Full Text of HB4816 102nd General Assembly
HB4816eng 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 Board of Higher Education Act is amended by | 5 | | changing Section 9.16 as follows:
| 6 | | (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
| 7 | | Sec. 9.16. Underrepresentation of certain groups in higher | 8 | | education.
To require public institutions of higher education | 9 | | to develop and implement
methods and strategies to increase | 10 | | the participation of minorities, women
and individuals with | 11 | | disabilities who are traditionally underrepresented in
| 12 | | education programs and activities. For the purpose of this | 13 | | Section,
minorities shall mean persons who are citizens of the | 14 | | United States or
lawful permanent resident aliens of the | 15 | | United States and who are any of the following: | 16 | | (1) American Indian or Alaska Native (a person having | 17 | | origins in any of the original peoples of North and South | 18 | | America, including Central America, and who maintains | 19 | | tribal affiliation or community attachment). | 20 | | (2) Asian (a person having origins in any of the | 21 | | original peoples of the Far East, Southeast Asia, or the | 22 | | Indian subcontinent, including, but not limited to, | 23 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
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| 1 | | the Philippine Islands, Thailand, and Vietnam). | 2 | | (3) Black or African American (a person having origins | 3 | | in any of the black racial groups of Africa). | 4 | | (4) Hispanic or Latino (a person of Cuban, Mexican, | 5 | | Puerto Rican, South or Central American, or other Spanish | 6 | | culture or origin, regardless of race). | 7 | | (5) Native Hawaiian or Other Pacific Islander (a | 8 | | person having origins in any of the original peoples of | 9 | | Hawaii, Guam, Samoa, or other Pacific Islands).
| 10 | | The Board shall adopt any rules necessary to administer | 11 | | this Section.
The Board shall also do the following:
| 12 | | (a) require all public institutions of higher education to | 13 | | develop and
submit plans for the implementation of this | 14 | | Section;
| 15 | | (b) conduct periodic review of public institutions of | 16 | | higher education to
determine compliance with this Section; | 17 | | and if the Board finds that a public
institution of higher | 18 | | education is not in compliance with this Section,
it shall | 19 | | notify the institution of steps to take to attain compliance;
| 20 | | (c) provide advice and counsel pursuant to this Section;
| 21 | | (d) conduct studies of the effectiveness of methods and | 22 | | strategies
designed to increase participation of students in | 23 | | education programs and
activities in which minorities, women | 24 | | and individuals with disabilities are
traditionally | 25 | | underrepresented, and monitor the success of students in such
| 26 | | education programs and activities;
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| 1 | | (e) encourage minority student recruitment and retention | 2 | | in colleges
and universities. In implementing this paragraph, | 3 | | the Board shall undertake
but need not be limited to the | 4 | | following: the establishment of guidelines
and plans for | 5 | | public institutions of higher education for minority student
| 6 | | recruitment and retention, the review and monitoring of | 7 | | minority student
programs implemented at public institutions | 8 | | of higher education to
determine their compliance with any | 9 | | guidelines and plans so established,
the determination of the | 10 | | effectiveness and funding requirements of minority
student | 11 | | programs at public institutions of higher education, the
| 12 | | dissemination of successful programs as models, and the | 13 | | encouragement of
cooperative partnerships between community | 14 | | colleges and local school
attendance centers which are | 15 | | experiencing difficulties in enrolling
minority students in | 16 | | four-year colleges and universities;
| 17 | | (f) mandate all public institutions of higher education to | 18 | | submit data
and information essential to determine compliance | 19 | | with this Section. The
Board shall prescribe the format and | 20 | | the date for submission of this data
and any other education | 21 | | equity data; and
| 22 | | (g) report to the General Assembly and the Governor | 23 | | annually with a
description of the plans submitted by each | 24 | | public institution of higher
education for implementation of | 25 | | this Section, including financial data
relating to the most | 26 | | recent fiscal year expenditures for specific minority
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| 1 | | programs, the effectiveness of such
plans and programs and the | 2 | | effectiveness of the methods and strategies developed by the
| 3 | | Board in meeting the purposes of this Section, the degree of | 4 | | compliance
with this Section by each public institution of | 5 | | higher education as
determined by the Board pursuant to its | 6 | | periodic review responsibilities,
and the findings made by the | 7 | | Board in conducting its studies and monitoring
student success | 8 | | as required by paragraph d) of this Section. With
respect to | 9 | | each public institution of higher education such report also | 10 | | shall
include, but need not be limited to, information with | 11 | | respect to each
institution's minority program budget | 12 | | allocations; minority student
admission, retention and | 13 | | graduation statistics; admission, retention, and graduation | 14 | | statistics of all students who are the first in their | 15 | | immediate family to attend an institution of higher education; | 16 | | number of financial
assistance awards to undergraduate and | 17 | | graduate minority students; and
minority faculty | 18 | | representation. This paragraph shall not be construed to
| 19 | | prohibit the Board from making, preparing or issuing | 20 | | additional surveys or
studies with respect to minority | 21 | | education in Illinois ; and | 22 | | (h) require all public institutions of higher education to | 23 | | comply with subsection (B) or (B-5) of the Illinois Human | 24 | | Rights Act .
