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90_HB0494ham004
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1 AMENDMENT TO HOUSE BILL 494
2 AMENDMENT NO. . Amend House Bill 494, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Illinois Human Rights Act by
5 changing Section 2-105."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Human Rights Act is amended by
9 changing Section 2-105 as follows:
10 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
11 Sec. 2-105. Equal Employment Opportunities; Affirmative
12 Action.
13 (A) Public Contracts. Every party to a public contract
14 and every eligible bidder shall:
15 (1) Refrain from unlawful discrimination and
16 discrimination based on citizenship status in employment
17 and undertake affirmative action to assure equality of
18 employment opportunity and eliminate the effects of past
19 discrimination;
20 (2) Comply with the procedures and requirements of
21 the Department's regulations concerning equal employment
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1 opportunities and affirmative action;
2 (3) Provide such information, with respect to its
3 employees and applicants for employment, and assistance
4 as the Department may reasonably request;
5 (4) Have written sexual harassment policies that
6 shall include, at a minimum, the following information:
7 (i) the illegality of sexual harassment; (ii) the
8 definition of sexual harassment under State law; (iii) a
9 description of sexual harassment, utilizing examples;
10 (iv) the vendor's internal complaint process including
11 penalties; (v) the legal recourse, investigative and
12 complaint process available through the Department and
13 the Commission; (vi) directions on how to contact the
14 Department and Commission; and (vii) protection against
15 retaliation as provided by Section 6-101 of this Act. A
16 copy of the policies shall be provided to the Department
17 upon request.
18 (B) State Agencies. Every State executive department,
19 State agency, board, commission, and instrumentality shall:
20 (1) Comply with the procedures and requirements of
21 the Department's regulations concerning equal employment
22 opportunities and affirmative action;
23 (2) Provide such information and assistance as the
24 Department may request.
25 (3) Establish, maintain, and carry out a continuing
26 affirmative action plan consistent with this Act and the
27 regulations of the Department designed to promote equal
28 opportunity for all State residents in every aspect of
29 agency personnel policy and practice. For purposes of
30 these affirmative action plans, the race and national
31 origin categories to be included in the plans are:
32 African American, Hispanic or Latino, Native American,
33 Asian, and any other category as required by Department
34 rule. This plan shall include a current detailed status
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1 report:
2 (a) indicating, by each position in State
3 service, the number, percentage, and average salary
4 of individuals employed by race, national origin,
5 sex and disability, and any other category that the
6 Department may require by rule;
7 (b) identifying all positions in which the
8 percentage of the people employed by race, national
9 origin, sex and disability, and any other category
10 that the Department may require by rule, is less
11 than four-fifths of the percentage of each of those
12 components in the State work force;
13 (c) specifying the goals and methods for
14 increasing the percentage by race, national origin,
15 sex and disability, and any other category that the
16 Department may require by rule, in State positions;
17 (d) indicating progress and problems toward
18 meeting equal employment opportunity goals,
19 including, if applicable, but not limited to,
20 Department of Central Management Services
21 recruitment efforts, publicity, promotions, and use
22 of options designating positions by linguistic
23 abilities;
24 (e) establishing a numerical hiring goal for
25 the employment of qualified persons with
26 disabilities in the agency as a whole, to be based
27 on the proportion of people with work disabilities
28 in the Illinois labor force as reflected in the most
29 recent decennial Census.
30 (4) If the agency has 1000 or more employees,
31 appoint a full-time Equal Employment Opportunity officer,
32 subject to the Department's approval, whose duties shall
33 include:
34 (a) Advising the head of the particular State
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1 agency with respect to the preparation of equal
2 employment opportunity programs, procedures,
3 regulations, reports, and the agency's affirmative
4 action plan.
5 (b) Evaluating in writing each fiscal year the
6 sufficiency of the total agency program for equal
7 employment opportunity and reporting thereon to the
8 head of the agency with recommendations as to any
9 improvement or correction in recruiting, hiring or
10 promotion needed, including remedial or disciplinary
11 action with respect to managerial or supervisory
12 employees who have failed to cooperate fully or who
13 are in violation of the program.
14 (c) Making changes in recruitment, training
15 and promotion programs and in hiring and promotion
16 procedures designed to eliminate discriminatory
17 practices when authorized.
18 (d) Evaluating tests, employment policies,
19 practices and qualifications and reporting to the
20 head of the agency and to the Department any
21 policies, practices and qualifications that have
22 unequal impact by race, national origin as required
23 by Department rule, sex or disability or any other
24 category that the Department may require by rule,
25 and to assist in the recruitment of people in
26 underrepresented classifications. This function
27 shall be performed in cooperation with the State
28 Department of Central Management Services.
29 (e) Making any aggrieved employee or applicant
30 for employment aware of his or her remedies under
31 this Act.
