the Department shall the petition the Illinois Human Rights
7Commission for entry of an order imposing a civil penalty
8against the employer pursuant to Section 8-109.1. The civil
9penalty shall be paid into the Department of Human Rights'
10Training and Development Fund.
11    (G) Rules. The Department shall adopt any rules it deems
12necessary for implementation of this Section.
 
13    (775 ILCS 5/6-102)
14    Sec. 6-102. Violations of other Acts. A person who violates
15the Section 11-117-12.2 of the Illinois Municipal Code, Section
16224.05 of the Illinois Insurance Code, Section 8-201.5 of the
17Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11,
18and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of
19the Interest Act, the Military Personnel Cellular Phone
20Contract Termination Act, Section 405-272 of the Civil
21Administrative Code of Illinois, Section 10-63 of the Illinois
22Administrative Procedure Act, Sections 30.25 and 30.30 of the
23Military Code of Illinois, Section 16 of the Landlord and
24Tenant Act, Section 26.5 of the Retail Installment Sales Act,
25or Section 37 of the Motor Vehicle Leasing Act, or the

 

 

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1Workplace Transparency Act commits a civil rights violation
2within the meaning of this Act.
3(Source: P.A. 100-1101, eff. 1-1-19.)
 
4    (775 ILCS 5/7-114 new)
5    Sec. 7-114. Sexual harassment prevention training.
6    (A) The General Assembly finds that the Equal Employment
7Opportunity Commission estimates that 25% to 85% of working
8women have experienced sexual harassment on the job.
9Organizational tolerance of sexual harassment has a
10detrimental influence in workplaces by creating a hostile
11environment for women, reducing productivity, and increasing
12legal liability. It is the General Assembly's intent to
13encourage employers to adopt and actively implement policies to
14ensure their workplaces are safe for women to report concerns
15about sexual harassment without fear of retaliation, loss of
16status, or loss of promotional opportunities.
17    (B) The Department shall produce a model sexual harassment
18prevention training program aimed at the prevention of sexual
19harassment in the workplace. The model program shall be made
20available to employers at no cost. This model program shall be
21interactive and, at a minimum, include the following:
22        (1) an explanation of sexual harassment consistent
23    with this Act;
24        (2) examples of conduct that constitutes unlawful
25    sexual harassment;

 

 

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1        (3) an explanation of harassment based on sex
2    consistent with this Act;
3        (4) examples of conduct that constitute unlawful
4    harassment based on sex;
5        (5) a summary of federal and State statutory provisions
6    concerning harassment based on sex, sexual harassment, and
7    all remedies available to victims of sexual harassment or
8    harassment based on sex;
9        (6) a summary of employees' rights and available
10    remedies and forums to adjudicate complaints;
11        (7) examples of appropriate and inappropriate conduct
12    by supervisors; and
13        (8) a summary of responsibilities of employers in the
14    prevention, investigation, and adjudication of sexual
15    harassment.
16    (C) Every employer shall use the model sexual harassment
17prevention training program under this Section or establish a
18training program for employees and supervisors to prevent
19sexual harassment that equals or exceeds the minimum standards
20provided by the model training. The sexual harassment
21prevention training shall be provided to all employees on an
22annual basis.
23    (D) Failure to train and penalties. If an employer violates
24this Section, the Department shall issue a notice to show cause
25giving the employer 30 days to comply. If the employer does not
26comply within 30 days, the Department shall petition the Human

 

 

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1Rights Commission for entry of an order imposing a civil
2penalty against the employer pursuant to Section 8-109.1. The
3civil penalty shall be paid into the Department of Human
4Rights' Training and Development Fund.
 