| 25 | | (Source: P.A. 102-465, eff. 1-1-22 .)
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| 1 | | Section 10. The Illinois Human Rights Act is amended by | 2 | | changing Sections 2-101 and 2-105 as follows:
| 3 | | (775 ILCS 5/2-101)
| 4 | | Sec. 2-101. Definitions. The following definitions are | 5 | | applicable
strictly in the context of this Article.
| 6 | | (A) Employee.
| 7 | | (1) "Employee" includes:
| 8 | | (a) Any individual performing services for | 9 | | remuneration within this
State for an employer;
| 10 | | (b) An apprentice;
| 11 | | (c) An applicant for any apprenticeship.
| 12 | | For purposes of subsection (D) of Section 2-102 of | 13 | | this Act, "employee" also includes an unpaid intern. An | 14 | | unpaid intern is a person who performs work for an | 15 | | employer under the following circumstances: | 16 | | (i) the employer is not committed to hiring the | 17 | | person performing the work at the conclusion of the | 18 | | intern's tenure; | 19 | | (ii) the employer and the person performing the | 20 | | work agree that the person is not entitled to wages for | 21 | | the work performed; and | 22 | | (iii) the work performed: | 23 | | (I) supplements training given in an | 24 | | educational environment that may enhance the | 25 | | employability of the intern; |
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| 1 | | (II) provides experience for the benefit of | 2 | | the person performing the work; | 3 | | (III) does not displace regular employees; | 4 | | (IV) is performed under the close supervision | 5 | | of existing staff; and | 6 | | (V) provides no immediate advantage to the | 7 | | employer providing the training and may
| 8 | | occasionally impede the operations of the | 9 | | employer. | 10 | | (2) "Employee" does not include:
| 11 | | (a) (Blank);
| 12 | | (b) Individuals employed by persons who are not | 13 | | "employers" as
defined by this Act;
| 14 | | (c) Elected public officials or the members of | 15 | | their immediate
personal staffs;
| 16 | | (d) Principal administrative officers of the State | 17 | | or of any
political subdivision, municipal corporation | 18 | | or other governmental unit
or agency;
| 19 | | (e) A person in a vocational rehabilitation | 20 | | facility certified under
federal law who has been | 21 | | designated an evaluee, trainee, or work
activity | 22 | | client.
| 23 | | (B) Employer.
| 24 | | (1) "Employer" includes:
| 25 | | (a) Any person employing one or more employees | 26 | | within Illinois during
20 or more calendar weeks |
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| 1 | | within the calendar year of or preceding the alleged
| 2 | | violation;
| 3 | | (b) Any person employing one or more employees | 4 | | when a complainant
alleges civil rights violation due | 5 | | to unlawful discrimination based
upon his or her | 6 | | physical or mental disability unrelated to ability, | 7 | | pregnancy, or
sexual harassment;
| 8 | | (c) The State and any political subdivision, | 9 | | municipal corporation
or other governmental unit or | 10 | | agency, without regard to the number of
employees;
| 11 | | (d) Any party to a public contract without regard | 12 | | to the number of
employees;
| 13 | | (e) A joint apprenticeship or training committee | 14 | | without regard to the
number of employees.
