Full Text of HB0121 102nd General Assembly
HB0121enr 102ND GENERAL ASSEMBLY |
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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, 2-104, and 6-101 as | 6 | | follows: | 7 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 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. 98-1050, eff. 1-1-15 .)
| 7 | | (775 ILCS 5/2-101)
| 8 | | Sec. 2-101. Definitions. The following definitions are | 9 | | applicable
strictly in the context of this Article.
| 10 | | (A) Employee.
| 11 | | (1) "Employee" includes:
| 12 | | (a) Any individual performing services for | 13 | | remuneration within this
State for an employer;
| 14 | | (b) An apprentice;
| 15 | | (c) An applicant for any apprenticeship.
| 16 | | For purposes of subsection (D) of Section 2-102 of | 17 | | this Act, "employee" also includes an unpaid intern. An | 18 | | unpaid intern is a person who performs work for an | 19 | | employer under the following circumstances: | 20 | | (i) the employer is not committed to hiring the | 21 | | person performing the work at the conclusion of the | 22 | | intern's tenure; | 23 | | (ii) the employer and the person performing the | 24 | | work agree that the person is not entitled to wages for | 25 | | the work performed; and |
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| 1 | | (iii) the work performed: | 2 | | (I) supplements training given in an | 3 | | educational environment that may enhance the | 4 | | employability of the intern; | 5 | | (II) provides experience for the benefit of | 6 | | the person performing the work; | 7 | | (III) does not displace regular employees; | 8 | | (IV) is performed under the close supervision | 9 | | of existing staff; and | 10 | | (V) provides no immediate advantage to the | 11 | | employer providing the training and may
| 12 | | occasionally impede the operations of the | 13 | | employer. | 14 | | (2) "Employee" does not include:
| 15 | | (a) (Blank);
| 16 | | (b) Individuals employed by persons who are not | 17 | | "employers" as
defined by this Act;
| 18 | | (c) Elected public officials or the members of | 19 | | their immediate
personal staffs;
| 20 | | (d) Principal administrative officers of the State | 21 | | or of any
political subdivision, municipal corporation | 22 | | or other governmental unit
or agency;
| 23 | | (e) A person in a vocational rehabilitation | 24 | | facility certified under
federal law who has been | 25 | | designated an evaluee, trainee, or work
activity | 26 | | client.
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| 1 | | (B) Employer.
| 2 | | (1) "Employer" includes:
| 3 | | (a) Any person employing one or more employees | 4 | | within Illinois during
20 or more calendar weeks | 5 | | within the calendar year of or preceding the alleged
| 6 | | violation;
| 7 | | (b) Any person employing one or more employees | 8 | | when a complainant
alleges civil rights violation due | 9 | | to unlawful discrimination based
upon his or her | 10 | | physical or mental disability unrelated to ability, | 11 | | pregnancy, or
sexual harassment;
| 12 | | (c) The State and any political subdivision, | 13 | | municipal corporation
or other governmental unit or | 14 | | agency, without regard to the number of
employees;
| 15 | | (d) Any party to a public contract without regard | 16 | | to the number of
employees;
| 17 | | (e) A joint apprenticeship or training committee | 18 | | without regard to the
number of employees.
| 19 | | (2) "Employer" does not include any place of worship, | 20 | | religious corporation,
association, educational | 21 | | institution, society, or non-profit nursing
institution | 22 | | conducted by and for those who rely upon treatment by | 23 | | prayer
through spiritual means in accordance with the | 24 | | tenets of a recognized
church or religious denomination | 25 | | with respect to the employment of
individuals of a | 26 | | particular religion to perform work connected with the
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| 1 | | carrying on by such place of worship, corporation, | 2 | | association, educational institution,
society or | 3 | | non-profit nursing institution of its activities.
| 4 | | (C) Employment Agency. "Employment Agency" includes both | 5 | | public and
private employment agencies and any person, labor | 6 | | organization, or labor
union having a hiring hall or hiring | 7 | | office regularly undertaking, with
or without compensation, to | 8 | | procure opportunities to work, or to
procure, recruit, refer | 9 | | or place employees.
| 10 | | (D) Labor Organization. "Labor Organization" includes any
| 11 | | organization, labor union, craft union, or any voluntary | 12 | | unincorporated
association designed to further the cause of | 13 | | the rights of union labor
which is constituted for the | 14 | | purpose, in whole or in part, of collective
bargaining or of | 15 | | dealing with employers concerning grievances, terms or
| 16 | | conditions of employment, or apprenticeships or applications | 17 | | for
apprenticeships, or of other mutual aid or protection in | 18 | | connection with
employment, including apprenticeships or | 19 | | applications for apprenticeships.