5    (775 ILCS 5/8-109.1 new)
6    Sec. 8-109.1. Civil penalties; failure to report; failure
7to train.
8    (A) A hearing officer may recommend the Commission or any
93-member panel thereof may:
10        (1) Failure to Report. In the case of an employer who
11    fails to make any disclosures required under Section 2-108,
12    order that a civil penalty be imposed pursuant to
13    subsection (B).
14        (2) Failure to Train. In the case of an employer who
15    fails to comply with the sexual harassment prevention
16    training requirements under Section 2-114, order that a
17    civil penalty be imposed pursuant to subsection (B).
18    (B) Civil Penalty. An employer who violates Section 2-108
19or 2-114 is subjected to a civil penalty as follows:
20        (1) For an employer with fewer than 4 employees: a
21    penalty not to exceed $500 for a first offense; a penalty
22    not to exceed $1,000 for a second offense; a penalty not to
23    exceed $3,000 for a third or subsequent offense.
24        (2) For an employer with 4 or more employees: a penalty
25    not to exceed $1,000 for a first offense; a penalty not to

 

 

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1    exceed $3,000 for a second offense; a penalty not to exceed
2    $5,000 for a third or subsequent offense.
3    (C) The appropriateness of the penalty to the size of the
4employer charged, the good faith efforts made by the employer
5to comply, and the gravity of the violation shall be considered
6in determining the amount of the civil penalty.
 
7    Section 2-20. The Victims' Economic Security and Safety Act
8is amended by changing Sections 10, 15, 20, 25, 30, and 45 as
9follows:
 
10    (820 ILCS 180/10)
11    Sec. 10. Definitions. In this Act, except as otherwise
12expressly 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.

 

 

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1        (3) "Department" means the Department of Labor.
2        (4) "Director" means the Director of Labor.
3        (5) "Domestic or sexual violence" means domestic
4    violence, sexual assault, or stalking.
5        (6) "Domestic violence" means abuse, as defined in
6    Section 103 of the Illinois Domestic Violence Act of 1986,
7    by a family or household member, as defined in Section 103
8    of the Illinois Domestic Violence Act of 1986.
9        (7) "Electronic communications" includes
10    communications via telephone, mobile phone, computer,
11    e-mail, video recorder, fax machine, telex, or pager,
12    online platform (including, but not limited to, any
13    public-facing website, web application, digital
14    application, or social network), or any other electronic
15    communication, as defined in Section 12-7.5 of the Criminal
16    Code of 2012.
17        (8) "Employ" includes to suffer or permit to work.
18        (9) Employee.
19            (A) In general. "Employee" means any person
20        employed by an employer.
21            (B) Basis. "Employee" includes a person employed
22        as described in subparagraph (A) on a full or part-time
23        basis, or as a participant in a work assignment as a
24        condition of receipt of federal or State income-based
25        public assistance.
26        (10) "Employer" means any of the following: (A) the

 

 

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

 

 

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1    stepchild, a legal ward, or a child of a person standing in
2    loco parentis, who is under 18 years of age, or is 18 years
3    of age or older and incapable of self-care because of a
4    mental or physical disability.
5        (14) "Perpetrator" means an individual who commits or
6    is alleged to have committed any act or threat of domestic
7    violence, sexual violence, or sexual harassment or sexual
8    violence.
9        (15) "Person" means an individual, partnership,
10    association, corporation, business trust, legal
11    representative, or any organized group of persons.
12        (16) "Public agency" means the Government of the State
13    or political subdivision thereof; any agency of the State,
14    or of a political subdivision of the State; or any
15    governmental agency.
16        (17) "Public assistance" includes cash, food stamps,
17    medical assistance, housing assistance, and other benefits
18    provided on the basis of income by a public agency or
19    public employer.
20        (18) "Reduced work schedule" means a work schedule that
21    reduces the usual number of hours per workweek, or hours
22    per workday, of an employee.
23        (19) "Repeatedly" means on 2 or more occasions.
24        (20) "Sexual assault" means any conduct proscribed by:
25    (i) Article 11 of the Criminal Code of 2012 except Sections
26    11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,

 

 