| 15 | | (2) "Employer" does not include any place of worship, | 16 | | religious corporation,
association, educational | 17 | | institution, society, or non-profit nursing
institution | 18 | | conducted by and for those who rely upon treatment by | 19 | | prayer
through spiritual means in accordance with the | 20 | | tenets of a recognized
church or religious denomination | 21 | | with respect to the employment of
individuals of a | 22 | | particular religion to perform work connected with the
| 23 | | carrying on by such place of worship, corporation, | 24 | | association, educational institution,
society or | 25 | | non-profit nursing institution of its activities.
| 26 | | (C) Employment Agency. "Employment Agency" includes both |
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| 1 | | public and
private employment agencies and any person, labor | 2 | | organization, or labor
union having a hiring hall or hiring | 3 | | office regularly undertaking, with
or without compensation, to | 4 | | procure opportunities to work, or to
procure, recruit, refer | 5 | | or place employees.
| 6 | | (D) Labor Organization. "Labor Organization" includes any
| 7 | | organization, labor union, craft union, or any voluntary | 8 | | unincorporated
association designed to further the cause of | 9 | | the rights of union labor
which is constituted for the | 10 | | purpose, in whole or in part, of collective
bargaining or of | 11 | | dealing with employers concerning grievances, terms or
| 12 | | conditions of employment, or apprenticeships or applications | 13 | | for
apprenticeships, or of other mutual aid or protection in | 14 | | connection with
employment, including apprenticeships or | 15 | | applications for apprenticeships.
| 16 | | (E) Sexual Harassment. "Sexual harassment" means any | 17 | | unwelcome sexual
advances or requests for sexual favors or any | 18 | | conduct of a sexual nature
when (1) submission to such conduct | 19 | | is made either explicitly or implicitly
a term or condition of | 20 | | an individual's employment, (2) submission to or
rejection of | 21 | | such conduct by an individual is used as the basis for
| 22 | | employment decisions affecting such individual, or (3) such | 23 | | conduct has the
purpose or effect of substantially interfering | 24 | | with an individual's work
performance or creating an | 25 | | intimidating, hostile or offensive working
environment.
| 26 | | For purposes of this definition, the phrase "working |
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| 1 | | environment" is not limited to a physical location an employee | 2 | | is assigned to perform his or her duties. | 3 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 4 | | on the basis of an individual's actual or perceived race, | 5 | | color, religion, national origin, ancestry, age, sex, marital | 6 | | status, order of protection status, disability, military | 7 | | status, sexual orientation, pregnancy, unfavorable discharge | 8 | | from military service, citizenship status, or work | 9 | | authorization status that has the purpose or effect of | 10 | | substantially interfering with the individual's work | 11 | | performance or creating an intimidating, hostile, or offensive | 12 | | working environment. For purposes of this definition, the | 13 | | phrase "working environment" is not limited to a physical | 14 | | location an employee is assigned to perform his or her duties. | 15 | | (F) Religion. "Religion" with respect to employers | 16 | | includes all
aspects of religious observance and practice, as | 17 | | well as belief, unless an
employer demonstrates that he is | 18 | | unable to reasonably accommodate an
employee's or prospective | 19 | | employee's religious observance or practice
without undue | 20 | | hardship on the conduct of the employer's business.
| 21 | | (G) Public Employer. "Public employer" means the State, an | 22 | | agency or
department thereof, unit of local government, school | 23 | | district,
instrumentality or political subdivision.
| 24 | | (H) Public Employee. "Public employee" means an employee | 25 | | of the State,
agency or department thereof, unit of local | 26 | | government, school district,
instrumentality or political |
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| 1 | | subdivision. "Public employee" does not include
public | 2 | | officers or employees of the General Assembly or agencies | 3 | | thereof.
| 4 | | (I) Public Officer. "Public officer" means a person who is | 5 | | elected to
office pursuant to the Constitution or a statute or | 6 | | ordinance, or who is
appointed to an office which is | 7 | | established, and the qualifications and
duties of which are | 8 | | prescribed, by the Constitution or a statute or
ordinance, to | 9 | | discharge a public duty for the State, agency or department
| 10 | | thereof, unit of local government, school district, | 11 | | instrumentality or
political subdivision.
| 12 | | (J) Eligible Bidder. Except as defined in subsection (B-5) | 13 | | of Section 2-105, "eligible "Eligible bidder" means a person | 14 | | who, prior to contract award or prior to bid opening for State | 15 | | contracts for construction or construction-related services, | 16 | | has filed with the Department a properly completed, sworn and
| 17 | | currently valid employer report form, pursuant to the | 18 | | Department's regulations.
