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90_SB0860ham003
LRB9002988WHmgam08
1 AMENDMENT TO SENATE BILL 860
2 AMENDMENT NO. . Amend Senate Bill 860, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning government."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Human Rights Act is amended by
8 changing Section 2-105 as follows:
9 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
10 Sec. 2-105. Equal Employment Opportunities; Affirmative
11 Action.
12 (A) Public Contracts. Every party to a public contract
13 and every eligible bidder shall:
14 (1) Refrain from unlawful discrimination and
15 discrimination based on citizenship status in employment
16 and undertake affirmative action to assure equality of
17 employment opportunity and eliminate the effects of past
18 discrimination;
19 (2) Comply with the procedures and requirements of
20 the Department's regulations concerning equal employment
21 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
3 as the Department may reasonably request;
4 (4) Have written sexual harassment policies that
5 shall include, at a minimum, the following information:
6 (i) the illegality of sexual harassment; (ii) the
7 definition of sexual harassment under State law; (iii) a
8 description of sexual harassment, utilizing examples;
9 (iv) the vendor's internal complaint process including
10 penalties; (v) the legal recourse, investigative and
11 complaint process available through the Department and
12 the Commission; (vi) directions on how to contact the
13 Department and Commission; and (vii) protection against
14 retaliation as provided by Section 6-101 of this Act. A
15 copy of the policies shall be provided to the Department
16 upon request.
17 (B) State Agencies. Every State executive department,
18 State agency, board, commission, and instrumentality shall:
19 (1) Comply with the procedures and requirements of
20 the Department's regulations concerning equal employment
21 opportunities and affirmative action;
22 (2) Provide such information and assistance as the
23 Department may request;
24 (3) Establish, maintain, and carry out a continuing
25 affirmative action plan consistent with this Act and the
26 regulations of the Department designed to promote equal
27 opportunity for all State residents in every aspect of
28 agency personnel policy and practice. For purposes of
29 these affirmative action plans, the race and national
30 origin categories to be included in the plans are:
31 African American, Hispanic or Latino, Native American,
32 Asian, and any other category as required by Department
33 rule. This plan shall include a current detailed status
34 report:
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1 (a) indicating, by each position in State
2 service, the number, percentage, and average salary
3 of individuals employed by race, national origin,
4 sex and disability, and any other category that the
5 Department may require by rule;
6 (b) identifying all positions in which the
7 percentage of the people employed by race, national
8 origin, sex and disability, and any other category
9 that the Department may require by rule, is less
10 than four-fifths of the percentage of each of those
11 components in the State work force;
12 (c) specifying the goals and methods for
13 increasing the percentage by race, national origin,
14 sex and disability, and any other category that the
15 Department may require by rule, in State positions;
16 (d) indicating progress and problems toward
17 meeting equal employment opportunity goals,
18 including, if applicable, but not limited to,
19 Department of Central Management Services
20 recruitment efforts, publicity, promotions, and use
21 of options designating positions by linguistic
22 abilities;
23 (e) establishing a numerical hiring goal for
24 the employment of qualified persons with
25 disabilities in the agency as a whole, to be based
26 on the proportion of people with work disabilities
27 in the Illinois labor force as reflected in the most
28 recent decennial Census.
29 (4) If the agency has 1000 or more employees,
30 appoint a full-time Equal Employment Opportunity officer,
31 subject to the Department's approval, whose duties shall
32 include:
33 (a) Advising the head of the particular State
34 agency with respect to the preparation of equal
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1 employment opportunity programs, procedures,
2 regulations, reports, and the agency's affirmative
3 action plan.
4 (b) Evaluating in writing each fiscal year the
5 sufficiency of the total agency program for equal
6 employment opportunity and reporting thereon to the
7 head of the agency with recommendations as to any
8 improvement or correction in recruiting, hiring or
9 promotion needed, including remedial or disciplinary
10 action with respect to managerial or supervisory
11 employees who have failed to cooperate fully or who
12 are in violation of the program.
13 (c) Making changes in recruitment, training
14 and promotion programs and in hiring and promotion
15 procedures designed to eliminate discriminatory
16 practices when authorized.
