SB2616 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2616

 

Introduced 10/24/2023, by Sen. Natalie Toro

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/2-101
775 ILCS 5/6-101  from Ch. 68, par. 6-101

    Amends the Illinois Human Rights Act. Provides that it is the public policy of the State to secure for all individuals the freedom from discrimination against any individual because of his or her family responsibilities in employment. Provides that it is a civil rights violation for a person, or 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. Changes the definition of "harassment" to include any unwelcome conduct on the basis of an individual's actual or perceived family responsibilities. Defines "family responsibilities" as an employee's actual or perceived provision of personal care to a family member. Defines "personal care" and "family member".


LRB103 34532 LNS 64366 b

 

 

A BILL FOR

 

SB2616LRB103 34532 LNS 64366 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing 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
8policy of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for
10all individuals within Illinois the freedom from
11discrimination against any individual because of his or her
12race, color, religion, sex, national origin, ancestry, age,
13order of protection status, marital status, physical or mental
14disability, military status, sexual orientation, pregnancy,
15family responsibilities in employment, or unfavorable
16discharge from military service in connection with employment,
17real estate transactions, access to financial credit, and the
18availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship

 

 

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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial Status
8or Source of Income-Real Estate Transactions. To prevent
9discrimination based on familial status or source of income in
10real estate transactions.
11    (E) Public Health, Welfare and Safety. To promote the
12public health, welfare and safety by protecting the interest
13of all people in Illinois in maintaining personal dignity, in
14realizing their full productive capacities, and in furthering
15their interests, rights and privileges as citizens of this
16State.
17    (F) Implementation of Constitutional Guarantees. To secure
18and guarantee the rights established by Sections 17, 18 and 19
19of Article I of the Illinois Constitution of 1970.
20    (G) Equal Opportunity, Affirmative Action. To establish
21Equal Opportunity and Affirmative Action as the policies of
22this State in all of its decisions, programs and activities,
23and to assure that all State departments, boards, commissions
24and instrumentalities rigorously take affirmative action to
25provide equality of opportunity and eliminate the effects of
26past discrimination in the internal affairs of State

 

 

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1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of unlawful discrimination, sexual
4harassment in employment and sexual harassment in elementary,
5secondary, and higher education, and discrimination based on
6citizenship status or work authorization status in employment.
7(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
8    (775 ILCS 5/2-101)
9    Sec. 2-101. Definitions. The following definitions are
10applicable strictly in the context of this Article.
11    (A) Employee.
12        (1) "Employee" includes:
13            (a) Any individual performing services for
14        remuneration within this State for an employer;
15            (b) An apprentice;
16            (c) An applicant for any apprenticeship.
17        For purposes of subsection (D) of Section 2-102 of
18    this Act, "employee" also includes an unpaid intern. An
19    unpaid intern is a person who performs work for an
20    employer under the following circumstances:
21            (i) the employer is not committed to hiring the
22        person performing the work at the conclusion of the
23        intern's tenure;
24            (ii) the employer and the person performing the
25        work agree that the person is not entitled to wages for

 

 

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1        the work performed; and
2            (iii) the work performed:
3                (I) supplements training given in an
4            educational environment that may enhance the
5            employability of the intern;
6                (II) provides experience for the benefit of
7            the person performing the work;
8                (III) does not displace regular employees;
9                (IV) is performed under the close supervision
10            of existing staff; and
11                (V) provides no immediate advantage to the
12            employer providing the training and may
13            occasionally impede the operations of the
14            employer.
15        (2) "Employee" does not include:
16            (a) (Blank);
17            (b) Individuals employed by persons who are not
18        "employers" as defined by this Act;
19            (c) Elected public officials or the members of
20        their immediate personal staffs;
21            (d) Principal administrative officers of the State
22        or of any political subdivision, municipal corporation
23        or other governmental unit or agency;
24            (e) A person in a vocational rehabilitation
25        facility certified under federal law who has been
26        designated an evaluee, trainee, or work activity

 

 

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1        client.
2    (B) Employer.
3        (1) "Employer" includes:
4            (a) Any person employing one or more employees
5        within Illinois during 20 or more calendar weeks
6        within the calendar year of or preceding the alleged
7        violation;
8            (b) Any person employing one or more employees
9        when a complainant alleges civil rights violation due
10        to unlawful discrimination based upon his or her
11        physical or mental disability unrelated to ability,
12        pregnancy, or sexual harassment;
13            (c) The State and any political subdivision,
14        municipal corporation or other governmental unit or
15        agency, without regard to the number of employees;
16            (d) Any party to a public contract without regard
17        to the number of employees;
18            (e) A joint apprenticeship or training committee
19        without regard to the number of employees.
20        (2) "Employer" does not include any place of worship,
21    religious corporation, association, educational
22    institution, society, or non-profit nursing institution
23    conducted by and for those who rely upon treatment by
24    prayer through spiritual means in accordance with the
25    tenets of a recognized church or religious denomination
26    with respect to the employment of individuals of a

 

 

