Illinois General Assembly - Full Text of HB3582
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Full Text of HB3582  102nd General Assembly

HB3582ham001 102ND GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 4/14/2021

 

 


 

 


 
10200HB3582ham001LRB102 15003 JLS 25091 a

1
AMENDMENT TO HOUSE BILL 3582

2    AMENDMENT NO. ______. Amend House Bill 3582 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Victims' Economic Security and Safety Act
5is amended by changing Sections 10, 20, 25, 30, 35, and 45 as
6follows:
 
7    (820 ILCS 180/10)
8    Sec. 10. Definitions. In this Act, except as otherwise
9expressly provided:
10        (1) "Commerce" includes trade, traffic, commerce,
11    transportation, or communication; and "industry or
12    activity affecting commerce" means any activity, business,
13    or industry in commerce or in which a labor dispute would
14    hinder or obstruct commerce or the free flow of commerce,
15    and includes "commerce" and any "industry affecting
16    commerce".

 

 

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1        (2) "Course of conduct" means a course of repeatedly
2    maintaining a visual or physical proximity to a person or
3    conveying oral or written threats, including threats
4    conveyed through electronic communications, or threats
5    implied by conduct.
6        (2.5) "Crime of violence" means any conduct proscribed
7    by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal
8    Code of 2012 or a similar provision of Criminal Code of
9    1961, in addition to conduct proscribed by Articles of the
10    Criminal Code of 2012 referenced in other definitions in
11    this Section.
12        (3) "Department" means the Department of Labor.
13        (4) "Director" means the Director of Labor.
14        (5) "Domestic violence, sexual violence, or gender
15    violence" means domestic violence, sexual assault, gender
16    violence, or stalking.
17        (6) "Domestic violence" means abuse, as defined in
18    Section 103 of the Illinois Domestic Violence Act of 1986,
19    by a family or household member, as defined in Section 103
20    of the Illinois Domestic Violence Act of 1986.
21        (7) "Electronic communications" includes
22    communications via telephone, mobile phone, computer,
23    e-mail, video recorder, fax machine, telex, pager, online
24    platform (including, but not limited to, any public-facing
25    website, web application, digital application, or social
26    network), or any other electronic communication, as

 

 

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1    defined in Section 12-7.5 of the Criminal Code of 2012.
2        (8) "Employ" includes to suffer or permit to work.
3        (9) Employee.
4            (A) In general. "Employee" means any person
5        employed by an employer.
6            (B) Basis. "Employee" includes a person employed
7        as described in subparagraph (A) on a full or
8        part-time basis, or as a participant in a work
9        assignment as a condition of receipt of federal or
10        State income-based public assistance.
11        (10) "Employer" means any of the following: (A) the
12    State or any agency of the State; (B) any unit of local
13    government or school district; or (C) any person that
14    employs at least one employee.
15        (11) "Employment benefits" means all benefits provided
16    or made available to employees by an employer, including
17    group life insurance, health insurance, disability
18    insurance, sick leave, annual leave, educational benefits,
19    pensions, and profit-sharing, regardless of whether such
20    benefits are provided by a practice or written policy of
21    an employer or through an "employee benefit plan".
22    "Employee benefit plan" or "plan" means an employee
23    welfare benefit plan or an employee pension benefit plan
24    or a plan which is both an employee welfare benefit plan
25    and an employee pension benefit plan.
26        (12) "Family or household member", for employees with

 

 

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1    a family or household member who is a victim of domestic
2    violence, sexual violence, or gender violence,or any other
3    crime of violence, means a spouse or party to a civil
4    union, parent, grandparent, child, grandchild, sibling, or
5    any son, daughter, other person related by blood or by
6    present or prior marriage or civil union, other person who
7    shares a relationship through a child, or any other
8    individual whose close association with the employee is
9    the equivalent of a family relationship as determined by
10    the employee son or daughter, and persons jointly residing
11    in the same household.
12    (12.5) "Gender violence" means:
13        (A) one or more acts of violence or aggression
14    satisfying the elements of any criminal offense under the
15    laws of this State that are committed, at least in part, on
16    the basis of a person's actual or perceived sex or gender,
17    regardless of whether the acts resulted in criminal
18    charges, prosecution, or conviction;
19        (B) a physical intrusion or physical invasion of a
20    sexual nature under coercive conditions satisfying the
21    elements of any criminal offense under the laws of this
22    State, regardless of whether the intrusion or invasion
23    resulted in criminal charges, prosecution, or conviction;
24    or
25        (C) a threat of an act described in item (A) or (B)
26    causing a realistic apprehension that the originator of

