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Public Act 101-0221 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 1. | ||||
Section 1-1. Short title. This Article may be cited as the | ||||
Workplace Transparency Act. References in this Article to "this | ||||
Act" mean this Article. | ||||
Section 1-5. Purpose. This State has a compelling and | ||||
substantial interest in securing individuals' freedom from | ||||
unlawful discrimination and harassment in the workplace. This | ||||
State also recognizes the right of parties to freely contract | ||||
over the terms, privileges and conditions of employment as they | ||||
so choose. The purpose of this Act is to ensure that all | ||||
parties to a contract for the performance of services | ||||
understand and agree to the mutual promises and consideration | ||||
therein, and to protect the interest of this State in ensuring | ||||
all workplaces are free of unlawful discrimination and | ||||
harassment. | ||||
Section 1-10. Application. | ||||
(a) This Act does not apply to any contracts that are | ||||
entered into in and subject to the Illinois Public Labor |
Relations Act or the National Labor Relations Act. If there is | ||
a conflict between any valid and enforceable collective | ||
bargaining agreement and this Act, the collective bargaining | ||
agreement controls. | ||
(b) This Act shall have no effect on the determination of | ||
whether an employment relationship exists for the purposes of | ||
other State or federal laws, including, but not limited to, the | ||
Illinois Human Rights Act, the Workers' Compensation Act, the | ||
Unemployment Insurance Act, and the Illinois Wage Payment and | ||
Collection Act. | ||
(c) This Act applies to contracts entered into, modified, | ||
or extended on or after the effective date of this Act. | ||
Section 1-15. Definitions. As used in this Act: | ||
"Employee" has the same meaning as set forth in Section | ||
2-101 of the Illinois Human Rights Act. "Employee" includes | ||
"nonemployees" as defined in Section 2-102 of the Illinois | ||
Human Rights Act. | ||
"Employer" has the same meaning as set forth in Section | ||
2-101 of the Illinois Human Rights Act. | ||
"Mutual condition of employment or continued employment" | ||
means any contract, agreement, clause, covenant, or waiver | ||
negotiated between an employer and an employee or prospective | ||
employee in good faith for consideration in order to obtain or | ||
retain employment. | ||
"Prospective employee" means a person seeking to enter an |
employment contract with an employer. | ||
"Settlement agreement" means an agreement, contract, or | ||
clause within an agreement or contract entered into between an | ||
employee, prospective employee, or former employee and an | ||
employer to resolve a dispute or legal claim between the | ||
parties that arose or accrued before the settlement agreement | ||
was executed. | ||
"Termination agreement" means a contract or agreement | ||
between an employee and an employer terminating the employment | ||
relationship. | ||
"Unlawful employment practice" means any form of unlawful | ||
discrimination, harassment, or retaliation that is actionable | ||
under Article 2 of the Illinois Human Rights Act, Title VII of | ||
the Civil Rights Act of 1964, or any other related State or | ||
federal rule or law that is enforced by the Illinois Department | ||
of Human Rights or the Equal Employment Opportunity Commission. | ||
"Unilateral condition of employment or continued | ||
employment" means any contract, agreement, clause, covenant, | ||
or waiver an employer requires an employee or prospective | ||
employee to accept as a non-negotiable material term in order | ||
to obtain or retain employment. | ||
Section 1-20. Reporting of allegations. No contract, | ||
agreement, clause, covenant, waiver, or other document shall | ||
prohibit, prevent, or otherwise restrict an employee, | ||
prospective employee, or former employee from reporting any |
allegations of unlawful conduct to federal, State, or local | ||
officials for investigation, including, but not limited to, | ||
alleged criminal conduct or unlawful employment practices. | ||
Section 1-25. Conditions of employment or continued | ||
employment. | ||
(a) Any agreement, clause, covenant, or waiver that is a | ||
unilateral condition of employment or continued employment and | ||
has the purpose or effect of preventing an employee or | ||
prospective employee from making truthful statements or | ||
disclosures about alleged unlawful employment practices is | ||
against public policy, void to the extent it prevents such | ||
statements or disclosures, and severable from an otherwise | ||
valid and enforceable contract under this Act. | ||
(b) Any agreement, clause, covenant, or waiver that is a | ||
unilateral condition of employment or continued employment and | ||
requires the employee or prospective employee to waive, | ||
arbitrate, or otherwise diminish any existing or future claim, | ||
right, or benefit related to an unlawful employment practice to | ||
which the employee or prospective employee would otherwise be | ||
entitled under any provision of State or federal law, is | ||
against public policy, void to the extent it denies an employee | ||
or prospective employee a substantive or procedural right or | ||
remedy related to alleged unlawful employment practices, and | ||
severable from an otherwise valid and enforceable contract | ||
under this Act. |
(c) Any agreement, clause, covenant, or waiver that is a | ||
mutual condition of employment or continued employment may | ||
include provisions that would otherwise be against public | ||
policy as a unilateral condition of employment or continued | ||
employment, but only if the agreement, clause, covenant, or | ||
waiver is in writing, demonstrates actual, knowing, and | ||
bargained-for consideration from both parties, and | ||
acknowledges the right of the employee or prospective employee | ||
to: | ||
(1) report any good faith allegation of unlawful | ||
employment practices to any appropriate federal, State, or | ||
local government agency enforcing discrimination laws; | ||
(2) report any good faith allegation of criminal | ||
conduct to any appropriate federal, State, or local | ||
official; | ||
(3) participate in a proceeding with any appropriate | ||
federal, State, or local government agency enforcing | ||
discrimination laws; | ||
(4) make any truthful statements or disclosures | ||
required by law, regulation, or legal process; and | ||
(5) request or receive confidential legal advice. | ||
(d) Failure to comply with the provisions of subsection (c) | ||
shall establish a rebuttable presumption that the agreement, | ||
clause, covenant, or waiver is a unilateral condition of | ||
employment or continued employment that is governed by | ||
subsections (a) or (b). |
(e) Nothing in this Section shall be construed to prevent | ||
an employee or prospective employee and an employer from | ||
negotiating and bargaining over the terms, privileges, and | ||
conditions of employment. | ||
Section 1-30. Settlement or termination agreements. | ||
(a) An employee, prospective employee, or former employee | ||
and an employer may enter into a valid and enforceable | ||
settlement or termination agreement that includes promises of | ||
confidentiality related to alleged unlawful employment | ||
practices, so long as: | ||
(1) confidentiality is the documented preference of | ||
the employee, prospective employee, or former employee and | ||
is mutually beneficial to both parties; | ||
(2) the employer notifies the employee, prospective | ||
employee, or former employee, in writing, of his or her | ||
right to have an attorney or representative of his or her | ||
choice review the settlement or termination agreement | ||
before it is executed; | ||
(3) there is valid, bargained for consideration in | ||
exchange for the confidentiality; | ||
(4) the settlement or termination agreement does not | ||
waive any claims of unlawful employment practices that | ||
accrue after the date of execution of the settlement or | ||
termination agreement; | ||
(5) the settlement or termination agreement is |
provided, in writing, to the parties to the prospective | ||
agreement and the employee, prospective employee, or | ||
former employee is given a period of 21 calendar days to | ||
consider the agreement before execution, during which the | ||
employee, prospective employee, or former employee may | ||
sign the agreement at any time, knowingly and voluntarily | ||
waiving any further time for consideration; and | ||
(6) unless knowingly and voluntarily waived by the | ||
employee, prospective employee, or former employee, he or | ||
she has 7 calendar days following the execution of the | ||
agreement to revoke the agreement and the agreement is not | ||
effective or enforceable until the revocation period has | ||
expired. | ||
(b) An employer may not unilaterally include any clause in | ||
a settlement or termination agreement that prohibits the | ||
employee, prospective employee, or former employee from making | ||
truthful statements or disclosures regarding unlawful | ||
employment practices. | ||
(c) Failure to comply with the provisions of this Section | ||
shall render any promise of confidentiality related to alleged | ||
unlawful employment practices against public policy void and | ||
severable from an otherwise valid and enforceable agreement. | ||
(d) Nothing in this Section shall be construed to prevent a | ||
mutually agreed upon settlement or termination agreement from | ||
waiving or releasing the employee, prospective employee, or | ||
former employee's right to seek or obtain any remedies relating |
to an unlawful employment practice claim that occurred before | ||
the date on which the agreement is executed. | ||
Section 1-35. Costs and attorney's fees. An employee, | ||
prospective employee, or former employee shall be entitled to | ||
reasonable attorney's fees and costs incurred in challenging a | ||
contract for violation of this Act upon a final, non-appealable | ||
action in favor of the employee, prospective employee, or | ||
former employee on the question of the validity and | ||
enforceability of the contract. | ||
Section 1-40. Right to testify. Notwithstanding any other | ||
law to the contrary, any agreement, clause, covenant, or | ||
waiver, settlement agreement, or termination agreement that | ||
waives the right of an employee, prospective employee, or | ||
former employee to testify in an administrative, legislative, | ||
or judicial proceeding concerning alleged criminal conduct or | ||
alleged unlawful employment practices on the part of the other | ||
party to the employment contract, settlement agreement, or | ||
termination agreement, or on the part of the party's agents or | ||
employees, when the employee, prospective employee, or former | ||
employee has been required or requested to attend the | ||
proceeding pursuant to a court order, subpoena, or written | ||
request from an administrative agency or the legislature, is | ||
void and unenforceable under the public policy of this State. | ||
This Section is declarative of existing law. |
Section 1-45. Limitations. This Act shall not be construed | ||
to limit an employer's ability to require the following to | ||
maintain confidentiality of allegations of unlawful employment | ||
practices made by others: | ||
(1) employees who receive complaints or investigate | ||
allegations related to unlawful employment practices as | ||
part of their assigned job duties, or otherwise have access | ||
to confidential personnel information as a part of their | ||
assigned job duties; | ||
(2) an employee or third party who is notified and | ||
requested to participate in an open and ongoing | ||
investigation into alleged unlawful employment practices | ||
and requested to maintain reasonable confidentiality | ||
during the pendency of that investigation and thereafter; | ||
(3) an employee or any third party who receives | ||
attorney work product or attorney-client privileged | ||
communications as part of any dispute, controversy, or | ||
legal claim involving an unlawful employment practice; | ||
(4) any individual who by law is subject to a | ||
recognized legal or evidentiary privilege; or | ||
(5) any third party engaged or hired by the employer to | ||
investigate complaints of an unlawful employment practice. | ||
Section 1-50. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. |
Article 2. | ||
Section 2-5. The Freedom of Information Act is amended by | ||
changing Section 7.5 as follows: | ||
(5 ILCS 140/7.5) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. |
(q) Information prohibited from being disclosed by the | ||
Personnel Record Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
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(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law ) . | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day and | ||
temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) (ll) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) (ll) Information that is exempt from disclosure | ||
under Section 70 of the Higher Education Student Assistance | ||
Act. | ||
(oo) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||
10-12-18.) | ||
Section 2-7. The Department of Professional Regulation Law | ||
of the
Civil Administrative Code of Illinois is amended by | ||
changing Section 2105-15 as follows:
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(20 ILCS 2105/2105-15)
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Sec. 2105-15. General powers and duties.
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(a) The Department has, subject to the provisions of the | ||
Civil
Administrative Code of Illinois, the following powers and | ||
duties:
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(1) To authorize examinations in English to ascertain | ||
the qualifications
and fitness of applicants to exercise | ||
the profession, trade, or occupation for
which the | ||
examination is held.
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(2) To prescribe rules and regulations for a fair and | ||
wholly
impartial method of examination of candidates to | ||
exercise the respective
professions, trades, or | ||
occupations.
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(3) To pass upon the qualifications of applicants for | ||
licenses,
certificates, and authorities, whether by | ||
examination, by reciprocity, or by
endorsement.
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(4) To prescribe rules and regulations defining, for | ||
the
respective
professions, trades, and occupations, what | ||
shall constitute a school,
college, or university, or | ||
department of a university, or other
institution, | ||
reputable and in good standing, and to determine the
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reputability and good standing of a school, college, or | ||
university, or
department of a university, or other | ||
institution, reputable and in good
standing, by reference | ||
to a compliance with those rules and regulations;
provided, | ||
that no school, college, or university, or department of a
|
university, or other institution that refuses admittance | ||
to applicants
solely on account of race, color, creed, sex, | ||
sexual orientation, or national origin shall be
considered | ||
reputable and in good standing.
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(5) To conduct hearings on proceedings to revoke, | ||
suspend, refuse to
renew, place on probationary status, or | ||
take other disciplinary action
as authorized in any | ||
licensing Act administered by the Department
with regard to | ||
licenses, certificates, or authorities of persons
| ||
exercising the respective professions, trades, or | ||
occupations and to
revoke, suspend, refuse to renew, place | ||
on probationary status, or take
other disciplinary action | ||
as authorized in any licensing Act
administered by the | ||
Department with regard to those licenses,
certificates, or | ||
authorities. | ||
The Department shall issue a monthly
disciplinary | ||
report. | ||
The Department shall refuse to issue or renew a license | ||
to,
or shall suspend or revoke a license of, any person | ||
who, after receiving
notice, fails to comply with a | ||
subpoena or warrant relating to a paternity or
child | ||
support proceeding. However, the Department may issue a | ||
license or
renewal upon compliance with the subpoena or | ||
warrant.
| ||
The Department, without further process or hearings, | ||
shall revoke, suspend,
or deny any license or renewal |
authorized by the Civil Administrative Code of
Illinois to | ||
a person who is certified by the Department of Healthcare | ||
and Family Services (formerly Illinois Department of | ||
Public Aid)
as being more than 30 days delinquent in | ||
complying with a child support order
or who is certified by | ||
a court as being in violation of the Non-Support
Punishment | ||
Act for more than 60 days. The Department may, however, | ||
issue a
license or renewal if the person has established a | ||
satisfactory repayment
record as determined by the | ||
Department of Healthcare and Family Services (formerly
| ||
Illinois Department of Public Aid) or if the person
is | ||
determined by the court to be in compliance with the | ||
Non-Support Punishment
Act. The Department may implement | ||
this paragraph as added by Public Act 89-6
through the use | ||
of emergency rules in accordance with Section 5-45 of the
| ||
Illinois Administrative Procedure Act. For purposes of the | ||
Illinois
Administrative Procedure Act, the adoption of | ||
rules to implement this
paragraph shall be considered an | ||
emergency and necessary for the public
interest, safety, | ||
and welfare.
| ||
(6) To transfer jurisdiction of any realty under the | ||
control of the
Department to any other department of the | ||
State Government or to acquire
or accept federal lands when | ||
the transfer, acquisition, or acceptance is
advantageous | ||
to the State and is approved in writing by the Governor.
| ||
(7) To formulate rules and regulations necessary for |
the enforcement of
any Act administered by the Department.
| ||
(8) To exchange with the Department of Healthcare and | ||
Family Services information
that may be necessary for the | ||
enforcement of child support orders entered
pursuant to the | ||
Illinois Public Aid Code, the Illinois Marriage and | ||
Dissolution
of Marriage Act, the Non-Support of Spouse and | ||
Children Act, the Non-Support
Punishment Act, the Revised | ||
Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||
Interstate Family Support Act, the Illinois Parentage Act | ||
of 1984, or the Illinois Parentage Act of 2015.
| ||
Notwithstanding any provisions in this Code to the | ||
contrary, the Department of
Professional Regulation shall | ||
not be liable under any federal or State law to
any person | ||
for any disclosure of information to the Department of | ||
Healthcare and Family Services (formerly Illinois | ||
Department of
Public Aid)
under this paragraph (8) or for | ||
any other action taken in good faith
to comply with the | ||
requirements of this paragraph (8).
| ||
(8.3) To exchange information with the Department of | ||
Human Rights regarding recommendations received under | ||
paragraph (B) of Section 8-109 of the Illinois Human Rights | ||
Act regarding a licensee or candidate for licensure who has | ||
committed a civil rights violation that may lead to the | ||
refusal, suspension, or revocation of a license from the | ||
Department. | ||
(8.5) To accept continuing education credit for |
mandated reporter training on how to recognize and report | ||
child abuse offered by the Department of Children and | ||
Family Services and completed by any person who holds a | ||
professional license issued by the Department and who is a | ||
mandated reporter under the Abused and Neglected Child | ||
Reporting Act. The Department shall adopt any rules | ||
necessary to implement this paragraph. | ||
(9) To perform other duties prescribed
by law.
| ||
(a-5) Except in cases involving delinquency in complying | ||
with a child support order or violation of the Non-Support | ||
Punishment Act and notwithstanding anything that may appear in | ||
any individual licensing Act or administrative rule, no person | ||
or entity whose license, certificate, or authority has been | ||
revoked as authorized in any licensing Act administered by the | ||
Department may apply for restoration of that license, | ||
certification, or authority until 3 years after the effective | ||
date of the revocation. | ||
(b) (Blank).
| ||
(c) For the purpose of securing and preparing evidence, and | ||
for the purchase
of controlled substances, professional | ||
services, and equipment necessary for
enforcement activities, | ||
recoupment of investigative costs, and other activities
| ||
directed at suppressing the misuse and abuse of controlled | ||
substances,
including those activities set forth in Sections | ||
504 and 508 of the Illinois
Controlled Substances Act, the | ||
Director and agents appointed and authorized by
the Director |
may expend sums from the Professional Regulation Evidence Fund
| ||
that the Director deems necessary from the amounts appropriated | ||
for that
purpose. Those sums may be advanced to the agent when | ||
the Director deems that
procedure to be in the public interest. | ||
Sums for the purchase of controlled
substances, professional | ||
services, and equipment necessary for enforcement
activities | ||
and other activities as set forth in this Section shall be | ||
advanced
to the agent who is to make the purchase from the | ||
Professional Regulation
Evidence Fund on vouchers signed by the | ||
Director. The Director and those
agents are authorized to | ||
maintain one or more commercial checking accounts with
any | ||
State banking corporation or corporations organized under or | ||
subject to the
Illinois Banking Act for the deposit and | ||
withdrawal of moneys to be used for
the purposes set forth in | ||
this Section; provided, that no check may be written
nor any | ||
withdrawal made from any such account except upon the written
| ||
signatures of 2 persons designated by the Director to write | ||
those checks and
make those withdrawals. Vouchers for those | ||
expenditures must be signed by the
Director. All such | ||
expenditures shall be audited by the Director, and the
audit | ||
shall be submitted to the Department of Central Management | ||
Services for
approval.
| ||
(d) Whenever the Department is authorized or required by | ||
law to consider
some aspect of criminal history record | ||
information for the purpose of carrying
out its statutory | ||
powers and responsibilities, then, upon request and payment
of |
fees in conformance with the requirements of Section 2605-400 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||
the Department of State
Police is authorized to furnish, | ||
pursuant to positive identification, the
information contained | ||
in State files that is necessary to fulfill the request.
| ||
(e) The provisions of this Section do not apply to private | ||
business and
vocational schools as defined by Section 15 of the | ||
Private Business and
Vocational Schools Act of 2012.
| ||
(f) (Blank).