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1    particular religion to perform work connected with the
2    carrying on by such place of worship, corporation,
3    association, educational institution, society or
4    non-profit nursing institution of its activities.
5    (C) Employment Agency. "Employment Agency" includes both
6public and private employment agencies and any person, labor
7organization, or labor union having a hiring hall or hiring
8office regularly undertaking, with or without compensation, to
9procure opportunities to work, or to procure, recruit, refer
10or place employees.
11    (D) Labor Organization. "Labor Organization" includes any
12organization, labor union, craft union, or any voluntary
13unincorporated association designed to further the cause of
14the rights of union labor which is constituted for the
15purpose, in whole or in part, of collective bargaining or of
16dealing with employers concerning grievances, terms or
17conditions of employment, or apprenticeships or applications
18for apprenticeships, or of other mutual aid or protection in
19connection with employment, including apprenticeships or
20applications for apprenticeships.
21    (E) Sexual Harassment. "Sexual harassment" means any
22unwelcome sexual advances or requests for sexual favors or any
23conduct of a sexual nature when (1) submission to such conduct
24is made either explicitly or implicitly a term or condition of
25an individual's employment, (2) submission to or rejection of
26such conduct by an individual is used as the basis for

 

 

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1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5    For purposes of this definition, the phrase "working
6environment" is not limited to a physical location an employee
7is assigned to perform his or her duties.
8    (E-1) Harassment. "Harassment" means any unwelcome conduct
9on the basis of an individual's actual or perceived race,
10color, religion, national origin, ancestry, age, sex, marital
11status, order of protection status, disability, military
12status, sexual orientation, pregnancy, unfavorable discharge
13from military service, citizenship status, or work
14authorization status, or family responsibilities that has the
15purpose or effect of substantially interfering with the
16individual's work performance or creating an intimidating,
17hostile, or offensive working environment. For purposes of
18this definition, the phrase "working environment" is not
19limited to a physical location an employee is assigned to
20perform his or her duties.
21    (F) Religion. "Religion" with respect to employers
22includes all aspects of religious observance and practice, as
23well as belief, unless an employer demonstrates that he is
24unable to reasonably accommodate an employee's or prospective
25employee's religious observance or practice without undue
26hardship on the conduct of the employer's business.

 

 

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1    (G) Public Employer. "Public employer" means the State, an
2agency or department thereof, unit of local government, school
3district, instrumentality or political subdivision.
4    (H) Public Employee. "Public employee" means an employee
5of the State, agency or department thereof, unit of local
6government, school district, instrumentality or political
7subdivision. "Public employee" does not include public
8officers or employees of the General Assembly or agencies
9thereof.
10    (I) Public Officer. "Public officer" means a person who is
11elected to office pursuant to the Constitution or a statute or
12ordinance, or who is appointed to an office which is
13established, and the qualifications and duties of which are
14prescribed, by the Constitution or a statute or ordinance, to
15discharge a public duty for the State, agency or department
16thereof, unit of local government, school district,
17instrumentality or political subdivision.
18    (J) Eligible Bidder. "Eligible bidder" means a person who,
19prior to contract award or prior to bid opening for State
20contracts for construction or construction-related services,
21has filed with the Department a properly completed, sworn and
22currently valid employer report form, pursuant to the
23Department's regulations. The provisions of this Article
24relating to eligible bidders apply only to bids on contracts
25with the State and its departments, agencies, boards, and
26commissions, and the provisions do not apply to bids on

 

 

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1contracts with units of local government or school districts.
2    (K) Citizenship Status. "Citizenship status" means the
3status of being:
4        (1) a born U.S. citizen;
5        (2) a naturalized U.S. citizen;
6        (3) a U.S. national; or
7        (4) a person born outside the United States and not a
8    U.S. citizen who is lawfully present and who is protected
9    from discrimination under the provisions of Section 1324b
10    of Title 8 of the United States Code, as now or hereafter
11    amended.
12    (L) Work Authorization Status. "Work authorization status"
13means the status of being a person born outside of the United
14States, and not a U.S. citizen, who is authorized by the
15federal government to work in the United States.
16    (M) Family Responsibilities. "Family responsibilities"
17means an employee's actual or perceived provision of personal
18care to a family member.
19    (N) "Personal care" has the meaning given to that term in
20the Employee Sick Leave Act.
21    (O) "Family member" has the meaning given to the term
22"covered family member" in the Employee Sick Leave Act.
23(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
24102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
255-27-22.)
 

 

 

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1    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
2    Sec. 6-101. Additional civil rights violations under
3Articles 2, 4, 5, and 5A. It is a civil rights violation for a
4person, or for 2 or more persons, to conspire to:
5        (A) Retaliation. Retaliate against a person because he
6    or she has opposed that which he or she reasonably and in
7    good faith believes to be unlawful discrimination, sexual
8    harassment in employment, sexual harassment in elementary,
9    secondary, and higher education, or discrimination based
10    on arrest record, citizenship status, or work
11    authorization status, or family responsibilities in
12    employment under Articles 2, 4, 5, and 5A, because he or
13    she has made a charge, filed a complaint, testified,
14    assisted, or participated in an investigation, proceeding,
15    or hearing under this Act, or because he or she has
16    requested, attempted to request, used, or attempted to use
17    a reasonable accommodation as allowed by this Act;
18        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
19    or coerce a person to commit any violation of this Act;
20        (C) Interference. Wilfully interfere with the
21    performance of a duty or the exercise of a power by the
22    Commission or one of its members or representatives or the
23    Department or one of its officers or employees.
24    Definitions. For the purposes of this Section, "sexual
25harassment", "citizenship status", and "work authorization
26status", and "family responsibilities" shall have the same

 

 

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1meaning as defined in Section 2-101 of this Act.
2(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
3102-813, eff. 5-13-22.)