10100SB1829sam001- 50 -LRB101 10761 LNS 59519 a

1    12-15, and 12-16 of the Criminal Code of 2012; or (iii) a
2    similar provision of the Criminal Code of 1961 the Criminal
3    Code of 1961 or the Criminal Code of 2012 in Sections
4    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
5    12-14.1, 12-15, and 12-16.
6        (21) "Stalking" means any conduct proscribed by the
7    Criminal Code of 1961 or the Criminal Code of 2012 in
8    Sections 12-7.3, 12-7.4, and 12-7.5.
9        (22) "Victim" or "survivor" means an individual who has
10    been subjected to domestic violence, sexual violence, or
11    sexual harassment or sexual violence.
12        (23) "Victim services organization" means a nonprofit,
13    nongovernmental organization that provides assistance to
14    victims of domestic violence, sexual violence, or sexual
15    harassment or sexual violence or to advocates for such
16    victims, including a rape crisis center, an organization
17    carrying out a domestic violence program, an organization
18    operating a shelter or providing counseling services, or a
19    legal services organization or other organization
20    providing assistance through the legal process.
21        (24) "Emotional distress" means significant mental
22    suffering, anxiety, or alarm.
23        (25) "Sexual harassment" means any harassment or
24    discrimination on the basis of an individual's actual or
25    perceived sex or gender, including unwelcome sexual
26    advances, requests for sexual favors, other verbal or

 

 

10100SB1829sam001- 51 -LRB101 10761 LNS 59519 a

1    physical conduct of a sexual nature, or any other conduct
2    of a sexual nature directed at a specific person that would
3    cause the victim or survivor emotional distress.
4(Source: P.A. 99-765, eff. 1-1-17.)
 
5    (820 ILCS 180/15)
6    Sec. 15. Purposes. The purposes of this Act are:
7        (1) to promote the State's interest in reducing
8    domestic violence, dating violence, sexual assault, sexual
9    harassment, and stalking by enabling victims of domestic
10    violence, sexual violence, or sexual harassment or sexual
11    violence to maintain the financial independence necessary
12    to leave abusive situations, achieve safety, and minimize
13    the physical and emotional injuries from domestic
14    violence, sexual violence, or sexual harassment or sexual
15    violence, and to reduce the devastating economic
16    consequences of domestic violence, sexual violence, or
17    sexual harassment or sexual violence to employers and
18    employees;
19        (2) to address the failure of existing laws to protect
20    the employment rights of employees who are victims of
21    domestic violence, sexual violence, or sexual harassment
22    or sexual violence and employees with a family or household
23    member who is a victim of domestic violence, sexual
24    violence, or sexual harassment or sexual violence, by
25    protecting the civil and economic rights of those

 

 

10100SB1829sam001- 52 -LRB101 10761 LNS 59519 a

1    employees, and by furthering the equal opportunity of women
2    for economic self-sufficiency and employment free from
3    discrimination;
4        (3) to accomplish the purposes described in paragraphs
5    (1) and (2) by (A) entitling employed victims of domestic
6    violence, sexual violence, or sexual harassment or sexual
7    violence and employees with a family or household member
8    who is a victim of domestic violence, sexual violence, or
9    sexual harassment or sexual violence to take unpaid leave
10    to seek medical help, legal assistance, counseling, safety
11    planning, and other assistance without penalty from their
12    employers for the employee or the family or household
13    member who is a victim; and (B) prohibiting employers from
14    discriminating against any employee who is a victim of
15    domestic violence, sexual violence, or sexual harassment
16    or sexual violence or any employee who has a family or
17    household member who is a victim of domestic violence,
18    sexual violence, or sexual harassment or sexual violence,
19    in a manner that accommodates the legitimate interests of
20    employers and protects the safety of all persons in the
21    workplace.
22(Source: P.A. 96-635, eff. 8-24-09.)
 
23    (820 ILCS 180/20)
24    Sec. 20. Entitlement to leave due to domestic violence,
25sexual violence, or sexual harassment or sexual violence.