| ||
(f-5) Notwithstanding anything that may appear in any | ||
individual licensing statute or administrative rule, the | ||
Department shall allow an applicant to provide his or her | ||
individual taxpayer identification number as an alternative to | ||
providing a social security number when applying for a license. | ||
(g) Notwithstanding anything that may appear in any | ||
individual licensing statute or administrative rule, the | ||
Department shall deny any license application or renewal | ||
authorized under any licensing Act administered by the | ||
Department to any person who has failed to file a return, or to | ||
pay the tax, penalty, or interest shown in a filed return, or | ||
to pay any final assessment of tax, penalty, or interest, as | ||
required by any tax Act administered by the Illinois Department | ||
of Revenue, until such time as the requirement of any such tax | ||
Act are satisfied; however, the Department may issue a license | ||
or renewal if the person has established a satisfactory | ||
repayment record as determined by the Illinois Department of |
Revenue. For the purpose of this Section, "satisfactory | ||
repayment record" shall be defined by rule.
| ||
In addition, a complaint filed with the Department by the | ||
Illinois Department of Revenue that includes a certification, | ||
signed by its Director or designee, attesting to the amount of | ||
the unpaid tax liability or the years for which a return was | ||
not filed, or both, is prima facie evidence of the licensee's | ||
failure to comply with the tax laws administered by the | ||
Illinois Department of Revenue. Upon receipt of that | ||
certification, the Department shall, without a hearing, | ||
immediately suspend all licenses held by the licensee. | ||
Enforcement of the Department's order shall be stayed for 60 | ||
days. The Department shall provide notice of the suspension to | ||
the licensee by mailing a copy of the Department's order to the | ||
licensee's address of record or emailing a copy of the order to | ||
the licensee's email address of record. The notice shall advise | ||
the licensee that the suspension shall be effective 60 days | ||
after the issuance of the Department's order unless the | ||
Department receives, from the licensee, a request for a hearing | ||
before the Department to dispute the matters contained in the | ||
order.
| ||
Any suspension imposed under this subsection (g) shall be | ||
terminated by the Department upon notification from the | ||
Illinois Department of Revenue that the licensee is in | ||
compliance with all tax laws administered by the Illinois | ||
Department of Revenue.
|
The Department may promulgate rules for the administration | ||
of this subsection (g).
| ||
(h) The Department may grant the title "Retired", to be | ||
used immediately adjacent to the title of a profession | ||
regulated by the Department, to eligible retirees. For | ||
individuals licensed under the Medical Practice Act of 1987, | ||
the title "Retired" may be used in the profile required by the | ||
Patients' Right to Know Act. The use of the title "Retired" | ||
shall not constitute representation of current licensure, | ||
registration, or certification. Any person without an active | ||
license, registration, or certificate in a profession that | ||
requires licensure, registration, or certification shall not | ||
be permitted to practice that profession. | ||
(i) The Department shall make available on its website | ||
general information explaining how the Department utilizes | ||
criminal history information in making licensure application | ||
decisions, including a list of enumerated offenses that serve | ||
as a statutory bar to licensure. | ||
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, | ||
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17; | ||
100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff. | ||
8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised | ||
10-18-18.)
| ||
Section 2-10. The Uniform Arbitration Act is amended by | ||
changing Section 1 as follows:
|
(710 ILCS 5/1) (from Ch. 10, par. 101)
| ||
Sec. 1. Validity of arbitration agreement. A written
| ||
agreement to submit any existing controversy to arbitration
or | ||
a provision in a written contract to submit to arbitration
any | ||
controversy thereafter arising between the parties is
valid, | ||
enforceable and irrevocable save upon such grounds as
exist for | ||
the revocation of any contract, including failure to comply | ||
with the terms of the Workplace Transparency Act, except that | ||
any
agreement between a patient and a hospital or health care
| ||
provider to submit to binding arbitration a claim for damages
| ||
arising out of (1) injuries alleged to have been received by
a | ||
patient, or (2) death of a patient, due to hospital or health
| ||
care provider negligence or other wrongful act, but not
| ||
including intentional torts, is also subject to the Health
Care | ||
Arbitration Act.
| ||
(Source: P.A. 80-1012; 80-1031.)
| ||
Section 2-15. The Illinois Human Rights Act is amended by | ||
changing Sections 1-103, 2-101, 2-102, 7-109.1, 7A-102, and | ||
8-109 and by adding Sections 2-108, 2-109, 2-110, and 8-109.1 | ||
as follows: | ||
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||
Sec. 1-103. General definitions. When used in this Act, | ||
unless the
context requires otherwise, the term:
|
(A) Age. "Age" means the chronological age of a person who | ||
is at least
40 years old, except with regard to any practice | ||
described in Section
2-102, insofar as that practice concerns | ||
training or apprenticeship
programs. In the case of training or | ||
apprenticeship programs, for the
purposes of Section 2-102, | ||
"age" means the chronological age of a person
who is 18 but not | ||
yet 40 years old.
| ||
(B) Aggrieved party. "Aggrieved party" means a person who | ||
is alleged
or proved to have been injured by a civil rights | ||
violation or believes he
or she will be injured by a civil | ||
rights violation under Article 3 that is
about to occur.
| ||
(C) Charge. "Charge" means an allegation filed with the | ||
Department
by an aggrieved party or initiated by the Department | ||
under its
authority.
| ||
(D) Civil rights violation. "Civil rights violation" | ||
includes and
shall be limited to only those specific acts set | ||
forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||
6-101, and 6-102 of this Act.
| ||
(E) Commission. "Commission" means the Human Rights | ||
Commission
created by this Act.
| ||
(F) Complaint. "Complaint" means the formal pleading filed | ||
by
the Department with the Commission following an | ||
investigation and
finding of substantial evidence of a civil | ||
rights violation.
| ||
(G) Complainant. "Complainant" means a person including |
the
Department who files a charge of civil rights violation | ||
with the Department or
the Commission.
| ||
(H) Department. "Department" means the Department of Human | ||
Rights
created by this Act.
| ||
(I) Disability. "Disability" means a determinable physical | ||
or mental
characteristic of a person, including, but not | ||
limited to, a determinable
physical characteristic which | ||
necessitates the person's use of a guide,
hearing or support | ||
dog, the history of such characteristic, or the
perception of | ||
such characteristic by the person complained against, which
may | ||
result from disease, injury, congenital condition of birth or
| ||
functional disorder and which characteristic:
| ||
(1) For purposes of Article 2 , is unrelated to the | ||
person's ability
to perform the duties of a particular job | ||
or position and, pursuant to
Section 2-104 of this Act, a | ||
person's illegal use of drugs or alcohol is not a
| ||
disability;
| ||
(2) For purposes of Article 3, is unrelated to the | ||
person's ability
to acquire, rent , or maintain a housing | ||
accommodation;
| ||
(3) For purposes of Article 4, is unrelated to a | ||
person's ability to
repay;
| ||
(4) For purposes of Article 5, is unrelated to a | ||
person's ability to
utilize and benefit from a place of | ||
public accommodation;
| ||
(5) For purposes of Article 5, also includes any |
mental, psychological, or developmental disability, | ||
including autism spectrum disorders. | ||
(J) Marital status. "Marital status" means the legal status | ||
of being
married, single, separated, divorced , or widowed.
| ||
(J-1) Military status. "Military status" means a person's | ||
status on
active duty in or status as a veteran of the armed | ||
forces of the United States, status as a current member or | ||
veteran of any
reserve component of the armed forces of the | ||
United States, including the United
States Army Reserve, United | ||
States Marine Corps Reserve, United States Navy
Reserve, United | ||
States Air Force Reserve, and United States Coast Guard
| ||
Reserve, or status as a current member or veteran of the | ||
Illinois Army National Guard or Illinois Air National
Guard.
| ||
(K) National origin. "National origin" means the place in | ||
which a
person or one of his or her ancestors was born.
| ||
(K-5) "Order of protection status" means a person's status | ||
as being a person protected under an order of protection issued | ||
pursuant to the Illinois Domestic Violence Act of 1986, Article | ||
112A of the Code of Criminal Procedure of 1963, the Stalking No | ||
Contact Order Act, or the Civil No Contact Order Act, or an | ||
order of protection issued by a court of another state. | ||
(L) Person. "Person" includes one or more individuals, | ||
partnerships,
associations or organizations, labor | ||
organizations, labor unions, joint
apprenticeship committees, | ||
or union labor associations, corporations, the
State of | ||
Illinois and its instrumentalities, political subdivisions, |
units
of local government, legal representatives, trustees in | ||
bankruptcy
or receivers.
| ||
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||
or medical or common conditions related to pregnancy or | ||
childbirth. | ||
(M) Public contract. "Public contract" includes every | ||
contract to which the
State, any of its political subdivisions , | ||
or any municipal corporation is a
party.
| ||
(N) Religion. "Religion" includes all aspects of religious | ||
observance
and practice, as well as belief, except that with | ||
respect to employers, for
the purposes of Article 2, "religion" | ||
has the meaning ascribed to it in
paragraph (F) of Section | ||
2-101.
| ||
(O) Sex. "Sex" means the status of being male or female.
| ||
(O-1) Sexual orientation. "Sexual orientation" means | ||
actual or
perceived heterosexuality, homosexuality, | ||
bisexuality, or gender-related identity,
whether or not | ||
traditionally associated with the person's designated sex at
| ||
birth. "Sexual orientation" does not include a physical or | ||
sexual attraction to a minor by an adult.
| ||
(P) Unfavorable military discharge. "Unfavorable military | ||
discharge"
includes discharges from the Armed Forces of the | ||
United States, their
Reserve components , or any National Guard | ||
or Naval Militia which are
classified as RE-3 or the equivalent | ||
thereof, but does not include those
characterized as RE-4 or | ||
"Dishonorable".
|
(Q) Unlawful discrimination. "Unlawful discrimination" | ||
means discrimination
against a person because of his or her | ||
actual or perceived: race, color, religion, national origin,
| ||
ancestry, age, sex, marital status, order of protection status, | ||
disability, military status, sexual
orientation, pregnancy,
or | ||
unfavorable
discharge from military service as those terms are | ||
defined in this Section.
| ||
(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
| ||
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| ||
Sec. 2-101. Definitions. The following definitions are | ||
applicable
strictly in the context of this Article.
| ||
(A) Employee.
| ||
(1) "Employee" includes:
| ||
(a) Any individual performing services for | ||
remuneration within this
State for an employer;
| ||
(b) An apprentice;
| ||
(c) An applicant for any apprenticeship.
| ||
For purposes of subsection (D) of Section 2-102 of this | ||
Act, "employee" also includes an unpaid intern. An unpaid | ||
intern is a person who performs work for an employer under | ||
the following circumstances: | ||
(i) the employer is not committed to hiring the | ||
person performing the work at the conclusion of the | ||
intern's tenure; | ||
(ii) the employer and the person performing the |
work agree that the person is not entitled to wages for | ||
the work performed; and | ||
(iii) the work performed: | ||
(I) supplements training given in an | ||
educational environment that may enhance the | ||
employability of the intern; | ||
(II) provides experience for the benefit of | ||
the person performing the work; | ||
(III) does not displace regular employees; | ||
(IV) is performed under the close supervision | ||
of existing staff; and | ||
(V) provides no immediate advantage to the | ||
employer providing the training and may
| ||
occasionally impede the operations of the | ||
employer. | ||
(2) "Employee" does not include:
| ||
(a) (Blank);
| ||
(b) Individuals employed by persons who are not | ||
"employers" as
defined by this Act;
| ||
(c) Elected public officials or the members of | ||
their immediate
personal staffs;
| ||
(d) Principal administrative officers of the State | ||
or of any
political subdivision, municipal corporation | ||
or other governmental unit
or agency;
| ||
(e) A person in a vocational rehabilitation | ||
facility certified under
federal law who has been |
designated an evaluee, trainee, or work
activity | ||
client.
| ||
(B) Employer.
| ||
(1) "Employer" includes:
| ||
(a) Any person employing 15 or more employees | ||
within Illinois during
20 or more calendar weeks within | ||
the calendar year of or preceding the alleged
| ||
violation;
| ||
(b) Any person employing one or more employees when | ||
a complainant
alleges civil rights violation due to | ||
unlawful discrimination based
upon his or her physical | ||
or mental disability unrelated to ability, pregnancy, | ||
or
sexual harassment;
| ||
(c) The State and any political subdivision, | ||
municipal corporation
or other governmental unit or | ||
agency, without regard to the number of
employees;
| ||
(d) Any party to a public contract without regard | ||
to the number of
employees;
| ||
(e) A joint apprenticeship or training committee | ||
without regard to the
number of employees.
| ||
(2) "Employer" does not include any religious | ||
corporation,
association, educational institution, | ||
society, or non-profit nursing
institution conducted by | ||
and for those who rely upon treatment by prayer
through | ||
spiritual means in accordance with the tenets of a | ||
recognized
church or religious denomination with respect |
to the employment of
individuals of a particular religion | ||
to perform work connected with the
carrying on by such | ||
corporation, association, educational institution,
society | ||
or non-profit nursing institution of its activities.
| ||
(C) Employment Agency. "Employment Agency" includes both | ||
public and
private employment agencies and any person, labor | ||
organization, or labor
union having a hiring hall or hiring | ||
office regularly undertaking, with
or without compensation, to | ||
procure opportunities to work, or to
procure, recruit, refer or | ||
place employees.
| ||
(D) Labor Organization. "Labor Organization" includes any
| ||
organization, labor union, craft union, or any voluntary | ||
unincorporated
association designed to further the cause of the | ||
rights of union labor
which is constituted for the purpose, in | ||
whole or in part, of collective
bargaining or of dealing with | ||
employers concerning grievances, terms or
conditions of | ||
employment, or apprenticeships or applications for
| ||
apprenticeships, or of other mutual aid or protection in | ||
connection with
employment, including apprenticeships or | ||
applications for apprenticeships.
| ||
(E) Sexual Harassment. "Sexual harassment" means any | ||
unwelcome sexual
advances or requests for sexual favors or any | ||
conduct of a sexual nature
when (1) submission to such conduct | ||
is made either explicitly or implicitly
a term or condition of | ||
an individual's employment, (2) submission to or
rejection of | ||
such conduct by an individual is used as the basis for
|
employment decisions affecting such individual, or (3) such | ||
conduct has the
purpose or effect of substantially interfering | ||
with an individual's work
performance or creating an | ||
intimidating, hostile or offensive working
environment.
| ||
For purposes of this definition, the phrase "working | ||
environment" is not limited to a physical location an employee | ||
is assigned to perform his or her duties. | ||
(E-1) Harassment. "Harassment" means any unwelcome conduct | ||
on the basis of an individual's actual or perceived race, | ||
color, religion, national origin, ancestry, age, sex, marital | ||
status, order of protection status, disability, military | ||
status, sexual orientation, pregnancy, unfavorable discharge | ||
from military service, or citizenship status that has the | ||
purpose or effect of substantially interfering with the | ||
individual's work performance or creating an intimidating, | ||
hostile, or offensive working environment. For purposes of this | ||
definition, the phrase "working environment" is not limited to | ||
a physical location an employee is assigned to perform his or | ||
her duties. | ||
(F) Religion. "Religion" with respect to employers | ||
includes all
aspects of religious observance and practice, as | ||
well as belief, unless an
employer demonstrates that he is | ||
unable to reasonably accommodate an
employee's or prospective | ||
employee's religious observance or practice
without undue | ||
hardship on the conduct of the employer's business.
| ||
(G) Public Employer. "Public employer" means the State, an |
agency or
department thereof, unit of local government, school | ||
district,
instrumentality or political subdivision.
| ||
(H) Public Employee. "Public employee" means an employee of | ||
the State,
agency or department thereof, unit of local | ||
government, school district,
instrumentality or political | ||
subdivision. "Public employee" does not include
public | ||
officers or employees of the General Assembly or agencies | ||
thereof.
| ||
(I) Public Officer. "Public officer" means a person who is | ||
elected to
office pursuant to the Constitution or a statute or | ||
ordinance, or who is
appointed to an office which is | ||
established, and the qualifications and
duties of which are | ||
prescribed, by the Constitution or a statute or
ordinance, to | ||
discharge a public duty for the State, agency or department
| ||
thereof, unit of local government, school district, | ||
instrumentality or
political subdivision.
| ||
(J) Eligible Bidder. "Eligible bidder" means a person who, | ||
prior to contract award or prior to bid opening for State | ||
contracts for construction or construction-related services, | ||
has filed with the Department a properly completed, sworn and
| ||
currently valid employer report form, pursuant to the | ||
Department's regulations.
The provisions of this Article | ||
relating to eligible bidders apply only
to bids on contracts | ||
with the State and its departments, agencies, boards,
and | ||
commissions, and the provisions do not apply to bids on | ||
contracts with
units of local government or school districts.
|
(K) Citizenship Status. "Citizenship status" means the | ||
status of being:
| ||
(1) a born U.S. citizen;
| ||
(2) a naturalized U.S. citizen;
| ||
(3) a U.S. national; or
| ||
(4) a person born outside the United States and not a | ||
U.S. citizen who
is not an unauthorized alien and who is | ||
protected from discrimination under
the provisions of | ||
Section 1324b of Title 8 of the United States Code, as
now | ||
or hereafter amended.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, | ||
eff. 8-9-17.)
| ||
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| ||
Sec. 2-102. Civil rights violations - employment. It is a | ||
civil
rights violation:
| ||
(A) Employers. For any employer to refuse to hire, to | ||
segregate, to engage in harassment as defined in subsection | ||
(E-1) of Section 2-101, or
to act with respect to | ||
recruitment, hiring, promotion, renewal of employment,
| ||
selection for training or apprenticeship, discharge, | ||
discipline, tenure or
terms, privileges or conditions of | ||
employment on the basis of unlawful
discrimination or | ||
citizenship status. An employer is responsible for | ||
harassment by the employer's nonmanagerial and | ||
nonsupervisory employees only if the employer becomes |
aware of the conduct and fails to take reasonable | ||
corrective measures.
| ||
(A-5) Language. For an employer to impose a restriction | ||
that has the
effect of prohibiting a language from being | ||
spoken by an employee in
communications that are unrelated | ||
to the employee's duties.
| ||
For the purposes of this subdivision (A-5), "language" | ||
means a person's
native tongue, such as Polish, Spanish, or
| ||
Chinese.