The provisions of this Article | 19 | | relating to eligible bidders apply only
to bids on contracts | 20 | | with the State and its departments, agencies, boards,
and | 21 | | commissions, and the provisions do not apply to bids on | 22 | | contracts with
units of local government or school districts.
| 23 | | (K) Citizenship Status. "Citizenship status" means the | 24 | | status of being:
| 25 | | (1) a born U.S. citizen;
| 26 | | (2) a naturalized U.S. citizen;
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| 1 | | (3) a U.S. national; or
| 2 | | (4) a person born outside the United States and not a | 3 | | U.S. citizen who
is not an unauthorized alien and who is | 4 | | protected from discrimination under
the provisions of | 5 | | Section 1324b of Title 8 of the United States Code, as
now | 6 | | or hereafter amended.
| 7 | | (L) Work Authorization Status. "Work authorization status" | 8 | | means the status of being a person born outside of the United | 9 | | States, and not a U.S. citizen, who is authorized by the | 10 | | federal government to work in the United States. | 11 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 12 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
| 13 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 14 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 15 | | Action.
| 16 | | (A) Public Contracts. Every party to a public contract and | 17 | | every
eligible bidder shall:
| 18 | | (1) Refrain from unlawful discrimination and | 19 | | discrimination based on
citizenship status in employment | 20 | | and undertake affirmative action to assure
equality of | 21 | | employment opportunity and eliminate the effects of past
| 22 | | discrimination;
| 23 | | (2) Comply with the procedures and requirements of the | 24 | | Department's
regulations concerning equal employment | 25 | | opportunities and affirmative action;
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| 1 | | (3) Provide such information, with respect to its | 2 | | employees and
applicants for employment, and assistance as | 3 | | the Department may
reasonably request;
| 4 | | (4) Have written sexual harassment policies that shall | 5 | | include, at a
minimum, the following information: (i) the | 6 | | illegality of
sexual harassment; (ii) the definition of | 7 | | sexual harassment under State
law; (iii) a description of | 8 | | sexual harassment, utilizing examples; (iv) the
vendor's | 9 | | internal complaint process including penalties; (v) the | 10 | | legal
recourse, investigative , and complaint process | 11 | | available through the
Department and the Commission; (vi) | 12 | | directions on how to contact the
Department and | 13 | | Commission; and (vii) protection against retaliation as
| 14 | | provided by Sections 6-101 and 6-101.5 of this Act. A copy | 15 | | of the policies shall
be provided to the Department upon | 16 | | request. Additionally, each bidder who submits a bid or | 17 | | offer for a State contract under the Illinois Procurement | 18 | | Code shall have a written copy of the bidder's sexual | 19 | | harassment policy as required under this paragraph (4). A | 20 | | copy of the policy shall be provided to the State agency | 21 | | entering into the contract upon request.
| 22 | | (B) State Agencies. Every State executive department, | 23 | | State agency,
board, commission, and instrumentality shall:
| 24 | | (1) Comply with the procedures and requirements of the | 25 | | Department's
regulations concerning equal employment | 26 | | opportunities and affirmative action . ;
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| 1 | | (2) Provide such information and assistance as the | 2 | | Department may request.