 

 

10100SB1829sam001- 53 -LRB101 10761 LNS 59519 a

1    (a) Leave requirement.
2        (1) Basis. An employee who is a victim of domestic
3    violence, sexual violence, or sexual harassment or sexual
4    violence or an employee who has a family or household
5    member who is a victim of domestic violence, sexual
6    violence, or sexual harassment or sexual violence whose
7    interests are not adverse to the employee as it relates to
8    the domestic violence, sexual violence, or sexual
9    harassment or sexual violence may take unpaid leave from
10    work if the employee or employee's family or household
11    member is experiencing an incident of domestic violence,
12    sexual violence, or sexual harassment or sexual violence or
13    to address domestic violence, sexual violence, or sexual
14    harassment or sexual violence by:
15            (A) seeking medical attention for, or recovering
16        from, physical or psychological injuries caused by
17        domestic violence, sexual violence, or sexual
18        harassment or sexual violence to the employee or the
19        employee's family or household member;
20            (B) obtaining services from a victim services
21        organization for the employee or the employee's family
22        or household member;
23            (C) obtaining psychological or other counseling
24        for the employee or the employee's family or household
25        member;
26            (D) participating in safety planning, temporarily

 

 

10100SB1829sam001- 54 -LRB101 10761 LNS 59519 a

1        or permanently relocating, or taking other actions to
2        increase the safety of the employee or the employee's
3        family or household member from future domestic
4        violence, sexual violence, or sexual harassment or
5        sexual violence or ensure economic security; or
6            (E) seeking legal assistance or remedies to ensure
7        the health and safety of the employee or the employee's
8        family or household member, including preparing for or
9        participating in any civil or criminal legal
10        proceeding related to or derived from domestic
11        violence, sexual violence, or sexual harassment or
12        sexual violence.
13        (2) Period. Subject to subsection (c), an employee
14    working for an employer that employs at least 50 employees
15    shall be entitled to a total of 12 workweeks of leave
16    during any 12-month period. Subject to subsection (c), an
17    employee working for an employer that employs at least 15
18    but not more than 49 employees shall be entitled to a total
19    of 8 workweeks of leave during any 12-month period. Subject
20    to subsection (c), an employee working for an employer that
21    employs at least one but not more than 14 employees shall
22    be entitled to a total of 4 workweeks of leave during any
23    12-month period. The total number of workweeks to which an
24    employee is entitled shall not decrease during the relevant
25    12-month period. This Act does not create a right for an
26    employee to take unpaid leave that exceeds the unpaid leave

 

 

10100SB1829sam001- 55 -LRB101 10761 LNS 59519 a

1    time allowed under, or is in addition to the unpaid leave
2    time permitted by, the federal Family and Medical Leave Act
3    of 1993 (29 U.S.C. 2601 et seq.).
4        (3) Schedule. Leave described in paragraph (1) may be
5    taken consecutively, intermittently, or on a reduced work
6    schedule.
7    (b) Notice. The employee shall provide the employer with at
8least 48 hours' advance notice of the employee's intention to
9take the leave, unless providing such notice is not
10practicable. When an unscheduled absence occurs, the employer
11may not take any action against the employee if the employee,
12upon request of the employer and within a reasonable period
13after the absence, provides certification under subsection
14(c).
15    (c) Certification.
16        (1) In general. The employer may require the employee
17    to provide certification to the employer that:
18            (A) the employee or the employee's family or
19        household member is a victim of domestic violence,
20        sexual violence, or sexual harassment or sexual
21        violence; and
22            (B) the leave is for one of the purposes enumerated
23        in paragraph (a)(1).
24        The employee shall provide such certification to the
25    employer within a reasonable period after the employer
26    requests certification.

 

 

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1        (2) Contents. An employee may satisfy the
2    certification requirement of paragraph (1) by providing to
3    the employer a sworn statement of the employee, and upon
4    obtaining such documents the employee shall provide:
5            (A) documentation from an employee, agent, or
6        volunteer of a victim services organization, an
7        attorney, a member of the clergy, or a medical or other
8        professional from whom the employee or the employee's
9        family or household member has sought assistance in
10        addressing domestic violence, sexual violence, or
11        sexual harassment or sexual violence and the effects of
12        the violence or harassment;
13            (B) a police or court record; or
14            (C) other corroborating evidence.
15        The employee may choose which document to submit if
16    that document demonstrates the basis of the leave allowed
17    under Section 20 of this Act. An employee is not required
18    to provide additional documentation if a subsequent leave
19    request is for the same reason for leave previously used
20    and for the same incident of domestic violence, sexual
21    violence, or sexual harassment or the same perpetrator of
22    the domestic violence, sexual violence, or sexual
23    harassment.
24    (d) Confidentiality. All information provided to the
25employer pursuant to subsection (b) or (c), including a
26statement of the employee or any other documentation, record,

