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90_SB0218ham001
LRB9001484MWpcam
1 AMENDMENT TO SENATE BILL 218
2 AMENDMENT NO. . Amend Senate Bill 218 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning government."; and
5 on page 27, by inserting below line 19 the following:
6 "Section 10. The Illinois Human Rights Act is amended by
7 changing Section 2-105 as follows:
8 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
9 Sec. 2-105. Equal Employment Opportunities; Affirmative
10 Action.
11 (A) Public Contracts. Every party to a public contract
12 and every eligible bidder shall:
13 (1) Refrain from unlawful discrimination and
14 discrimination based on citizenship status in employment
15 and undertake affirmative action to assure equality of
16 employment opportunity and eliminate the effects of past
17 discrimination;
18 (2) Comply with the procedures and requirements of
19 the Department's regulations concerning equal employment
20 opportunities and affirmative action;
21 (3) Provide such information, with respect to its
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1 employees and applicants for employment, and assistance
2 as the Department may reasonably request;
3 (4) Have written sexual harassment policies that
4 shall include, at a minimum, the following information:
5 (i) the illegality of sexual harassment; (ii) the
6 definition of sexual harassment under State law; (iii) a
7 description of sexual harassment, utilizing examples;
8 (iv) the vendor's internal complaint process including
9 penalties; (v) the legal recourse, investigative and
10 complaint process available through the Department and
11 the Commission; (vi) directions on how to contact the
12 Department and Commission; and (vii) protection against
13 retaliation as provided by Section 6-101 of this Act. A
14 copy of the policies shall be provided to the Department
15 upon request.
16 (B) State Agencies. Every State executive department,
17 State agency, board, commission, and instrumentality shall:
18 (1) Comply with the procedures and requirements of
19 the Department's regulations concerning equal employment
20 opportunities and affirmative action;
21 (2) Provide such information and assistance as the
22 Department may request;
23 (3) Establish, maintain, and carry out a continuing
24 affirmative action plan consistent with this Act and the
25 regulations of the Department designed to promote equal
26 opportunity for all State residents in every aspect of
27 agency personnel policy and practice. For purposes of
28 these affirmative action plans, the race and national
29 origin categories to be included in the plans are:
30 African American, Hispanic or Latino, Native American,
31 Asian, and any other category as required by Department
32 rule. This plan shall include a current detailed status
33 report:
34 (a) indicating, by each position in State
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1 service, the number, percentage, and average salary
2 of individuals employed by race, national origin,
3 sex and disability, and any other category that the
4 Department may require by rule;
5 (b) identifying all positions in which the
6 percentage of the people employed by race, national
7 origin, sex and disability, and any other category
8 that the Department may require by rule, is less
9 than four-fifths of the percentage of each of those
10 components in the State work force;
11 (c) specifying the goals and methods for
12 increasing the percentage by race, national origin,
13 sex and disability, and any other category that the
14 Department may require by rule, in State positions;
15 (d) indicating progress and problems toward
16 meeting equal employment opportunity goals,
17 including, if applicable, but not limited to,
18 Department of Central Management Services
19 recruitment efforts, publicity, promotions, and use
20 of options designating positions by linguistic
21 abilities;
22 (e) establishing a numerical hiring goal for
23 the employment of qualified persons with
24 disabilities in the agency as a whole, to be based
25 on the proportion of people with work disabilities
26 in the Illinois labor force as reflected in the most
27 recent decennial Census.
28 (4) If the agency has 1000 or more employees,
29 appoint a full-time Equal Employment Opportunity officer,
30 subject to the Department's approval, whose duties shall
31 include:
32 (a) Advising the head of the particular State
33 agency with respect to the preparation of equal
34 employment opportunity programs, procedures,
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1 regulations, reports, and the agency's affirmative
2 action plan.
3 (b) Evaluating in writing each fiscal year the
4 sufficiency of the total agency program for equal
5 employment opportunity and reporting thereon to the
6 head of the agency with recommendations as to any
7 improvement or correction in recruiting, hiring or
8 promotion needed, including remedial or disciplinary
9 action with respect to managerial or supervisory
10 employees who have failed to cooperate fully or who
11 are in violation of the program.
12 (c) Making changes in recruitment, training
13 and promotion programs and in hiring and promotion
14 procedures designed to eliminate discriminatory
15 practices when authorized.
16 (d) Evaluating tests, employment policies,
17 practices and qualifications and reporting to the
18 head of the agency and to the Department any
19 policies, practices and qualifications that have
20 unequal impact by race, national origin as required
21 by Department rule, sex or disability or any other
22 category that the Department may require by rule,
23 and to assist in the recruitment of people in
24 underrepresented classifications. This function
25 shall be performed in cooperation with the State
26 Department of Central Management Services.
27 (e) Making any aggrieved employee or applicant
28 for employment aware of his or her remedies under
29 this Act.