"Language" does not include such things as slang, | ||
jargon, profanity, or
vulgarity.
| ||
(A-10) Harassment of nonemployees. For any employer, | ||
employment agency, or labor organization to engage in | ||
harassment of nonemployees in the workplace. An employer is | ||
responsible for harassment of nonemployees by the | ||
employer's nonmanagerial and nonsupervisory employees only | ||
if the employer becomes aware of the conduct and fails to | ||
take reasonable corrective measures. For the purposes of | ||
this subdivision (A-10), "nonemployee" means a person who | ||
is not otherwise an employee of the employer and is | ||
directly performing services for the employer pursuant to a | ||
contract with that employer. "Nonemployee" includes | ||
contractors and consultants. This subdivision applies to | ||
harassment occurring on or after the effective date of this | ||
amendatory Act of the 101st General Assembly. | ||
(B) Employment agency. For any employment agency to | ||
fail or refuse
to classify properly, accept applications |
and register for employment
referral or apprenticeship | ||
referral, refer for employment, or refer for
| ||
apprenticeship on the basis of unlawful discrimination or | ||
citizenship
status or to accept from any person any job | ||
order, requisition or request
for referral of applicants | ||
for employment or apprenticeship which makes or
has the | ||
effect of making unlawful discrimination or discrimination | ||
on the
basis of citizenship status a condition of referral.
| ||
(C) Labor organization. For any labor organization to | ||
limit,
segregate or classify its membership, or to limit | ||
employment
opportunities, selection and training for | ||
apprenticeship in any trade or
craft, or otherwise to take, | ||
or fail to take, any action which affects
adversely any | ||
person's status as an employee or as an applicant for
| ||
employment or as an apprentice, or as an applicant for | ||
apprenticeships,
or wages, tenure, hours of employment or | ||
apprenticeship conditions on the
basis of unlawful | ||
discrimination or citizenship status.
| ||
(D) Sexual harassment. For any employer, employee, | ||
agent of any employer,
employment agency or labor | ||
organization to engage in sexual harassment;
provided, | ||
that an employer shall be responsible for sexual harassment
| ||
of the employer's employees by nonemployees or | ||
nonmanagerial and nonsupervisory
employees only if the | ||
employer becomes aware of the conduct and fails to
take | ||
reasonable corrective measures.
|
(D-5) Sexual harassment of nonemployees. For any | ||
employer, employee, agent of any employer, employment | ||
agency, or labor organization to engage in sexual | ||
harassment of nonemployees in the workplace. An employer is | ||
responsible for sexual harassment of nonemployees by the | ||
employer's nonmanagerial and nonsupervisory employees only | ||
if the employer becomes aware of the conduct and fails to | ||
take reasonable corrective measures. For the purposes of | ||
this subdivision (D-5), "nonemployee" means a person who is | ||
not otherwise an employee of the employer and is directly | ||
performing services for the employer pursuant to a contract | ||
with that employer. "Nonemployee" includes contractors and | ||
consultants. This subdivision applies to sexual harassment | ||
occurring on or after the effective date of this amendatory | ||
Act of the 101st General Assembly. | ||
(E) Public employers. For any public employer to refuse | ||
to permit a
public employee under its jurisdiction who | ||
takes time off from work in
order to practice his or her | ||
religious beliefs to engage in work, during hours
other | ||
than such employee's regular working hours, consistent | ||
with the
operational needs of the employer and in order to | ||
compensate for work time
lost for such religious reasons. | ||
Any employee who elects such deferred
work shall be | ||
compensated at the wage rate which he or she would have
| ||
earned during the originally scheduled work period. The | ||
employer may
require that an employee who plans to take |
time off from work in order to
practice his or her | ||
religious beliefs provide the employer with a notice of
his | ||
or her intention to be absent from work not exceeding 5 | ||
days prior to
the date of absence.
| ||
(E-5) Religious discrimination. For any employer to | ||
impose upon a person as a condition of obtaining or | ||
retaining employment, including opportunities for | ||
promotion, advancement, or transfer, any terms or | ||
conditions that would require such person to violate or | ||
forgo a sincerely held practice of his or her religion | ||
including, but not limited to, the wearing of any attire, | ||
clothing, or facial hair in accordance with the | ||
requirements of his or her religion, unless, after engaging | ||
in a bona fide effort, the employer demonstrates that it is | ||
unable to reasonably accommodate the employee's or | ||
prospective employee's sincerely held religious belief, | ||
practice, or observance without undue hardship on the | ||
conduct of the employer's business. | ||
Nothing in this Section prohibits an employer from | ||
enacting a dress code or grooming policy that may include | ||
restrictions on attire, clothing, or facial hair to | ||
maintain workplace safety or food sanitation. | ||
(F) Training and apprenticeship programs. For any | ||
employer,
employment agency or labor organization to | ||
discriminate against a person on
the basis of age in the | ||
selection, referral for or conduct of apprenticeship
or |
training programs.
| ||
(G) Immigration-related practices. | ||
(1) for an employer to request for
purposes of | ||
satisfying the requirements of Section 1324a(b) of | ||
Title 8 of
the United States Code, as now or hereafter | ||
amended, more or different
documents than are required | ||
under such Section or to refuse to honor
documents | ||
tendered that on their face reasonably appear to be | ||
genuine; or
| ||
(2) for an employer participating in the E-Verify | ||
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||
Programs for Employment Eligibility Confirmation | ||
(enacted by PL 104-208, div. C title IV, subtitle A) to | ||
refuse to hire, to segregate, or to act with respect to | ||
recruitment, hiring, promotion, renewal of employment, | ||
selection for training or apprenticeship, discharge, | ||
discipline, tenure or terms, privileges or conditions | ||
of employment without following the procedures under | ||
the E-Verify Program. | ||
(H) (Blank).
| ||
(I) Pregnancy. For an employer to refuse to hire, to | ||
segregate, or to act with respect to recruitment, hiring, | ||
promotion, renewal of employment, selection for training | ||
or apprenticeship, discharge, discipline, tenure or terms, | ||
privileges or conditions of employment on the basis of | ||
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth. Women affected by | ||
pregnancy, childbirth, or medical or common conditions | ||
related to pregnancy or childbirth shall be treated the | ||
same for all employment-related purposes, including | ||
receipt of benefits under fringe benefit programs, as other | ||
persons not so affected but similar in their ability or | ||
inability to work, regardless of the source of the | ||
inability to work or employment classification or status. | ||
(J) Pregnancy; reasonable accommodations. | ||
(1) If after a job applicant or employee, including | ||
a part-time, full-time, or probationary employee, | ||
requests a reasonable accommodation, for an employer | ||
to not make reasonable accommodations for any medical | ||
or common condition of a job applicant or employee | ||
related to pregnancy or childbirth, unless the | ||
employer can demonstrate that the accommodation would | ||
impose an undue hardship on the ordinary operation of | ||
the business of the employer. The employer may request | ||
documentation from the employee's health care provider | ||
concerning the need for the requested reasonable | ||
accommodation or accommodations to the same extent | ||
documentation is requested for conditions related to | ||
disability if the employer's request for documentation | ||
is job-related and consistent with business necessity. | ||
The employer may require only the medical | ||
justification for the requested accommodation or |
accommodations, a description of the reasonable | ||
accommodation or accommodations medically advisable, | ||
the date the reasonable accommodation or | ||
accommodations became medically advisable, and the | ||
probable duration of the reasonable accommodation or | ||
accommodations. It is the duty of the individual | ||
seeking a reasonable accommodation or accommodations | ||
to submit to the employer any documentation that is | ||
requested in accordance with this paragraph. | ||
Notwithstanding the provisions of this paragraph, the | ||
employer may require documentation by the employee's | ||
health care provider to determine compliance with | ||
other laws. The employee and employer shall engage in a | ||
timely, good faith, and meaningful exchange to | ||
determine effective reasonable accommodations. | ||
(2) For an employer to deny employment | ||
opportunities or benefits to or take adverse action | ||
against an otherwise qualified job applicant or | ||
employee, including a part-time, full-time, or | ||
probationary employee, if the denial or adverse action | ||
is based on the need of the employer to make reasonable | ||
accommodations to the known medical or common | ||
conditions related to the pregnancy or childbirth of | ||
the applicant or employee. | ||
(3) For an employer to require a job applicant or | ||
employee, including a part-time, full-time, or |
probationary employee, affected by pregnancy, | ||
childbirth, or medical or common conditions related to | ||
pregnancy or childbirth to accept an accommodation | ||
when the applicant or employee did not request an | ||
accommodation and the applicant or employee chooses | ||
not to accept the employer's accommodation. | ||
(4) For an employer to require an employee, | ||
including a part-time, full-time, or probationary | ||
employee, to take leave under any leave law or policy | ||
of the employer if another reasonable accommodation | ||
can be provided to the known medical or common | ||
conditions related to the pregnancy or childbirth of an | ||
employee. No employer shall fail or refuse to reinstate | ||
the employee affected by pregnancy, childbirth, or | ||
medical or common conditions related to pregnancy or | ||
childbirth to her original job or to an equivalent | ||
position with equivalent pay and accumulated | ||
seniority, retirement, fringe benefits, and other | ||
applicable service credits upon her signifying her | ||
intent to return or when her need for reasonable | ||
accommodation ceases, unless the employer can | ||
demonstrate that the accommodation would impose an | ||
undue hardship on the ordinary operation of the | ||
business of the employer. | ||
For the purposes of this subdivision (J), "reasonable | ||
accommodations" means reasonable modifications or |
adjustments to the job application process or work | ||
environment, or to the manner or circumstances under which | ||
the position desired or held is customarily performed, that | ||
enable an applicant or employee affected by pregnancy, | ||
childbirth, or medical or common conditions related to | ||
pregnancy or childbirth to be considered for the position | ||
the applicant desires or to perform the essential functions | ||
of that position, and may include, but is not limited to: | ||
more frequent or longer bathroom breaks, breaks for | ||
increased water intake, and breaks for periodic rest; | ||
private non-bathroom space for expressing breast milk and | ||
breastfeeding; seating; assistance with manual labor; | ||
light duty; temporary transfer to a less strenuous or | ||
hazardous position; the provision of an accessible | ||
worksite; acquisition or modification of equipment; job | ||
restructuring; a part-time or modified work schedule; | ||
appropriate adjustment or modifications of examinations, | ||
training materials, or policies; reassignment to a vacant | ||
position; time off to recover from conditions related to | ||
childbirth; and leave necessitated by pregnancy, | ||
childbirth, or medical or common conditions resulting from | ||
pregnancy or childbirth. | ||
For the purposes of this subdivision (J), "undue | ||
hardship" means an action that is prohibitively expensive | ||
or disruptive when considered in light of the following | ||
factors: (i) the nature and cost of the accommodation |
needed; (ii) the overall financial resources of the | ||
facility or facilities involved in the provision of the | ||
reasonable accommodation, the number of persons employed | ||
at the facility, the effect on expenses and resources, or | ||
the impact otherwise of the accommodation upon the | ||
operation of the facility; (iii) the overall financial | ||
resources of the employer, the overall size of the business | ||
of the employer with respect to the number of its | ||
employees, and the number, type, and location of its | ||
facilities; and (iv) the type of operation or operations of | ||
the employer, including the composition, structure, and | ||
functions of the workforce of the employer, the geographic | ||
separateness, administrative, or fiscal relationship of | ||
the facility or facilities in question to the employer. The | ||
employer has the burden of proving undue hardship. The fact | ||
that the employer provides or would be required to provide | ||
a similar accommodation to similarly situated employees | ||
creates a rebuttable presumption that the accommodation | ||
does not impose an undue hardship on the employer. | ||
No employer is required by this subdivision (J) to | ||
create additional employment that the employer would not | ||
otherwise have created, unless the employer does so or | ||
would do so for other classes of employees who need | ||
accommodation. The employer is not required to discharge | ||
any employee, transfer any employee with more seniority, or | ||
promote any employee who is not qualified to perform the |
job, unless the employer does so or would do so to | ||
accommodate other classes of employees who need it. | ||
(K) Notice. | ||
(1) For an employer to fail to post or keep posted | ||
in a conspicuous location on the premises of the | ||
employer where notices to employees are customarily | ||
posted, or fail to include in any employee handbook | ||
information concerning an employee's rights under this | ||
Article, a notice, to be prepared or approved by the | ||
Department, summarizing the requirements of this | ||
Article and information pertaining to the filing of a | ||
charge, including the right to be free from unlawful | ||
discrimination, the right to be free from sexual | ||
harassment, and the right to certain reasonable | ||
accommodations. The Department shall make the | ||
documents required under this paragraph available for | ||
retrieval from the Department's website. | ||
(2) Upon notification of a violation of paragraph | ||
(1) of this subdivision (K), the Department may launch | ||
a preliminary investigation. If the Department finds a | ||
violation, the Department may issue a notice to show | ||
cause giving the employer 30 days to correct the | ||
violation. If the violation is not corrected, the | ||
Department may initiate a charge of a civil rights | ||
violation. | ||
(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
|
(775 ILCS 5/2-108 new) | ||
Sec. 2-108. Employer disclosure requirements. | ||
(A) Definitions. The following definitions are applicable | ||
strictly to this Section: | ||
(1) "Employer" means: | ||
(a) any person employing one or more employees | ||
within this State; | ||
(b) a labor organization; or | ||
(c) the State and any political subdivision, | ||
municipal corporation, or other governmental unit or | ||
agency, without regard to the number of employees. | ||
(2) "Settlement" means any written commitment or | ||
written agreement, including any agreed judgment, | ||
stipulation, decree, agreement to settle, assurance of | ||
discontinuance, or otherwise between an employee, as | ||
defined by subsection (A) of Section 2-101, or a | ||
nonemployee to whom an employer owes a duty under this Act | ||
pursuant to (A-10) or (D-5) of Section 2-102, and an | ||
employer under which the employer directly or indirectly | ||
provides to an individual compensation or other | ||
consideration due to an allegation that the individual has | ||
been a victim of sexual harassment or unlawful | ||
discrimination under this Act. | ||
(3) "Adverse judgment or administrative ruling" means | ||
any final and non-appealable adverse judgment or final and |
non-appealable administrative ruling entered in favor of | ||
an employee as defined by subsection (A) of Section 2-101 | ||
or a nonemployee to whom an employer owes a duty under this | ||
Act pursuant to (A-10) or (D-5) of Section 2-102, and | ||
against the employer during the preceding year in which | ||
there was a finding of sexual harassment or unlawful | ||
discrimination brought under this Act, Title VII of the | ||
Civil Rights Act of 1964, or any other federal, State, or | ||
local law prohibiting sexual harassment or unlawful | ||
discrimination. | ||
(B) Required disclosures. Beginning July 1, 2020, and by | ||
each July 1 thereafter, each employer that had an adverse | ||
judgment or administrative ruling against it in the preceding | ||
calendar year, as provided in this Section, shall disclose | ||
annually to the Department of Human Rights the following | ||
information: | ||
(1) the total number of adverse judgments or | ||
administrative rulings during the preceding year; | ||
(2) whether any equitable relief was ordered against | ||
the employer in any adverse judgment or administrative | ||
ruling described in paragraph (1); | ||
(3) how many adverse judgments or administrative | ||
rulings described in paragraph (1) are in each of the | ||
following categories: | ||
(a) sexual harassment; | ||
(b) discrimination or harassment on the basis of |
sex; | ||
(c) discrimination or harassment on the basis of | ||
race, color, or national origin; | ||
(d) discrimination or harassment on the basis of | ||
religion; | ||
(e) discrimination or harassment on the basis of | ||
age; | ||
(f) discrimination or harassment on the basis of | ||
disability; | ||
(g) discrimination or harassment on the basis of | ||
military status or unfavorable discharge from military | ||
status; | ||
(h) discrimination or harassment on the basis of | ||
sexual orientation or gender identity; and | ||
(i) discrimination or harassment on the basis of | ||
any other characteristic protected under this Act; | ||
(C) Settlements. If the Department is investigating a | ||
charge filed pursuant to this Act, the Department may request | ||
the employer responding to the charge to submit the total | ||
number of settlements entered into during the preceding 5 | ||
years, or less at the direction of the Department, that relate | ||
to any alleged act of sexual harassment or unlawful | ||
discrimination that: | ||
(1) occurred in the workplace of the employer; or | ||
(2) involved the behavior of an employee of the | ||
employer or a corporate executive of the employer, without |
regard to whether that behavior occurred in the workplace | ||
of the employer. | ||
The total number of settlements entered into during the | ||
requested period shall be reported along with how many | ||
settlements are in each of the following categories, when | ||
requested by the Department pursuant to this subsection: | ||
(a) sexual harassment; | ||
(b) discrimination or harassment on the basis of sex; | ||
(c) discrimination or harassment on the basis of race, | ||
color, or national origin; | ||
(d) discrimination or harassment on the basis of | ||
religion; | ||
(e) discrimination or harassment on the basis of age; | ||
(f) discrimination or harassment on the basis of | ||
disability; | ||
(g) discrimination or harassment on the basis of | ||
military status or unfavorable discharge from military | ||
status; | ||
(h) discrimination or harassment on the basis of sexual | ||
orientation or gender identity; and | ||
(i) discrimination or harassment on the basis of any | ||
other characteristic protected under this Act; | ||
The Department shall not rely on the existence of any | ||
settlement agreement to support a finding of substantial | ||
evidence under this Act. | ||
(D) Prohibited disclosures. An employer may not disclose |
the name of a victim of an act of alleged sexual harassment or | ||
unlawful discrimination in any disclosures required under this | ||
Section. | ||
(E) Annual report. The Department shall publish an annual | ||
report aggregating the information reported by employers under | ||
subsection (B) of this Section such that no individual employer | ||
data is available to the public. The report shall include the | ||
number of adverse judgments or administrative rulings filed | ||
during the preceding calendar year based on each of the | ||
protected classes identified by this Act. | ||
The report shall be filed with the General Assembly and | ||
made available to the public by December 31 of each reporting | ||
year. Data submitted by an employer to comply with this Section | ||
is confidential and exempt from the Freedom of Information Act. | ||
(F) Failure to report and penalties. If an employer fails | ||
to make any disclosures required under this Section, the | ||
Department shall issue a notice to show cause giving the | ||
employer 30 days to disclose the required information. If the | ||
employer does not make the required disclosures within 30 days, | ||
the Department shall petition the Illinois Human Rights | ||
Commission for entry of an order imposing a civil penalty | ||
against the employer pursuant to Section 8-109.1. The civil | ||
penalty shall be paid into the Department of Human Rights' | ||
Training and Development Fund. | ||
(G) Rules. The Department shall adopt any rules it deems | ||
necessary for implementation of this Section. |
(H) This Section is repealed on January 1, 2030. | ||
(775 ILCS 5/2-109 new) | ||
Sec. 2-109. Sexual harassment prevention training. | ||
(A) The General Assembly finds that the organizational | ||
tolerance of sexual harassment has a detrimental influence in | ||
workplaces by creating a hostile environment for employees, | ||
reducing productivity, and increasing legal liability. It is | ||
the General Assembly's intent to encourage employers to adopt | ||
and actively implement policies to ensure their workplaces are | ||
safe for employees to report concerns about sexual harassment | ||
without fear of retaliation, loss of status, or loss of | ||
promotional opportunities. | ||
(B) The Department shall produce a model sexual harassment | ||
prevention training program aimed at the prevention of sexual | ||
harassment in the workplace. The model program shall be made | ||
available to employers and to the public online at no cost. | ||
This model program shall include, at a minimum, the following: | ||
(1) an explanation of sexual harassment consistent | ||
with this Act; | ||
(2) examples of conduct that constitutes unlawful | ||
sexual harassment; | ||
(3) a summary of relevant federal and State statutory | ||
provisions concerning sexual harassment, including | ||
remedies available to victims of sexual harassment; and | ||
(4) a summary of responsibilities of employers in the |
prevention, investigation, and corrective measures of | ||
sexual harassment. | ||
(C) Except for those employers subject to the requirements | ||
of Section 5-10.5 of the State Officials and Employees Ethics | ||
Act, every employer with employees working in this State shall | ||
use the model sexual harassment prevention training program | ||
created by the Department or establish its own sexual | ||
harassment prevention training program that equals or exceeds | ||
the minimum standards in subsection (B). The sexual harassment | ||
prevention training shall be provided at least once a year to | ||
all employees. For the purposes of satisfying the requirements | ||
under this Section, the Department's model sexual harassment | ||
prevention training program may be used to supplement any | ||
existing program an employer is utilizing or develops. | ||
(D) If an employer violates this Section, the Department | ||
shall issue a notice to show cause giving the employer 30 days | ||
to comply. If the employer does not comply within 30 days, the | ||
Department shall petition the Human Rights Commission for entry | ||
of an order imposing a civil penalty against the employer | ||
pursuant to Section 8-109.1. The civil penalty shall be paid | ||
into the Department of Human Rights Training and Development | ||
Fund. | ||
(775 ILCS 5/2-110 new) | ||
Sec. 2-110. Restaurants and bars; sexual harassment | ||
prevention. |
(A) As used in this Section: | ||
"Bar" means an establishment that is devoted to the serving | ||
of alcoholic beverages for consumption by guests on the | ||
premises and that derives no more than 10% of its gross revenue | ||
from the sale of food consumed on the premises, including, but | ||
not limited to, taverns, nightclubs, cocktail lounges, adult | ||
entertainment facilities, and cabarets. | ||
"Manager" means a person responsible for the hiring and | ||
firing of employees, including, but not limited to, a general | ||
manager, owner, head chef, or other non-tipped employee with | ||
duties managing the operation, inventory, safety, and | ||
personnel of a restaurant or bar. | ||
"Restaurant" means any business that is primarily engaged | ||
in the sale of ready-to-eat food for immediate consumption, | ||
including, but not limited to, restaurants, coffee shops, | ||
cafeterias, and sandwich stands that give or offer for sale | ||
food to the public, guests, or employees, and kitchen or | ||
catering facilities in which food is prepared on the premises | ||
for serving elsewhere. | ||
(B) Every restaurant and bar operating in this State must | ||
have a sexual harassment policy provided to all employees, in | ||
writing, within the first calendar week of the employee's | ||
employment. The policy shall include: | ||
(1) a prohibition on sexual harassment; | ||
(2) the definition of sexual harassment under the | ||
Illinois Human Rights Act and Title VII of the Civil Rights |
Act of 1964; | ||
(3) details on how an individual can report an | ||
allegation of sexual harassment internally, including | ||
options for making a confidential report to a manager, | ||
owner, corporate headquarters, human resources department, | ||
or other internal reporting mechanism that may be | ||
available; | ||
(4) an explanation of the internal complaint process | ||
available to employees; | ||
(5) how to contact and file a charge with the Illinois | ||
Department of Human Rights and United States Equal | ||
Employment Opportunity Commission; | ||
(6) a prohibition on retaliation for reporting sexual | ||
harassment allegations; and | ||
(7) a requirement that all employees participate in | ||
sexual harassment prevention training. | ||
The policy shall be made available in English and Spanish. | ||
(C) In addition to the model sexual harassment prevention | ||
training program produced by the Department in Section 2-109, | ||
the Department shall develop a supplemental model training | ||
program in consultation with industry professionals | ||
specifically aimed at the prevention of sexual harassment in | ||
the restaurant and bar industry. The supplemental model program | ||
shall be made available to all restaurants and bars and the | ||
public online at no cost. The training shall include: | ||
(1) specific conduct, activities, or videos related to |
the restaurant or bar industry; | ||
(2) an explanation of manager liability and | ||
responsibility under the law; and | ||
(3) English and Spanish language options. | ||
(D) Every restaurant and bar that is an employer under this | ||
Act shall use the supplemental model training program or | ||
establish its own supplemental model training program that | ||
equals or exceeds the requirements of subsection (C). The | ||
supplemental training program shall be provided at least once a | ||
year to all employees, regardless of employment | ||
classification. For the purposes of satisfying the | ||
requirements under this Section, this supplemental training | ||
may be done in conjunction or at the same time as any training | ||
that complies with Section 2-109. | ||
(E) If a restaurant or bar that is an employer under this | ||
Act violates this Section 2-110, the Department shall issue a | ||
notice to show cause giving the employer 30 days to comply. If | ||
the employer does not comply within 30 days, the Department | ||
shall petition the Human Rights Commission for entry of an | ||
order imposing a civil penalty against the employer pursuant to | ||
Section 8-109.1. The civil penalty shall be paid into the | ||
Department of Human Rights Training and Development Fund.
