Full Text of HB2161 103rd General Assembly
HB2161 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2161 Introduced 2/7/2023, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/1-102 | from Ch. 68, par. 1-102 | 775 ILCS 5/2-101 | | 775 ILCS 5/2-102 | from Ch. 68, par. 2-102 | 775 ILCS 5/6-101 | from Ch. 68, par. 6-101 |
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Amends the Illinois Human Rights Act. Provides that it is the public policy of the State to prevent discrimination based on family responsibilities in employment. Defines "family responsibilities" as an employee's actual or perceived provision of care to a family member, whether in the past, present, or future. Provides that it is a civil rights violation for: (1) any employer to refuse to hire, to segregate, to engage in harassment, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of family responsibilities; (2) any employment agency to fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of family responsibilities; and (3) any labor organization to limit, segregate, or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment, or apprenticeship conditions on the basis of family responsibilities. Provides that it is a civil rights violation for a person, or for 2 or more persons, to conspire to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be discrimination based on family responsibilities. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 1-102, 2-101, 2-102, and 6-101 as follows: | 6 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 7 | | (Text of Section before amendment by P.A. 102-896 ) | 8 | | Sec. 1-102. Declaration of Policy. It is the public | 9 | | policy of this State:
| 10 | | (A) Freedom from Unlawful Discrimination. To secure for | 11 | | all individuals
within Illinois the freedom from | 12 | | discrimination against any individual because
of his or her | 13 | | race, color, religion, sex, national origin, ancestry, age, | 14 | | order of protection status,
marital status, physical or mental | 15 | | disability, military
status, sexual orientation, pregnancy, or | 16 | | unfavorable
discharge from military service in connection with | 17 | | employment, real estate
transactions, access to financial | 18 | | credit, and the availability of public
accommodations.
| 19 | | (B) Freedom from Sexual Harassment-Employment and | 20 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 21 | | harassment in employment and sexual harassment in
elementary, | 22 | | secondary, and higher education.
| 23 | | (C) Freedom from Discrimination Based on Citizenship |
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| 1 | | Status-Employment.
To prevent discrimination based on | 2 | | citizenship status in employment.
| 3 | | (C-5) Freedom from Discrimination Based on Work | 4 | | Authorization Status-Employment. To prevent discrimination | 5 | | based on the specific status or term of status that | 6 | | accompanies a legal work authorization. | 7 | | (D) Freedom from Discrimination Based on Familial | 8 | | Status-Real Estate
Transactions. To prevent discrimination | 9 | | based on familial status in real
estate transactions.
| 10 | | (E) Public Health, Welfare and Safety. To promote the | 11 | | public health,
welfare and safety by protecting the interest | 12 | | of all people in Illinois
in maintaining personal dignity, in | 13 | | realizing their full productive
capacities, and in furthering | 14 | | their interests, rights and privileges as
citizens of this | 15 | | State.
| 16 | | (F) Implementation of Constitutional Guarantees. To secure | 17 | | and
guarantee the rights established by Sections 17, 18 and 19 | 18 | | of Article I
of the Illinois Constitution of 1970.
| 19 | | (G) Equal Opportunity, Affirmative Action. To establish | 20 | | Equal
Opportunity and Affirmative Action as the policies of | 21 | | this State in all
of its decisions, programs and activities, | 22 | | and to assure that all State
departments, boards, commissions | 23 | | and instrumentalities rigorously take
affirmative action to | 24 | | provide equality of opportunity and eliminate the
effects of | 25 | | past discrimination in the internal affairs of State
| 26 | | government and in their relations with the public.
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| 1 | | (H) Unfounded Charges. To protect citizens of this State | 2 | | against
unfounded charges of unlawful discrimination, sexual | 3 | | harassment in
employment and sexual harassment in elementary, | 4 | | secondary, and higher education, and discrimination
based on | 5 | | citizenship status or work authorization status in employment.
| 6 | | (Source: P.A. 102-233, eff. 8-2-21.)
| 7 | | (Text of Section after amendment by P.A. 102-896 ) | 8 | | Sec. 1-102. Declaration of Policy. It is the public | 9 | | policy of this State:
| 10 | | (A) Freedom from Unlawful Discrimination. To secure for | 11 | | all individuals
within Illinois the freedom from | 12 | | discrimination against any individual because
of his or her | 13 | | race, color, religion, sex, national origin, ancestry, age, | 14 | | order of protection status,
marital status, physical or mental | 15 | | disability, military
status, sexual orientation, pregnancy, or | 16 | | unfavorable
discharge from military service in connection with | 17 | | employment, real estate
transactions, access to financial | 18 | | credit, and the availability of public
accommodations.
| 19 | | (B) Freedom from Sexual Harassment-Employment and | 20 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 21 | | harassment in employment and sexual harassment in
elementary, | 22 | | secondary, and higher education.
| 23 | | (C) Freedom from Discrimination Based on Citizenship | 24 | | Status-Employment.