30 In any meeting, investigation, negotiation,
31 conference, or other proceeding between a State
32 employee and an Equal Employment Opportunity
33 officer, a State employee (1) who is not covered by
34 a collective bargaining agreement and (2) who is the
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1 complaining party or the subject of such proceeding
2 may be accompanied, advised and represented by (1)
3 an attorney licensed to practice law in the State of
4 Illinois or (2) a representative of an employee
5 organization whose membership is composed of
6 employees of the State and of which the employee is
7 a member. A representative of an employee, other
8 than an attorney, may observe but may not actively
9 participate, or advise the State employee during the
10 course of such meeting, investigation, negotiation,
11 conference or other proceeding. Nothing in this
12 Section shall be construed to permit any person who
13 is not licensed to practice law in Illinois to
14 deliver any legal services or otherwise engage in
15 any activities that would constitute the
16 unauthorized practice of law. Any representative of
17 an employee who is present with the consent of the
18 employee, shall not, during or after termination of
19 the relationship permitted by this Section with the
20 State employee, use or reveal any information
21 obtained during the course of the meeting,
22 investigation, negotiation, conference or other
23 proceeding without the consent of the complaining
24 party and any State employee who is the subject of
25 the proceeding and pursuant to rules and regulations
26 governing confidentiality of such information as
27 promulgated by the appropriate State agency.
28 Intentional or reckless disclosure of information in
29 violation of these confidentiality requirements
30 shall constitute a Class B misdemeanor.
31 (5) Establish, maintain and carry out a continuing
32 sexual harassment program that shall include the
33 following:
34 (a) Develop a written sexual harassment policy
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1 that includes at a minimum the following
2 information: (i) the illegality of sexual
3 harassment; (ii) the definition of sexual harassment
4 under State law; (iii) a description of sexual
5 harassment, utilizing examples; (iv) the agency's
6 internal complaint process including penalties; (v)
7 the legal recourse, investigative and complaint
8 process available through the Department and the
9 Commission; (vi) directions on how to contact the
10 Department and Commission; and (vii) protection
11 against retaliation as provided by Section 6-101 of
12 this Act. The policy shall be reviewed annually.
13 (b) Post in a prominent and accessible
14 location and distribute in a manner to assure notice
15 to all agency employees without exception the
16 agency's sexual harassment policy. Such documents
17 may meet, but shall not exceed, the 6th grade
18 literacy level. Distribution shall be effectuated
19 within 90 days of the effective date of this
20 amendatory Act of 1992 and shall occur annually
21 thereafter.
22 (c) Provide training on sexual harassment
23 prevention and the agency's sexual harassment policy
24 as a component of all ongoing or new employee
25 training programs.
26 (6) Notify the Department 30 days before effecting
27 any layoff. Once notice is given, the following shall
28 occur:
29 (a) Within 30 days of the notification of the
30 layoff, the Department must make adverse impact
31 determinations in relation to the percentages of
32 categories determined by the Department under this
33 Section for affirmative action purposes. A copy of
34 these determinations must be delivered to the State
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1 executive department, State agency, board,
2 commission, or instrumentality, any labor
3 organization representing employees affected by the
4 layoff, the General Assembly, and the Governor's
5 office. No layoff may be effective earlier than 10
6 working days after the adverse impact determination
7 is issued by the Department, unless an emergency
8 layoff situation exists.
9 (b) The State executive department, State
10 agency, board, commission, or instrumentality in
11 which the layoffs are to occur must notify each
12 employee targeted for layoff, the employee's union
13 representative (if applicable), and the State
14 Dislocated Worker Unit at the Department of Commerce
15 and Community Affairs.
16 (c) The State executive department, State
17 agency, board, commission, or instrumentality in
18 which the layoffs are to occur must conform to
19 applicable collective bargaining agreements.
20 (d) The State executive department, State
21 agency, board, commission, or instrumentality in
22 which the layoffs are to occur should notify each
23 employee targeted for layoff that transitional
24 assistance may be available to him or her under the
25 Economic Dislocation and Worker Adjustment
26 Assistance Act administered by the Department of
27 Commerce and Community Affairs. Failure to give
28 such notice shall not invalidate the layoff or
29 postpone its effective date.
30 As used in this subsection (B), "disability" shall be
31 defined in rules promulgated under the Illinois
32 Administrative Procedure Act.
33 (C) Civil Rights Violations. It is a civil rights
34 violation for any public contractor or eligible bidder to:
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1 (1) fail to comply with the public contractor's or
2 eligible bidder's duty to refrain from unlawful
3 discrimination and discrimination based on citizenship
4 status in employment under subsection (A)(1) of this
5 Section; or
6 (2) fail to comply with the public contractor's or
7 eligible bidder's duties of affirmative action under
8 subsection (A) of this Section, provided however, that
9 the Department has notified the public contractor or
10 eligible bidder in writing by certified mail that the
11 public contractor or eligible bidder may not be in
12 compliance with affirmative action requirements of
13 subsection (A). A minimum of 60 days to comply with the
14 requirements shall be afforded to the public contractor
15 or eligible bidder before the Department may issue formal
16 notice of non-compliance.
17 (Source: P.A. 88-498; 89-370, eff. 8-18-95.)"; and
18 on page 27, by inserting below line 26 the following:
19 "Section 99. Effective date. This Act takes effect upon
20 becoming law.".