| ||
(775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| ||
Sec. 7-109.1. Federal or State court proceedings. | ||
Administrative dismissal of charges. |
(1) For charges filed under Article 7A of this Act, if | ||
the complainant has initiated litigation in a federal or | ||
State court for the purpose of seeking final relief on some | ||
or all of the issues that are the basis of the charge, | ||
either party may request that the Department | ||
administratively dismiss the Department's charge or | ||
portions of the charge. Within 10 business days of receipt | ||
of the federal or State court complaint, the Department | ||
shall issue a notice of administrative dismissal and | ||
provide the complainant notice of his or her right to | ||
commence a civil action in the appropriate circuit court or | ||
other appropriate court of competent jurisdiction. The | ||
Director shall also provide the charging party notice of | ||
his or her right to seek review of the notice of dismissal | ||
before the Commission. Any review by the Commission of the | ||
dismissal shall be filed within 30 days after receipt of | ||
the Director's notice and shall be limited to the question | ||
of whether the charge was properly dismissed under this | ||
Section. | ||
(2) For charges filed under Article 7B of this Act, if | ||
the complainant has initiated litigation in a federal or | ||
State court for the purpose of seeking final relief on some | ||
or all of the issues that are the basis of the charge, | ||
either party may request that the Department | ||
administratively dismiss the charge or portions of the | ||
charge pending in the federal or State court proceeding if |
a trial has commenced in the federal or State court | ||
proceeding. Within 10 business days of receipt of notice | ||
that the trial has begun, the Department shall issue a | ||
notice of administrative dismissal and provide the | ||
complainant notice of his or her right to commence a civil | ||
action in the appropriate circuit court or other | ||
appropriate court of competent jurisdiction. The Director | ||
shall also provide the charging party notice of his or her | ||
right to seek review of the notice of dismissal before the | ||
Commission. Any review by the Commission of the dismissal | ||
shall be filed within 30 days after receipt of the | ||
Director's notice and shall be limited to the question of | ||
whether the charge was properly dismissed under this | ||
Section. | ||
(3) Nothing in this Section shall preclude the | ||
Department from continuing to investigate an allegation in | ||
the charge that is not included in the federal or State | ||
court proceeding. | ||
For charges filed under this Act, if the charging party has | ||
initiated litigation for the purpose of seeking final relief in | ||
a State or federal court or before an administrative law judge | ||
or hearing officer in an administrative proceeding before a | ||
local government administrative agency, and if a final decision | ||
on the merits in that litigation or administrative hearing | ||
would preclude the charging party from bringing another action | ||
based on the pending charge, the Department shall cease its |
investigation and dismiss the pending charge by order of the | ||
Director, who shall provide the charging party notice of his or | ||
her right to commence a civil action in the appropriate circuit | ||
court or other appropriate court of competent jurisdiction. The | ||
Director shall also provide the charging party notice of his or | ||
her right to seek review of the dismissal order before the | ||
Commission. Any review by the Commission of the dismissal shall | ||
be limited to the question of whether the charge was properly | ||
dismissed pursuant to this Section. Nothing in this Section | ||
shall preclude the Department from continuing to investigate an | ||
allegation in a charge that is unique to this Act or otherwise | ||
could not have been included in the litigation or | ||
administrative proceeding.
| ||
(Source: P.A. 100-1066, eff. 8-24-18.)
| ||
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| ||
Sec. 7A-102. Procedures.
| ||
(A) Charge.
| ||
(1) Within 300 calendar days after the
date that a | ||
civil rights violation allegedly has been committed, a
| ||
charge in writing under oath or affirmation may be filed | ||
with the
Department by an aggrieved party or issued by the | ||
Department itself
under the signature of the Director.
| ||
(2) The charge shall be in such detail as to | ||
substantially apprise
any party properly concerned as to | ||
the time, place, and facts
surrounding the alleged civil |
rights violation.
| ||
(3) Charges deemed filed with the Department pursuant | ||
to subsection (A-1) of this Section shall be deemed to be | ||
in compliance with this subsection. | ||
(A-1) Equal Employment Opportunity Commission Charges. | ||
(1) If a charge is filed with the Equal Employment | ||
Opportunity Commission (EEOC) within 300 calendar days | ||
after the date of the alleged civil rights violation, the | ||
charge shall be deemed filed with the Department on the | ||
date filed with the EEOC. If the EEOC is the governmental | ||
agency designated to investigate the charge first, the | ||
Department shall take no action until the EEOC makes a | ||
determination on the charge and after the complainant | ||
notifies the Department of the EEOC's determination. In | ||
such cases, after receiving notice from the EEOC that a | ||
charge was filed, the Department shall notify the parties | ||
that (i) a charge has been received by the EEOC and has | ||
been sent to the Department for dual filing purposes; (ii) | ||
the EEOC is the governmental agency responsible for | ||
investigating the charge and that the investigation shall | ||
be conducted pursuant to the rules and procedures adopted | ||
by the EEOC; (iii) it will take no action on the charge | ||
until the EEOC issues its determination; (iv) the | ||
complainant must submit a copy of the EEOC's determination | ||
within 30 days after service of the determination by the | ||
EEOC on complainant; and (v) that the time period to |
investigate the charge contained in subsection (G) of this | ||
Section is tolled from the date on which the charge is | ||
filed with the EEOC until the EEOC issues its | ||
determination. | ||
(2) If the EEOC finds reasonable cause to believe that | ||
there has been a violation of federal law and if the | ||
Department is timely notified of the EEOC's findings by | ||
complainant, the Department shall notify complainant that | ||
the Department has adopted the EEOC's determination of | ||
reasonable cause and that complainant has the right, within | ||
90 days after receipt of the Department's notice, to either | ||
file his or her own complaint with the Illinois Human | ||
Rights Commission or commence a civil action in the | ||
appropriate circuit court or other appropriate court of | ||
competent jurisdiction. This notice shall be provided to | ||
the complainant within 10 business days after the | ||
Department's receipt of the EEOC's determination. The | ||
Department's notice to complainant that the Department has | ||
adopted the EEOC's determination of reasonable cause shall | ||
constitute the Department's Report for purposes of | ||
subparagraph (D) of this Section. | ||
(3) For those charges alleging violations within the | ||
jurisdiction of both the EEOC and the Department and for | ||
which the EEOC either (i) does not issue a determination, | ||
but does issue the complainant a notice of a right to sue, | ||
including when the right to sue is issued at the request of |
the complainant, or (ii) determines that it is unable to | ||
establish that illegal discrimination has occurred and | ||
issues the complainant a right to sue notice, and if the | ||
Department is timely notified of the EEOC's determination | ||
by complainant, the Department shall notify the parties, | ||
within 10 business days after receipt of the EEOC's | ||
determination, that the Department will adopt the EEOC's | ||
determination as a dismissal for lack of substantial | ||
evidence unless the complainant requests in writing within | ||
35 days after receipt of the Department's notice that the | ||
Department review the EEOC's determination. | ||
(a) If the complainant does not file a written | ||
request with the Department to review the EEOC's | ||
determination within 35 days after receipt of the | ||
Department's notice, the Department shall notify | ||
complainant, within 10 business days after the | ||
expiration of the 35-day period, that the decision of | ||
the EEOC has been adopted by the Department as a | ||
dismissal for lack of substantial evidence and that the | ||
complainant has the right, within 90 days after receipt | ||
of the Department's notice, to commence a civil action | ||
in the appropriate circuit court or other appropriate | ||
court of competent jurisdiction. The Department's | ||
notice to complainant that the Department has adopted | ||
the EEOC's determination shall constitute the | ||
Department's report for purposes of subparagraph (D) |
of this Section. | ||
(b) If the complainant does file a written request | ||
with the Department to review the EEOC's | ||
determination, the Department shall review the EEOC's | ||
determination and any evidence obtained by the EEOC | ||
during its investigation. If, after reviewing the | ||
EEOC's determination and any evidence obtained by the | ||
EEOC, the Department determines there is no need for | ||
further investigation of the charge, the Department | ||
shall issue a report and the Director shall determine | ||
whether there is substantial evidence that the alleged | ||
civil rights violation has been committed pursuant to | ||
subsection (D) of Section 7A-102. If, after reviewing | ||
the EEOC's determination and any evidence obtained by | ||
the EEOC, the Department determines there is a need for | ||
further investigation of the charge, the Department | ||
may conduct any further investigation it deems | ||
necessary. After reviewing the EEOC's determination, | ||
the evidence obtained by the EEOC, and any additional | ||
investigation conducted by the Department, the | ||
Department shall issue a report and the Director shall | ||
determine whether there is substantial evidence that | ||
the alleged civil rights violation has been committed | ||
pursuant to subsection (D) of Section 7A-102 of this | ||
Act. | ||
(4) Pursuant to this Section, if the EEOC dismisses the |
charge or a portion of the charge of discrimination | ||
because, under federal law, the EEOC lacks jurisdiction | ||
over the charge, and if, under this Act, the Department has | ||
jurisdiction over the charge of discrimination, the | ||
Department shall investigate the charge or portion of the | ||
charge dismissed by the EEOC for lack of jurisdiction | ||
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | ||
(E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | ||
this Act. | ||
(5) The time limit set out in subsection (G) of this | ||
Section is tolled from the date on which the charge is | ||
filed with the EEOC to the date on which the EEOC issues | ||
its determination.
| ||
(6) The failure of the Department to meet the | ||
10-business-day notification deadlines set out in | ||
paragraph (2) of this subsection shall not impair the | ||
rights of any party.
| ||
(B) Notice and Response to Charge.
The Department shall, | ||
within 10
days of the date on which the charge
was filed, serve | ||
a copy of the charge on the respondent and provide all parties | ||
with a notice of the complainant's right to opt out of the | ||
investigation within 60 days as set forth in subsection (C-1). | ||
This period shall
not be construed to be jurisdictional. The | ||
charging party and the respondent
may each file a position | ||
statement and other materials with the Department
regarding the | ||
charge of alleged discrimination within 60 days of receipt of |
the
notice of the charge. The position statements and other | ||
materials filed shall
remain confidential unless otherwise | ||
agreed to by the party providing the
information and shall not | ||
be served on or made available to the other
party during | ||
pendency
of a charge with the Department. The Department may
| ||
require the respondent to file a response to
the allegations | ||
contained in the charge. Upon the Department's request, the | ||
respondent shall
file a response to the charge within 60 days | ||
and shall serve a copy
of its response on the
complainant or | ||
his or her representative. Notwithstanding any request from the | ||
Department,
the respondent may elect to file a response to the | ||
charge
within 60 days of receipt of notice of the charge, | ||
provided the respondent serves a copy of its response on the | ||
complainant or his or her representative. All allegations | ||
contained in the charge
not denied by the respondent within 60 | ||
days of the Department's request for a response may be deemed | ||
admitted, unless the
respondent states that it is without | ||
sufficient information to
form a belief with respect to such | ||
allegation. The Department may issue
a notice of default | ||
directed to any respondent who fails to file a
response to a | ||
charge within 60 days of receipt of the Department's request,
| ||
unless the respondent can
demonstrate good cause as
to why such | ||
notice should not issue. The term "good cause" shall be defined | ||
by rule promulgated by the Department. Within 30 days of | ||
receipt
of the respondent's response, the complainant may file | ||
a
reply to
said response and
shall serve
a copy of said reply |
on the respondent or his or her representative. A party
shall | ||
have the right to supplement his or her response or reply at | ||
any time that
the investigation of the charge is pending. The | ||
Department shall,
within 10 days of the date on which the | ||
charge was filed,
and again no later than 335 days thereafter,
| ||
send by certified or registered mail , or electronic mail if | ||
elected by the party, written notice to the complainant
and to | ||
the respondent
informing the complainant
of the complainant's | ||
rights to either file a complaint with the Human
Rights | ||
Commission or commence a civil action in the appropriate | ||
circuit court
under subparagraph (2) of paragraph (G) and under | ||
subsection (C-1) , including in such notice the dates
within | ||
which the complainant may exercise these rights.
In the notice | ||
the Department shall notify the complainant that the
charge of | ||
civil rights violation will be dismissed with prejudice and | ||
with no
right to further proceed if a written complaint is not | ||
timely filed with
the Commission or with the appropriate | ||
circuit court by the complainant pursuant to subparagraph (2) | ||
of paragraph (G) or subsection (C-1)
or by the Department | ||
pursuant to subparagraph (1) of paragraph (G).
| ||
(B-1) Mediation. The complainant and respondent may agree | ||
to voluntarily
submit the charge
to mediation without waiving | ||
any rights that are otherwise available to
either party | ||
pursuant to this Act and without incurring any obligation to
| ||
accept the result of the mediation process. Nothing occurring | ||
in mediation
shall
be disclosed by the Department or admissible |
in evidence in any subsequent
proceeding unless the complainant | ||
and the respondent agree in writing that such
disclosure be | ||
made.
| ||
(C) Investigation.
| ||
(1) The If the complainant does not elect to opt out of | ||
an investigation pursuant to subsection (C-1), the
| ||
Department shall conduct an investigation sufficient to | ||
determine whether the allegations set
forth in the charge | ||
are supported by substantial evidence unless the | ||
complainant elects to opt out of an investigation pursuant | ||
to subsection (C-1) .
| ||
(2) The Director or his or her designated | ||
representatives shall have
authority to request any member | ||
of the Commission to issue subpoenas to
compel the | ||
attendance of a witness or the production for
examination | ||
of any books, records or documents whatsoever.
| ||
(3) If any witness whose testimony is required for any | ||
investigation
resides outside the State, or through | ||
illness or any other good cause as
determined by the | ||
Director is unable to be interviewed by the investigator
or | ||
appear at a fact finding conference, his or her testimony | ||
or deposition
may be taken, within or without the State, in | ||
the same manner as is
provided for in the taking of | ||
depositions in civil cases in circuit courts.
| ||
(4) Upon reasonable notice to the complainant and the | ||
respondent,
the Department shall conduct a fact finding |
conference, unless prior to
365 days after the date on | ||
which the charge was filed the Director has determined | ||
whether there is substantial evidence
that the alleged | ||
civil rights violation has been committed, the charge has
| ||
been dismissed for lack of jurisdiction, or the parties | ||
voluntarily and in writing agree to waive the fact finding | ||
conference. Any party's failure to attend the conference | ||
without good cause
shall result in dismissal or default. | ||
The term "good cause"
shall
be defined by rule promulgated | ||
by the Department. A notice of dismissal or
default shall | ||
be issued by the Director. The notice of default issued by | ||
the Director shall notify the respondent that a request for | ||
review may be filed in writing with the Commission
within | ||
30 days of receipt of notice of default. The notice of | ||
dismissal issued by the Director shall give
the complainant | ||
notice of his or her right to seek review of the dismissal
| ||
before the Human Rights Commission or commence a civil | ||
action in the
appropriate circuit court. If the complainant | ||
chooses to have the Human Rights Commission review the | ||
dismissal order, he or she shall file a request for review | ||
with the Commission within 90 days after receipt of the | ||
Director's notice. If the complainant chooses to file a | ||
request for review with the Commission, he or she may not | ||
later commence a civil action in a circuit court. If the | ||
complainant chooses to commence a civil action in a circuit | ||
court, he or she must do so within 90 days after receipt of |
the Director's notice.
| ||
(C-1) Opt out of Department's investigation. At any time | ||
within 60 days after receipt of notice of the right to opt out, | ||
a complainant may submit a written request seeking notice from | ||
the Director indicating that the complainant has opted out of | ||
the investigation and may commence a civil action in the | ||
appropriate circuit court or other appropriate court of | ||
competent jurisdiction . Within The Department shall respond to | ||
a complainant's opt-out request within 10 business days of | ||
receipt of the complainant's request to opt out of the | ||
investigation, the Director shall issue a notice to the parties | ||
stating that: (i) the complainant has exercised the right to | ||
opt out of the investigation; (ii) the complainant has 90 days | ||
after receipt of the Director's notice to commence an action in | ||
the appropriate circuit court or other appropriate court of | ||
competent jurisdiction; and (iii) the Department has ceased its | ||
investigation and is administratively closing the charge by | ||
issuing the complainant a notice of the right to commence an | ||
action in circuit court. The Department shall also notify the | ||
respondent that the complainant has elected to opt out of the | ||
administrative process within 10 business days of receipt of | ||
the complainant's request. If the complainant chooses to | ||
commence an action in a circuit court under this subsection, he | ||
or she must do so within 90 days after receipt of the | ||
Director's notice of the right to commence an action in circuit | ||
court . The complainant shall notify the Department and the |
respondent that a complaint has been filed with the appropriate | ||
circuit court or other appropriate court of competent | ||
jurisdiction and shall mail a copy of the complaint to the | ||
Department and the respondent on the same date that the | ||
complaint is filed with the appropriate circuit court. Upon | ||
receipt of notice that the complainant has filed an action with | ||
the appropriate circuit court, the Department shall | ||
immediately cease its investigation and dismiss the charge of | ||
civil rights violation. Once a complainant has opted out of the | ||
investigation commenced an action in circuit court under this | ||
subsection, he or she may not file or refile a substantially | ||
similar charge with the Department arising from the same | ||
incident of unlawful discrimination or harassment. | ||
(D) Report.
| ||
(1) Each charge investigated under subsection (C) | ||
shall be the
subject of a
report to the Director. The | ||
report shall be a confidential document
subject to review | ||
by the Director, authorized Department employees, the
| ||
parties, and, where indicated by this Act, members of the | ||
Commission or
their designated hearing officers.
| ||
(2) Upon review of the report, the Director shall | ||
determine whether
there is substantial evidence that the | ||
alleged civil rights violation
has been committed.