| 3 | | (3) Establish, maintain, and carry out a continuing | 4 | | affirmative action
plan consistent with this Act and the | 5 | | regulations of the Department designed
to promote equal | 6 | | opportunity for all State residents in every aspect of
| 7 | | agency personnel policy and practice. For purposes of | 8 | | these affirmative
action plans, the race and national | 9 | | origin categories to be included in the
plans are: | 10 | | American Indian or Alaska Native, Asian, Black or African | 11 | | American, Hispanic or Latino, Native Hawaiian or Other | 12 | | Pacific Islander. | 13 | | This plan shall
include a current detailed status | 14 | | report:
| 15 | | (a) indicating, by each position in State service, | 16 | | the number,
percentage, and average salary of | 17 | | individuals employed by race, national
origin, sex and | 18 | | disability, and any other category that the Department | 19 | | may
require by rule;
| 20 | | (b) identifying all positions in which the | 21 | | percentage of the people
employed by race, national | 22 | | origin, sex and disability, and any other
category | 23 | | that the Department may require by rule, is less than | 24 | | four-fifths of
the percentage of each of those | 25 | | components in the State work force;
| 26 | | (c) specifying the goals and methods for |
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| 1 | | increasing the percentage
by race, national origin, | 2 | | sex , and disability, and any other category
that the | 3 | | Department may require by rule, in State positions;
| 4 | | (d) indicating progress and problems toward | 5 | | meeting equal employment
opportunity goals, including, | 6 | | if applicable, but not limited to, Department
of | 7 | | Central Management Services recruitment efforts, | 8 | | publicity, promotions,
and use of options designating | 9 | | positions by linguistic abilities;
| 10 | | (e) establishing a numerical hiring goal for the | 11 | | employment of
qualified persons with disabilities in | 12 | | the agency as a whole, to be based
on the proportion of | 13 | | people with work disabilities in the Illinois labor
| 14 | | force as reflected in the most recent employment data | 15 | | made available by the United States Census Bureau.
| 16 | | (4) If the agency has 1000 or more employees, appoint | 17 | | a full-time Equal
Employment Opportunity officer, subject | 18 | | to the Department's approval, whose
duties shall include:
| 19 | | (a) Advising the head of the particular State | 20 | | agency with respect to the
preparation of equal | 21 | | employment opportunity programs, procedures, | 22 | | regulations,
reports, and the agency's affirmative | 23 | | action plan.
| 24 | | (b) Evaluating in writing each fiscal year the | 25 | | sufficiency of the total
agency program for equal | 26 | | employment opportunity and reporting thereon to
the |
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| 1 | | head of the agency with recommendations as to any | 2 | | improvement or
correction in recruiting, hiring or | 3 | | promotion needed, including remedial or
disciplinary | 4 | | action with respect to managerial or supervisory | 5 | | employees who
have failed to cooperate fully or who | 6 | | are in violation of the program.
| 7 | | (c) Making changes in recruitment, training and | 8 | | promotion programs
and in hiring and promotion | 9 | | procedures designed to eliminate
discriminatory | 10 | | practices when authorized.
| 11 | | (d) Evaluating tests, employment policies,
| 12 | | practices , and qualifications
and reporting to the | 13 | | head of the agency and to the Department any policies,
| 14 | | practices and qualifications that have unequal impact | 15 | | by race, national origin
as required by Department | 16 | | rule, sex , or disability or any other category that
| 17 | | the Department may require by rule, and to assist in | 18 | | the recruitment of people
in underrepresented | 19 | | classifications. This function shall be performed in
| 20 | | cooperation with the State Department of Central | 21 | | Management Services.
| 22 | | (e) Making any aggrieved employee or applicant for | 23 | | employment aware of
his or her remedies under this | 24 | | Act.
| 25 | | In any meeting, investigation, negotiation, | 26 | | conference, or other
proceeding between a State |
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| 1 | | employee and an Equal Employment Opportunity
officer, | 2 | | a State employee (1) who is not covered by a collective | 3 | | bargaining
agreement and (2) who is the complaining | 4 | | party or the subject of such
proceeding may be | 5 | | accompanied, advised and represented by (1) an | 6 | | attorney
licensed to practice law in the State of | 7 | | Illinois or (2) a representative of an
employee | 8 | | organization whose membership is composed of employees | 9 | | of the State
and of which the employee is a member. A | 10 | | representative of an employee, other
than an attorney, | 11 | | may observe but may not actively participate, or | 12 | | advise the
State employee during the course of such | 13 | | meeting, investigation, negotiation,
conference , or | 14 | | other proceeding. Nothing in this Section shall be
| 15 | | construed to permit any person who is not licensed to | 16 | | practice law in Illinois
to deliver any legal services | 17 | | or otherwise engage in any activities that would
| 18 | | constitute the unauthorized practice of law. Any | 19 | | representative of an employee
who is present with the | 20 | | consent of the employee, shall not, during or after
| 21 | | termination of the relationship permitted by this | 22 | | Section with the State
employee, use or reveal any | 23 | | information obtained during the course of the
meeting, | 24 | | investigation, negotiation, conference , or other | 25 | | proceeding without the
consent of the complaining | 26 | | party and any State employee who is the subject of
the |
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| 1 | | proceeding and pursuant to rules and regulations | 2 | | governing confidentiality
of such information as | 3 | | promulgated by the appropriate State agency.