32 In any meeting, investigation, negotiation,
33 conference, or other proceeding between a State
34 employee and an Equal Employment Opportunity
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1 officer, a State employee (1) who is not covered by
2 a collective bargaining agreement and (2) who is the
3 complaining party or the subject of such proceeding
4 may be accompanied, advised and represented by (1)
5 an attorney licensed to practice law in the State of
6 Illinois or (2) a representative of an employee
7 organization whose membership is composed of
8 employees of the State and of which the employee is
9 a member. A representative of an employee, other
10 than an attorney, may observe but may not actively
11 participate, or advise the State employee during the
12 course of such meeting, investigation, negotiation,
13 conference or other proceeding. Nothing in this
14 Section shall be construed to permit any person who
15 is not licensed to practice law in Illinois to
16 deliver any legal services or otherwise engage in
17 any activities that would constitute the
18 unauthorized practice of law. Any representative of
19 an employee who is present with the consent of the
20 employee, shall not, during or after termination of
21 the relationship permitted by this Section with the
22 State employee, use or reveal any information
23 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
27 the proceeding and pursuant to rules and regulations
28 governing confidentiality of such information as
29 promulgated by the appropriate State agency.
30 Intentional or reckless disclosure of information in
31 violation of these confidentiality requirements
32 shall constitute a Class B misdemeanor.
33 (5) Establish, maintain and carry out a continuing
34 sexual harassment program that shall include the
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1 following:
2 (a) Develop a written sexual harassment policy
3 that includes at a minimum the following
4 information: (i) the illegality of sexual
5 harassment; (ii) the definition of sexual harassment
6 under State law; (iii) a description of sexual
7 harassment, utilizing examples; (iv) the agency's
8 internal complaint process including penalties; (v)
9 the legal recourse, investigative and complaint
10 process available through the Department and the
11 Commission; (vi) directions on how to contact the
12 Department and Commission; and (vii) protection
13 against retaliation as provided by Section 6-101 of
14 this Act. The policy shall be reviewed annually.
15 (b) Post in a prominent and accessible
16 location and distribute in a manner to assure notice
17 to all agency employees without exception the
18 agency's sexual harassment policy. Such documents
19 may meet, but shall not exceed, the 6th grade
20 literacy level. Distribution shall be effectuated
21 within 90 days of the effective date of this
22 amendatory Act of 1992 and shall occur annually
23 thereafter.
24 (c) Provide training on sexual harassment
25 prevention and the agency's sexual harassment policy
26 as a component of all ongoing or new employee
27 training programs.
28 (6) Notify the Department 30 days before effecting
29 any layoff. Once notice is given, the following shall
30 occur:
31 (a) Within 30 days of the notification of the
32 layoff, the Department must make adverse impact
33 determinations in relation to the percentages of
34 categories determined by the Department under this
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1 Section for affirmative action purposes. A copy of
2 these determinations must be delivered to the State
3 executive department, State agency, board,
4 commission, or instrumentality, any labor
5 organization representing employees affected by the
6 layoff, the General Assembly, and the Governor's
7 office. If an adverse impact is determined to
8 occur, no layoff may be effected for 90 days
9 following the release of the determinations.
10 (b) The State executive department, State
11 agency, board, commission, or instrumentality in
12 which the layoffs are to occur must notify each
13 employee to be laid off, the employee's union
14 representative (if applicable), and the State
15 Dislocated Worker Unit at the Department of Commerce
16 and Community Affairs.
17 (c) The State executive department, State
18 agency, board, commission, or instrumentality in
19 which the layoffs are to occur must inform each
20 employee to be laid off of the options available to
21 him or her including:
22 (i) a copy of the adverse impact
23 determination;
24 (ii) any bumping rights which may be
25 available;
26 (iii) the date the layoff is to occur;
27 (iv) any transitional assistance which
28 may be available to him or her, including but
29 not limited to assistance under the Economic
30 Dislocation and Worker Adjustment Assistance
31 Act administered by the Department of Commerce
32 and Community Affairs.
33 As used in this subsection (B), "disability" shall be
34 defined in rules promulgated under the Illinois
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1 Administrative Procedure Act.
2 (C) Civil Rights Violations. It is a civil rights
3 violation for any public contractor or eligible bidder to:
4 (1) fail to comply with the public contractor's or
5 eligible bidder's duty to refrain from unlawful
6 discrimination and discrimination based on citizenship
7 status in employment under subsection (A)(1) of this
8 Section; or
9 (2) fail to comply with the public contractor's or
10 eligible bidder's duties of affirmative action under
11 subsection (A) of this Section, provided however, that
12 the Department has notified the public contractor or
13 eligible bidder in writing by certified mail that the
14 public contractor or eligible bidder may not be in
15 compliance with affirmative action requirements of
16 subsection (A). A minimum of 60 days to comply with the
17 requirements shall be afforded to the public contractor
18 or eligible bidder before the Department may issue formal
19 notice of non-compliance.
20 (Source: P.A. 88-498; 89-370, eff. 8-18-95.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".