17 (d) Evaluating tests, employment policies,
18 practices and qualifications and reporting to the
19 head of the agency and to the Department any
20 policies, practices and qualifications that have
21 unequal impact by race, national origin as required
22 by Department rule, sex or disability or any other
23 category that the Department may require by rule,
24 and to assist in the recruitment of people in
25 underrepresented classifications. This function
26 shall be performed in cooperation with the State
27 Department of Central Management Services.
28 (e) Making any aggrieved employee or applicant
29 for employment aware of his or her remedies under
30 this Act.
31 In any meeting, investigation, negotiation,
32 conference, or other proceeding between a State
33 employee and an Equal Employment Opportunity
34 officer, a State employee (1) who is not covered by
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1 a collective bargaining agreement and (2) who is the
2 complaining party or the subject of such proceeding
3 may be accompanied, advised and represented by (1)
4 an attorney licensed to practice law in the State of
5 Illinois or (2) a representative of an employee
6 organization whose membership is composed of
7 employees of the State and of which the employee is
8 a member. A representative of an employee, other
9 than an attorney, may observe but may not actively
10 participate, or advise the State employee during the
11 course of such meeting, investigation, negotiation,
12 conference or other proceeding. Nothing in this
13 Section shall be construed to permit any person who
14 is not licensed to practice law in Illinois to
15 deliver any legal services or otherwise engage in
16 any activities that would constitute the
17 unauthorized practice of law. Any representative of
18 an employee who is present with the consent of the
19 employee, shall not, during or after termination of
20 the relationship permitted by this Section with the
21 State employee, use or reveal any information
22 obtained during the course of the meeting,
23 investigation, negotiation, conference or other
24 proceeding without the consent of the complaining
25 party and any State employee who is the subject of
26 the proceeding and pursuant to rules and regulations
27 governing confidentiality of such information as
28 promulgated by the appropriate State agency.
29 Intentional or reckless disclosure of information in
30 violation of these confidentiality requirements
31 shall constitute a Class B misdemeanor.
32 (5) Establish, maintain and carry out a continuing
33 sexual harassment program that shall include the
34 following:
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1 (a) Develop a written sexual harassment policy
2 that includes at a minimum the following
3 information: (i) the illegality of sexual
4 harassment; (ii) the definition of sexual harassment
5 under State law; (iii) a description of sexual
6 harassment, utilizing examples; (iv) the agency's
7 internal complaint process including penalties; (v)
8 the legal recourse, investigative and complaint
9 process available through the Department and the
10 Commission; (vi) directions on how to contact the
11 Department and Commission; and (vii) protection
12 against retaliation as provided by Section 6-101 of
13 this Act. The policy shall be reviewed annually.
14 (b) Post in a prominent and accessible
15 location and distribute in a manner to assure notice
16 to all agency employees without exception the
17 agency's sexual harassment policy. Such documents
18 may meet, but shall not exceed, the 6th grade
19 literacy level. Distribution shall be effectuated
20 within 90 days of the effective date of this
21 amendatory Act of 1992 and shall occur annually
22 thereafter.
23 (c) Provide training on sexual harassment
24 prevention and the agency's sexual harassment policy
25 as a component of all ongoing or new employee
26 training programs.
27 (6) Notify the Department 30 days before effecting
28 any layoff. Once notice is given, the following shall
29 occur:
30 (a) No layoff may be effective earlier than 10
31 working days after notice to the Department, unless
32 an emergency layoff situation exists.
33 (b) The State executive department, State
34 agency, board, commission, or instrumentality in
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1 which the layoffs are to occur must notify each
2 employee targeted for layoff, the employee's union
3 representative (if applicable), and the State
4 Dislocated Worker Unit at the Department of Commerce
5 and Community Affairs.
6 (c) The State executive department, State
7 agency, board, commission, or instrumentality in
8 which the layoffs are to occur must conform to
9 applicable collective bargaining agreements.
10 (d) The State executive department, State
11 agency, board, commission, or instrumentality in
12 which the layoffs are to occur should notify each
13 employee targeted for layoff that transitional
14 assistance may be available to him or her under the
15 Economic Dislocation and Worker Adjustment
16 Assistance Act administered by the Department of
17 Commerce and Community Affairs. Failure to give
18 such notice shall not invalidate the layoff or
19 postpone its effective date.
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.".