| 4 | | Intentional or reckless disclosure of information in | 5 | | violation of these
confidentiality requirements shall | 6 | | constitute a Class B misdemeanor.
| 7 | | (5) Establish, maintain , and carry out a continuing | 8 | | sexual harassment
program that shall include the | 9 | | following:
| 10 | | (a) Develop a written sexual harassment policy | 11 | | that includes at a
minimum the following information: | 12 | | (i) the illegality of sexual harassment;
(ii) the | 13 | | definition of sexual harassment under State law; (iii) | 14 | | a
description of sexual harassment, utilizing | 15 | | examples; (iv) the agency's
internal complaint process | 16 | | including penalties; (v) the legal recourse,
| 17 | | investigative , and complaint process available through | 18 | | the Department and
the Commission; (vi) directions on | 19 | | how to contact the Department and
Commission; and | 20 | | (vii) protection against retaliation as provided by | 21 | | Section
6-101 of this Act. The policy shall be | 22 | | reviewed annually.
| 23 | | (b) Post in a prominent and accessible location | 24 | | and distribute in a
manner to assure notice to all | 25 | | agency employees without exception the
agency's sexual | 26 | | harassment policy. Such documents may meet, but shall |
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| 1 | | not
exceed, the 6th grade literacy level. Distribution | 2 | | shall be effectuated within
90 days of the effective | 3 | | date of this amendatory Act of 1992 and shall occur
| 4 | | annually thereafter.
| 5 | | (c) Provide training on sexual harassment | 6 | | prevention and the
agency's sexual harassment policy | 7 | | as a component of all ongoing or new
employee training | 8 | | programs.
| 9 | | (6) Notify the Department 30 days before effecting any | 10 | | layoff. Once
notice is given, the following shall occur:
| 11 | | (a) No layoff may be effective
earlier than 10 | 12 | | working days after
notice to the Department, unless an
| 13 | | emergency layoff situation exists.
| 14 | | (b) The State executive department, State agency, | 15 | | board, commission,
or instrumentality in which the | 16 | | layoffs are to occur must
notify each employee | 17 | | targeted for layoff, the employee's union
| 18 | | representative (if applicable), and the State | 19 | | Dislocated Worker Unit at the
Department of Commerce | 20 | | and Economic Opportunity.
| 21 | | (c) The State executive department, State agency, | 22 | | board, commission,
or instrumentality in
which the | 23 | | layoffs are to occur must conform to applicable | 24 | | collective
bargaining agreements.
| 25 | | (d) The State executive department, State agency, | 26 | | board, commission, or
instrumentality in which the |
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| 1 | | layoffs are to occur should notify each employee
| 2 | | targeted for layoff that transitional assistance may | 3 | | be available to him or her
under the Economic | 4 | | Dislocation and Worker Adjustment Assistance Act
| 5 | | administered by the Department of Commerce and | 6 | | Economic Opportunity. Failure to
give such notice | 7 | | shall not invalidate the layoff or postpone its | 8 | | effective
date.
| 9 | | As used in this subsection (B), "disability" shall be | 10 | | defined in
rules promulgated under the Illinois Administrative
| 11 | | Procedure Act. | 12 | | The provisions of this subsection do not apply to a | 13 | | purchasing institution of higher education that has adopted a | 14 | | 5% plus factor under subsection (B-5).