 

 

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

 

 

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1    hours per workday, of an employee.
2        (19) "Repeatedly" means on 2 or more occasions.
3        (20) "Sexual assault" means any conduct proscribed by:
4    (i) Article 11 of the Criminal Code of 2012 except
5    Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14,
6    12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or
7    (iii) a similar provision of the Criminal Code of 1961.
8        (20.5) "Sexual violence" means sexual assault.
9        (21) "Stalking" means any conduct proscribed by the
10    Criminal Code of 1961 or the Criminal Code of 2012 in
11    Sections 12-7.3, 12-7.4, and 12-7.5.
12        (22) "Victim" or "survivor" means an individual who
13    has been subjected to domestic violence, sexual violence,
14    or gender violence, or any other crime of violence.
15    "Victim" also includes any person described as a victim,
16    as defined under Section 2 of the Crime Victims
17    Compensation Act.
18        (23) "Victim services organization" means a nonprofit,
19    nongovernmental organization that provides assistance to
20    victims of domestic violence, sexual violence, or gender
21    violence, or any other crime of violence or to advocates
22    for such victims, including a rape crisis center, an
23    organization carrying out a domestic violence program, an
24    organization operating a shelter or providing counseling
25    services, or a legal services organization or other
26    organization providing assistance through the legal

 

 

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1    process.
2(Source: P.A. 101-221, eff. 1-1-20.)
 
3    (820 ILCS 180/20)
4    Sec. 20. Entitlement to leave due to domestic violence,
5sexual violence, or gender violence, or any other crime of
6violence.
7    (a) Leave requirement.
8        (1) Basis. An employee who is a victim of domestic
9    violence, sexual violence, or gender violence, or any
10    other crime of violence or an employee who has a family or
11    household member who is a victim of domestic violence,
12    sexual violence, or gender violence, or any other crime of
13    violence whose interests are not adverse to the employee
14    as it relates to the domestic violence, sexual violence,
15    or gender violence, or any other crime of violence may
16    take unpaid leave from work if the employee or employee's
17    family or household member is experiencing an incident of
18    domestic violence, sexual violence, or gender violence, or
19    any other crime of violence or to address domestic
20    violence, sexual violence, or gender violence, or any
21    other crime of violence by:
22            (A) seeking medical attention for, or recovering
23        from, physical or psychological injuries caused by
24        domestic violence, sexual violence, or gender
25        violence, or any other crime of violence to the

 

 

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1        employee or the employee's family or household member;
2            (B) obtaining services from a victim services
3        organization for the employee or the employee's family
4        or household member;
5            (C) obtaining psychological or other counseling
6        for the employee or the employee's family or household
7        member;
8            (D) participating in safety planning, temporarily
9        or permanently relocating, or taking other actions to
10        increase the safety of the employee or the employee's
11        family or household member from future domestic
12        violence, sexual violence, or gender violence, or any
13        other crime of violence or ensure economic security;
14        or
15            (E) seeking legal assistance or remedies to ensure
16        the health and safety of the employee or the
17        employee's family or household member, including
18        preparing for or participating in any civil or
19        criminal legal proceeding related to or derived from
20        domestic violence, sexual violence, or gender
21        violence, or any other crime of violence.
22        (2) Period. Subject to subsection (c), an employee
23    working for an employer that employs at least 50 employees
24    shall be entitled to a total of 12 workweeks of leave
25    during any 12-month period. Subject to subsection (c), an
26    employee working for an employer that employs at least 15

 

 