To prevent discrimination based on | 25 | | citizenship status in employment.
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| 1 | | (C-5) Freedom from Discrimination Based on Work | 2 | | Authorization Status-Employment. To prevent discrimination | 3 | | based on the specific status or term of status that | 4 | | accompanies a legal work authorization. | 5 | | (C-10) Freedom from Discrimination Based on Family | 6 | | Responsibilities-Employment. To prevent discrimination based | 7 | | on family responsibilities in employment. | 8 | | (D) Freedom from Discrimination Based on Familial Status | 9 | | or Source of Income-Real Estate
Transactions. To prevent | 10 | | discrimination based on familial status or source of income in | 11 | | real
estate transactions.
| 12 | | (E) Public Health, Welfare and Safety. To promote the | 13 | | public health,
welfare and safety by protecting the interest | 14 | | of all people in Illinois
in maintaining personal dignity, in | 15 | | realizing their full productive
capacities, and in furthering | 16 | | their interests, rights and privileges as
citizens of this | 17 | | State.
| 18 | | (F) Implementation of Constitutional Guarantees. To secure | 19 | | and
guarantee the rights established by Sections 17, 18 and 19 | 20 | | of Article I
of the Illinois Constitution of 1970.
| 21 | | (G) Equal Opportunity, Affirmative Action. To establish | 22 | | Equal
Opportunity and Affirmative Action as the policies of | 23 | | this State in all
of its decisions, programs and activities, | 24 | | and to assure that all State
departments, boards, commissions | 25 | | and instrumentalities rigorously take
affirmative action to | 26 | | provide equality of opportunity and eliminate the
effects of |
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| 1 | | past discrimination in the internal affairs of State
| 2 | | government and in their relations with the public.
| 3 | | (H) Unfounded Charges. To protect citizens of this State | 4 | | against
unfounded charges of unlawful discrimination, sexual | 5 | | harassment in
employment and sexual harassment in elementary, | 6 | | secondary, and higher education, and discrimination
based on | 7 | | citizenship status , or work authorization status , or family | 8 | | responsibilities in employment.
| 9 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
| 10 | | (775 ILCS 5/2-101)
| 11 | | Sec. 2-101. Definitions. The following definitions are | 12 | | applicable
strictly in the context of this Article.
| 13 | | (A) Employee.
| 14 | | (1) "Employee" includes:
| 15 | | (a) Any individual performing services for | 16 | | remuneration within this
State for an employer;
| 17 | | (b) An apprentice;
| 18 | | (c) An applicant for any apprenticeship.
| 19 | | For purposes of subsection (D) of Section 2-102 of | 20 | | this Act, "employee" also includes an unpaid intern. An | 21 | | unpaid intern is a person who performs work for an | 22 | | employer under the following circumstances: | 23 | | (i) the employer is not committed to hiring the | 24 | | person performing the work at the conclusion of the | 25 | | intern's tenure; |
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| 1 | | (ii) the employer and the person performing the | 2 | | work agree that the person is not entitled to wages for | 3 | | the work performed; and | 4 | | (iii) the work performed: | 5 | | (I) supplements training given in an | 6 | | educational environment that may enhance the | 7 | | employability of the intern; | 8 | | (II) provides experience for the benefit of | 9 | | the person performing the work; | 10 | | (III) does not displace regular employees; | 11 | | (IV) is performed under the close supervision | 12 | | of existing staff; and | 13 | | (V) provides no immediate advantage to the | 14 | | employer providing the training and may
| 15 | | occasionally impede the operations of the | 16 | | employer. | 17 | | (2) "Employee" does not include:
| 18 | | (a) (Blank);
| 19 | | (b) Individuals employed by persons who are not | 20 | | "employers" as
defined by this Act;
| 21 | | (c) Elected public officials or the members of | 22 | | their immediate
personal staffs;
| 23 | | (d) Principal administrative officers of the State | 24 | | or of any
political subdivision, municipal corporation | 25 | | or other governmental unit
or agency;
| 26 | | (e) A person in a vocational rehabilitation |
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| 1 | | facility certified under
federal law who has been | 2 | | designated an evaluee, trainee, or work
activity | 3 | | client.
