Full Text of HB2161 103rd General Assembly
HB2161ham001 103RD GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 2/23/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2161
| 2 | | AMENDMENT NO. ______. Amend House Bill 2161 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 1-102, 2-101, and 6-101 as follows: | 6 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 7 | | Sec. 1-102. Declaration of Policy. It is the public | 8 | | policy of this State:
| 9 | | (A) Freedom from Unlawful Discrimination. To secure for | 10 | | all individuals
within Illinois the freedom from | 11 | | discrimination against any individual because
of his or her | 12 | | race, color, religion, sex, national origin, ancestry, age, | 13 | | order of protection status,
marital status, physical or mental | 14 | | disability, military
status, sexual orientation, pregnancy, | 15 | | family responsibilities in employment, or unfavorable
| 16 | | discharge from military service in connection with employment, |
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| 1 | | real estate
transactions, access to financial credit, and the | 2 | | availability of public
accommodations.
| 3 | | (B) Freedom from Sexual Harassment-Employment and | 4 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 5 | | harassment in employment and sexual harassment in
elementary, | 6 | | secondary, and higher education.
| 7 | | (C) Freedom from Discrimination Based on Citizenship | 8 | | Status-Employment.
To prevent discrimination based on | 9 | | citizenship status in employment.
| 10 | | (C-5) Freedom from Discrimination Based on Work | 11 | | Authorization Status-Employment. To prevent discrimination | 12 | | based on the specific status or term of status that | 13 | | accompanies a legal work authorization. | 14 | | (D) Freedom from Discrimination Based on Familial Status | 15 | | or Source of Income-Real Estate
Transactions. To prevent | 16 | | discrimination based on familial status or source of income in | 17 | | real
estate transactions.
| 18 | | (E) Public Health, Welfare and Safety. To promote the | 19 | | public health,
welfare and safety by protecting the interest | 20 | | of all people in Illinois
in maintaining personal dignity, in | 21 | | realizing their full productive
capacities, and in furthering | 22 | | their interests, rights and privileges as
citizens of this | 23 | | State.
| 24 | | (F) Implementation of Constitutional Guarantees. To secure | 25 | | and
guarantee the rights established by Sections 17, 18 and 19 | 26 | | of Article I
of the Illinois Constitution of 1970.
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| 1 | | (G) Equal Opportunity, Affirmative Action. To establish | 2 | | Equal
Opportunity and Affirmative Action as the policies of | 3 | | this State in all
of its decisions, programs and activities, | 4 | | and to assure that all State
departments, boards, commissions | 5 | | and instrumentalities rigorously take
affirmative action to | 6 | | provide equality of opportunity and eliminate the
effects of | 7 | | past discrimination in the internal affairs of State
| 8 | | government and in their relations with the public.
| 9 | | (H) Unfounded Charges. To protect citizens of this State | 10 | | against
unfounded charges of unlawful discrimination, sexual | 11 | | harassment in
employment and sexual harassment in elementary, | 12 | | secondary, and higher education, and discrimination
based on | 13 | | citizenship status or work authorization status in employment.
| 14 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .)
| 15 | | (775 ILCS 5/2-101)
| 16 | | Sec. 2-101. Definitions. The following definitions are | 17 | | applicable
strictly in the context of this Article.
| 18 | | (A) Employee.
| 19 | | (1) "Employee" includes:
| 20 | | (a) Any individual performing services for | 21 | | remuneration within this
State for an employer;
| 22 | | (b) An apprentice;
| 23 | | (c) An applicant for any apprenticeship.
| 24 | | For purposes of subsection (D) of Section 2-102 of | 25 | | this Act, "employee" also includes an unpaid intern. An |
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| 1 | | unpaid intern is a person who performs work for an | 2 | | employer under the following circumstances: | 3 | | (i) the employer is not committed to hiring the | 4 | | person performing the work at the conclusion of the | 5 | | intern's tenure; | 6 | | (ii) the employer and the person performing the | 7 | | work agree that the person is not entitled to wages for | 8 | | the work performed; and | 9 | | (iii) the work performed: | 10 | | (I) supplements training given in an | 11 | | educational environment that may enhance the | 12 | | employability of the intern; | 13 | | (II) provides experience for the benefit of | 14 | | the person performing the work; | 15 | | (III) does not displace regular employees; | 16 | | (IV) is performed under the close supervision | 17 | | of existing staff; and | 18 | | (V) provides no immediate advantage to the | 19 | | employer providing the training and may
| 20 | | occasionally impede the operations of the | 21 | | employer. | 22 | | (2) "Employee" does not include:
| 23 | | (a) (Blank);
| 24 | | (b) Individuals employed by persons who are not | 25 | | "employers" as
defined by this Act;
| 26 | | (c) Elected public officials or the members of |
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| 1 | | their immediate
personal staffs;
| 2 | | (d) Principal administrative officers of the State | 3 | | or of any
political subdivision, municipal corporation | 4 | | or other governmental unit
or agency;
| 5 | | (e) A person in a vocational rehabilitation | 6 | | facility certified under
federal law who has been | 7 | | designated an evaluee, trainee, or work
activity | 8 | | client.