The | ||
determination of substantial evidence is limited to | ||
determining the need
for further consideration of the | ||
charge pursuant to this Act
and includes, but is not |
limited to, findings of fact and conclusions, as well
as | ||
the reasons for the determinations on all material issues. | ||
Substantial evidence is evidence which a reasonable mind | ||
accepts
as sufficient to support a particular conclusion | ||
and which consists of more
than a mere scintilla but may be | ||
somewhat less than a preponderance.
| ||
(3) If the Director determines
that there is no | ||
substantial
evidence, the charge shall be dismissed by | ||
order of the
Director and the Director shall give the
| ||
complainant notice of his or her right to seek review of | ||
the dismissal order before the
Commission or commence a | ||
civil action in the appropriate circuit court. If the | ||
complainant chooses to have the Human Rights Commission | ||
review the dismissal order, he or she shall file a request | ||
for review with the Commission within 90 days after receipt | ||
of the Director's notice. If the complainant chooses to | ||
file a request for review with the Commission, he or she | ||
may not later commence a civil action in a circuit court. | ||
If the complainant chooses to commence a civil action in a | ||
circuit court, he or she must do so within 90 days after | ||
receipt of the Director's notice.
| ||
(4) If the Director determines that there is | ||
substantial evidence, he or she shall notify the | ||
complainant and respondent of that determination. The | ||
Director shall also notify the parties that the complainant | ||
has the right to either commence a civil action in the |
appropriate circuit court or request that the Department of | ||
Human Rights file a complaint with the Human Rights | ||
Commission on his or her behalf. Any such complaint shall | ||
be filed within 90 days after receipt of the Director's | ||
notice. If the complainant chooses to have the Department | ||
file a complaint with the Human Rights Commission on his or | ||
her behalf, the complainant must, within 30 days after | ||
receipt of the Director's notice, request in writing that | ||
the Department file the complaint. If the complainant | ||
timely requests that the Department file the complaint, the | ||
Department shall file the complaint on his or her behalf. | ||
If the complainant fails to timely request that the | ||
Department file the complaint, the complainant may file his | ||
or her complaint with the Commission or commence a civil | ||
action in the appropriate circuit court.
If the complainant | ||
files a complaint with
the Human Rights Commission, the | ||
complainant shall give notice to the
Department of the | ||
filing of the complaint with the Human Rights Commission. | ||
(E) Conciliation.
| ||
(1) When there is a finding of substantial evidence, | ||
the Department may designate a Department employee who is | ||
an attorney
licensed to practice in Illinois to endeavor to | ||
eliminate the effect of
the alleged civil rights violation | ||
and to prevent its repetition by
means of conference and | ||
conciliation.
| ||
(2) When the Department determines that a formal
|
conciliation conference is necessary, the complainant and | ||
respondent
shall be notified of the time and place of the | ||
conference by registered
or certified mail at least 10 days | ||
prior thereto and either or both
parties shall appear at | ||
the conference in person or by attorney.
| ||
(3) The place fixed for the conference shall be within | ||
35 miles of
the place where the civil rights violation is | ||
alleged to have been
committed.
| ||
(4) Nothing occurring at the conference shall be | ||
disclosed by the
Department unless
the complainant and | ||
respondent agree in writing that
such disclosure be made.
| ||
(5) The Department's efforts to conciliate the matter | ||
shall not stay or extend the time for filing the complaint | ||
with the Commission or the circuit court.
| ||
(F) Complaint.
| ||
(1) When the complainant requests that the Department | ||
file a complaint with the Commission on his or her behalf, | ||
the Department shall prepare a
written complaint, under | ||
oath or affirmation, stating the nature of the
civil rights | ||
violation substantially as alleged in the charge | ||
previously
filed and the relief sought on behalf of the | ||
aggrieved party. The Department shall file the complaint | ||
with the Commission.
| ||
(2) If the complainant chooses to commence a civil | ||
action in a circuit court, he or she must do so in the | ||
circuit court in the county wherein the civil rights |
violation was allegedly committed. The form of the | ||
complaint in any such civil action shall be in accordance | ||
with the Illinois Code of Civil Procedure.
| ||
(G) Time Limit.
| ||
(1) When a charge of a civil rights violation has been
| ||
properly filed, the Department, within 365
days thereof or | ||
within any
extension of that period agreed to in writing by | ||
all parties, shall issue its report as required by | ||
subparagraph (D). Any such report
shall be duly served upon | ||
both the complainant and the respondent.
| ||
(2) If the Department has not issued its report within | ||
365 days after the charge is filed, or any such longer | ||
period agreed to in writing by all the parties, the | ||
complainant shall have 90 days to either file his or her | ||
own complaint with the Human Rights Commission or commence | ||
a civil action in the appropriate circuit court. If the | ||
complainant files a complaint with the Commission, the form | ||
of the complaint shall be in accordance with the provisions | ||
of
paragraph (F)(1). If the complainant commences a civil | ||
action in a circuit court, the form of the complaint shall | ||
be in accordance with the Illinois Code of Civil Procedure. | ||
The aggrieved party shall notify the Department that a
| ||
complaint
has been filed and shall serve a copy of the | ||
complaint on the Department
on the same date that the | ||
complaint is filed with the Commission or in circuit court. | ||
If the complainant files a complaint with the Commission, |
he or she may not later commence a civil action in circuit | ||
court.
| ||
(3) If an aggrieved party files a complaint
with the
| ||
Human Rights Commission or commences a civil action in | ||
circuit court pursuant to paragraph (2) of this subsection, | ||
or if
the time period for filing a complaint has expired, | ||
the
Department shall immediately cease its investigation | ||
and
dismiss the charge of civil rights violation.
Any final | ||
order entered by the Commission under this Section is
| ||
appealable in accordance with paragraph (B)(1) of Section | ||
8-111.
Failure to immediately cease an investigation and | ||
dismiss the charge of civil
rights violation as provided in | ||
this paragraph
(3) constitutes grounds for entry of an | ||
order by the circuit court permanently
enjoining the
| ||
investigation. The Department may also be liable for any
| ||
costs and other damages incurred by the respondent as a | ||
result of the action of
the Department.
| ||
(4) (Blank).
| ||
(H) This amendatory Act of 1995 applies to causes of action | ||
filed on or
after January 1, 1996.
| ||
(I) This amendatory Act of 1996 applies to causes of action | ||
filed on or
after January 1, 1996.
| ||
(J) The changes made to this Section by Public Act 95-243 | ||
apply to charges filed on or
after the effective date of those | ||
changes.
| ||
(K) The changes made to this Section by this amendatory Act |
of the 96th General Assembly apply to charges filed on or
after | ||
the effective date of those changes. | ||
(L) The changes made to this Section by this amendatory Act | ||
of the 100th General Assembly apply to charges filed on or
| ||
after the effective date of this amendatory Act of the 100th | ||
General Assembly. | ||
(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | ||
100-1066, eff. 8-24-18.)
| ||
(775 ILCS 5/8-109) (from Ch. 68, par. 8-109)
| ||
Sec. 8-109. Specific Penalties; Public Contracts; | ||
Licensees; Public
Officials. In addition to the penalties and | ||
forms of relief set forth
in Section 8A-104 8-108 , a hearing | ||
officer may recommend and the Commission or
any three member | ||
panel thereof may:
| ||
(A) Public Contracts. In the case of a respondent who | ||
commits a
civil rights violation while holding a public
| ||
contract, where the practice was authorized, requested, | ||
commanded,
performed, or knowingly permitted by the board of | ||
directors of the
respondent or by an officer or executive agent | ||
acting within the scope
of his employment, order: (1) | ||
termination of the
contract; (2) debarment of the respondent
| ||
from participating in public contracts for a period not to | ||
exceed three
years; (3) imposition of a penalty to be paid to | ||
the State Treasurer
not to exceed any profit acquired as a | ||
direct result of a civil rights violation;
or (4) any |
combination of these penalties.
| ||
(B) Licensees. In the case of a respondent, operating by | ||
virtue of
a license issued by the State, a political | ||
subdivision, or any agency
thereof, who commits a civil rights | ||
violation, recommend to the
appropriate licensing authority | ||
that the respondent's license be
suspended or revoked.
| ||
(C) Public Officials. In the case of a respondent who is a | ||
public
official who violates paragraph (C) of Section 5-102, | ||
recommend to the
department or agency in which the official is | ||
employed that such
disciplinary or discharge proceedings as the | ||
Commission deems appropriate be employed.
| ||
(Source: P.A. 81-1267.)
| ||
(775 ILCS 5/8-109.1 new) | ||
Sec. 8-109.1. Civil penalties; failure to report; failure | ||
to train. | ||
(A) A hearing officer may recommend the Commission or any | ||
3-member panel thereof may: | ||
(1) Failure to report. In the case of an employer who | ||
fails to make any disclosures required under Section 2-108 | ||
within 30 days of the Department's notice to show cause, or | ||
as otherwise extended by the Department, order that a civil | ||
penalty be imposed pursuant to subsection (B). | ||
(2) Failure to train. In the case of an employer who | ||
fails to comply with the sexual harassment prevention | ||
training requirements under Section 2-109 or 2-110 within |
30 days of the Department's notice to show cause, or as | ||
otherwise extended by the Department, order that a civil | ||
penalty be imposed pursuant to subsection (B). | ||
(B) An employer who violates Section 2-108, 2-109, or 2-110 | ||
is subject to a civil penalty as follows: | ||
(1) For an employer with fewer than 4 employees: a | ||
penalty not to exceed $500 for a first offense; a penalty | ||
not to exceed $1,000 for a second offense; a penalty not to | ||
exceed $3,000 for a third or subsequent offense. | ||
(2) For an employer with 4 or more employees: a penalty | ||
not to exceed $1,000 for a first offense; a penalty not to | ||
exceed $3,000 for a second offense; a penalty not to exceed | ||
$5,000 for a third or subsequent offense. | ||
(C) The appropriateness of the penalty to the size of the | ||
employer charged, the good faith efforts made by the employer | ||
to comply, and the gravity of the violation shall be considered | ||
in determining the amount of the civil penalty. | ||
Article 3. | ||
Section 3-1. Short title. This Article may be cited as the | ||
Sexual Harassment Victim Representation Act. References in | ||
this Article to "this Act" mean this Article. | ||
Section 3-5. Definitions. In this Act: | ||
"Perpetrator" means an individual who commits or is alleged |
to have committed an act or threat of sexual harassment. | ||
"Sexual harassment" means any unwelcome sexual advances or | ||
requests for sexual favors or any conduct of a sexual nature | ||
when: (i) submission to such conduct is made either explicitly | ||
or implicitly a term or condition of an individual's | ||
employment; (ii) submission to or rejection of such conduct by | ||
an individual is used as the basis for employment decisions | ||
affecting such individual; or (iii) such conduct has the | ||
purpose or effect of substantially interfering with an | ||
individual's work performance or creating an intimidating, | ||
hostile, or offensive working environment. | ||
"Union" means any organization defined as a "labor | ||
organization" under Section 2 of the National Labor Relations | ||
Act (29 U.S.C. 152). | ||
"Union representative" means a person designated by a union | ||
to represent a member of the union in any disciplinary | ||
proceeding. | ||
"Victim" means a victim of sexual harassment. | ||
Section 3-10. Dual representation prohibited. | ||
(a) In any proceeding in which a victim who is a member of | ||
a union has accused a perpetrator who is a member of the same | ||
union, the victim and the perpetrator may not be represented in | ||
the proceeding by the same union representative. | ||
(b) The union must designate separate union | ||
representatives to represent the parties to the proceeding.
|
Section 3-15. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Article 4. | ||
Section 4-5. The Victims' Economic Security and Safety Act | ||
is amended by changing Sections 5, 10, 15, 20, 25, 30, and 45 | ||
as follows:
| ||
(820 ILCS 180/5)
| ||
Sec. 5. Findings. The General Assembly finds and declares | ||
the
following:
| ||
(1) Domestic , and sexual , and gender violence affects | ||
many persons without
regard to age, race, educational | ||
level, socioeconomic status,
religion, or occupation.
| ||
(2) Domestic , and sexual , and gender violence has a | ||
devastating effect on
individuals, families, communities | ||
and the workplace.
| ||
(3) Domestic violence crimes account for approximately | ||
15%
of total crime costs in the United States each year.
| ||
(4) Violence against women has been reported to be the | ||
leading
cause of physical injury to women. Such violence | ||
has a
devastating impact on women's physical and emotional | ||
health
and financial security.
| ||
(5) According to recent government surveys, from 1993 |
through
1998 the average annual number of violent | ||
victimizations
committed by intimate partners was | ||
1,082,110, 87% of which
were committed against women.
| ||
(6) Female murder victims were substantially more | ||
likely than
male murder victims to have been killed by an | ||
intimate
partner. About one-third of female murder | ||
victims, and about
4% of male murder victims, were killed | ||
by an
intimate partner.
| ||
(7) According to recent government estimates, | ||
approximately
987,400 rapes occur annually in the United | ||
States, 89% of the
rapes are perpetrated against female | ||
victims.
| ||
(8) Approximately 10,200,000 people have been stalked | ||
at some
time in their lives. Four out of every 5 stalking | ||
victims
are women. Stalkers harass and terrorize their | ||
victims by
spying on the victims, standing outside their | ||
places of work
or homes, making unwanted phone calls, | ||
sending or leaving
unwanted letters or items, or | ||
vandalizing property.
| ||
(9) Employees in the United States who have been | ||
victims of
domestic violence, dating violence, sexual | ||
assault, or
stalking too often suffer adverse consequences | ||
in the
workplace as a result of their victimization.
| ||
(10) Victims of domestic violence, dating violence, | ||
sexual
assault, and stalking face the threat of job loss | ||
and loss of
health insurance as a result of the illegal |
acts of the
perpetrators of violence.
| ||
(11) The prevalence of domestic violence, dating | ||
violence,
sexual assault, stalking, and other violence | ||
against women at
work is dramatic. Approximately 11% of all | ||
rapes occur
in the workplace. About 50,500 individuals, 83% | ||
of whom
are women, were raped or sexually assaulted in the | ||
workplace
each year from 1992 through 1996. Half of all | ||
female victims
of violent workplace crimes know their | ||
attackers. Nearly one
out of 10 violent workplace incidents | ||
is committed by
partners or spouses.
| ||
(12) Homicide is the leading cause of death for women | ||
on the
job. Husbands, boyfriends, and ex-partners commit | ||
15%
of workplace homicides against women.
| ||
(13) Studies indicate that as much as 74% of employed
| ||
battered women surveyed were harassed at work by their | ||
abusive
partners.
| ||
(14) According to a 1998 report of the U.S. General | ||
Accounting
Office, between one-fourth and one-half of | ||
domestic violence
victims surveyed in 3 studies reported | ||
that the victims
lost a job due, at least in part, to | ||
domestic violence.
| ||
(15) Women who have experienced domestic violence or | ||
dating
violence are more likely than other women to be | ||
unemployed, to
suffer from health problems that can affect | ||
employability and
job performance, to report lower | ||
personal income, and to rely
on welfare.
|
(16) Abusers frequently seek to control their partners | ||
by
actively interfering with their ability to work, | ||
including
preventing their partners from going to work, | ||
harassing their
partners at work, limiting the access of | ||
their partners to
cash or transportation, and sabotaging | ||
the child care
arrangements of their partners.
| ||
(17) More than one-half of women receiving welfare have | ||
been
victims of domestic violence as adults and between | ||
one-fourth
and one-third reported being abused in the last | ||
year.
| ||
(18) Sexual assault, whether occurring in or out of the
| ||
workplace, can impair an employee's work performance, | ||
require
time away from work, and undermine the employee's | ||
ability to
maintain a job. Almost 50% of sexual assault | ||
survivors
lose their jobs or are forced to quit in the | ||
aftermath of the
assaults.
| ||
(19) More than one-fourth of stalking victims report | ||
losing time
from work due to the stalking and 7% never | ||
return
to work.
| ||
(20) (A) According to the National Institute of | ||
Justice, crime
costs an estimated $450,000,000,000 | ||
annually in medical
expenses, lost earnings, social | ||
service costs, pain,
suffering, and reduced quality of life | ||
for victims, which
harms the Nation's productivity and | ||
drains the Nation's
resources.
(B) Violent crime accounts | ||
for $426,000,000,000 per year of
this amount.
(C) Rape |
exacts the highest costs per victim of any criminal
| ||
offense, and accounts for $127,000,000,000 per year of the
| ||
amount described in subparagraph (A).
| ||
(21) The Bureau of National Affairs has estimated that | ||
domestic
violence costs United States employers between | ||
$3,000,000,000
and $5,000,000,000 annually in lost time | ||
and productivity.