| 20 | | (E) Sexual Harassment. "Sexual harassment" means any | 21 | | unwelcome sexual
advances or requests for sexual favors or any | 22 | | conduct of a sexual nature
when (1) submission to such conduct | 23 | | is made either explicitly or implicitly
a term or condition of | 24 | | an individual's employment, (2) submission to or
rejection of | 25 | | such conduct by an individual is used as the basis for
| 26 | | employment decisions affecting such individual, or (3) such |
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| 1 | | conduct has the
purpose or effect of substantially interfering | 2 | | with an individual's work
performance or creating an | 3 | | intimidating, hostile or offensive working
environment.
| 4 | | For purposes of this definition, the phrase "working | 5 | | environment" is not limited to a physical location an employee | 6 | | is assigned to perform his or her duties. | 7 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 8 | | on the basis of an individual's actual or perceived race, | 9 | | color, religion, national origin, ancestry, age, sex, marital | 10 | | status, order of protection status, disability, military | 11 | | status, sexual orientation, pregnancy, unfavorable discharge | 12 | | from military service, or citizenship status , or work | 13 | | authorization status that has the purpose or effect of | 14 | | substantially interfering with the individual's work | 15 | | performance or creating an intimidating, hostile, or offensive | 16 | | working environment. For purposes of this definition, the | 17 | | phrase "working environment" is not limited to a physical | 18 | | location an employee is assigned to perform his or her duties. | 19 | | (F) Religion. "Religion" with respect to employers | 20 | | includes all
aspects of religious observance and practice, as | 21 | | well as belief, unless an
employer demonstrates that he is | 22 | | unable to reasonably accommodate an
employee's or prospective | 23 | | employee's religious observance or practice
without undue | 24 | | hardship on the conduct of the employer's business.
| 25 | | (G) Public Employer. "Public employer" means the State, an | 26 | | agency or
department thereof, unit of local government, school |
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| 1 | | district,
instrumentality or political subdivision.
| 2 | | (H) Public Employee. "Public employee" means an employee | 3 | | of the State,
agency or department thereof, unit of local | 4 | | government, school district,
instrumentality or political | 5 | | subdivision. "Public employee" does not include
public | 6 | | officers or employees of the General Assembly or agencies | 7 | | thereof.
| 8 | | (I) Public Officer. "Public officer" means a person who is | 9 | | elected to
office pursuant to the Constitution or a statute or | 10 | | ordinance, or who is
appointed to an office which is | 11 | | established, and the qualifications and
duties of which are | 12 | | prescribed, by the Constitution or a statute or
ordinance, to | 13 | | discharge a public duty for the State, agency or department
| 14 | | thereof, unit of local government, school district, | 15 | | instrumentality or
political subdivision.
| 16 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 17 | | prior to contract award or prior to bid opening for State | 18 | | contracts for construction or construction-related services, | 19 | | has filed with the Department a properly completed, sworn and
| 20 | | currently valid employer report form, pursuant to the | 21 | | Department's regulations.
The provisions of this Article | 22 | | relating to eligible bidders apply only
to bids on contracts | 23 | | with the State and its departments, agencies, boards,
and | 24 | | commissions, and the provisions do not apply to bids on | 25 | | contracts with
units of local government or school districts.
| 26 | | (K) Citizenship Status. "Citizenship status" means the |
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| 1 | | status of being:
| 2 | | (1) a born U.S. citizen;
| 3 | | (2) a naturalized U.S. citizen;
| 4 | | (3) a U.S. national; or
| 5 | | (4) a person born outside the United States and not a | 6 | | U.S. citizen who
is not an unauthorized alien and who is | 7 | | protected from discrimination under
the provisions of | 8 | | Section 1324b of Title 8 of the United States Code, as
now | 9 | | or hereafter amended.
| 10 | | (L) Work Authorization Status. "Work authorization status" | 11 | | means the status of being a person born outside of the United | 12 | | States, and not a U.S. citizen, who is authorized by the | 13 | | federal government to work in the United States. | 14 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | 15 | | 101-430, eff. 7-1-20; revised 8-4-20.)
| 16 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 17 | | Sec. 2-102. Civil rights violations - employment. It is a | 18 | | civil
rights violation:
| 19 | | (A) Employers. For any employer to refuse to hire, to | 20 | | segregate, to engage in harassment as defined in | 21 | | subsection (E-1) of Section 2-101, or
to act with respect | 22 | | to recruitment, hiring, promotion, renewal of employment,
| 23 | | selection for training or apprenticeship, discharge, | 24 | | discipline, tenure or
terms, privileges or conditions of | 25 | | employment on the basis of unlawful
discrimination , or |
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| 1 | | citizenship status , or work authorization status . An | 2 | | employer is responsible for harassment by the employer's | 3 | | nonmanagerial and nonsupervisory employees only if the | 4 | | employer becomes aware of the conduct and fails to take | 5 | | reasonable corrective measures.
| 6 | | (A-5) Language. For an employer to impose a | 7 | | restriction that has the
effect of prohibiting a language | 8 | | from being spoken by an employee in
communications that | 9 | | are unrelated to the employee's duties.
| 10 | | For the purposes of this subdivision (A-5), "language" | 11 | | means a person's
native tongue, such as Polish, Spanish, | 12 | | or
Chinese.