| 4 | | (B) Employer.
| 5 | | (1) "Employer" includes:
| 6 | | (a) Any person employing one or more employees | 7 | | within Illinois during
20 or more calendar weeks | 8 | | within the calendar year of or preceding the alleged
| 9 | | violation;
| 10 | | (b) Any person employing one or more employees | 11 | | when a complainant
alleges civil rights violation due | 12 | | to unlawful discrimination based
upon his or her | 13 | | physical or mental disability unrelated to ability, | 14 | | pregnancy, or
sexual harassment;
| 15 | | (c) The State and any political subdivision, | 16 | | municipal corporation
or other governmental unit or | 17 | | agency, without regard to the number of
employees;
| 18 | | (d) Any party to a public contract without regard | 19 | | to the number of
employees;
| 20 | | (e) A joint apprenticeship or training committee | 21 | | without regard to the
number of employees.
| 22 | | (2) "Employer" does not include any place of worship, | 23 | | religious corporation,
association, educational | 24 | | institution, society, or non-profit nursing
institution | 25 | | conducted by and for those who rely upon treatment by | 26 | | prayer
through spiritual means in accordance with the |
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| 1 | | tenets of a recognized
church or religious denomination | 2 | | with respect to the employment of
individuals of a | 3 | | particular religion to perform work connected with the
| 4 | | carrying on by such place of worship, corporation, | 5 | | association, educational institution,
society or | 6 | | non-profit nursing institution of its activities.
| 7 | | (C) Employment Agency. "Employment Agency" includes both | 8 | | public and
private employment agencies and any person, labor | 9 | | organization, or labor
union having a hiring hall or hiring | 10 | | office regularly undertaking, with
or without compensation, to | 11 | | procure opportunities to work, or to
procure, recruit, refer | 12 | | or place employees.
| 13 | | (D) Labor Organization. "Labor Organization" includes any
| 14 | | organization, labor union, craft union, or any voluntary | 15 | | unincorporated
association designed to further the cause of | 16 | | the rights of union labor
which is constituted for the | 17 | | purpose, in whole or in part, of collective
bargaining or of | 18 | | dealing with employers concerning grievances, terms or
| 19 | | conditions of employment, or apprenticeships or applications | 20 | | for
apprenticeships, or of other mutual aid or protection in | 21 | | connection with
employment, including apprenticeships or | 22 | | applications for apprenticeships.
| 23 | | (E) Sexual Harassment. "Sexual harassment" means any | 24 | | unwelcome sexual
advances or requests for sexual favors or any | 25 | | conduct of a sexual nature
when (1) submission to such conduct | 26 | | is made either explicitly or implicitly
a term or condition of |
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| 1 | | an individual's employment, (2) submission to or
rejection of | 2 | | such conduct by an individual is used as the basis for
| 3 | | employment decisions affecting such individual, or (3) such | 4 | | conduct has the
purpose or effect of substantially interfering | 5 | | with an individual's work
performance or creating an | 6 | | intimidating, hostile or offensive working
environment.
| 7 | | For purposes of this definition, the phrase "working | 8 | | environment" is not limited to a physical location an employee | 9 | | is assigned to perform his or her duties. | 10 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 11 | | on the basis of an individual's actual or perceived race, | 12 | | color, religion, national origin, ancestry, age, sex, marital | 13 | | status, order of protection status, disability, military | 14 | | status, sexual orientation, pregnancy, unfavorable discharge | 15 | | from military service, citizenship status, or work | 16 | | authorization status , or family responsibilities that has the | 17 | | purpose or effect of substantially interfering with the | 18 | | individual's work performance or creating an intimidating, | 19 | | hostile, or offensive working environment. For purposes of | 20 | | this definition, the phrase "working environment" is not | 21 | | limited to a physical location an employee is assigned to | 22 | | perform his or her duties. | 23 | | (F) Religion. "Religion" with respect to employers | 24 | | includes all
aspects of religious observance and practice, as | 25 | | well as belief, unless an
employer demonstrates that he is | 26 | | unable to reasonably accommodate an
employee's or prospective |
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| 1 | | employee's religious observance or practice
without undue | 2 | | hardship on the conduct of the employer's business.