Other reports have estimated that | ||
domestic violence costs
United States employers | ||
$13,000,000,000 annually.
| ||
(22) United States medical costs for domestic violence | ||
have been
estimated to be $31,000,000,000 per year.
| ||
(23) Ninety-four percent of corporate security and | ||
safety
directors at companies nationwide rank domestic | ||
violence as a
high security concern.
| ||
(24) Forty-nine percent of senior executives recently | ||
surveyed
said domestic violence has a harmful effect on | ||
their company's
productivity, 47% said domestic violence | ||
negatively
affects attendance, and 44% said domestic | ||
violence
increases health care costs.
| ||
(25) Employees, including individuals participating in | ||
welfare
to work programs, may need to take time during | ||
business hours
to:
| ||
(A) obtain orders of protection or civil no contact | ||
orders;
| ||
(B) seek medical or legal assistance, counseling, | ||
or other
services; or
|
(C) look for housing in order to escape from | ||
domestic or sexual
violence.
| ||
(Source: P.A. 96-635, eff. 8-24-09.)
| ||
(820 ILCS 180/10)
| ||
Sec. 10. Definitions. In this Act, except as otherwise | ||
expressly provided:
| ||
(1) "Commerce" includes trade, traffic, commerce,
| ||
transportation, or communication; and "industry or | ||
activity
affecting commerce" means any activity, business, | ||
or industry in
commerce or in which a labor dispute would | ||
hinder or obstruct
commerce or the free flow of commerce, | ||
and includes "commerce" and
any "industry affecting | ||
commerce".
| ||
(2) "Course of conduct" means a course of repeatedly | ||
maintaining
a visual or physical proximity to a person or | ||
conveying oral or
written threats, including threats | ||
conveyed through electronic
communications, or threats | ||
implied by conduct.
| ||
(3) "Department" means the Department of Labor.
| ||
(4) "Director" means the Director of Labor.
| ||
(5) "Domestic violence, sexual violence, or gender | ||
violence or sexual violence " means domestic violence, | ||
sexual
assault, gender violence, or stalking.
| ||
(6) "Domestic violence" means abuse, as defined in | ||
Section 103 of the Illinois Domestic Violence Act of 1986, |
by a family or household member, as defined in Section 103 | ||
of the Illinois Domestic Violence Act of 1986.
| ||
(7) "Electronic communications" includes | ||
communications via
telephone, mobile phone, computer, | ||
e-mail, video recorder, fax
machine, telex, or pager, | ||
online platform (including, but not limited to, any | ||
public-facing website, web application, digital | ||
application, or social network), or any other electronic | ||
communication, as defined in Section 12-7.5 of the Criminal | ||
Code of 2012.
| ||
(8) "Employ" includes to suffer or permit to work.
| ||
(9) Employee.
| ||
(A) In general. "Employee" means any person | ||
employed by an employer.
| ||
(B) Basis. "Employee" includes a person employed | ||
as described in
subparagraph (A) on a full or part-time | ||
basis,
or as a participant in a work
assignment as a | ||
condition of receipt of federal or State
income-based | ||
public assistance.
| ||
(10) "Employer" means any of the following: (A) the | ||
State or any agency
of the
State; (B) any unit of local | ||
government or school district; or (C) any person
that | ||
employs
at least one employee.
| ||
(11) "Employment benefits" means all benefits provided | ||
or made
available to employees by an employer, including | ||
group life
insurance, health insurance, disability |
insurance, sick leave,
annual leave, educational benefits, | ||
pensions, and profit-sharing, regardless of
whether such | ||
benefits are provided by a practice or written
policy of an | ||
employer or through an "employee benefit plan".
"Employee | ||
benefit plan" or "plan" means an employee welfare
benefit | ||
plan or an employee pension benefit plan or a plan which
is | ||
both an employee welfare benefit plan and an employee | ||
pension
benefit plan.
| ||
(12) "Family or household member", for employees with a | ||
family or household member who is a victim of domestic | ||
violence, sexual violence, or gender violence, or sexual | ||
violence, means a spouse,
parent, son, daughter, other | ||
person related by blood or by present or prior marriage, | ||
other person who shares a relationship through a son or | ||
daughter, and persons jointly residing
in the same | ||
household.
| ||
(12.5) "Gender violence" means: | ||
(A) one or more acts of violence or aggression | ||
satisfying the elements of any criminal offense under the | ||
laws of this State that are committed, at least in part, on | ||
the basis of a person's actual or perceived sex or gender, | ||
regardless of whether the acts resulted in criminal | ||
charges, prosecution, or conviction; | ||
(B) a physical intrusion or physical invasion of a | ||
sexual nature under coercive conditions satisfying the | ||
elements of any criminal offense under the laws of this |
State, regardless of whether the intrusion or invasion | ||
resulted in criminal charges, prosecution, or conviction; | ||
or | ||
(C) a threat of an act described in item (A) or (B) | ||
causing a realistic apprehension that the originator of the | ||
threat will commit the act. | ||
(13) "Parent" means the biological parent of an | ||
employee or an
individual who stood in loco parentis to an | ||
employee when the
employee was a son or daughter. "Son or | ||
daughter" means
a biological, adopted, or foster child, a | ||
stepchild, a legal
ward, or a child of a person standing in | ||
loco parentis, who is
under 18 years of age, or is 18 years | ||
of age or older and incapable
of self-care because of a | ||
mental or physical disability.
| ||
(14) "Perpetrator" means an individual who commits or | ||
is alleged
to have committed any act or threat of domestic | ||
violence, sexual violence, or gender violence or sexual
| ||
violence .
| ||
(15) "Person" means an individual, partnership, | ||
association,
corporation, business trust, legal | ||
representative, or any
organized group of persons.
| ||
(16) "Public agency" means the Government of the State | ||
or
political subdivision thereof; any agency of the State, | ||
or of a
political subdivision of the State; or any | ||
governmental agency.
| ||
(17) "Public assistance" includes cash, food stamps, |
medical
assistance, housing assistance, and other benefits | ||
provided on
the basis of income by a public agency or | ||
public employer.
| ||
(18) "Reduced work schedule" means a work schedule that | ||
reduces
the usual number of hours per workweek, or hours | ||
per workday, of
an employee.
| ||
(19) "Repeatedly" means on 2 or more occasions.
| ||
(20) "Sexual assault" means any conduct proscribed by : | ||
(i) Article 11 of the Criminal Code of 2012 except Sections | ||
11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1, | ||
12-15, and 12-16 of the Criminal Code of 2012; or (iii) a | ||
similar provision of the Criminal Code of 1961 the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 in Sections | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||
12-14.1,
12-15, and 12-16 .
| ||
(21) "Stalking" means any conduct proscribed by the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 in | ||
Sections 12-7.3, 12-7.4, and 12-7.5.
| ||
(22) "Victim" or "survivor" means an individual who has
| ||
been subjected to domestic violence, sexual violence, or | ||
gender violence or sexual violence .
| ||
(23) "Victim services organization" means a nonprofit,
| ||
nongovernmental organization that provides assistance to | ||
victims
of domestic violence, sexual violence, or gender | ||
violence or sexual violence or to advocates for such | ||
victims,
including a rape crisis center, an organization |
carrying out a
domestic violence program, an organization | ||
operating a shelter or
providing counseling services, or a | ||
legal services organization
or other organization | ||
providing assistance through the legal
process.
| ||
(Source: P.A. 99-765, eff. 1-1-17 .)
| ||
(820 ILCS 180/15)
| ||
Sec. 15. Purposes. The purposes of this Act are:
| ||
(1) to promote the State's interest in reducing | ||
domestic
violence, dating violence, sexual assault, gender | ||
violence, and stalking by
enabling victims of domestic | ||
violence, sexual violence, or gender violence or sexual | ||
violence to maintain the
financial independence necessary | ||
to leave abusive situations,
achieve safety, and minimize | ||
the physical and emotional injuries
from domestic | ||
violence, sexual violence, or gender violence or sexual | ||
violence , and to reduce the devastating
economic | ||
consequences of domestic violence, sexual violence, or | ||
gender violence or sexual violence to employers
and | ||
employees;
| ||
(2) to address the failure of existing laws to protect | ||
the
employment rights of employees who are victims of | ||
domestic violence, sexual violence, or gender violence or
| ||
sexual violence and employees with a family or household | ||
member
who is a victim of domestic violence, sexual | ||
violence, or gender violence or sexual violence , by |
protecting the
civil and economic rights of those | ||
employees, and by furthering
the equal opportunity of women | ||
for economic self-sufficiency and
employment free from | ||
discrimination;
| ||
(3) to accomplish the purposes described in paragraphs | ||
(1) and (2) by (A)
entitling
employed victims of domestic | ||
violence, sexual violence, or gender violence or sexual | ||
violence and employees with a family or household member | ||
who is a victim of domestic violence, sexual violence, or | ||
gender violence or sexual violence to take unpaid leave to | ||
seek
medical
help, legal assistance, counseling, safety | ||
planning, and other assistance
without penalty from their | ||
employers for the employee or the family or household | ||
member who is a victim; and (B) prohibiting employers from | ||
discriminating against any employee who is a victim of | ||
domestic violence, sexual violence, or gender violence or | ||
sexual violence or any employee who has a family or | ||
household member who is a victim of domestic violence, | ||
sexual violence, or gender violence or sexual violence , in | ||
a manner that accommodates the legitimate interests of | ||
employers and protects the safety of all persons in the | ||
workplace.
| ||
(Source: P.A. 96-635, eff. 8-24-09.)
| ||
(820 ILCS 180/20)
| ||
Sec. 20. Entitlement to leave due to domestic violence, |
sexual violence, or gender violence or sexual violence .
| ||
(a) Leave requirement.
| ||
(1) Basis. An employee who is a victim of domestic | ||
violence, sexual violence, or gender violence or sexual
| ||
violence or an employee who has a family or household | ||
member who is a victim of
domestic violence, sexual | ||
violence, or gender violence or sexual violence whose | ||
interests are not adverse to
the employee as it relates to | ||
the domestic violence, sexual violence, or gender violence | ||
or sexual violence may take unpaid
leave
from work if the | ||
employee or employee's family or household member is | ||
experiencing an incident of domestic violence, sexual | ||
violence, or gender violence or sexual violence or to | ||
address domestic violence, sexual violence, or gender | ||
violence or
sexual violence by:
| ||
(A) seeking medical attention for, or recovering | ||
from,
physical or psychological injuries caused by | ||
domestic violence, sexual violence, or gender violence | ||
or
sexual violence to the employee or the employee's | ||
family or
household member;
| ||
(B) obtaining services from a victim services | ||
organization
for the employee or the employee's family | ||
or household
member;
| ||
(C) obtaining psychological or other counseling | ||
for the
employee or the employee's family or household | ||
member;
|
(D) participating in safety planning, temporarily | ||
or
permanently relocating, or taking other actions to | ||
increase
the safety of the employee or the employee's | ||
family or
household member from future domestic | ||
violence, sexual violence, or gender violence or | ||
sexual violence or
ensure economic security; or
| ||
(E) seeking legal assistance or remedies to ensure | ||
the
health and safety of the employee or the employee's | ||
family
or household member, including preparing for or
| ||
participating in any civil or criminal legal | ||
proceeding
related to or derived from domestic | ||
violence, sexual violence, or gender violence or | ||
sexual violence .
| ||
(2) Period. Subject to subsection (c), an employee | ||
working for an employer that employs
at least 50 employees | ||
shall be
entitled to a total of 12 workweeks of leave | ||
during any 12-month
period. Subject to subsection (c), an | ||
employee working for an employer that employs
at least 15 | ||
but not more than 49 employees shall be entitled to a total | ||
of 8 workweeks of leave during any 12-month period. Subject | ||
to subsection (c), an employee working for an employer that | ||
employs at least one but not more than 14 employees shall | ||
be entitled to a total of 4 workweeks of leave during any | ||
12-month period. The total number of workweeks to which an | ||
employee is entitled shall not decrease during the relevant | ||
12-month period. This Act does not create a right for an |
employee to take
unpaid leave that exceeds the unpaid leave | ||
time allowed under, or
is in addition to the unpaid leave | ||
time permitted by, the federal
Family and Medical Leave Act | ||
of 1993 (29 U.S.C. 2601 et seq.).
| ||
(3) Schedule. Leave described in paragraph (1) may be | ||
taken intermittently or on a reduced work schedule.
| ||
(b) Notice. The employee shall provide the employer with at | ||
least 48 hours'
advance
notice of the employee's intention to | ||
take the leave, unless providing
such notice is not | ||
practicable. When an unscheduled absence occurs,
the employer | ||
may not take any action against the employee if the
employee, | ||
upon request of the employer and within a reasonable period | ||
after the absence, provides
certification under subsection | ||
(c).
| ||
(c) Certification.
| ||
(1) In general. The employer may require the employee | ||
to provide
certification to the employer
that:
| ||
(A) the employee or the employee's family or | ||
household
member is a victim of domestic violence, | ||
sexual violence, or gender violence or sexual | ||
violence ; and
| ||
(B) the leave is for one of the purposes enumerated | ||
in
paragraph (a)(1).
| ||
The employee shall provide such certification to the | ||
employer within a
reasonable period after the employer | ||
requests certification.
|
(2) Contents. An employee may satisfy the | ||
certification
requirement of paragraph (1) by providing to | ||
the employer
a sworn statement of the employee, and upon | ||
obtaining such documents the
employee shall provide:
| ||
(A) documentation from an employee, agent, or | ||
volunteer of
a victim services organization, an | ||
attorney, a member of
the clergy, or a medical or other | ||
professional from whom
the employee or the employee's | ||
family or household member
has sought assistance in | ||
addressing domestic violence, sexual violence, or | ||
gender violence or sexual
violence and the effects of | ||
the violence;
| ||
(B) a police or court record; or
| ||
(C) other corroborating evidence.
| ||
(d) Confidentiality. All information provided to the | ||
employer pursuant
to subsection (b) or (c), including a | ||
statement of the employee or any
other documentation, record, | ||
or corroborating evidence, and the fact
that the employee has | ||
requested or obtained leave pursuant to this
Section, shall be | ||
retained in the strictest confidence by the employer,
except to | ||
the extent that disclosure is:
| ||
(1) requested or consented to in writing by the | ||
employee; or
| ||
(2) otherwise required by applicable federal or State | ||
law.
| ||
(e) Employment and benefits.
|
(1) Restoration to position.
| ||
(A) In general. Any
employee who takes leave under | ||
this Section for the
intended purpose of the leave | ||
shall be entitled, on return
from such leave:
| ||
(i) to be restored by the employer to the | ||
position of
employment held by the employee when | ||
the leave
commenced; or
| ||
(ii) to be restored to an equivalent position | ||
with
equivalent employment benefits, pay, and | ||
other terms
and conditions of employment.
| ||
(B) Loss of benefits. The taking of leave under | ||
this
Section shall not result in the loss of any | ||
employment
benefit accrued prior to the date on which | ||
the leave
commenced.
| ||
(C) Limitations. Nothing in this subsection shall | ||
be
construed to entitle any restored employee to:
| ||
(i) the accrual of any seniority or employment
| ||
benefits during any period of leave; or
| ||
(ii) any right, benefit, or position of | ||
employment
other than any right, benefit, or | ||
position to which
the employee would have been | ||
entitled had the
employee not taken the leave.
| ||
(D) Construction. Nothing in this paragraph shall | ||
be
construed to prohibit an employer from requiring an
| ||
employee on leave under this Section to report | ||
periodically
to the employer on the status and |
intention of the employee
to return to work.
| ||
(2) Maintenance of health benefits.
| ||
(A) Coverage. Except as provided in subparagraph | ||
(B),
during any period that an employee takes leave | ||
under this
Section, the employer shall maintain | ||
coverage for the
employee and any family or household | ||
member under any group
health plan for the duration of | ||
such leave at the level and
under the conditions | ||
coverage would have been provided if
the employee had | ||
continued in employment continuously for
the duration | ||
of such leave.
| ||
(B) Failure to return from leave. The employer may | ||
recover
the premium that the employer paid for | ||
maintaining coverage
for the employee and the | ||
employee's family or household
member under such group | ||
health plan during any period of
leave under this | ||
Section if:
| ||
(i) the employee fails to return from leave | ||
under
this Section after the period of leave to | ||
which the
employee is entitled has expired; and
| ||
(ii) the employee fails to return to work for a
| ||
reason other than:
| ||
(I) the continuation, recurrence, or onset | ||
of
domestic violence, sexual violence, or | ||
gender violence or sexual violence that | ||
entitles the
employee to leave pursuant to this |
Section; or
| ||
(II) other circumstances beyond the | ||
control of the employee.
| ||
(C) Certification.
| ||
(i) Issuance. An employer may require an | ||
employee who
claims that the employee is unable to | ||
return to work
because of a reason described in | ||
subclause (I) or
(II) of subparagraph (B)(ii) to | ||
provide, within a
reasonable period after making | ||
the claim,
certification to the employer that the | ||
employee is
unable to return to work because of | ||
that reason.
| ||
(ii) Contents. An employee may satisfy the
| ||
certification requirement of clause (i) by | ||
providing
to the employer:
| ||
(I) a sworn statement of the employee;
| ||
(II) documentation from an employee, | ||
agent, or
volunteer of a victim services | ||
organization, an
attorney, a member of the | ||
clergy, or a medical
or other professional from | ||
whom the employee
has sought assistance in | ||
addressing domestic violence, sexual violence, | ||
or gender violence or
sexual violence and the | ||
effects of that
violence;
| ||
(III) a police or court record; or
| ||
(IV) other corroborating evidence.
|
(D) Confidentiality. All information provided to | ||
the
employer pursuant to subparagraph (C), including a
| ||
statement of the employee or any other documentation,
| ||
record, or corroborating evidence, and the fact that | ||
the
employee is not returning to work because of a | ||
reason
described in subclause (I) or (II) of | ||
subparagraph (B)(ii)
shall be retained in the | ||
strictest confidence by the
employer, except to the | ||
extent that disclosure is:
| ||
(i) requested or consented to in writing by the
| ||
employee; or
| ||
(ii) otherwise required by applicable federal | ||
or
State law.
| ||
(f) Prohibited acts.
| ||
(1) Interference with rights.
| ||
(A) Exercise of rights. It shall be unlawful for | ||
any
employer to interfere with, restrain, or deny the | ||
exercise
of or the attempt to exercise any right | ||
provided under
this Section.
| ||
(B) Employer discrimination. It shall be unlawful | ||
for any
employer to discharge or harass any individual, | ||
or
otherwise discriminate against any individual with | ||
respect
to compensation, terms, conditions, or | ||
privileges of
employment of the individual (including | ||
retaliation in any
form or manner) because the | ||
individual:
|
(i) exercised any right provided under this | ||
Section;
or
| ||
(ii) opposed any practice made unlawful by | ||
this
Section.
| ||
(C) Public agency sanctions. It shall be unlawful | ||
for any
public agency to deny, reduce, or terminate the | ||
benefits
of, otherwise sanction, or harass any | ||
individual, or
otherwise discriminate against any | ||
individual with respect
to the amount, terms, or | ||
conditions of public assistance of
the individual | ||
(including retaliation in any form or
manner) because | ||
the individual:
| ||
(i) exercised any right provided under this | ||
Section;
or
| ||
(ii) opposed any practice made unlawful by | ||
this
Section.
| ||
(2) Interference with proceedings or inquiries. It | ||
shall be
unlawful for any person to discharge or in any | ||
other manner
discriminate (as described in subparagraph | ||
(B) or (C) of
paragraph (1)) against any individual because | ||
such individual:
| ||
(A) has filed any charge, or has instituted or | ||
caused to be
instituted any proceeding, under or | ||
related to this
Section;
| ||
(B) has given, or is about to give, any information | ||
in
connection with any inquiry or proceeding relating |
to any
right provided under this Section; or
| ||
(C) has testified, or is about to testify, in any | ||
inquiry
or proceeding relating to any right provided | ||
under this Section.
| ||
(Source: P.A. 99-765, eff. 1-1-17 .)
| ||
(820 ILCS 180/25)
| ||
Sec. 25.