"Language" does not include such things as | 13 | | slang, jargon, profanity, or
vulgarity.
| 14 | | (A-10) Harassment of nonemployees. For any employer, | 15 | | employment agency, or labor organization to engage in | 16 | | harassment of nonemployees in the workplace. An employer | 17 | | is responsible for harassment of nonemployees by the | 18 | | employer's nonmanagerial and nonsupervisory employees only | 19 | | if the employer becomes aware of the conduct and fails to | 20 | | take reasonable corrective measures. For the purposes of | 21 | | this subdivision (A-10), "nonemployee" means a person who | 22 | | is not otherwise an employee of the employer and is | 23 | | directly performing services for the employer pursuant to | 24 | | a contract with that employer. "Nonemployee" includes | 25 | | contractors and consultants. This subdivision applies to | 26 | | harassment occurring on or after the effective date of |
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| 1 | | this amendatory Act of the 101st General Assembly. | 2 | | (B) Employment agency. For any employment agency to | 3 | | fail or refuse
to classify properly, accept applications | 4 | | and register for employment
referral or apprenticeship | 5 | | referral, refer for employment, or refer for
| 6 | | apprenticeship on the basis of unlawful discrimination , or | 7 | | citizenship
status , or work authorization status or to | 8 | | accept from any person any job order, requisition or | 9 | | request
for referral of applicants for employment or | 10 | | apprenticeship which makes or
has the effect of making | 11 | | unlawful discrimination or discrimination on the
basis of | 12 | | citizenship status or work authorization status a | 13 | | condition of referral.
| 14 | | (C) Labor organization. For any labor organization to | 15 | | limit,
segregate or classify its membership, or to limit | 16 | | employment
opportunities, selection and training for | 17 | | apprenticeship in any trade or
craft, or otherwise to | 18 | | take, or fail to take, any action which affects
adversely | 19 | | any person's status as an employee or as an applicant for
| 20 | | employment or as an apprentice, or as an applicant for | 21 | | apprenticeships,
or wages, tenure, hours of employment or | 22 | | apprenticeship conditions on the
basis of unlawful | 23 | | discrimination , or citizenship status , or work | 24 | | authorization status .
| 25 | | (D) Sexual harassment. For any employer, employee, | 26 | | agent of any employer,
employment agency or labor |
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| 1 | | organization to engage in sexual harassment;
provided, | 2 | | that an employer shall be responsible for sexual | 3 | | harassment
of the employer's employees by nonemployees or | 4 | | nonmanagerial and nonsupervisory
employees only if the | 5 | | employer becomes aware of the conduct and fails to
take | 6 | | reasonable corrective measures.
| 7 | | (D-5) Sexual harassment of nonemployees. For any | 8 | | employer, employee, agent of any employer, employment | 9 | | agency, or labor organization to engage in sexual | 10 | | harassment of nonemployees in the workplace. An employer | 11 | | is responsible for sexual harassment of nonemployees by | 12 | | the employer's nonmanagerial and nonsupervisory employees | 13 | | only if the employer becomes aware of the conduct and | 14 | | fails to take reasonable corrective measures. For the | 15 | | purposes of this subdivision (D-5), "nonemployee" means a | 16 | | person who is not otherwise an employee of the employer | 17 | | and is directly performing services for the employer | 18 | | pursuant to a contract with that employer. "Nonemployee" | 19 | | includes contractors and consultants. This subdivision | 20 | | applies to sexual harassment occurring on or after the | 21 | | effective date of this amendatory Act of the 101st General | 22 | | Assembly. | 23 | | (E) Public employers. For any public employer to | 24 | | refuse to permit a
public employee under its jurisdiction | 25 | | who takes time off from work in
order to practice his or | 26 | | her religious beliefs to engage in work, during hours
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| 1 | | other than such employee's regular working hours, | 2 | | consistent with the
operational needs of the employer and | 3 | | in order to compensate for work time
lost for such | 4 | | religious reasons. Any employee who elects such deferred
| 5 | | work shall be compensated at the wage rate which he or she | 6 | | would have
earned during the originally scheduled work | 7 | | period. The employer may
require that an employee who | 8 | | plans to take time off from work in order to
practice his | 9 | | or her religious beliefs provide the employer with a | 10 | | notice of
his or her intention to be absent from work not | 11 | | exceeding 5 days prior to
the date of absence.