| 15 | | (B-5) State Agencies; Public Higher Education. A | 16 | | university or community college listed in Section 1 of the | 17 | | Board of Higher Education Act, at the discretion of its | 18 | | governing board, may adopt a 5% plus factor with respect to a | 19 | | minority-owned business, women-owned business, or business | 20 | | owned by a person with a disability. The use of a 5% plus | 21 | | factor shall require every bid price that is submitted by an | 22 | | eligible bidder to be multiplied by 0.95 for purposes of bid | 23 | | selection. | 24 | | A university or community college listed in Section 1 of | 25 | | the Board of Higher Education Act, at the direction of the | 26 | | governing board, may adopt reciprocity with respect to the |
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| 1 | | procurement certifications operated by the City of Chicago | 2 | | with respect to a minority-owned business, women-owned | 3 | | business, or business owned by a person with a disability. | 4 | | This subsection applies to the purchasing institution of | 5 | | higher education and the provisions of subsection (B) are | 6 | | suspended. However, if the plus factor ceases to be applied, | 7 | | the provisions of this subsection shall automatically be | 8 | | suspended and the institution of higher education shall be | 9 | | subject to subsection (B). | 10 | | As used in this subsection: | 11 | | "Business owned by a person with a disability" has the | 12 | | same meaning as used in Section 2 of the Business Enterprise | 13 | | for Minorities, Women, and Persons with Disabilities Act. | 14 | | "Eligible bidder" has the meaning provided in subsection | 15 | | (J) of Section 2-101 and also means a business granted | 16 | | standing under Chapter 2-92 of the Municipal Code of Chicago. | 17 | | "Minority-owned business" has the same meaning as used in | 18 | | Section 2 of the Business Enterprise for Minorities, Women, | 19 | | and Persons with Disabilities Act. | 20 | | "Procurement certifications operated by the City of | 21 | | Chicago" refers to the certification of eligible businesses | 22 | | under Section 2-92-495 of the Municipal Code of Chicago. | 23 | | "Women-owned business" has the same meaning as used in | 24 | | Section 2 of the Business Enterprise for Minorities, Women, | 25 | | and Persons with Disabilities Act. | 26 | | (C) Civil Rights Violations. It is a civil rights |
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| 1 | | violation for any
public contractor or eligible bidder to:
| 2 | | (1) fail to comply with the public contractor's or | 3 | | eligible bidder's
duty to refrain from unlawful | 4 | | discrimination and discrimination based on
citizenship | 5 | | status in employment under subsection (A)(1) of this | 6 | | Section; or
| 7 | | (2) fail to comply with the public contractor's or | 8 | | eligible bidder's
duties of affirmative action under | 9 | | subsection (A) of this Section, provided
however, that the
| 10 | | Department has notified the public contractor or eligible | 11 | | bidder in writing
by certified mail that the public | 12 | | contractor or eligible bidder may not be
in compliance | 13 | | with affirmative action requirements of subsection (A). A
| 14 | | minimum
of 60 days to comply with the requirements shall | 15 | | be afforded to the public
contractor or eligible bidder | 16 | | before the Department may issue formal notice of
| 17 | | non-compliance.
| 18 | | (D) As used in this Section: | 19 | | (1) "American Indian or Alaska Native" means a person | 20 | | having origins in any of the original peoples of North and | 21 | | South America, including Central America, and who | 22 | | maintains tribal affiliation or community attachment. | 23 | | (2) "Asian" means a person having origins in any of | 24 | | the original peoples of the Far East, Southeast Asia, or | 25 | | the Indian subcontinent, including, but not limited to, | 26 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
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| 1 | | the Philippine Islands, Thailand, and Vietnam. | 2 | | (3) "Black or African American" means a person having | 3 | | origins in any of the black racial groups of Africa. | 4 | | (4) "Hispanic or Latino" means a person of Cuban, | 5 | | Mexican, Puerto Rican, South or Central American, or other | 6 | | Spanish culture or origin, regardless of race. | 7 | | (5) "Native Hawaiian or Other Pacific Islander" means | 8 | | a person having origins in any of the original peoples of | 9 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 10 | | (Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; | 11 | | revised 9-22-21.)
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