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1    but not more than 49 employees shall be entitled to a total
2    of 8 workweeks of leave during any 12-month period.
3    Subject to subsection (c), an employee working for an
4    employer that employs at least one but not more than 14
5    employees shall be entitled to a total of 4 workweeks of
6    leave during any 12-month period. The total number of
7    workweeks to which an employee is entitled shall not
8    decrease during the relevant 12-month period. This Act
9    does not create a right for an employee to take unpaid
10    leave that exceeds the unpaid leave time allowed under, or
11    is in addition to the unpaid leave time permitted by, the
12    federal Family and Medical Leave Act of 1993 (29 U.S.C.
13    2601 et seq.).
14        (3) Schedule. Leave described in paragraph (1) may be
15    taken consecutively, intermittently, or on a reduced work
16    schedule.
17    (b) Notice. The employee shall provide the employer with
18at least 48 hours' advance notice of the employee's intention
19to take the leave, unless providing such notice is not
20practicable. When an unscheduled absence occurs, the employer
21may not take any action against the employee if the employee,
22upon request of the employer and within a reasonable period
23after the absence, provides certification under subsection
24(c).
25    (c) Certification.
26        (1) In general. The employer may require the employee

 

 

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

 

 

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1        The employee shall choose which document to submit,
2    and the employer shall not request or require more than
3    one document to be submitted during the same 12-month
4    period leave is requested or taken if the reason for leave
5    is related to the same incident or incidents of violence
6    or the same perpetrator or perpetrators of the violence.
7    (d) Confidentiality. All information provided to the
8employer pursuant to subsection (b) or (c), including a
9statement of the employee or any other documentation, record,
10or corroborating evidence, and the fact that the employee has
11requested or obtained leave pursuant to this Section, shall be
12retained in the strictest confidence by the employer, except
13to the extent that disclosure is:
14        (1) requested or consented to in writing by the
15    employee; or
16        (2) otherwise required by applicable federal or State
17    law.
18    (e) Employment and benefits.
19        (1) Restoration to position.
20            (A) In general. Any employee who takes leave under
21        this Section for the intended purpose of the leave
22        shall be entitled, on return from such leave:
23                (i) to be restored by the employer to the
24            position of employment held by the employee when
25            the leave commenced; or
26                (ii) to be restored to an equivalent position

 

 

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

 

 

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

 

 

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1            provide, within a reasonable period after making
2            the claim, certification to the employer that the
3            employee is unable to return to work because of
4            that reason.
5                (ii) Contents. An employee may satisfy the
6            certification requirement of clause (i) by
7            providing to the employer:
8                    (I) a sworn statement of the employee;
9                    (II) documentation from an employee,
10                agent, or volunteer of a victim services
11                organization, an attorney, a member of the
12                clergy, or a medical or other professional
13                from whom the employee has sought assistance
14                in addressing domestic violence, sexual
15                violence, or gender violence, or any other
16                crime of violence and the effects of that
17                violence;
18                    (III) a police or court record; or
19                    (IV) other corroborating evidence.
20        The employee shall choose which document to submit,
21    and the employer shall not request or require more than
22    one document to be submitted.
23            (D) Confidentiality. All information provided to
24        the employer pursuant to subparagraph (C), including a
25        statement of the employee or any other documentation,
26        record, or corroborating evidence, and the fact that

 

 

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1        the employee is not returning to work because of a
2        reason described in subclause (I) or (II) of
3        subparagraph (B)(ii) shall be retained in the
4        strictest confidence by the employer, except to the
5        extent that disclosure is:
6                (i) requested or consented to in writing by
7            the employee; or
8                (ii) otherwise required by applicable federal
9            or State law.
10    (f) Prohibited acts.
11        (1) Interference with rights.
12            (A) Exercise of rights. It shall be unlawful for
13        any employer to interfere with, restrain, or deny the
14        exercise of or the attempt to exercise any right
15        provided under this Section.
16            (B) Employer discrimination. It shall be unlawful
17        for any employer to discharge or harass any
18        individual, or otherwise discriminate against any
19        individual with respect to compensation, terms,
20        conditions, or privileges of employment of the
21        individual (including retaliation in any form or
22        manner) because 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            (C) Public agency sanctions. It shall be unlawful
2        for any public agency to deny, reduce, or terminate
3        the benefits of, otherwise sanction, or harass any
4        individual, or otherwise discriminate against any
5        individual with respect to the amount, terms, or
6        conditions of public assistance of the individual
7        (including retaliation in any form or manner) because
8        the individual:
9                (i) exercised any right provided under this
10            Section; or
11                (ii) opposed any practice made unlawful by
12            this Section.
13        (2) Interference with proceedings or inquiries. It
14    shall be unlawful for any person to discharge or in any
15    other manner discriminate (as described in subparagraph
16    (B) or (C) of paragraph (1)) against any individual
17    because such individual:
18            (A) has filed any charge, or has instituted or
19        caused to be instituted any proceeding, under or
20        related to this Section;
21            (B) has given, or is about to give, any
22        information in connection with any inquiry or
23        proceeding relating to any right provided under this
24        Section; or
25            (C) has testified, or is about to testify, in any
26        inquiry or proceeding relating to any right provided

 

 

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1        under this Section.
2(Source: P.A. 101-221, eff. 1-1-20.)
 