 

 

10100SB1829sam001- 57 -LRB101 10761 LNS 59519 a

1or corroborating evidence, and the fact that the employee has
2requested or obtained leave pursuant to this Section, shall be
3retained in the strictest confidence by the employer, except to
4the extent that disclosure is:
5        (1) requested or consented to in writing by the
6    employee; or
7        (2) otherwise required by applicable federal or State
8    law.
9    (e) Employment and benefits.
10        (1) Restoration to position.
11            (A) In general. Any employee who takes leave under
12        this Section for the intended purpose of the leave
13        shall be entitled, on return from such leave:
14                (i) to be restored by the employer to the
15            position of employment held by the employee when
16            the leave commenced; or
17                (ii) to be restored to an equivalent position
18            with equivalent employment benefits, pay, and
19            other terms and conditions of employment.
20            (B) Loss of benefits. The taking of leave under
21        this Section shall not result in the loss of any
22        employment benefit accrued prior to the date on which
23        the leave commenced.
24            (C) Limitations. Nothing in this subsection shall
25        be construed to entitle any restored employee to:
26                (i) the accrual of any seniority or employment

 

 

10100SB1829sam001- 58 -LRB101 10761 LNS 59519 a

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

 

 

10100SB1829sam001- 59 -LRB101 10761 LNS 59519 a

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

 

 

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

 

 

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

 

 

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1        (2) Interference with proceedings or inquiries. It
2    shall be unlawful for any person to discharge or in any
3    other manner discriminate (as described in subparagraph
4    (B) or (C) of paragraph (1)) against any individual because
5    such individual:
6            (A) has filed any charge, or has instituted or
7        caused to be instituted any proceeding, under or
8        related to this Section;
9            (B) has given, or is about to give, any information
10        in connection with any inquiry or proceeding relating
11        to any right provided under this Section; or
12            (C) has testified, or is about to testify, in any
13        inquiry or proceeding relating to any right provided
14        under this Section.
15    (g) Disciplinary action. Nothing in this Section shall be
16construed to prohibit an employer from taking disciplinary
17action, up to and including termination, against an employee
18who uses leave provided pursuant to this Act for purposes other
19than those described in this Section.
20(Source: P.A. 99-765, eff. 1-1-17.)
 
21    (820 ILCS 180/25)
22    Sec. 25. Existing leave usable for addressing domestic
23violence, sexual violence, or sexual harassment or sexual
24violence. An employee who is entitled to take paid or unpaid
25leave (including family, medical, sick, annual, personal, or

 

 

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1similar leave) from employment, pursuant to federal, State, or
2local law, a collective bargaining agreement, or an employment
3benefits program or plan, may elect to substitute any period of
4such leave for an equivalent period of leave provided under
5Section 20. The employer may not require the employee to
6substitute available paid or unpaid leave for leave provided
7under Section 20.
8(Source: P.A. 96-635, eff. 8-24-09.)
 
9    (820 ILCS 180/30)
10    Sec. 30. Victims' employment sustainability; prohibited
11discriminatory acts.
12    (a) An employer shall not fail to hire, refuse to hire,
13discharge, constructively discharge, or harass any individual,
14otherwise discriminate against any individual with respect to
15the compensation, terms, conditions, or privileges of
16employment of the individual, or retaliate against an
17individual in any form or manner, and a public agency shall not
18deny, reduce, or terminate the benefits of, otherwise sanction,
19or harass any individual, otherwise discriminate against any
20individual with respect to the amount, terms, or conditions of
21public assistance of the individual, or retaliate against an
22individual in any form or manner, because:
23        (1) the individual involved:
24            (A) is or is perceived to be a victim of domestic
25        violence, sexual violence, or sexual harassment or

 

 