| 12 | | (E-5) Religious discrimination. For any employer to | 13 | | impose upon a person as a condition of obtaining or | 14 | | retaining employment, including opportunities for | 15 | | promotion, advancement, or transfer, any terms or | 16 | | conditions that would require such person to violate or | 17 | | forgo a sincerely held practice of his or her religion | 18 | | including, but not limited to, the wearing of any attire, | 19 | | clothing, or facial hair in accordance with the | 20 | | requirements of his or her religion, unless, after | 21 | | engaging in a bona fide effort, the employer demonstrates | 22 | | that it is unable to reasonably accommodate the employee's | 23 | | or prospective employee's sincerely held religious belief, | 24 | | practice, or observance without undue hardship on the | 25 | | conduct of the employer's business. | 26 | | Nothing in this Section prohibits an employer from |
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| 1 | | enacting a dress code or grooming policy that may include | 2 | | restrictions on attire, clothing, or facial hair to | 3 | | maintain workplace safety or food sanitation. | 4 | | (F) Training and apprenticeship programs. For any | 5 | | employer,
employment agency or labor organization to | 6 | | discriminate against a person on
the basis of age in the | 7 | | selection, referral for or conduct of apprenticeship
or | 8 | | training programs.
| 9 | | (G) Immigration-related practices. | 10 | | (1) for an employer to request for
purposes of | 11 | | satisfying the requirements of Section 1324a(b) of | 12 | | Title 8 of
the United States Code, as now or hereafter | 13 | | amended, more or different
documents than are required | 14 | | under such Section or to refuse to honor
documents | 15 | | tendered that on their face reasonably appear to be | 16 | | genuine or to refuse to honor work authorization based | 17 | | upon the specific status or term of status that | 18 | | accompanies the authorization to work ; or
| 19 | | (2) for an employer participating in the E-Verify | 20 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 21 | | Programs for Employment Eligibility Confirmation | 22 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 23 | | refuse to hire, to segregate, or to act with respect to | 24 | | recruitment, hiring, promotion, renewal of employment, | 25 | | selection for training or apprenticeship, discharge, | 26 | | discipline, tenure or terms, privileges or conditions |
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| 1 | | of employment without following the procedures under | 2 | | the E-Verify Program. | 3 | | (H) (Blank).
| 4 | | (I) Pregnancy. For an employer to refuse to hire, to | 5 | | segregate, or to act with respect to recruitment, hiring, | 6 | | promotion, renewal of employment, selection for training | 7 | | or apprenticeship, discharge, discipline, tenure or terms, | 8 | | privileges or conditions of employment on the basis of | 9 | | pregnancy, childbirth, or medical or common conditions | 10 | | related to pregnancy or childbirth. Women affected by | 11 | | pregnancy, childbirth, or medical or common conditions | 12 | | related to pregnancy or childbirth shall be treated the | 13 | | same for all employment-related purposes, including | 14 | | receipt of benefits under fringe benefit programs, as | 15 | | other persons not so affected but similar in their ability | 16 | | or inability to work, regardless of the source of the | 17 | | inability to work or employment classification or status. | 18 | | (J) Pregnancy; reasonable accommodations. | 19 | | (1) If after a job applicant or employee, | 20 | | including a part-time, full-time, or probationary | 21 | | employee, requests a reasonable accommodation, for an | 22 | | employer to not make reasonable accommodations for any | 23 | | medical or common condition of a job applicant or | 24 | | employee related to pregnancy or childbirth, unless | 25 | | the employer can demonstrate that the accommodation | 26 | | would impose an undue hardship on the ordinary |
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| 1 | | operation of the business of the employer. The | 2 | | employer may request documentation from the employee's | 3 | | health care provider concerning the need for the | 4 | | requested reasonable accommodation or accommodations | 5 | | to the same extent documentation is requested for | 6 | | conditions related to disability if the employer's | 7 | | request for documentation is job-related and | 8 | | consistent with business necessity. The employer may | 9 | | require only the medical justification for the | 10 | | requested accommodation or accommodations, a | 11 | | description of the reasonable accommodation or | 12 | | accommodations medically advisable, the date the | 13 | | reasonable accommodation or accommodations became | 14 | | medically advisable, and the probable duration of the | 15 | | reasonable accommodation or accommodations. It is the | 16 | | duty of the individual seeking a reasonable | 17 | | accommodation or accommodations to submit to the | 18 | | employer any documentation that is requested in | 19 | | accordance with this paragraph. Notwithstanding the | 20 | | provisions of this paragraph, the employer may require | 21 | | documentation by the employee's health care provider | 22 | | to determine compliance with other laws. The employee | 23 | | and employer shall engage in a timely, good faith, and | 24 | | meaningful exchange to determine effective reasonable | 25 | | accommodations. | 26 | | (2) For an employer to deny employment |