3    (820 ILCS 180/25)
4    Sec. 25. Existing leave usable for addressing domestic
5violence, sexual violence, or gender violence, or any criminal
6violence. An employee who is entitled to take paid or unpaid
7leave (including family, medical, sick, annual, personal, or
8similar leave) from employment, pursuant to federal, State, or
9local law, a collective bargaining agreement, or an employment
10benefits program or plan, may elect to substitute any period
11of such leave for an equivalent period of leave provided under
12Section 20. The employer may not require the employee to
13substitute available paid or unpaid leave for leave provided
14under Section 20.
15(Source: P.A. 101-221, eff. 1-1-20.)
 
16    (820 ILCS 180/30)
17    Sec. 30. Victims' employment sustainability; prohibited
18discriminatory acts.
19    (a) An employer shall not fail to hire, refuse to hire,
20discharge, constructively discharge, or harass any individual,
21otherwise discriminate against any individual with respect to
22the compensation, terms, conditions, or privileges of
23employment of the individual, or retaliate against an
24individual in any form or manner, and a public agency shall not

 

 

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1deny, reduce, or terminate the benefits of, otherwise
2sanction, or harass any individual, otherwise discriminate
3against any individual with respect to the amount, terms, or
4conditions of public assistance of the individual, or
5retaliate against an individual in any form or manner,
6because:
7        (1) the individual involved:
8            (A) is or is perceived to be a victim of domestic
9        violence, sexual violence, or gender violence, or any
10        criminal violence;
11            (B) attended, participated in, prepared for, or
12        requested leave to attend, participate in, or prepare
13        for a criminal or civil court proceeding relating to
14        an incident of domestic violence, sexual violence, or
15        gender violence, or any criminal violence of which the
16        individual or a family or household member of the
17        individual was a victim, or requested or took leave
18        for any other reason provided under Section 20;
19            (C) requested an adjustment to a job structure,
20        workplace facility, or work requirement, including a
21        transfer, reassignment, or modified schedule, leave, a
22        changed telephone number or seating assignment,
23        installation of a lock, or implementation of a safety
24        procedure in response to actual or threatened domestic
25        violence, sexual violence, or gender violence, or any
26        other crime of violence, regardless of whether the

 

 

10200HB3582ham001- 19 -LRB102 15003 JLS 25091 a

1        request was granted; or
2            (D) is an employee whose employer is subject to
3        Section 21 of the Workplace Violence Prevention Act;
4        or
5        (2) the workplace is disrupted or threatened by the
6    action of a person whom the individual states has
7    committed or threatened to commit domestic violence,
8    sexual violence, or gender violence, or any other crime of
9    violence against the individual or the individual's family
10    or household member.
11    (b) In this Section:
12        (1) "Discriminate", used with respect to the terms,
13    conditions, or privileges of employment or with respect to
14    the terms or conditions of public assistance, includes not
15    making a reasonable accommodation to the known limitations
16    resulting from circumstances relating to being a victim of
17    domestic violence, sexual violence, or gender violence, or
18    any criminal violence or a family or household member
19    being a victim of domestic violence, sexual violence, or
20    gender violence, or any other crime of violence of an
21    otherwise qualified individual:
22            (A) who is:
23                (i) an applicant or employee of the employer
24            (including a public agency); or
25                (ii) an applicant for or recipient of public
26            assistance from a public agency; and

 

 

10200HB3582ham001- 20 -LRB102 15003 JLS 25091 a

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

 

 

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

 

 

