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90_HB0494eng
775 ILCS 5/2-105 from Ch. 68, par. 2-105
Amends the Illinois Human Rights Act. Requires each
State agency to which the equal employment opportunity and
affirmative action provisions of the Act apply to make
adverse impact determinations in accordance with rules
adopted by the Department of Human Rights before effecting
any layoffs. Provides that layoffs of individuals in a
category determined by the Department for affirmative action
purposes shall not occur if a determination is made that the
layoffs would have an adverse impact on the percentage of
individuals in that category in the agency's work force.
Provides that the State agency equal employment opportunity
and affirmative action provisions of the Act apply to the
offices of the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, and State
Treasurer. Effective immediately.
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1 AN ACT to amend the Illinois Human Rights Act by changing
2 Section 2-105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Human Rights Act is amended by
6 changing Section 2-105 as follows:
7 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
8 Sec. 2-105. Equal Employment Opportunities; Affirmative
9 Action.
10 (A) Public Contracts. Every party to a public contract
11 and every eligible bidder shall:
12 (1) Refrain from unlawful discrimination and
13 discrimination based on citizenship status in employment
14 and undertake affirmative action to assure equality of
15 employment opportunity and eliminate the effects of past
16 discrimination;
17 (2) Comply with the procedures and requirements of
18 the Department's regulations concerning equal employment
19 opportunities and affirmative action;
20 (3) Provide such information, with respect to its
21 employees and applicants for employment, and assistance
22 as the Department may reasonably request;
23 (4) Have written sexual harassment policies that
24 shall include, at a minimum, the following information:
25 (i) the illegality of sexual harassment; (ii) the
26 definition of sexual harassment under State law; (iii) a
27 description of sexual harassment, utilizing examples;
28 (iv) the vendor's internal complaint process including
29 penalties; (v) the legal recourse, investigative and
30 complaint process available through the Department and
31 the Commission; (vi) directions on how to contact the
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1 Department and Commission; and (vii) protection against
2 retaliation as provided by Section 6-101 of this Act. A
3 copy of the policies shall be provided to the Department
4 upon request.
5 (B) State Agencies. Every State executive department,
6 State agency, board, commission, and instrumentality shall:
7 (1) Comply with the procedures and requirements of
8 the Department's regulations concerning equal employment
9 opportunities and affirmative action;
10 (2) Provide such information and assistance as the
11 Department may request;
12 (3) Establish, maintain, and carry out a continuing
13 affirmative action plan consistent with this Act and the
14 regulations of the Department designed to promote equal
15 opportunity for all State residents in every aspect of
16 agency personnel policy and practice. For purposes of
17 these affirmative action plans, the race and national
18 origin categories to be included in the plans are:
19 African American, Hispanic or Latino, Native American,
20 Asian, and any other category as required by Department
21 rule. This plan shall include a current detailed status
22 report:
23 (a) indicating, by each position in State
24 service, the number, percentage, and average salary
25 of individuals employed by race, national origin,
26 sex and disability, and any other category that the
27 Department may require by rule;
28 (b) identifying all positions in which the
29 percentage of the people employed by race, national
30 origin, sex and disability, and any other category
31 that the Department may require by rule, is less
32 than four-fifths of the percentage of each of those
33 components in the State work force;
34 (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,
6 including, if applicable, but not limited to,
7 Department of Central Management Services
8 recruitment efforts, publicity, promotions, and use
9 of options designating positions by linguistic
10 abilities;
11 (e) establishing a numerical hiring goal for
12 the employment of qualified persons with
13 disabilities in the agency as a whole, to be based
14 on the proportion of people with work disabilities
15 in the Illinois labor force as reflected in the most
16 recent decennial Census.
17 (4) If the agency has 1000 or more employees,
18 appoint a full-time Equal Employment Opportunity officer,
19 subject to the Department's approval, whose duties shall
20 include:
21 (a) Advising the head of the particular State
22 agency with respect to the preparation of equal
23 employment opportunity programs, procedures,
24 regulations, reports, and the agency's affirmative
25 action plan.
26 (b) Evaluating in writing each fiscal year the
27 sufficiency of the total agency program for equal
28 employment opportunity and reporting thereon to the
29 head of the agency with recommendations as to any
30 improvement or correction in recruiting, hiring or
31 promotion needed, including remedial or disciplinary
32 action with respect to managerial or supervisory
33 employees who have failed to cooperate fully or who
34 are in violation of the program.
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1 (c) Making changes in recruitment, training
2 and promotion programs and in hiring and promotion
3 procedures designed to eliminate discriminatory
4 practices when authorized.
5 (d) Evaluating tests, employment policies,
6 practices and qualifications and reporting to the
7 head of the agency and to the Department any
8 policies, practices and qualifications that have
9 unequal impact by race, national origin as required
10 by Department rule, sex or disability or any other
11 category that the Department may require by rule,
12 and to assist in the recruitment of people in
13 underrepresented classifications. This function
14 shall be performed in cooperation with the State
15 Department of Central Management Services.
16 (e) Making any aggrieved employee or applicant
17 for employment aware of his or her remedies under
18 this Act.