Existing leave usable for addressing domestic | ||
violence, sexual violence, or gender violence or sexual
| ||
violence . An employee who is entitled to take paid or unpaid | ||
leave (including
family, medical, sick, annual, personal, or | ||
similar leave) from employment,
pursuant to federal, State, or | ||
local law, a collective bargaining agreement, or
an
employment | ||
benefits program or plan, may elect to substitute any period of | ||
such
leave for an equivalent period of leave provided under | ||
Section 20. The employer may not require the employee to | ||
substitute available paid or unpaid leave for leave provided | ||
under Section 20.
| ||
(Source: P.A. 96-635, eff. 8-24-09.)
| ||
(820 ILCS 180/30)
| ||
Sec. 30. Victims' employment sustainability; prohibited
| ||
discriminatory acts. | ||
(a) An employer shall not fail to hire, refuse to hire,
| ||
discharge, constructively discharge, or harass any individual, | ||
otherwise discriminate against any
individual with respect to |
the compensation, terms, conditions, or
privileges of | ||
employment of the individual, or retaliate against an
| ||
individual in any form or manner, and a public agency shall not | ||
deny,
reduce, or terminate the benefits of, otherwise sanction, | ||
or harass any
individual, otherwise discriminate against any | ||
individual with respect
to the amount, terms, or conditions of | ||
public assistance of the
individual, or retaliate against an | ||
individual in any form or manner,
because:
| ||
(1) the individual involved:
| ||
(A) is or is perceived to be a victim of domestic | ||
violence, sexual violence, or gender violence or | ||
sexual
violence ;
| ||
(B) attended, participated in, prepared for, or | ||
requested
leave to attend, participate in, or prepare | ||
for a criminal
or civil court proceeding relating to an | ||
incident of
domestic violence, sexual violence, or | ||
gender violence or sexual violence of which the | ||
individual or a
family or household member of the | ||
individual was a victim, or requested or took leave for | ||
any other reason provided under Section 20;
| ||
(C) requested an adjustment to a job structure, | ||
workplace
facility, or work requirement, including a | ||
transfer,
reassignment, or modified schedule, leave, a | ||
changed
telephone number or seating assignment, | ||
installation of a
lock, or implementation of a safety | ||
procedure in response
to actual or threatened domestic |
violence, sexual violence, or gender violence or | ||
sexual violence ,
regardless of whether the request was | ||
granted; or | ||
(D) is an employee whose employer is subject to | ||
Section 21 of the Workplace Violence Prevention Act; or
| ||
(2) the workplace is disrupted or threatened by the | ||
action of a
person whom the individual states has committed | ||
or threatened to
commit domestic violence, sexual | ||
violence, or gender violence or sexual violence against the | ||
individual or the
individual's family or household member.
| ||
(b) In this Section:
| ||
(1) "Discriminate", used with respect to the terms, | ||
conditions,
or privileges of employment or with respect to | ||
the terms or
conditions of public assistance, includes not | ||
making a reasonable
accommodation to the known limitations | ||
resulting from
circumstances relating to being a victim of | ||
domestic violence, sexual violence, or gender violence or | ||
sexual
violence or a family or household member being a | ||
victim of
domestic violence, sexual violence, or gender | ||
violence or sexual violence of an otherwise qualified | ||
individual:
| ||
(A) who is:
| ||
(i) an applicant or employee of the employer | ||
(including a
public agency); or
| ||
(ii) an applicant for or recipient of public | ||
assistance
from a public agency; and
|
(B) who is:
| ||
(i) a victim of domestic violence, sexual | ||
violence, or gender violence a victim of domestic | ||
or sexual violence ; or
| ||
(ii) with a family or household member who is a | ||
victim of
domestic violence, sexual violence, or | ||
gender violence or sexual violence whose interests | ||
are not adverse to
the individual in subparagraph | ||
(A) as it relates to the domestic violence, sexual | ||
violence, or gender violence
or sexual violence ;
| ||
unless the employer or public agency can demonstrate that | ||
the
accommodation would impose an undue hardship on the | ||
operation of
the employer or public agency.
| ||
A reasonable accommodation must be made in a timely | ||
fashion. Any exigent circumstances or danger facing the | ||
employee or his or her family or household member shall be | ||
considered in determining whether the accommodation is | ||
reasonable. | ||
(2) "Qualified individual" means:
| ||
(A) in the case of an applicant or employee | ||
described in
paragraph (1)(A)(i), an individual who, | ||
but for being a
victim of domestic violence, sexual | ||
violence, or gender violence or sexual violence or with | ||
a family or
household member who is a victim of | ||
domestic violence, sexual violence, or gender violence | ||
or sexual
violence , can perform the essential |
functions of the
employment position that such | ||
individual holds or desires;
or
| ||
(B) in the case of an applicant or recipient | ||
described in
paragraph (1)(A)(ii), an individual who, | ||
but for being a
victim of domestic violence, sexual | ||
violence, or gender violence or sexual violence or with | ||
a family or
household member who is a victim of | ||
domestic violence, sexual violence, or gender violence | ||
or sexual
violence , can satisfy the essential | ||
requirements of the
program providing the public | ||
assistance that the individual
receives or desires.
| ||
(3) "Reasonable accommodation" may include an | ||
adjustment to a job
structure, workplace facility, or work | ||
requirement, including a
transfer, reassignment, or | ||
modified schedule, leave, a changed
telephone number or | ||
seating assignment, installation of a lock,
or | ||
implementation of a safety procedure, or assistance in | ||
documenting domestic violence, sexual violence, or gender | ||
violence or sexual violence that occurs at the workplace or | ||
in work-related settings, in response to actual or
| ||
threatened domestic violence, sexual violence, or gender | ||
violence or sexual violence .
| ||
(4) Undue hardship.
| ||
(A) In general. "Undue hardship" means an action | ||
requiring
significant difficulty or expense, when | ||
considered in light
of the factors set forth in |
subparagraph (B).
| ||
(B) Factors to be considered. In determining | ||
whether a
reasonable accommodation would impose an | ||
undue hardship on
the operation of an employer or | ||
public agency, factors to
be considered include:
| ||
(i) the nature and cost of the reasonable
| ||
accommodation needed under this Section;
| ||
(ii) the overall financial resources of the | ||
facility
involved in the provision of the | ||
reasonable
accommodation, the number of persons | ||
employed at such
facility, the effect on expenses | ||
and resources, or
the impact otherwise of such | ||
accommodation on the
operation of the facility;
| ||
(iii) the overall financial resources of the | ||
employer
or public agency, the overall size of the | ||
business of
an employer or public agency with | ||
respect to the
number of employees of the employer | ||
or public agency,
and the number, type, and | ||
location of the facilities
of an employer or public | ||
agency; and
| ||
(iv) the type of operation of the employer or | ||
public
agency, including the composition, | ||
structure, and
functions of the workforce of the | ||
employer or public
agency, the geographic | ||
separateness of the facility
from the employer or | ||
public agency, and the
administrative or fiscal |
relationship of the facility
to the employer or | ||
public agency.
| ||
(c) An employer subject to Section 21 of the Workplace | ||
Violence Prevention Act shall not violate any provisions of the | ||
Workplace Violence Prevention Act. | ||
(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
| ||
(820 ILCS 180/45)
| ||
Sec. 45. Effect on other laws and employment benefits.
| ||
(a) More protective laws, agreements, programs, and
plans. | ||
Nothing in this Act shall be construed to supersede
any | ||
provision of any federal, State, or local law, collective
| ||
bargaining agreement, or employment benefits program or plan
| ||
that provides:
| ||
(1) greater leave benefits for victims of domestic | ||
violence, sexual violence, or gender violence
or sexual | ||
violence than the rights established under this
Act; or
| ||
(2) leave benefits for a larger population of
victims | ||
of domestic violence, sexual violence, or gender violence | ||
or sexual violence (as defined in
such law, agreement, | ||
program, or plan) than the victims
of domestic violence, | ||
sexual violence, or gender violence or sexual violence | ||
covered under this Act.
| ||
(b) Less protective laws, agreements, programs, and
plans. | ||
The rights established for employees who are victims
of | ||
domestic violence, sexual violence, or gender violence or |
sexual violence and employees with a family or
household member | ||
who is a victim of domestic violence, sexual violence, or | ||
gender violence or sexual
violence under this Act shall not be | ||
diminished by any
federal, State or local law, collective | ||
bargaining agreement, or
employment benefits program or plan.
| ||
(Source: P.A. 93-591, eff. 8-25-03.)
| ||
Article 5. | ||
Section 5-1. Short title. This Article may be cited as the | ||
Hotel and Casino Employee Safety Act. References in this | ||
Article to "this Act" mean this Article. | ||
Section 5-5. Definitions. As used in this Act: | ||
"Casino" has the meaning ascribed to the term "riverboat" | ||
under the Riverboat Gambling Act. | ||
"Casino employer" means any person, business, or | ||
organization that holds an owners license pursuant to the | ||
Riverboat Gambling Act that operates a casino and either | ||
directly employs or through a subcontractor, including through | ||
the services of a temporary staffing agency, exercises | ||
direction and control over any natural person who is working on | ||
the casino premises. | ||
"Complaining employee" means an employee who has alleged an | ||
instance of sexual assault or sexual harassment by a guest. | ||
"Employee" means any natural person who works full-time or |
part-time for a hotel employer or casino employer for or under | ||
the direction of the hotel employer or casino employer or any | ||
subcontractor of the hotel employer or casino employer for | ||
wages or salary or remuneration of any type under a contract or | ||
subcontract of employment. | ||
"Guest" means any invitee to a hotel or casino, including a | ||
registered guest, person occupying a guest room with a | ||
registered guest or other occupant of a guest room, person | ||
patronizing food or beverage facilities provided by the hotel | ||
or casino, or any other person whose presence at the hotel or
| ||
casino is permitted by the hotel or casino. "Guest" does not | ||
include an employee.
| ||
"Guest room" means any room made available by a hotel for | ||
overnight occupancy by guests. | ||
"Hotel" means any building or buildings maintained, | ||
advertised, and held out to the public to be a place where | ||
lodging is offered for consideration to travelers and guests. | ||
"Hotel" includes an inn, motel, tourist home or court, and | ||
lodging house. | ||
"Hotel employer" means any person, business entity, or | ||
organization that operates a hotel and either directly employs | ||
or through a subcontractor, including through the services of a | ||
temporary staffing agency, exercises direction and control | ||
over any natural person who is working on the hotel premises | ||
and employed in furtherance of the hotel's provision of lodging | ||
to travelers and guests. |
"Notification device" or "safety device" means a portable | ||
emergency contact device, supplied by the hotel employer or | ||
casino employer, that utilizes technology that the hotel | ||
employer or casino employer deems appropriate for the hotel's | ||
or casino's size, physical layout, and technological | ||
capabilities and that is designed so that an employee can | ||
quickly and easily activate the device to alert a hotel or | ||
casino security officer, manager, or other appropriate hotel or | ||
casino staff member designated by the hotel or casino and | ||
effectively summon to the employee's location prompt | ||
assistance by a hotel or casino security officer, manager, or | ||
other appropriate hotel or casino staff member designated by | ||
the hotel or casino. | ||
"Offending guest" means a guest a complaining employee has | ||
alleged sexually assaulted or sexually harassed the | ||
complaining employee. | ||
"Restroom" means any room equipped with toilets or urinals. | ||
"Sexual assault" means: (1) an act of sexual conduct, as | ||
defined in Section 11-0.1 of the Criminal Code of 2012; or (2) | ||
any act of sexual penetration, as defined in Section 11-0.1 of | ||
the Criminal Code of 2012 and includes, without limitation, | ||
acts prohibited under Sections 11-1.20 through 11-1.60 of the | ||
Criminal Code of 2012. | ||
"Sexual harassment" means any harassment or discrimination
| ||
on the basis of an individual's actual or perceived sex or | ||
gender, including unwelcome sexual advances, requests for |
sexual favors, or other verbal or physical conduct of a sexual | ||
nature.
| ||
Section 5-10. Hotels and casinos; safety devices; | ||
anti-sexual harassment policies. | ||
(a) Each hotel and casino shall equip an employee who is | ||
assigned to work in a guest room, restroom, or casino floor, | ||
under circumstances where no other employee is present in the | ||
room or area, with a safety device or notification device. The | ||
employee may use the safety device or notification device to | ||
summon help if the employee reasonably believes that an ongoing | ||
crime, sexual harassment, sexual assault, or other emergency is | ||
occurring in the employee's presence. The safety device or | ||
notification device shall be provided by the hotel or casino at | ||
no cost to the employee. | ||
(b) Each hotel employer and casino employer shall develop, | ||
maintain, and comply with a written anti-sexual harassment | ||
policy to protect employees against sexual assault and sexual | ||
harassment by guests. This policy shall: | ||
(1) encourage an employee to immediately report to the | ||
hotel employer or casino employer any instance of alleged | ||
sexual assault or sexual harassment by a guest; | ||
(2) describe the procedures that the complaining | ||
employee and hotel employer or casino employer shall follow | ||
in cases under paragraph (1); | ||
(3) instruct the complaining employee to cease work and |
to leave the immediate area where danger is perceived until | ||
hotel or casino security personnel or police arrive to | ||
provide assistance; | ||
(4) offer temporary work assignments to the | ||
complaining employee during the duration of the offending | ||
guest's stay at the hotel or casino, which may include | ||
assigning the complaining employee to work on a different | ||
floor or at a different station or work area away from the | ||
offending guest; | ||
(5) provide the complaining employee with necessary | ||
paid time off to: | ||
(A) file a police report or criminal complaint with | ||
the appropriate local authorities against the | ||
offending guest; and | ||
(B) if so required, testify as a witness at any | ||
legal proceeding that may ensue as a result of the | ||
criminal complaint filed against the offending guest, | ||
if the complaining employee is still in the employ of | ||
the hotel or casino at the time the legal proceeding | ||
occurs; | ||
(6) inform the complaining employee that the Illinois | ||
Human Rights Act and Title VII of the Civil Rights Act of | ||
1964 provide additional protections against sexual | ||
harassment in the workplace; and | ||
(7) inform the complaining employee that Section 15 | ||
makes it illegal for an employer to retaliate against any |
employee who: reasonably uses a safety device or | ||
notification device; in good faith avails himself or | ||
herself of the requirements set forth in paragraph (3), | ||
(4), or (5); or discloses, reports, or testifies about any | ||
violation of this Act or rules adopted under this Act. | ||
Each hotel employer and casino employer shall provide all | ||
employees with a current copy in English and Spanish of the | ||
hotel employer's or casino employer's anti-sexual harassment | ||
policy and post the policy in English and Spanish in | ||
conspicuous places in areas of the hotel or casino, such as | ||
supply rooms or employee lunch rooms, where employees can | ||
reasonably be expected to see it. Each hotel employer and | ||
casino employer shall also make all reasonable efforts to | ||
provide employees with a current copy of its written | ||
anti-sexual harassment policy in any language other than | ||
English and Spanish that, in its sole discretion, is spoken by | ||
a predominant portion of its employees.
| ||
Section 5-15. Retaliation prohibited. It is unlawful for a | ||
hotel employer or casino employer to retaliate against an | ||
employee for: | ||
(1) reasonably using a safety device or notification | ||
device; | ||
(2) availing himself or herself of the provisions of | ||
paragraph (3), (4), or (5) of subsection (b) of Section 10; | ||
or |
(3) disclosing, reporting, or testifying about any | ||
violation of this Act or any rule adopted under this Act. | ||
Section 5-20. Violations. An employee or representative of | ||
employees claiming a violation of this Act may bring an action | ||
against the hotel employer or casino employer in the circuit | ||
court of the county in which the hotel or casino is located and | ||
is entitled to all remedies available under the law or in | ||
equity appropriate to remedy any such violation, including, but | ||
not limited to, injunctive relief or other equitable relief | ||
including reinstatement and compensatory damages. Before a | ||
representative of employees may bring a claim under this Act, | ||
the representative must first notify the hotel employer or | ||
casino employer in writing of the alleged violation under this | ||
Act and allow the hotel employer or casino employer 15 calendar | ||
days to remedy the alleged violation. An employee or | ||
representative of employees that successfully brings a claim | ||
under this Act shall be awarded reasonable attorney's fees and | ||
costs. An award of economic damages shall not exceed $350 for | ||
each violation. Each day that a violation continues constitutes | ||
a separate violation. | ||
Article 6. | ||
Section 6-5. The Illinois Governmental Ethics Act is | ||
amended by changing Sections 4A-101, 4A-102, 4A-105, 4A-106, |
4A-107, and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5 | ||
as follows: | ||
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | ||
Sec. 4A-101. Persons required to file with the Secretary of | ||
State . The following persons shall file
verified written | ||
statements of economic interests with the Secretary of State , | ||
as provided in this Article:
| ||
(a) Members of the General Assembly and candidates for | ||
nomination or
election to the General Assembly.
| ||
(b) Persons holding an elected office in the Executive | ||
Branch of this
State, and candidates for nomination or | ||
election to these offices.
| ||
(c) Members of a Commission or Board created by the | ||
Illinois Constitution,
and candidates for nomination or | ||
election to such Commission or Board.
| ||
(d) Persons whose appointment to office is subject to | ||
confirmation by
the Senate and persons appointed by the | ||
Governor to any other position on a board or commission | ||
described in subsection (a) of Section 15 of the | ||
Gubernatorial Boards and Commissions Act.
| ||
(e) Holders of, and candidates for nomination or | ||
election to, the office
of judge or associate judge of the | ||
Circuit Court and the office of judge of
the Appellate or | ||
Supreme Court.
| ||
(f) Persons who are employed by any branch, agency, |
authority or board
of the government of this State, | ||
including but not limited to, the Illinois
State Toll | ||
Highway Authority, the Illinois Housing Development | ||
Authority,
the Illinois Community College Board, and | ||
institutions under the
jurisdiction of the Board of | ||
Trustees
of the University of Illinois, Board of Trustees | ||
of Southern Illinois
University, Board of Trustees of | ||
Chicago State University,
Board of Trustees of Eastern | ||
Illinois University, Board of Trustees of Governors
| ||
Governor's State University, Board of Trustees of Illinois | ||
State University,
Board of Trustees of Northeastern | ||
Illinois University, Board of Trustees of
Northern | ||
Illinois University, Board of Trustees of Western Illinois
| ||
University, or Board of Trustees of the Illinois | ||
Mathematics and Science
Academy, and are compensated for | ||
services as employees and not as
independent contractors | ||
and who:
| ||
(1) are, or function as, the head of a department, | ||
commission, board,
division, bureau, authority or | ||
other administrative unit within the
government of | ||
this State, or who exercise similar authority within | ||
the
government of this State;
| ||
(2) have direct supervisory authority over, or | ||
direct responsibility for
the formulation, | ||
negotiation, issuance or execution of contracts | ||
entered into
by the State in the amount of $5,000 or |
more;
| ||
(3) have authority for the issuance or | ||
promulgation of rules and
regulations within areas | ||
under the authority of the State;
| ||
(4) have authority for the approval of | ||
professional licenses;
| ||
(5) have responsibility with respect to the | ||
financial inspection
of regulated nongovernmental | ||
entities;
| ||
(6) adjudicate, arbitrate, or decide any judicial | ||
or administrative
proceeding, or review the | ||
adjudication, arbitration or decision of any judicial
| ||
or administrative proceeding within the authority of | ||
the State;
| ||
(7) have supervisory responsibility for 20 or more | ||
employees of the
State;
| ||
(8) negotiate, assign, authorize, or grant naming | ||
rights or sponsorship rights regarding any property or | ||
asset of the State, whether real, personal, tangible, | ||
or intangible; or
| ||
(9) have responsibility with respect to the | ||
procurement of goods or services. | ||
(f-5) Members of the board of commissioners of any | ||
flood prevention district created under the Flood | ||
Prevention District Act or the Beardstown Regional Flood | ||
Prevention District Act. |
(g) (Blank). Persons who are elected to office in a | ||
unit of local government,
and candidates for nomination or | ||
election to that office, including regional
| ||
superintendents of school districts.