| 3 | | (G) Public Employer. "Public employer" means the State, an | 4 | | agency or
department thereof, unit of local government, school | 5 | | district,
instrumentality or political subdivision.
| 6 | | (H) Public Employee. "Public employee" means an employee | 7 | | of the State,
agency or department thereof, unit of local | 8 | | government, school district,
instrumentality or political | 9 | | subdivision. "Public employee" does not include
public | 10 | | officers or employees of the General Assembly or agencies | 11 | | thereof.
| 12 | | (I) Public Officer. "Public officer" means a person who is | 13 | | elected to
office pursuant to the Constitution or a statute or | 14 | | ordinance, or who is
appointed to an office which is | 15 | | established, and the qualifications and
duties of which are | 16 | | prescribed, by the Constitution or a statute or
ordinance, to | 17 | | discharge a public duty for the State, agency or department
| 18 | | thereof, unit of local government, school district, | 19 | | instrumentality or
political subdivision.
| 20 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 21 | | prior to contract award or prior to bid opening for State | 22 | | contracts for construction or construction-related services, | 23 | | has filed with the Department a properly completed, sworn and
| 24 | | currently valid employer report form, pursuant to the | 25 | | Department's regulations.
The provisions of this Article | 26 | | relating to eligible bidders apply only
to bids on contracts |
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| 1 | | with the State and its departments, agencies, boards,
and | 2 | | commissions, and the provisions do not apply to bids on | 3 | | contracts with
units of local government or school districts.
| 4 | | (K) Citizenship Status. "Citizenship status" means the | 5 | | status of being:
| 6 | | (1) a born U.S. citizen;
| 7 | | (2) a naturalized U.S. citizen;
| 8 | | (3) a U.S. national; or
| 9 | | (4) a person born outside the United States and not a | 10 | | U.S. citizen who
is lawfully present and who is protected | 11 | | from discrimination under
the provisions of Section 1324b | 12 | | of Title 8 of the United States Code, as
now or hereafter | 13 | | amended.
| 14 | | (L) Work Authorization Status. "Work authorization status" | 15 | | means the status of being a person born outside of the United | 16 | | States, and not a U.S. citizen, who is authorized by the | 17 | | federal government to work in the United States. | 18 | | (M) Family Responsibilities. "Family responsibilities" | 19 | | means an employee's actual or perceived provision of care to a | 20 | | family member, whether in the past, present, or future. | 21 | | (N) Care. "Care" means medical care, psychological | 22 | | comfort, supervision, activities of daily living, | 23 | | transportation, grocery or pharmacy shopping, meal | 24 | | preparation, financial management, financial support, | 25 | | communication with health care professionals, management of | 26 | | changes in care or living arrangements, and other |
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| 1 | | responsibilities of similar importance to daily living. | 2 | | (O) Family Member. "Family member" means: | 3 | | (1) an individual related to the employee by blood, | 4 | | marriage, adoption, foster care or legal custody, | 5 | | including an individual related to the employee's spouse; | 6 | | (2) an individual whose close association with the | 7 | | employee is the equivalent of a family relationship; or | 8 | | (3) an individual who relies on the employee for care. | 9 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 10 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | 11 | | 5-27-22.)
| 12 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 13 | | Sec. 2-102. Civil rights violations - employment. It is a | 14 | | civil
rights violation:
| 15 | | (A) Employers. For any employer to refuse to hire, to | 16 | | segregate, to engage in harassment as defined in | 17 | | subsection (E-1) of Section 2-101, or
to act with respect | 18 | | to recruitment, hiring, promotion, renewal of employment,
| 19 | | selection for training or apprenticeship, discharge, | 20 | | discipline, tenure or
terms, privileges or conditions of | 21 | | employment on the basis of unlawful
discrimination, | 22 | | citizenship status, or work authorization status , or | 23 | | family responsibilities . An employer is responsible for | 24 | | harassment by the employer's nonmanagerial and | 25 | | nonsupervisory employees only if the employer becomes |
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| 1 | | aware of the conduct and fails to take reasonable | 2 | | corrective measures.
| 3 | | (A-5) Language. For an employer to impose a | 4 | | restriction that has the
effect of prohibiting a language | 5 | | from being spoken by an employee in
communications that | 6 | | are unrelated to the employee's duties.
| 7 | | For the purposes of this subdivision (A-5), "language" | 8 | | means a person's
native tongue, such as Polish, Spanish, | 9 | | or
Chinese.