19 In any meeting, investigation, negotiation,
20 conference, or other proceeding between a State
21 employee and an Equal Employment Opportunity
22 officer, a State employee (1) who is not covered by
23 a collective bargaining agreement and (2) who is the
24 complaining party or the subject of such proceeding
25 may be accompanied, advised and represented by (1)
26 an attorney licensed to practice law in the State of
27 Illinois or (2) a representative of an employee
28 organization whose membership is composed of
29 employees of the State and of which the employee is
30 a member. A representative of an employee, other
31 than an attorney, may observe but may not actively
32 participate, or advise the State employee during the
33 course of such meeting, investigation, negotiation,
34 conference or other proceeding. Nothing in this
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1 Section shall be construed to permit any person who
2 is not licensed to practice law in Illinois to
3 deliver any legal services or otherwise engage in
4 any activities that would constitute the
5 unauthorized practice of law. Any representative of
6 an employee who is present with the consent of the
7 employee, shall not, during or after termination of
8 the relationship permitted by this Section with the
9 State employee, use or reveal any information
10 obtained during the course of the meeting,
11 investigation, negotiation, conference or other
12 proceeding without the consent of the complaining
13 party and any State employee who is the subject of
14 the proceeding and pursuant to rules and regulations
15 governing confidentiality of such information as
16 promulgated by the appropriate State agency.
17 Intentional or reckless disclosure of information in
18 violation of these confidentiality requirements
19 shall constitute a Class B misdemeanor.
20 (5) Establish, maintain and carry out a continuing
21 sexual harassment program that shall include the
22 following:
23 (a) Develop a written sexual harassment policy
24 that includes at a minimum the following
25 information: (i) the illegality of sexual
26 harassment; (ii) the definition of sexual harassment
27 under State law; (iii) a description of sexual
28 harassment, utilizing examples; (iv) the agency's
29 internal complaint process including penalties; (v)
30 the legal recourse, investigative and complaint
31 process available through the Department and the
32 Commission; (vi) directions on how to contact the
33 Department and Commission; and (vii) protection
34 against retaliation as provided by Section 6-101 of
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1 this Act. The policy shall be reviewed annually.
2 (b) Post in a prominent and accessible
3 location and distribute in a manner to assure notice
4 to all agency employees without exception the
5 agency's sexual harassment policy. Such documents
6 may meet, but shall not exceed, the 6th grade
7 literacy level. Distribution shall be effectuated
8 within 90 days of the effective date of this
9 amendatory Act of 1992 and shall occur annually
10 thereafter.
11 (c) Provide training on sexual harassment
12 prevention and the agency's sexual harassment policy
13 as a component of all ongoing or new employee
14 training programs.
15 (6) Notify the Department 30 days before effecting
16 any layoff. Once notice is given, the following shall
17 occur:
18 (a) Within 30 days of the notification of the
19 layoff, the Department must make adverse impact
20 determinations in relation to the percentages of
21 categories determined by the Department under this
22 Section for affirmative action purposes. A copy of
23 these determinations must be delivered to the State
24 executive department, State agency, board,
25 commission, or instrumentality, any labor
26 organization representing employees affected by the
27 layoff, the General Assembly, and the Governor's
28 office. If an adverse impact is determined to
29 occur, no layoff may be effected for 90 days
30 following the release of the determinations.
31 (b) The State executive department, State
32 agency, board, commission, or instrumentality in
33 which the layoffs are to occur must notify each
34 employee to be laid off, the employee's union
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1 representative (if applicable), and the State
2 Dislocated Worker Unit at the Department of Commerce
3 and Community Affairs.
4 (c) The State executive department, State
5 agency, board, commission, or instrumentality in
6 which the layoffs are to occur must inform each
7 employee to be laid off of the options available to
8 him or her including:
9 (i) a copy of the adverse impact
10 determination;
11 (ii) any bumping rights which may be
12 available;
13 (iii) the date the layoff is to occur;
14 (iv) any transitional assistance which
15 may be available to him or her, including but
16 not limited to assistance under the Economic
17 Dislocation and Worker Adjustment Assistance
18 Act administered by the Department of Commerce
19 and Community Affairs.
20 As used in this subsection (B), "disability" shall be
21 defined in rules promulgated under the Illinois
22 Administrative Procedure Act.
23 (C) Civil Rights Violations. It is a civil rights
24 violation for any public contractor or eligible bidder to:
25 (1) fail to comply with the public contractor's or
26 eligible bidder's duty to refrain from unlawful
27 discrimination and discrimination based on citizenship
28 status in employment under subsection (A)(1) of this
29 Section; or
30 (2) fail to comply with the public contractor's or
31 eligible bidder's duties of affirmative action under
32 subsection (A) of this Section, provided however, that
33 the Department has notified the public contractor or
34 eligible bidder in writing by certified mail that the
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1 public contractor or eligible bidder may not be in
2 compliance with affirmative action requirements of
3 subsection (A). A minimum of 60 days to comply with the
4 requirements shall be afforded to the public contractor
5 or eligible bidder before the Department may issue formal
6 notice of non-compliance.
7 (Source: P.A. 88-498; 89-370, eff. 8-18-95.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.