| 9 | | (B) Employer.
| 10 | | (1) "Employer" includes:
| 11 | | (a) Any person employing one or more employees | 12 | | within Illinois during
20 or more calendar weeks | 13 | | within the calendar year of or preceding the alleged
| 14 | | violation;
| 15 | | (b) Any person employing one or more employees | 16 | | when a complainant
alleges civil rights violation due | 17 | | to unlawful discrimination based
upon his or her | 18 | | physical or mental disability unrelated to ability, | 19 | | pregnancy, or
sexual harassment;
| 20 | | (c) The State and any political subdivision, | 21 | | municipal corporation
or other governmental unit or | 22 | | agency, without regard to the number of
employees;
| 23 | | (d) Any party to a public contract without regard | 24 | | to the number of
employees;
| 25 | | (e) A joint apprenticeship or training committee | 26 | | without regard to the
number of employees.
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| 1 | | (2) "Employer" does not include any place of worship, | 2 | | religious corporation,
association, educational | 3 | | institution, society, or non-profit nursing
institution | 4 | | conducted by and for those who rely upon treatment by | 5 | | prayer
through spiritual means in accordance with the | 6 | | tenets of a recognized
church or religious denomination | 7 | | with respect to the employment of
individuals of a | 8 | | particular religion to perform work connected with the
| 9 | | carrying on by such place of worship, corporation, | 10 | | association, educational institution,
society or | 11 | | non-profit nursing institution of its activities.
| 12 | | (C) Employment Agency. "Employment Agency" includes both | 13 | | public and
private employment agencies and any person, labor | 14 | | organization, or labor
union having a hiring hall or hiring | 15 | | office regularly undertaking, with
or without compensation, to | 16 | | procure opportunities to work, or to
procure, recruit, refer | 17 | | or place employees.
| 18 | | (D) Labor Organization. "Labor Organization" includes any
| 19 | | organization, labor union, craft union, or any voluntary | 20 | | unincorporated
association designed to further the cause of | 21 | | the rights of union labor
which is constituted for the | 22 | | purpose, in whole or in part, of collective
bargaining or of | 23 | | dealing with employers concerning grievances, terms or
| 24 | | conditions of employment, or apprenticeships or applications | 25 | | for
apprenticeships, or of other mutual aid or protection in | 26 | | connection with
employment, including apprenticeships or |
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| 1 | | applications for apprenticeships.
| 2 | | (E) Sexual Harassment. "Sexual harassment" means any | 3 | | unwelcome sexual
advances or requests for sexual favors or any | 4 | | conduct of a sexual nature
when (1) submission to such conduct | 5 | | is made either explicitly or implicitly
a term or condition of | 6 | | an individual's employment, (2) submission to or
rejection of | 7 | | such conduct by an individual is used as the basis for
| 8 | | employment decisions affecting such individual, or (3) such | 9 | | conduct has the
purpose or effect of substantially interfering | 10 | | with an individual's work
performance or creating an | 11 | | intimidating, hostile or offensive working
environment.
| 12 | | For purposes of this definition, the phrase "working | 13 | | environment" is not limited to a physical location an employee | 14 | | is assigned to perform his or her duties. | 15 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 16 | | on the basis of an individual's actual or perceived race, | 17 | | color, religion, national origin, ancestry, age, sex, marital | 18 | | status, order of protection status, disability, military | 19 | | status, sexual orientation, pregnancy, unfavorable discharge | 20 | | from military service, citizenship status, or work | 21 | | authorization status , or family responsibilities that has the | 22 | | purpose or effect of substantially interfering with the | 23 | | individual's work performance or creating an intimidating, | 24 | | hostile, or offensive working environment. For purposes of | 25 | | this definition, the phrase "working environment" is not | 26 | | limited to a physical location an employee is assigned to |
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| 1 | | perform his or her duties. | 2 | | (F) Religion. "Religion" with respect to employers | 3 | | includes all
aspects of religious observance and practice, as | 4 | | well as belief, unless an
employer demonstrates that he is | 5 | | unable to reasonably accommodate an
employee's or prospective | 6 | | employee's religious observance or practice
without undue | 7 | | hardship on the conduct of the employer's business.