"Language" does not include such things as | 10 | | slang, jargon, profanity, or
vulgarity.
| 11 | | (A-10) Harassment of nonemployees. For any employer, | 12 | | employment agency, or labor organization to engage in | 13 | | harassment of nonemployees in the workplace. An employer | 14 | | is responsible for harassment of nonemployees by the | 15 | | employer's nonmanagerial and nonsupervisory employees only | 16 | | if the employer becomes aware of the conduct and fails to | 17 | | take reasonable corrective measures. For the purposes of | 18 | | this subdivision (A-10), "nonemployee" means a person who | 19 | | is not otherwise an employee of the employer and is | 20 | | directly performing services for the employer pursuant to | 21 | | a contract with that employer. "Nonemployee" includes | 22 | | contractors and consultants. This subdivision applies to | 23 | | harassment occurring on or after the effective date of | 24 | | this amendatory Act of the 101st General Assembly. | 25 | | (B) Employment agency. For any employment agency to | 26 | | fail or refuse
to classify properly, accept applications |
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| 1 | | and register for employment
referral or apprenticeship | 2 | | referral, refer for employment, or refer for
| 3 | | apprenticeship on the basis of unlawful discrimination, | 4 | | citizenship
status, or work authorization status , or | 5 | | family responsibilities or to accept from any person any | 6 | | job order, requisition or request
for referral of | 7 | | applicants for employment or apprenticeship which makes or
| 8 | | has the effect of making unlawful discrimination or | 9 | | discrimination on the
basis of citizenship status , or work | 10 | | authorization status , or family responsibilities a | 11 | | condition of referral.
| 12 | | (C) Labor organization. For any labor organization to | 13 | | limit,
segregate or classify its membership, or to limit | 14 | | employment
opportunities, selection and training for | 15 | | apprenticeship in any trade or
craft, or otherwise to | 16 | | take, or fail to take, any action which affects
adversely | 17 | | any person's status as an employee or as an applicant for
| 18 | | employment or as an apprentice, or as an applicant for | 19 | | apprenticeships,
or wages, tenure, hours of employment or | 20 | | apprenticeship conditions on the
basis of unlawful | 21 | | discrimination, citizenship status, or work authorization | 22 | | status , or family responsibilities .
| 23 | | (D) Sexual harassment. For any employer, employee, | 24 | | agent of any employer,
employment agency or labor | 25 | | organization to engage in sexual harassment;
provided, | 26 | | that an employer shall be responsible for sexual |
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| 1 | | harassment
of the employer's employees by nonemployees or | 2 | | nonmanagerial and nonsupervisory
employees only if the | 3 | | employer becomes aware of the conduct and fails to
take | 4 | | reasonable corrective measures.
| 5 | | (D-5) Sexual harassment of nonemployees. For any | 6 | | employer, employee, agent of any employer, employment | 7 | | agency, or labor organization to engage in sexual | 8 | | harassment of nonemployees in the workplace. An employer | 9 | | is responsible for sexual harassment of nonemployees by | 10 | | the employer's nonmanagerial and nonsupervisory employees | 11 | | only if the employer becomes aware of the conduct and | 12 | | fails to take reasonable corrective measures. For the | 13 | | purposes of this subdivision (D-5), "nonemployee" means a | 14 | | person who is not otherwise an employee of the employer | 15 | | and is directly performing services for the employer | 16 | | pursuant to a contract with that employer. "Nonemployee" | 17 | | includes contractors and consultants. This subdivision | 18 | | applies to sexual harassment occurring on or after the | 19 | | effective date of this amendatory Act of the 101st General | 20 | | Assembly. | 21 | | (E) Public employers. For any public employer to | 22 | | refuse to permit a
public employee under its jurisdiction | 23 | | who takes time off from work in
order to practice his or | 24 | | her religious beliefs to engage in work, during hours
| 25 | | other than such employee's regular working hours, | 26 | | consistent with the
operational needs of the employer and |
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| 1 | | in order to compensate for work time
lost for such | 2 | | religious reasons. Any employee who elects such deferred
| 3 | | work shall be compensated at the wage rate which he or she | 4 | | would have
earned during the originally scheduled work | 5 | | period. The employer may
require that an employee who | 6 | | plans to take time off from work in order to
practice his | 7 | | or her religious beliefs provide the employer with a | 8 | | notice of
his or her intention to be absent from work not | 9 | | exceeding 5 days prior to
the date of absence.