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| 1 | | opportunities or benefits to or take adverse action | 2 | | against an otherwise qualified job applicant or | 3 | | employee, including a part-time, full-time, or | 4 | | probationary employee, if the denial or adverse action | 5 | | is based on the need of the employer to make reasonable | 6 | | accommodations to the known medical or common | 7 | | conditions related to the pregnancy or childbirth of | 8 | | the applicant or employee. | 9 | | (3) For an employer to require a job applicant or | 10 | | employee, including a part-time, full-time, or | 11 | | probationary employee, affected by pregnancy, | 12 | | childbirth, or medical or common conditions related to | 13 | | pregnancy or childbirth to accept an accommodation | 14 | | when the applicant or employee did not request an | 15 | | accommodation and the applicant or employee chooses | 16 | | not to accept the employer's accommodation. | 17 | | (4) For an employer to require an employee, | 18 | | including a part-time, full-time, or probationary | 19 | | employee, to take leave under any leave law or policy | 20 | | of the employer if another reasonable accommodation | 21 | | can be provided to the known medical or common | 22 | | conditions related to the pregnancy or childbirth of | 23 | | an employee. No employer shall fail or refuse to | 24 | | reinstate the employee affected by pregnancy, | 25 | | childbirth, or medical or common conditions related to | 26 | | pregnancy or childbirth to her original job or to an |
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| 1 | | equivalent position with equivalent pay and | 2 | | accumulated seniority, retirement, fringe benefits, | 3 | | and other applicable service credits upon her | 4 | | signifying her intent to return or when her need for | 5 | | reasonable accommodation ceases, unless the employer | 6 | | can demonstrate that the accommodation would impose an | 7 | | undue hardship on the ordinary operation of the | 8 | | business of the employer. | 9 | | For the purposes of this subdivision (J), "reasonable | 10 | | accommodations" means reasonable modifications or | 11 | | adjustments to the job application process or work | 12 | | environment, or to the manner or circumstances under which | 13 | | the position desired or held is customarily performed, | 14 | | that enable an applicant or employee affected by | 15 | | pregnancy, childbirth, or medical or common conditions | 16 | | related to pregnancy or childbirth to be considered for | 17 | | the position the applicant desires or to perform the | 18 | | essential functions of that position, and may include, but | 19 | | is not limited to: more frequent or longer bathroom | 20 | | breaks, breaks for increased water intake, and breaks for | 21 | | periodic rest; private non-bathroom space for expressing | 22 | | breast milk and breastfeeding; seating; assistance with | 23 | | manual labor; light duty; temporary transfer to a less | 24 | | strenuous or hazardous position; the provision of an | 25 | | accessible worksite; acquisition or modification of | 26 | | equipment; job restructuring; a part-time or modified work |
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| 1 | | schedule; appropriate adjustment or modifications of | 2 | | examinations, training materials, or policies; | 3 | | reassignment to a vacant position; time off to recover | 4 | | from conditions related to childbirth; and leave | 5 | | necessitated by pregnancy, childbirth, or medical or | 6 | | common conditions resulting from pregnancy or childbirth. | 7 | | For the purposes of this subdivision (J), "undue | 8 | | hardship" means an action that is prohibitively expensive | 9 | | or disruptive when considered in light of the following | 10 | | factors: (i) the nature and cost of the accommodation | 11 | | needed; (ii) the overall financial resources of the | 12 | | facility or facilities involved in the provision of the | 13 | | reasonable accommodation, the number of persons employed | 14 | | at the facility, the effect on expenses and resources, or | 15 | | the impact otherwise of the accommodation upon the | 16 | | operation of the facility; (iii) the overall financial | 17 | | resources of the employer, the overall size of the | 18 | | business of the employer with respect to the number of its | 19 | | employees, and the number, type, and location of its | 20 | | facilities; and (iv) the type of operation or operations | 21 | | of the employer, including the composition, structure, and | 22 | | functions of the workforce of the employer, the geographic | 23 | | separateness, administrative, or fiscal relationship of | 24 | | the facility or facilities in question to the employer. | 25 | | The employer has the burden of proving undue hardship. The | 26 | | fact that the employer provides or would be required to |
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| 1 | | provide a similar accommodation to similarly situated | 2 | | employees creates a rebuttable presumption that the | 3 | | accommodation does not impose an undue hardship on the | 4 | | employer. | 5 | | No employer is required by this subdivision (J) to | 6 | | create additional employment that the employer would not | 7 | | otherwise have created, unless the employer does so or | 8 | | would do so for other classes of employees who need | 9 | | accommodation. The employer is not required to discharge | 10 | | any employee, transfer any employee with more seniority, | 11 | | or promote any employee who is not qualified to perform | 12 | | the job, unless the employer does so or would do so to | 13 | | accommodate other classes of employees who need it. | 14 | | (K) Notice. | 15 | | (1) For an employer to fail to post or keep posted | 16 | | in a conspicuous location on the premises of the | 17 | | employer where notices to employees are customarily | 18 | | posted, or fail to include in any employee handbook | 19 | | information concerning an employee's rights under this | 20 | | Article, a notice, to be prepared or approved by the | 21 | | Department, summarizing the requirements of this | 22 | | Article and information pertaining to the filing of a | 23 | | charge, including the right to be free from unlawful | 24 | | discrimination, the right to be free from sexual | 25 | | harassment, and the right to certain reasonable | 26 | | accommodations. The Department shall make the |
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| 1 | | documents required under this paragraph available for | 2 | | retrieval from the Department's website. | 3 | | (2) Upon notification of a violation of paragraph | 4 | | (1) of this subdivision (K), the Department may launch | 5 | | a preliminary investigation. If the Department finds a | 6 | | violation, the Department may issue a notice to show | 7 | | cause giving the employer 30 days to correct the | 8 | | violation. If the violation is not corrected, the | 9 | | Department may initiate a charge of a civil rights | 10 | | violation. | 11 | | (Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18; | 12 | | 101-221, eff. 1-1-20 .)