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1        sexual violence;
2            (B) attended, participated in, prepared for, or
3        requested leave to attend, participate in, or prepare
4        for a criminal or civil court proceeding relating to an
5        incident of domestic violence, sexual violence, or
6        sexual harassment or sexual violence of which the
7        individual or a family or household member of the
8        individual was a victim, or requested or took leave for
9        any other reason provided under Section 20;
10            (C) requested an adjustment to a job structure,
11        workplace facility, or work requirement, including a
12        transfer, reassignment, or modified schedule, leave, a
13        changed telephone number or seating assignment,
14        installation of a lock, or implementation of a safety
15        procedure or any other reasonable accommodation in
16        response to actual or threatened domestic violence,
17        sexual violence, or sexual harassment or sexual
18        violence, regardless of whether the request was
19        granted; or
20            (D) is an employee whose employer is subject to
21        Section 21 of the Workplace Violence Prevention Act; or
22        (2) the workplace is disrupted or threatened by the
23    action of a person whom the individual states has committed
24    or threatened to commit domestic violence, sexual
25    violence, or sexual harassment or sexual violence against
26    the individual or the individual's family or household

 

 

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1    member.
2    (b) In this Section:
3        (1) "Discriminate", used with respect to the terms,
4    conditions, or privileges of employment or with respect to
5    the terms or conditions of public assistance, includes not
6    making a reasonable accommodation to the known limitations
7    resulting from circumstances relating to being a victim of
8    domestic violence, sexual violence, or sexual harassment
9    or sexual violence or a family or household member being a
10    victim of domestic violence, sexual violence, or sexual
11    harassment or sexual violence of an otherwise qualified
12    individual:
13            (A) who is:
14                (i) an applicant or employee of the employer
15            (including a public agency); or
16                (ii) an applicant for or recipient of public
17            assistance from a public agency; and
18            (B) who is:
19                (i) or is perceived to be a victim of domestic
20            violence, sexual violence, or sexual harassment a
21            victim of domestic or sexual violence; or
22                (ii) with a family or household member who is a
23            victim of domestic violence, sexual violence, or
24            sexual harassment or sexual violence whose
25            interests are not adverse to the individual in
26            subparagraph (A) as it relates to the domestic

 

 

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1            violence, sexual violence, or sexual harassment or
2            sexual violence;
3    unless the employer or public agency can demonstrate that
4    the accommodation would impose an undue hardship on the
5    operation of the employer or public agency.
6        A reasonable accommodation must be made in a timely
7    fashion. Any exigent circumstances or danger facing the
8    employee or his or her family or household member shall be
9    considered in determining whether the accommodation is
10    reasonable.
11        (2) "Qualified individual" means:
12            (A) in the case of an applicant or employee
13        described in paragraph (1)(A)(i), an individual who,
14        but for being a victim of domestic violence, sexual
15        violence, or sexual harassment or sexual violence or
16        with a family or household member who is a victim of
17        domestic violence, sexual violence, or sexual
18        harassment or sexual violence, can perform the
19        essential functions of the employment position that
20        such individual holds or desires; or
21            (B) in the case of an applicant or recipient
22        described in paragraph (1)(A)(ii), an individual who,
23        but for being a victim of domestic violence, sexual
24        violence, or sexual harassment or sexual violence or
25        with a family or household member who is a victim of
26        domestic violence, sexual violence, or sexual

 

 

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1        harassment or sexual violence, can satisfy the
2        essential requirements of the program providing the
3        public assistance that the individual receives or
4        desires.
5        (3) "Reasonable accommodation" may include, but is not
6    limited to, an adjustment to a job structure, workplace
7    facility, or work requirement, including a transfer,
8    reassignment, or modified schedule, leave, a changed
9    telephone number or seating assignment, installation of a
10    lock, or implementation of a safety procedure, or
11    assistance in documenting domestic violence, sexual
12    violence, or sexual harassment or sexual violence that
13    occurs at the workplace or in work-related settings, in
14    response to actual or threatened domestic violence, sexual
15    violence, or sexual harassment or sexual violence.
16        (4) Undue hardship.
17            (A) In general. "Undue hardship" means an action
18        requiring significant difficulty or expense, when
19        considered in light of the factors set forth in
20        subparagraph (B).
21            (B) Factors to be considered. In determining
22        whether a reasonable accommodation would impose an
23        undue hardship on the operation of an employer or
24        public agency, factors to be considered include:
25                (i) the nature and cost of the reasonable
26            accommodation needed under this Section;