| 8 | | (G) Public Employer. "Public employer" means the State, an | 9 | | agency or
department thereof, unit of local government, school | 10 | | district,
instrumentality or political subdivision.
| 11 | | (H) Public Employee. "Public employee" means an employee | 12 | | of the State,
agency or department thereof, unit of local | 13 | | government, school district,
instrumentality or political | 14 | | subdivision. "Public employee" does not include
public | 15 | | officers or employees of the General Assembly or agencies | 16 | | thereof.
| 17 | | (I) Public Officer. "Public officer" means a person who is | 18 | | elected to
office pursuant to the Constitution or a statute or | 19 | | ordinance, or who is
appointed to an office which is | 20 | | established, and the qualifications and
duties of which are | 21 | | prescribed, by the Constitution or a statute or
ordinance, to | 22 | | discharge a public duty for the State, agency or department
| 23 | | thereof, unit of local government, school district, | 24 | | instrumentality or
political subdivision.
| 25 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 26 | | prior to contract award or prior to bid opening for State |
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| 1 | | contracts for construction or construction-related services, | 2 | | has filed with the Department a properly completed, sworn and
| 3 | | currently valid employer report form, pursuant to the | 4 | | Department's regulations.
The provisions of this Article | 5 | | relating to eligible bidders apply only
to bids on contracts | 6 | | with the State and its departments, agencies, boards,
and | 7 | | commissions, and the provisions do not apply to bids on | 8 | | contracts with
units of local government or school districts.
| 9 | | (K) Citizenship Status. "Citizenship status" means the | 10 | | status of being:
| 11 | | (1) a born U.S. citizen;
| 12 | | (2) a naturalized U.S. citizen;
| 13 | | (3) a U.S. national; or
| 14 | | (4) a person born outside the United States and not a | 15 | | U.S. citizen who
is lawfully present and who is protected | 16 | | from discrimination under
the provisions of Section 1324b | 17 | | of Title 8 of the United States Code, as
now or hereafter | 18 | | amended.
| 19 | | (L) Work Authorization Status. "Work authorization status" | 20 | | means the status of being a person born outside of the United | 21 | | States, and not a U.S. citizen, who is authorized by the | 22 | | federal government to work in the United States. | 23 | | (M) Family Responsibilities. "Family responsibilities" | 24 | | means an employee's actual or perceived provision of personal | 25 | | care to a family member, whether in the past, present, or | 26 | | future. |
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| 1 | | (N) "Personal care" has the meaning given to that term in | 2 | | the Employee Sick Leave Act. | 3 | | (O) "Family member" has the meaning given to the term | 4 | | "covered family member" in the Employee Sick Leave Act. | 5 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 6 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | 7 | | 5-27-22.) | 8 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 9 | | Sec. 6-101. Additional civil rights violations under | 10 | | Articles 2, 4, 5, and 5A. It is a civil rights
violation for a | 11 | | person, or for 2 or more persons, to conspire to:
| 12 | | (A) Retaliation. Retaliate against a person because he | 13 | | or she has
opposed that which he or she reasonably and in | 14 | | good faith believes to be
unlawful discrimination, sexual | 15 | | harassment in employment, sexual
harassment in elementary, | 16 | | secondary, and higher
education, or discrimination based | 17 | | on arrest record, citizenship status, or work | 18 | | authorization status , or family responsibilities
in | 19 | | employment under Articles 2, 4, 5, and 5A, because he or | 20 | | she has made a charge, filed a complaint,
testified, | 21 | | assisted, or participated in an investigation, proceeding, | 22 | | or
hearing under this Act, or because he or she has | 23 | | requested, attempted to request, used, or attempted to use | 24 | | a reasonable accommodation as allowed by this Act;
| 25 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, |
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| 1 | | or coerce a
person to commit any violation of this Act;
| 2 | | (C) Interference. Wilfully interfere with the | 3 | | performance of a duty
or the exercise of a power by the | 4 | | Commission or one of its members or
representatives or the | 5 | | Department or one of its officers or employees.
| 6 | | Definitions. For the purposes of this Section, "sexual
| 7 | | harassment", "citizenship status", and "work authorization | 8 | | status" , and "family responsibilities" shall have the same | 9 | | meaning as defined in
Section 2-101 of this Act.
| 10 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | 11 | | 102-813, eff. 5-13-22.)".
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