| 13 | | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
| 14 | | Sec. 2-104. Exemptions.
| 15 | | (A) Nothing contained in this Act shall prohibit an | 16 | | employer, employment
agency, or labor organization from:
| 17 | | (1) Bona Fide Qualification. Hiring or selecting | 18 | | between persons
for bona fide occupational qualifications | 19 | | or any reason except those
civil-rights violations | 20 | | specifically identified in this Article.
| 21 | | (2) Veterans. Giving preferential treatment to | 22 | | veterans and their
relatives as required by the laws or | 23 | | regulations of the United States or
this State or a unit of | 24 | | local government, or pursuant to a private employer's | 25 | | voluntary veterans' preference employment policy |
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| 1 | | authorized by the Veterans Preference in Private | 2 | | Employment Act.
| 3 | | (3) Unfavorable Discharge From Military Service. | 4 | | (a) Using unfavorable
discharge from military | 5 | | service as a valid employment criterion when
| 6 | | authorized by federal law or regulation or when a | 7 | | position of employment
involves the exercise of | 8 | | fiduciary responsibilities as defined by rules
and | 9 | | regulations which the Department shall adopt; or | 10 | | (b) Participating in a bona fide recruiting | 11 | | incentive program, sponsored by a branch of the United | 12 | | States Armed Forces, a reserve component of the United | 13 | | States Armed Forces, or any National Guard or Naval | 14 | | Militia, where participation in the program is limited | 15 | | by the sponsoring branch based upon the service | 16 | | member's discharge status.
| 17 | | (4) Ability Tests. Giving or acting upon the results | 18 | | of any
professionally developed ability test provided that | 19 | | such test, its
administration, or action upon the results, | 20 | | is not used as a subterfuge
for or does not have the effect | 21 | | of unlawful discrimination.
| 22 | | (5) Merit and Retirement Systems.
| 23 | | (a) Applying different standards of compensation, | 24 | | or different
terms, conditions or privileges of | 25 | | employment pursuant to a merit or
retirement system | 26 | | provided that such system or its administration is not
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| 1 | | used as a subterfuge for or does not have the effect of | 2 | | unlawful
discrimination.
| 3 | | (b) Effecting compulsory retirement of any | 4 | | employee who has
attained 65 years of age and who, for | 5 | | the 2-year period immediately
preceding retirement, is | 6 | | employed in a bona fide executive or a high
| 7 | | policymaking position, if such employee is entitled to | 8 | | an immediate
nonforfeitable annual retirement benefit | 9 | | from a pension, profit-sharing,
savings, or deferred | 10 | | compensation plan, or any combination of such plans of
| 11 | | the employer of such employee, which equals, in the | 12 | | aggregate, at least
$44,000. If any such retirement | 13 | | benefit is in a form other than a straight
life annuity | 14 | | (with no ancillary benefits) or if the employees | 15 | | contribute to
any such plan or make rollover | 16 | | contributions, the retirement benefit shall
be | 17 | | adjusted in accordance with regulations prescribed by | 18 | | the Department, so
that the benefit is the equivalent | 19 | | of a straight life annuity (with no
ancillary | 20 | | benefits) under a plan to which employees do not | 21 | | contribute and
under which no rollover contributions | 22 | | are made.
| 23 | | (c) Until January 1, 1994, effecting compulsory | 24 | | retirement of any
employee who has attained 70 years | 25 | | of age, and who is serving under a
contract of | 26 | | unlimited tenure (or similar arrangement providing for
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| 1 | | unlimited tenure) at an institution of higher | 2 | | education as defined by
Section 1201(a) of the Higher | 3 | | Education Act of 1965.
| 4 | | (6) Training and Apprenticeship programs. Establishing | 5 | | an educational
requirement as a prerequisite to selection | 6 | | for a training or apprenticeship
program, provided such | 7 | | requirement does not operate to discriminate on the
basis | 8 | | of any prohibited classification except age.