| 10 | | (E-5) Religious discrimination. For any employer to | 11 | | impose upon a person as a condition of obtaining or | 12 | | retaining employment, including opportunities for | 13 | | promotion, advancement, or transfer, any terms or | 14 | | conditions that would require such person to violate or | 15 | | forgo a sincerely held practice of his or her religion | 16 | | including, but not limited to, the wearing of any attire, | 17 | | clothing, or facial hair in accordance with the | 18 | | requirements of his or her religion, unless, after | 19 | | engaging in a bona fide effort, the employer demonstrates | 20 | | that it is unable to reasonably accommodate the employee's | 21 | | or prospective employee's sincerely held religious belief, | 22 | | practice, or observance without undue hardship on the | 23 | | conduct of the employer's business. | 24 | | Nothing in this Section prohibits an employer from | 25 | | enacting a dress code or grooming policy that may include | 26 | | restrictions on attire, clothing, or facial hair to |
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| 1 | | maintain workplace safety or food sanitation. | 2 | | (F) Training and apprenticeship programs. For any | 3 | | employer,
employment agency or labor organization to | 4 | | discriminate against a person on
the basis of age in the | 5 | | selection, referral for or conduct of apprenticeship
or | 6 | | training programs.
| 7 | | (G) Immigration-related practices. | 8 | | (1) for an employer to request for
purposes of | 9 | | satisfying the requirements of Section 1324a(b) of | 10 | | Title 8 of
the United States Code, as now or hereafter | 11 | | amended, more or different
documents than are required | 12 | | under such Section or to refuse to honor
documents | 13 | | tendered that on their face reasonably appear to be | 14 | | genuine or to refuse to honor work authorization based | 15 | | upon the specific status or term of status that | 16 | | accompanies the authorization to work; or
| 17 | | (2) for an employer participating in the E-Verify | 18 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 19 | | Programs for Employment Eligibility Confirmation | 20 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 21 | | refuse to hire, to segregate, or to act with respect to | 22 | | recruitment, hiring, promotion, renewal of employment, | 23 | | selection for training or apprenticeship, discharge, | 24 | | discipline, tenure or terms, privileges or conditions | 25 | | of employment without following the procedures under | 26 | | the E-Verify Program. |
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| 1 | | (H) (Blank).
| 2 | | (I) Pregnancy. For an employer to refuse to hire, to | 3 | | segregate, or to act with respect to recruitment, hiring, | 4 | | promotion, renewal of employment, selection for training | 5 | | or apprenticeship, discharge, discipline, tenure or terms, | 6 | | privileges or conditions of employment on the basis of | 7 | | pregnancy, childbirth, or medical or common conditions | 8 | | related to pregnancy or childbirth. Women affected by | 9 | | pregnancy, childbirth, or medical or common conditions | 10 | | related to pregnancy or childbirth shall be treated the | 11 | | same for all employment-related purposes, including | 12 | | receipt of benefits under fringe benefit programs, as | 13 | | other persons not so affected but similar in their ability | 14 | | or inability to work, regardless of the source of the | 15 | | inability to work or employment classification or status. | 16 | | (J) Pregnancy; reasonable accommodations. | 17 | | (1) If after a job applicant or employee, | 18 | | including a part-time, full-time, or probationary | 19 | | employee, requests a reasonable accommodation, for an | 20 | | employer to not make reasonable accommodations for any | 21 | | medical or common condition of a job applicant or | 22 | | employee related to pregnancy or childbirth, unless | 23 | | the employer can demonstrate that the accommodation | 24 | | would impose an undue hardship on the ordinary | 25 | | operation of the business of the employer. The | 26 | | employer may request documentation from the employee's |