 

 

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1                (ii) the overall financial resources of the
2            facility involved in the provision of the
3            reasonable accommodation, the number of persons
4            employed at such facility, the effect on expenses
5            and resources, or the impact otherwise of such
6            accommodation on the operation of the facility;
7                (iii) the overall financial resources of the
8            employer or public agency, the overall size of the
9            business of an employer or public agency with
10            respect to the number of employees of the employer
11            or public agency, and the number, type, and
12            location of the facilities of an employer or public
13            agency; and
14                (iv) the type of operation of the employer or
15            public agency, including the composition,
16            structure, and functions of the workforce of the
17            employer or public agency, the geographic
18            separateness of the facility from the employer or
19            public agency, and the administrative or fiscal
20            relationship of the facility to the employer or
21            public agency.
22    (c) An employer subject to Section 21 of the Workplace
23Violence Prevention Act shall not violate any provisions of the
24Workplace Violence Prevention Act.
25    (d) All information provided to the employer pursuant to
26subsection (b) or (c), including a statement of the employee

 

 

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1and any other documentation, record, or corroborating
2evidence, and the fact that the employee has requested or
3obtained leave pursuant to this Section, shall be retained in
4the strictest confidence by the employer, except to the extent
5that 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(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
 
11    (820 ILCS 180/45)
12    Sec. 45. Effect on other laws and employment benefits.
13    (a) More protective laws, agreements, programs, and plans.
14Nothing in this Act shall be construed to supersede any
15provision of any federal, State, or local law, collective
16bargaining agreement, or employment benefits program or plan
17that provides:
18        (1) greater leave benefits for victims of domestic
19    violence, sexual violence, or sexual harassment or sexual
20    violence than the rights established under this Act; or
21        (2) leave benefits for a larger population of victims
22    of domestic violence, sexual violence, or sexual
23    harassment or sexual violence (as defined in such law,
24    agreement, program, or plan) than the victims of domestic
25    violence, sexual violence, or sexual harassment or sexual

 

 

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1    violence covered under this Act.
2    (b) Less protective laws, agreements, programs, and plans.
3The rights established for employees who are victims of
4domestic violence, sexual violence, or sexual harassment or
5sexual violence and employees with a family or household member
6who is a victim of domestic violence, sexual violence, or
7sexual harassment or sexual violence under this Act shall not
8be diminished by any federal, State or local law, collective
9bargaining agreement, or employment benefits program or plan.
10(Source: P.A. 93-591, eff. 8-25-03.)
 
11
Article 3.

 
12    Section 3-1. Short title. This Article may be cited as the
13Stopping Predators from Evading Allegations of Abuse of Kids
14Act. References in this Article to "this Act" mean this
15Article.
 
16    Section 3-5. Definitions. As used in this Act:
17    "Minor" means any person under the age of 18 years.
18    "Youth recreational athletic entity" means a team,
19program, or event, including practice and competition, not
20associated with a school, during which youth athletes
21participate or practice to participate in an organized athletic
22game or competition against another team, club, entity, or
23individual.

 

 

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1    "Youth recreational athletic entity" includes, but is not
2limited to, athletic activity sponsored by a recreation center,
3community center, or private sports club.
 
4    Section 3-10. Prohibition on sexual abuse of children in
5youth sports. A person who owns, is employed by, or volunteers
6with a youth recreational athletic entity shall not, in that
7capacity, employ, use, persuade, induce, entice, or coerce a
8minor to engage in, or assist another person to engage in,
9sexually explicit conduct or the rape, molestation,
10prostitution, or other form of sexual exploitation of a minor,
11including actual or simulated:
12    (1) sexual contact in the manner of genital-genital,
13oral-genital, anal-genital, or oral-anal contact. For purposes
14of this Act, "sexual contact" means the intentional touching,
15either directly or through clothing, of the genitalia, anus,
16groin, breast, inner thigh, or buttocks of any person with an
17intent to abuse, humiliate, harass, degrade, or arouse or
18gratify the sexual desire of any person;
19    (2) bestiality;
20    (3) masturbation;
21    (4) lascivious exhibition of the genitals or pubic area;
22    (5) sadistic or masochistic abuse; or
23    (6) any other sexual conduct or sexual penetration, as
24defined in Section 11-0.1 of the Criminal Code of 2012.
 