| 9 | | (7) Police and Firefighter/Paramedic Retirement. | 10 | | Imposing a mandatory
retirement age for | 11 | | firefighters/paramedics or law enforcement officers
and
| 12 | | discharging or retiring such individuals pursuant to the | 13 | | mandatory retirement
age if such action is taken pursuant | 14 | | to a bona fide retirement plan provided
that the law | 15 | | enforcement officer or firefighter/paramedic
has attained:
| 16 | | (a) the age of retirement in effect under | 17 | | applicable State or local
law
on
March 3, 1983; or
| 18 | | (b) if the applicable State or local law was | 19 | | enacted
after the date of enactment of the federal Age | 20 | | Discrimination in Employment
Act
Amendments of 1996 | 21 | | (P.L. 104-208),
the age of retirement in effect on the | 22 | | date of such discharge
under
such law.
| 23 | | This paragraph (7) shall not apply with respect to
any | 24 | | cause of action arising under the Illinois Human Rights | 25 | | Act as in
effect prior to the effective date of this | 26 | | amendatory Act of 1997.
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| 1 | | (8) Police and Firefighter/Paramedic Appointment. | 2 | | Failing or
refusing to hire any individual because of such
| 3 | | individual's age if such action is taken with respect to | 4 | | the employment of
an individual as a firefighter/paramedic | 5 | | or as a law enforcement officer
and the individual has | 6 | | attained:
| 7 | | (a) the age of hiring or appointment in effect
| 8 | | under applicable State or local law on March 3,
1983; | 9 | | or
| 10 | | (b) the age of hiring in effect on the date of such | 11 | | failure or refusal
to
hire under applicable State or | 12 | | local law enacted after the date of
enactment of the | 13 | | federal Age Discrimination in Employment Act | 14 | | Amendments of
1996 (P.L. 104-208).
| 15 | | As used in paragraph (7) or (8):
| 16 | | "Firefighter/paramedic" means an employee, the duties | 17 | | of whose
position are primarily to perform work directly | 18 | | connected with the control
and extinguishment of fires or | 19 | | the maintenance and use of firefighting
apparatus and | 20 | | equipment, or to provide emergency medical services,
| 21 | | including an employee engaged in this activity who is | 22 | | transferred to a
supervisory or administrative position.
| 23 | | "Law enforcement officer" means an employee, the | 24 | | duties of whose
position are primarily the investigation, | 25 | | apprehension, or detention of
individuals suspected or | 26 | | convicted of criminal offenses, including an
employee |
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| 1 | | engaged in this activity who is transferred to a | 2 | | supervisory or
administrative position.
| 3 | | (9) Citizenship Status. Making legitimate distinctions | 4 | | based on
citizenship status if specifically authorized or | 5 | | required by State or federal
law.
| 6 | | (B) With respect to any employee who is subject to a | 7 | | collective
bargaining agreement:
| 8 | | (a) which is in effect on June 30, 1986,
| 9 | | (b) which terminates after January 1, 1987,
| 10 | | (c) any provision of which was entered into by a labor | 11 | | organization as
defined by Section 6(d)(4) of the Fair | 12 | | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
| 13 | | (d) which contains any provision that would be | 14 | | superseded by Public Act 85-748,
| 15 | | Public Act 85-748 shall not apply until the termination of | 16 | | such
collective bargaining agreement or January 1, 1990, | 17 | | whichever occurs first.
| 18 | | (C)(1) For purposes of this Act, the term "disability" | 19 | | shall not include
any employee or applicant who is currently | 20 | | engaging in the illegal use of
drugs, when an employer acts on | 21 | | the basis of such use.
| 22 | | (2) Paragraph (1) shall not apply where an employee or | 23 | | applicant for
employment:
| 24 | | (a) has successfully completed a supervised drug | 25 | | rehabilitation program
and is no longer engaging in the | 26 | | illegal use of drugs, or has otherwise been
rehabilitated |
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| 1 | | successfully and is no longer engaging in such use;
| 2 | | (b) is participating in a supervised rehabilitation | 3 | | program and is no
longer engaging in such use; or
| 4 | | (c) is erroneously regarded as engaging in such use, | 5 | | but is not engaging
in such use.
| 6 | | It shall not be a violation of this Act for an employer to | 7 | | adopt or
administer reasonable policies or procedures, | 8 | | including but not limited to drug
testing, designed to ensure | 9 | | that an individual described in subparagraph (a) or
(b) is no | 10 | | longer engaging in the illegal use of drugs.