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| 1 | | health care provider concerning the need for the | 2 | | requested reasonable accommodation or accommodations | 3 | | to the same extent documentation is requested for | 4 | | conditions related to disability if the employer's | 5 | | request for documentation is job-related and | 6 | | consistent with business necessity. The employer may | 7 | | require only the medical justification for the | 8 | | requested accommodation or accommodations, a | 9 | | description of the reasonable accommodation or | 10 | | accommodations medically advisable, the date the | 11 | | reasonable accommodation or accommodations became | 12 | | medically advisable, and the probable duration of the | 13 | | reasonable accommodation or accommodations. It is the | 14 | | duty of the individual seeking a reasonable | 15 | | accommodation or accommodations to submit to the | 16 | | employer any documentation that is requested in | 17 | | accordance with this paragraph. Notwithstanding the | 18 | | provisions of this paragraph, the employer may require | 19 | | documentation by the employee's health care provider | 20 | | to determine compliance with other laws. The employee | 21 | | and employer shall engage in a timely, good faith, and | 22 | | meaningful exchange to determine effective reasonable | 23 | | accommodations. | 24 | | (2) For an employer to deny employment | 25 | | opportunities or benefits to or take adverse action | 26 | | against an otherwise qualified job applicant or |
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| 1 | | employee, including a part-time, full-time, or | 2 | | probationary employee, if the denial or adverse action | 3 | | is based on the need of the employer to make reasonable | 4 | | accommodations to the known medical or common | 5 | | conditions related to the pregnancy or childbirth of | 6 | | the applicant or employee. | 7 | | (3) For an employer to require a job applicant or | 8 | | employee, including a part-time, full-time, or | 9 | | probationary employee, affected by pregnancy, | 10 | | childbirth, or medical or common conditions related to | 11 | | pregnancy or childbirth to accept an accommodation | 12 | | when the applicant or employee did not request an | 13 | | accommodation and the applicant or employee chooses | 14 | | not to accept the employer's accommodation. | 15 | | (4) For an employer to require an employee, | 16 | | including a part-time, full-time, or probationary | 17 | | employee, to take leave under any leave law or policy | 18 | | of the employer if another reasonable accommodation | 19 | | can be provided to the known medical or common | 20 | | conditions related to the pregnancy or childbirth of | 21 | | an employee. No employer shall fail or refuse to | 22 | | reinstate the employee affected by pregnancy, | 23 | | childbirth, or medical or common conditions related to | 24 | | pregnancy or childbirth to her original job or to an | 25 | | equivalent position with equivalent pay and | 26 | | accumulated seniority, retirement, fringe benefits, |
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| 1 | | and other applicable service credits upon her | 2 | | signifying her intent to return or when her need for | 3 | | reasonable accommodation ceases, unless the employer | 4 | | can demonstrate that the accommodation would impose an | 5 | | undue hardship on the ordinary operation of the | 6 | | business of the employer. | 7 | | For the purposes of this subdivision (J), "reasonable | 8 | | accommodations" means reasonable modifications or | 9 | | adjustments to the job application process or work | 10 | | environment, or to the manner or circumstances under which | 11 | | the position desired or held is customarily performed, | 12 | | that enable an applicant or employee affected by | 13 | | pregnancy, childbirth, or medical or common conditions | 14 | | related to pregnancy or childbirth to be considered for | 15 | | the position the applicant desires or to perform the | 16 | | essential functions of that position, and may include, but | 17 | | is not limited to: more frequent or longer bathroom | 18 | | breaks, breaks for increased water intake, and breaks for | 19 | | periodic rest; private non-bathroom space for expressing | 20 | | breast milk and breastfeeding; seating; assistance with | 21 | | manual labor; light duty; temporary transfer to a less | 22 | | strenuous or hazardous position; the provision of an | 23 | | accessible worksite; acquisition or modification of | 24 | | equipment; job restructuring; a part-time or modified work | 25 | | schedule; appropriate adjustment or modifications of | 26 | | examinations, training materials, or policies; |
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| 1 | | reassignment to a vacant position; time off to recover | 2 | | from conditions related to childbirth; and leave | 3 | | necessitated by pregnancy, childbirth, or medical or | 4 | | common conditions resulting from pregnancy or childbirth. | 5 | | For the purposes of this subdivision (J), "undue | 6 | | hardship" means an action that is prohibitively expensive | 7 | | or disruptive when considered in light of the following | 8 | | factors: (i) the nature and cost of the accommodation | 9 | | needed; (ii) the overall financial resources of the | 10 | | facility or facilities involved in the provision of the | 11 | | reasonable accommodation, the number of persons employed | 12 | | at the facility, the effect on expenses and resources, or | 13 | | the impact otherwise of the accommodation upon the | 14 | | operation of the facility; (iii) the overall financial | 15 | | resources of the employer, the overall size of the | 16 | | business of the employer with respect to the number of its | 17 | | employees, and the number, type, and location of its | 18 | | facilities; and (iv) the type of operation or operations | 19 | | of the employer, including the composition, structure, and | 20 | | functions of the workforce of the employer, the geographic | 21 | | separateness, administrative, or fiscal relationship of | 22 | | the facility or facilities in question to the employer. | 23 | | The employer has the burden of proving undue hardship. The | 24 | | fact that the employer provides or would be required to | 25 | | provide a similar accommodation to similarly situated | 26 | | employees creates a rebuttable presumption that the |
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| 1 | | accommodation does not impose an undue hardship on the | 2 | | employer. | 3 | | No employer is required by this subdivision (J) to | 4 | | create additional employment that the employer would not | 5 | | otherwise have created, unless the employer does so or | 6 | | would do so for other classes of employees who need | 7 | | accommodation. The employer is not required to discharge | 8 | | any employee, transfer any employee with more seniority, | 9 | | or promote any employee who is not qualified to perform | 10 | | the job, unless the employer does so or would do so to | 11 | | accommodate other classes of employees who need it. | 12 | | (K) Notice. | 13 | | (1) For an employer to fail to post or keep posted | 14 | | in a conspicuous location on the premises of the | 15 | | employer where notices to employees are customarily | 16 | | posted, or fail to include in any employee handbook | 17 | | information concerning an employee's rights under this | 18 | | Article, a notice, to be prepared or approved by the | 19 | | Department, summarizing the requirements of this | 20 | | Article and information pertaining to the filing of a | 21 | | charge, including the right to be free from unlawful | 22 | | discrimination, the right to be free from sexual | 23 | | harassment, and the right to certain reasonable | 24 | | accommodations. The Department shall make the | 25 | | documents required under this paragraph available for | 26 | | retrieval from the Department's website. |
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| 1 | | (2) Upon notification of a violation of paragraph | 2 | | (1) of this subdivision (K), the Department may launch | 3 | | a preliminary investigation. If the Department finds a | 4 | | violation, the Department may issue a notice to show | 5 | | cause giving the employer 30 days to correct the | 6 | | violation. If the violation is not corrected, the | 7 | | Department may initiate a charge of a civil rights | 8 | | violation. | 9 | | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
| 10 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 11 | | Sec. 6-101. Additional civil rights violations under | 12 | | Articles 2, 4, 5, and 5A. It is a civil rights
violation for a | 13 | | person, or for 2 or more persons, to conspire to:
| 14 | | (A) Retaliation. Retaliate against a person because he | 15 | | or she has
opposed that which he or she reasonably and in | 16 | | good faith believes to be
unlawful discrimination, sexual | 17 | | harassment in employment, sexual
harassment in elementary, | 18 | | secondary, and higher
education, or discrimination based | 19 | | on arrest record, citizenship status, or work | 20 | | authorization status , or family responsibilities
in | 21 | | employment under Articles 2, 4, 5, and 5A, because he or | 22 | | she has made a charge, filed a complaint,
testified, | 23 | | assisted, or participated in an investigation, proceeding, | 24 | | or
hearing under this Act, or because he or she has | 25 | | requested, attempted to request, used, or attempted to use |
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| 1 | | a reasonable accommodation as allowed by this Act;
| 2 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, | 3 | | or coerce a
person to commit any violation of this Act;
| 4 | | (C) Interference. Wilfully interfere with the | 5 | | performance of a duty
or the exercise of a power by the | 6 | | Commission or one of its members or
representatives or the | 7 | | Department or one of its officers or employees.
| 8 | | Definitions. For the purposes of this Section, "sexual
| 9 | | harassment", "citizenship status", and "work authorization | 10 | | status" , and "family responsibilities" shall have the same | 11 | | meaning as defined in
Section 2-101 of this Act.
| 12 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | 13 | | 102-813, eff. 5-13-22.)
| 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act.
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