 

 

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1    Section 3-15. Required reporting of child and sexual abuse
2in youth sports.
3    (a) Any person who owns, is employed by, or volunteers with
4a youth recreational athletic entity and is subject to the
5mandatory reporting requirements of the Abused and Neglected
6Child Reporting Act shall also make a confidential report of
7the suspected abuse to the relevant governing organization or
8league that regulates or oversees the youth recreational
9athletic entity as soon as practicable, but in no event later
10than 10 days after learning of the incident.
11    (b) Nothing in this Act shall be construed to require a
12victim of abuse to self-report the abuse.
 
13    Section 3-20. Posting of rights by youth recreational
14athletic entity. Each youth recreational athletic entity shall
15post in a clear and conspicuous place in its athletic
16facilities and on its website a notice stating a minor's rights
17under this Act as well as the toll-free number to the 24-hour
18child abuse hotline of the Department of Children and Family
19Services and contact information for all governing
20organizations or leagues that regulate or oversee the youth
21recreational athletic entity.
 
22    Section 3-25. Enforcement.
23    (a) Any person who, as a result of a violation of Section
243-10, suffers personal injury, regardless of whether the injury

 

 

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1occurred when the person was a minor, has a right of action in
2State circuit court. A prevailing plaintiff may recover for
3each violation actual and compensatory damages, including, but
4not limited to, damages for emotional distress, punitive
5damages, reasonable attorney's fees and costs, including
6expert witness fees and other litigation expenses, and such
7equitable relief as may be appropriate.
8    (b) Any person who knowingly and willfully fails to notify
9the relevant governing organization or league that regulates or
10oversees the youth recreational athletic entity pursuant to
11Section 3-15 may be subject to a civil penalty as follows: for
12a first offense, a penalty not to exceed $250; for a second
13offense, a penalty not to exceed $500; for a third or
14subsequent offense, a penalty not to exceed $1,000. In
15determining the amount of the penalty, the appropriateness of
16the penalty and the gravity of the violation shall be
17considered. The penalty may be recovered in a civil action
18brought by the Director of the Department of Children and
19Family Services in any circuit court.
 
20
Article 4.

 
21    Section 4-1. Short title. This Act may be cited as the
22Sexual Harassment Victim Representation Act. References in
23this Article to "this Act" mean this Article.
 

 

 

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1    Section 4-5. Definitions. In this Act:
2    "Perpetrator" means an individual who commits or is alleged
3to have committed an act or threat of sexual harassment.
4    "Sexual harassment" means any unwelcome sexual advances or
5requests for sexual favors or any conduct of a sexual nature
6when: (i) submission to such conduct is made either explicitly
7or implicitly a term or condition of an individual's
8employment; (ii) submission to or rejection of such conduct by
9an individual is used as the basis for employment decisions
10affecting such individual; or (iii) such conduct has the
11purpose or effect of substantially interfering with an
12individual's work performance or creating an intimidating,
13hostile, or offensive working environment.
14    "Union" means any organization defined as a "labor
15organization" under Section 2 of the National Labor Relations
16Act (29 U.S.C. 152).
17    "Union representative" means a person designated by a union
18to represent a member of the union in any disciplinary
19proceeding.
20    "Victim" means a victim of sexual harassment.
 
21    Section 4-10. Dual representation prohibited.
22    (a) In any proceeding in which a victim who is a member of
23a union has accused a perpetrator who is a member of the same
24union, the victim and the perpetrator may not be represented in
25the proceeding by the same union representative.

 

 

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1    (b) The union must designate separate union
2representatives to represent the parties to the proceeding.".