| 11 | | (3) An employer:
| 12 | | (a) may prohibit the illegal use of drugs and the use | 13 | | of alcohol at the
workplace by all employees;
| 14 | | (b) may require that employees shall not be under the | 15 | | influence of alcohol
or be engaging in the illegal use of | 16 | | drugs at the workplace;
| 17 | | (c) may require that employees behave in conformance | 18 | | with the requirements
established under the federal | 19 | | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq.) | 20 | | and the Drug Free Workplace Act;
| 21 | | (d) may hold an employee who engages in the illegal | 22 | | use of drugs or who is
an alcoholic to the same | 23 | | qualification standards for employment or job
performance | 24 | | and behavior that such employer holds other employees, | 25 | | even if any
unsatisfactory performance or behavior is | 26 | | related to the drug use or alcoholism
of such employee; |
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| 1 | | and
| 2 | | (e) may, with respect to federal regulations regarding | 3 | | alcohol and the
illegal use of drugs, require that:
| 4 | | (i) employees comply with the standards | 5 | | established in such regulations
of the United States | 6 | | Department of Defense, if the employees of the | 7 | | employer
are employed in an industry subject to such | 8 | | regulations, including complying
with regulations (if | 9 | | any) that apply to employment in sensitive positions | 10 | | in
such an industry, in the case of employees of the | 11 | | employer who are employed in
such positions (as | 12 | | defined in the regulations of the Department of | 13 | | Defense);
| 14 | | (ii) employees comply with the standards | 15 | | established in such regulations
of the Nuclear | 16 | | Regulatory Commission, if the employees of the | 17 | | employer are
employed in an industry subject to such | 18 | | regulations, including complying with
regulations (if | 19 | | any) that apply to employment in sensitive positions | 20 | | in such an
industry, in the case of employees of the | 21 | | employer who are employed in such
positions (as | 22 | | defined in the regulations of the Nuclear Regulatory | 23 | | Commission);
and
| 24 | | (iii) employees comply with the standards | 25 | | established in such
regulations of the United States | 26 | | Department of Transportation, if the employees
of the |
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| 1 | | employer are employed in a transportation industry | 2 | | subject to such
regulations, including complying with | 3 | | such regulations (if any) that apply to
employment in | 4 | | sensitive positions in such an industry, in the case | 5 | | of employees
of the employer who are employed in such | 6 | | positions (as defined in the
regulations of the United | 7 | | States Department of Transportation).
| 8 | | (4) For purposes of this Act, a test to determine the | 9 | | illegal use of drugs
shall not be considered a medical | 10 | | examination. Nothing in this Act shall be
construed to | 11 | | encourage, prohibit, or authorize the conducting of drug | 12 | | testing
for the illegal use of drugs by job applicants or | 13 | | employees or making
employment decisions based on such test | 14 | | results.
| 15 | | (5) Nothing in this Act shall be construed to encourage, | 16 | | prohibit, restrict,
or authorize the otherwise lawful exercise | 17 | | by an employer subject to the
jurisdiction of the United | 18 | | States Department of Transportation of authority to:
| 19 | | (a) test employees of such employer in, and applicants | 20 | | for, positions
involving safety-sensitive duties for the | 21 | | illegal use of drugs and for
on-duty impairment by | 22 | | alcohol; and
| 23 | | (b) remove such persons who test positive for illegal | 24 | | use of drugs and
on-duty impairment by alcohol pursuant to | 25 | | subparagraph (a) from
safety-sensitive duties in | 26 | | implementing paragraph (3).
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| 1 | | (D) Nothing contained in this Act shall require an | 2 | | employer to sponsor, either monetarily or otherwise, any | 3 | | applicant or employee to obtain or modify work authorization | 4 | | status, unless otherwise required by federal law. | 5 | | (Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15; | 6 | | 99-642, eff. 7-28-16.)
| 7 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 8 | | Sec. 6-101. Additional Civil Rights Violations. It is a | 9 | | civil rights
violation for a person, or for 2 two or more | 10 | | persons to conspire, to:
| 11 | | (A) Retaliation. Retaliate against a person because he | 12 | | or she has
opposed that which he or she reasonably and in | 13 | | good faith believes to be
unlawful discrimination, sexual | 14 | | harassment in employment or sexual
harassment in | 15 | | elementary, secondary, and higher
education, or | 16 | | discrimination based on citizenship status or work | 17 | | authorization status
in employment, because he or she has | 18 | | made a charge, filed a complaint,
testified, assisted, or | 19 | | participated in an investigation, proceeding, or
hearing | 20 | | under this Act, or because he or she has requested, | 21 | | attempted to request, used, or attempted to use a | 22 | | reasonable accommodation as allowed by this Act;
| 23 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel | 24 | | or coerce a
person to commit any violation of this Act;
| 25 | | (C) Interference. Wilfully interfere with the |
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| 1 | | performance of a duty
or the exercise of a power by the | 2 | | Commission or one of its members or
representatives or the | 3 | | Department or one of its officers or employees.
| 4 | | Definitions. For the purposes of this Section, "sexual
| 5 | | harassment" , and "citizenship status" , and "work authorization | 6 | | status" shall have the same meaning as defined in
Section | 7 | | 2-101 of this Act.
| 8 | | (Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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