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1        (4) Undue hardship.
2            (A) In general. "Undue hardship" means an action
3        requiring significant difficulty or expense, when
4        considered in light of the factors set forth in
5        subparagraph (B).
6            (B) Factors to be considered. In determining
7        whether a reasonable accommodation would impose an
8        undue hardship on the operation of an employer or
9        public agency, factors to be considered include:
10                (i) the nature and cost of the reasonable
11            accommodation needed under this Section;
12                (ii) the overall financial resources of the
13            facility involved in the provision of the
14            reasonable accommodation, the number of persons
15            employed at such facility, the effect on expenses
16            and resources, or the impact otherwise of such
17            accommodation on the operation of the facility;
18                (iii) the overall financial resources of the
19            employer or public agency, the overall size of the
20            business of an employer or public agency with
21            respect to the number of employees of the employer
22            or public agency, and the number, type, and
23            location of the facilities of an employer or
24            public agency; and
25                (iv) the type of operation of the employer or
26            public agency, including the composition,

 

 

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1            structure, and functions of the workforce of the
2            employer or public agency, the geographic
3            separateness of the facility from the employer or
4            public agency, and the administrative or fiscal
5            relationship of the facility to the employer or
6            public agency.
7    (c) An employer subject to Section 21 of the Workplace
8Violence Prevention Act shall not violate any provisions of
9the Workplace Violence Prevention Act.
10    (d) Confidentiality. All information provided to the
11employer pursuant to this Section including a statement of the
12employee or any other documentation, record, or corroborating
13evidence, and the fact that the employee has requested or
14obtained an accommodation pursuant to this Section shall be
15retained in the strictest confidence by the employer, except
16to the extent that disclosure is:
17        (1) requested or consented to in writing by the
18    employee; or
19        (2) otherwise required by applicable federal or State
20    law.
21(Source: P.A. 101-221, eff. 1-1-20.)
 
22    (820 ILCS 180/35)
23    Sec. 35. Enforcement.
24    (a) Department of Labor.
25        (1) The Director or his or her authorized

 

 

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

 

 

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1        compensation denied or lost to such individual by
2        reason of the violation, and the interest on that
3        amount calculated at the prevailing rate;
4            (B) such equitable relief as may be appropriate,
5        including but not limited to hiring, reinstatement,
6        promotion, and reasonable accommodations; and
7            (C) reasonable attorney's fees, reasonable expert
8        witness fees, and other costs of the action to be paid
9        by the respondent to a prevailing employee.
10        If the Director finds that there was no violation, he
11    or she shall issue an order denying the complaint. An
12    order issued by the Director under this Section shall be
13    final and subject to judicial review under the
14    Administrative Review Law.
15        (2) The Director shall adopt rules necessary to
16    administer and enforce this Act in accordance with the
17    Illinois Administrative Procedure Act. The Director shall
18    have the powers and the parties shall have the rights
19    provided in the Illinois Administrative Procedure Act for
20    contested cases, including, but not limited to, provisions
21    for depositions, subpoena power and procedures, and
22    discovery and protective order procedures.
23        (3) Intervention. The Attorney General of Illinois may
24    intervene on behalf of the Department if the Department
25    certifies that the case is of general public importance.
26    Upon such intervention the court may award such relief as

 

 

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1    is authorized to be granted to an employee who has filed a
2    complaint or whose representative has filed a complaint
3    under this Section.
4    (b) Refusal to pay damages. Any employer who has been
5ordered by the Director of Labor or the court to pay damages
6under this Section and who fails to do so within 30 days after
7the order is entered is liable to pay a penalty of 1% per
8calendar day to the employee for each day of delay in paying
9the damages to the employee.
10(Source: P.A. 93-591, eff. 8-25-03.)
 
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 gender violence, or any
20    other crime of violence than the rights established under
21    this Act; or
22        (2) leave benefits for a larger population of victims
23    of domestic violence, sexual violence, or gender violence,
24    or any other crime of violence (as defined in such law,
25    agreement, program, or plan) than the victims of domestic

 

 

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1    violence, sexual violence, or gender violence, or any
2    other crime of violence covered under this Act.
3    (b) Less protective laws, agreements, programs, and plans.
4The rights established for employees who are victims of
5domestic violence, sexual violence, or gender violence, or any
6other crime of violence and employees with a family or
7household member who is a victim of domestic violence, sexual
8violence, or gender violence, or any other crime of violence
9under this Act shall not be diminished by any federal, State or
10local law, collective bargaining agreement, or employment
11benefits program or plan.
12(Source: P.A. 101-221, eff. 1-1-20.)".