| ||
(h) (Blank). Persons appointed to the governing board | ||
of a unit of local
government, or of a special district, | ||
and persons appointed to a zoning
board, or zoning board of | ||
appeals, or to a regional, county, or municipal
plan | ||
commission, or to a board of review of any county, and | ||
persons
appointed to the Board of the Metropolitan Pier and | ||
Exposition Authority
and any Trustee appointed under | ||
Section 22 of the Metropolitan Pier and
Exposition | ||
Authority Act, and persons appointed to a board or | ||
commission of
a unit of local government who have authority | ||
to authorize the expenditure of
public funds. This | ||
subsection does not apply to members of boards or
| ||
commissions who function in an advisory capacity.
| ||
(i) (Blank). Persons who are employed by a unit of | ||
local government and are
compensated for services as | ||
employees and not as independent contractors and
who:
| ||
(1) are, or function as, the head of a department, | ||
division, bureau,
authority or other administrative | ||
unit within the unit of local
government, or who | ||
exercise similar authority within the unit of local
| ||
government;
| ||
(2) have direct supervisory authority over, or |
direct responsibility for
the formulation, | ||
negotiation, issuance or execution of contracts | ||
entered into
by the unit of local government in the | ||
amount of $1,000 or greater;
| ||
(3) have authority to approve licenses
and permits | ||
by the unit of local government; this item does not | ||
include
employees who function in a ministerial | ||
capacity;
| ||
(4) adjudicate, arbitrate, or decide any judicial | ||
or administrative
proceeding, or review the | ||
adjudication, arbitration or decision of any judicial
| ||
or administrative proceeding within the authority of | ||
the unit of local
government;
| ||
(5) have authority to issue or promulgate rules and | ||
regulations within
areas under the authority of the | ||
unit of local government; or
| ||
(6) have supervisory responsibility for 20 or more | ||
employees of the
unit of local government.
| ||
(j) Persons on the Board of Trustees of the Illinois | ||
Mathematics and
Science Academy.
| ||
(k) (Blank). Persons employed by a school district in | ||
positions that
require that
person to hold an | ||
administrative or a chief school business official
| ||
endorsement.
| ||
(l) Special government agents. A "special government | ||
agent" is a
person who is directed, retained, designated, |
appointed, or
employed, with or without compensation, by or | ||
on behalf of a
statewide executive branch constitutional | ||
officer to make an ex
parte communication under Section | ||
5-50 of the State Officials and
Employees Ethics Act or | ||
Section 5-165 of the Illinois
Administrative Procedure | ||
Act.
| ||
(m) (Blank). Members of the board of commissioners of | ||
any flood prevention district created under the Flood | ||
Prevention District Act or the Beardstown Regional Flood | ||
Prevention District Act. | ||
(n) Members of the board of any retirement system or | ||
investment board established under the Illinois Pension | ||
Code, if not required to file under any other provision of | ||
this Section. | ||
(o) (Blank). Members of the board of any pension fund | ||
established under the Illinois Pension Code, if not | ||
required to file under any other provision of this Section. | ||
(p) Members of the investment advisory panel created | ||
under Section 20 of the Illinois Prepaid Tuition Act. | ||
This Section shall not be construed to prevent any unit of | ||
local government
from enacting financial disclosure | ||
requirements that mandate
more information
than required by | ||
this Act.
| ||
(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, | ||
eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; | ||
97-754, eff. 7-6-12; revised 10-10-18.)
|
(5 ILCS 420/4A-101.5 new) | ||
Sec. 4A-101.5. Persons required to file with the county | ||
clerk. The following persons shall file verified written | ||
statements of economic interests with the county clerk, as | ||
provided in this Article: | ||
(a) Persons who are elected to office in a unit of local | ||
government, and candidates for nomination or election to that | ||
office, including regional superintendents of school | ||
districts. | ||
(b) Persons appointed to the governing board of a unit of | ||
local government, or of a special district, and persons | ||
appointed to a zoning board, or zoning board of appeals, or to | ||
a regional, county, or municipal plan commission, or to a board | ||
of review of any county, and persons appointed to the Board of | ||
the Metropolitan Pier and Exposition Authority and any Trustee | ||
appointed under Section 22 of the Metropolitan Pier and | ||
Exposition Authority Act, and persons appointed to a board or | ||
commission of a unit of local government who have authority to | ||
authorize the expenditure of public funds. This subsection (b) | ||
does not apply to members of boards or commissions who function | ||
in an advisory capacity. | ||
(c) Persons who are employed by a unit of local government | ||
and are compensated for services as employees and not as | ||
independent contractors, and who: | ||
(1) are, or function as, the head of a department, |
division, bureau, authority, or other administrative unit | ||
within the unit of local government, or who exercise | ||
similar authority within the unit of local government; | ||
(2) have direct supervisory authority over, or direct | ||
responsibility for the formulation, negotiation, issuance, | ||
or execution of contracts entered into by the unit of local | ||
government in the amount of $1,000 or greater; | ||
(3) have authority to approve licenses and permits by | ||
the unit of local government, but not including employees | ||
who function in a ministerial capacity; | ||
(4) adjudicate, arbitrate, or decide any judicial or | ||
administrative proceeding, or review the adjudication, | ||
arbitration, or decision of any judicial or administrative | ||
proceeding within the authority of the unit of local | ||
government; | ||
(5) have authority to issue or adopt rules and | ||
regulations within areas under the authority of the unit of | ||
local government; or | ||
(6) have supervisory responsibility for 20 or more | ||
employees of the unit of local government. | ||
(d) Persons employed by a school district in positions that | ||
require that person to hold an administrative or a chief school | ||
business official endorsement. | ||
(e) Members of the board of any pension fund established | ||
under the Illinois Pension Code, if not required to file under | ||
any other provision of this Section. |
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
| ||
Sec. 4A-102. The statement of economic interests required | ||
by this Article
shall include the economic interests of the | ||
person making the statement as
provided in this Section. The | ||
interest (if constructively controlled by the
person making the | ||
statement) of a spouse or any other party, shall be
considered | ||
to be the same as the interest of the person making the
| ||
statement. Campaign receipts shall not be included in this | ||
statement.
| ||
(a) The following interests shall be listed by all | ||
persons required to
file:
| ||
(1) The name, address and type of practice of any | ||
professional
organization or individual professional | ||
practice in which the person making
the statement was | ||
an officer, director, associate, partner or | ||
proprietor,
or served in any advisory capacity, from | ||
which income in excess of $1200
was derived during the | ||
preceding calendar year;
| ||
(2) The nature of professional services (other | ||
than services rendered to
the unit or units of | ||
government in relation to which the person is required
| ||
to file)
and the nature of the entity to which they | ||
were rendered if fees exceeding
$5,000 were received | ||
during the preceding calendar year from the entity for
| ||
professional services rendered by the person making |
the statement.
| ||
(3) The identity (including the address or legal | ||
description of real
estate) of any capital asset from | ||
which a capital gain of $5,000 or more
was realized in | ||
the preceding calendar year.
| ||
(4) The name of any unit of government which has | ||
employed the person
making the statement during the | ||
preceding calendar year other than the unit
or units of | ||
government in relation to which the person is required | ||
to file.
| ||
(5) The name of any entity from which a gift or | ||
gifts, or honorarium or
honoraria, valued singly or in | ||
the aggregate in excess of $500, was
received during | ||
the preceding calendar year.
| ||
(b) The following interests shall also be listed by | ||
persons listed in
items (a) through (f), item (l), item | ||
(n), and item (p) of Section 4A-101:
| ||
(1) The name and instrument of ownership in any | ||
entity doing business in
the State of Illinois, in | ||
which an ownership interest held by the person at
the | ||
date of filing is in excess of $5,000 fair market value | ||
or from which
dividends of in excess of $1,200 were | ||
derived during the preceding calendar
year. (In the | ||
case of real estate, location thereof shall be listed | ||
by
street address, or if none, then by legal | ||
description). No time or demand
deposit in a financial |
institution, nor any debt instrument need be listed;
| ||
(2) Except for professional service entities, the | ||
name of any entity and
any position held therein from | ||
which income of in excess of $1,200 was
derived during | ||
the preceding calendar year, if the entity does | ||
business in
the State of Illinois. No time or demand | ||
deposit in a financial
institution, nor any debt | ||
instrument need be listed.
| ||
(3) The identity of any compensated lobbyist with | ||
whom the person making
the statement maintains a close | ||
economic association, including the name of
the | ||
lobbyist and specifying the legislative matter or | ||
matters which are the
object of the lobbying activity, | ||
and describing the general type of
economic activity of | ||
the client or principal on whose behalf that person is
| ||
lobbying.
| ||
(c) The following interests shall also be listed by | ||
persons listed in
items (a) through (c) and item (e) (g), | ||
(h), (i), and (o) of Section 4A-101.5 4A-101 :
| ||
(1) The name and instrument of ownership in any | ||
entity doing business
with a unit of local government | ||
in relation to which the person is
required to file if | ||
the ownership interest of the person filing is greater
| ||
than $5,000 fair market value as of the date of filing | ||
or if dividends in
excess of $1,200 were received from | ||
the entity during the preceding
calendar year. (In the |
case of real estate, location thereof shall be
listed | ||
by street address, or if none, then by legal | ||
description). No time
or demand deposit in a financial | ||
institution, nor any debt instrument need
be listed.
| ||
(2) Except for professional service entities, the | ||
name of any entity and
any position held therein from | ||
which income in excess of $1,200 was derived
during the | ||
preceding calendar year if the entity does business | ||
with a
unit of local government in relation to which | ||
the person is required to
file. No time or demand | ||
deposit in a financial institution, nor any debt
| ||
instrument need be listed.
| ||
(3) The name of any entity and the nature of the | ||
governmental action
requested by any entity which has | ||
applied to a unit of local
government
in relation to | ||
which the person must file for any license, franchise | ||
or
permit for annexation, zoning or rezoning of real | ||
estate during the
preceding calendar year if the | ||
ownership interest of the person filing is
in excess of | ||
$5,000 fair market value at the time of filing or if | ||
income or
dividends in excess of $1,200 were received | ||
by the person filing from the
entity during the | ||
preceding calendar year.
| ||
For the purposes of this Section, the unit of local | ||
government in relation to which a person required to file under | ||
item (e) (o) of Section 4A-101.5 4A-101 shall be the unit of |
local government that contributes to the pension fund of which | ||
such person is a member of the board. | ||
(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
| ||
(5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)
| ||
Sec. 4A-105. Time for filing. Except as provided in | ||
Section 4A-106.1, by
May 1 of each year a statement must be | ||
filed by each person
whose position at that time subjects him | ||
to the filing requirements of Section
4A-101 or 4A-101.5 unless | ||
he has already filed a statement in relation to the same unit | ||
of
government in that calendar year.
| ||
Statements must also be filed as follows:
| ||
(a) A candidate for elective office shall file his | ||
statement not later
than the end of the period during which | ||
he can take the action necessary
under the laws of this | ||
State to attempt to qualify for nomination, election, or
| ||
retention to such office if he has not filed a statement in | ||
relation to the
same unit of government within a year | ||
preceding such action.
| ||
(b) A person whose appointment to office is subject to | ||
confirmation by
the Senate shall file his statement at the | ||
time his name is submitted to
the Senate for confirmation.
| ||
(b-5) A special government agent, as defined in
item | ||
(1) of Section 4A-101 of this Act, shall file a statement | ||
within 30 days
after
making the first ex parte | ||
communication and each May 1 thereafter if he or she
has |
made an ex parte communication within the previous 12 | ||
months.
| ||
(c) Any other person required by this Article to file | ||
the statement
shall file a statement at the time of his or | ||
her initial appointment or
employment in relation to that | ||
unit of government if appointed or employed by
May 1.
| ||
If any person who is required to file a statement of | ||
economic interests
fails to file such statement by May 1 of any | ||
year, the officer with whom
such statement is to be filed under | ||
Section 4A-106 or 4A-106.5 of this Act shall,
within 7 days | ||
after May 1, notify such person by certified mail of his or
her | ||
failure to file by the specified date. Except as may be | ||
prescribed by
rule of the Secretary of State, such person shall | ||
file his or
her statement of economic interests on or before | ||
May 15 with the
appropriate officer, together with a $15 late | ||
filing fee. Any such person
who fails to file by May 15 shall | ||
be subject to a penalty of $100 for each
day from May 16 to the | ||
date of filing, which shall be in addition to the $15
late | ||
filing fee specified above. Failure to file by May 31 shall | ||
result in a
forfeiture in accordance with Section 4A-107 of | ||
this Act.
| ||
Any person who takes office or otherwise becomes required | ||
to file a
statement of economic interests within 30 days prior | ||
to May 1 of any year
may file his or her statement at any time | ||
on or before May 31 without
penalty. If such person fails to | ||
file such statement by May 31, the
officer with whom such |
statement is to be filed under Section 4A-106 or 4A-106.5 of
| ||
this Act shall, within 7 days after May 31, notify such person | ||
by certified
mail of his or her failure to file by the | ||
specified date. Such person
shall file his or her statement of | ||
economic interests on or before June 15 with
the appropriate | ||
officer, together with a $15 late filing fee. Any such
person | ||
who fails to file by June 15 shall be subject to a penalty of | ||
$100
per day for each day from June 16 to the date of filing, | ||
which shall be in
addition to the $15 late filing fee specified | ||
above. Failure to file by June
30 shall result in a forfeiture | ||
in accordance with Section 4A-107 of this Act.
| ||
All late filing fees and penalties collected pursuant to | ||
this Section
shall be paid into the General Revenue Fund in the | ||
State treasury, if the
Secretary of State receives such | ||
statement for filing, or into the general
fund in the county | ||
treasury, if the county clerk receives such statement
for | ||
filing. The Attorney General, with respect to the State, and | ||
the
several State's Attorneys, with respect to counties, shall | ||
take appropriate
action to collect the prescribed penalties.
| ||
Failure to file a statement of economic interests within | ||
the time
prescribed shall not result in a fine or ineligibility | ||
for, or forfeiture of,
office or position of employment, as the | ||
case may be; provided that the failure
to file results from not | ||
being included for notification by the appropriate
agency, | ||
clerk, secretary, officer or unit of government, as the case | ||
may be,
and that a statement is filed within 30 days of actual |
notice of the failure to
file.
| ||
Beginning with statements required to be filed on or after | ||
May 1, 2009, the officer with whom a statement is to be filed | ||
may, in his or her discretion, waive the late filing fee, the | ||
monetary late filing penalty, and the ineligibility for or | ||
forfeiture of office or position for failure to file when the | ||
person's late filing of a statement or failure to file a | ||
statement is due to his or her (i) serious or catastrophic | ||
illness that renders the person temporarily incapable of | ||
completing the statement or (ii) military service. | ||
(Source: P.A. 96-550, eff. 8-17-09.)
| ||
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
| ||
Sec. 4A-106. Persons filing statements with Secretary of | ||
State; notice; certification of list of names; alphabetical | ||
list; receipt; examination and copying of statements. The | ||
statements of economic interests required of persons
listed in | ||
items (a) through (f), item (j), item (l), item (n), and item | ||
(p) of
Section 4A-101 shall be
filed with the Secretary of | ||
State. The statements of economic interests
required of persons | ||
listed in items (g), (h), (i), (k), and (o) of
Section
4A-101 | ||
shall be filed with the county clerk of the county in which the
| ||
principal office of the unit of local government with which the | ||
person is
associated is located. If it is not apparent which | ||
county the principal office
of a unit of local government is | ||
located, the chief administrative officer, or
his or her |
designee, has the authority, for purposes of this Act, to | ||
determine
the county in which the principal office is located. | ||
On or before February 1
annually, (1) the chief administrative | ||
officer of any State agency in the
executive, legislative, or | ||
judicial branch employing persons required to file
under item | ||
(f) or item (l) of Section
4A-101 and the chief administrative | ||
officer of a board or panel described in item (n) or (p) of | ||
Section 4A-101 shall certify to the Secretary of State the | ||
names and mailing addresses
of those persons , and (2) the chief | ||
administrative officer, or his or her
designee, of each unit of | ||
local government with persons described in items (h),
(i) and | ||
(k) and a board described in item (o) of Section 4A-101 shall | ||
certify to the appropriate county clerk a
list of names and | ||
addresses of persons described in items (h), (i),
(k), and (o) | ||
of
Section 4A-101 that are required to file . In preparing the | ||
lists, each chief
administrative officer, or his or her | ||
designee, shall set out the names in
alphabetical order.
| ||
On or before April 1 annually, the Secretary of State shall | ||
notify (1)
all persons whose names have been certified to him | ||
under items (f),
(l), (n), and (p) of
Section 4A-101, and (2) | ||
all persons described in items (a) through (e) and
item (j) of | ||
Section 4A-101, other than candidates for office who have filed
| ||
their statements with their nominating petitions, of the | ||
requirements for
filing statements of economic interests.
A | ||
person required to file with the Secretary of State by virtue | ||
of more than
one position as listed in Section 4A-101, and |
filing his or her statement of economic interests in writing, | ||
rather than through the Internet-based system, item among items | ||
(a) through (f) and items (j), (l), (n), and (p)
shall be | ||
notified of and is
required
to file only one statement of | ||
economic interests relating to all items under
which the person | ||
is required to file with the Secretary of State.
| ||
On or before April 1 annually, the county clerk of each | ||
county shall
notify all persons whose names have been certified | ||
to him under items (g),
(h), (i), (k), and (o) of Section | ||
4A-101, other than candidates
for office who have filed their | ||
statements with their nominating petitions, of
the | ||
requirements for filing statements of economic interests.
A | ||
person required to file with a county clerk by virtue of more | ||
than one item
among items (g), (h), (i), (k), and (o) shall be | ||
notified of and is
required to
file only one statement of | ||
economic interests relating to all items under which
the person | ||
is required to file with that county clerk.
| ||
Except as provided in Section 4A-106.1, the notices | ||
provided for in this
Section shall be in writing and deposited | ||
in
the U.S. Mail, properly addressed, first class postage | ||
prepaid, on or before
the day required by this Section for the | ||
sending of the notice. Alternatively, a county clerk may send | ||
the notices electronically to all persons whose names have been | ||
thus certified to him under item (h), (i), or (k) of Section | ||
4A-101. A certificate
executed by the Secretary of State or | ||
county clerk attesting that he or she has sent
the notice by |
the means permitted by this Section constitutes prima facie | ||
evidence thereof.
| ||
From the lists certified to him under this Section of | ||
persons described in
items (g), (h), (i), (k), and (o) of | ||
Section 4A-101, the clerk
of each county shall
compile an | ||
alphabetical listing of persons required to file statements of
| ||
economic interests in his office under any of those items. As | ||
the
statements are filed in his office, the county clerk shall | ||
cause the fact
of that filing to be indicated on the | ||
alphabetical listing of persons who
are required to file | ||
statements. Within 30 days after the due dates, the county
| ||
clerk shall mail to the State Board of Elections a true copy of | ||
that listing
showing those who have filed statements.
| ||
The county clerk of each county shall note upon the | ||
alphabetical listing
the names of all persons required to file | ||
a statement of economic interests
who failed to file a | ||
statement on or before May 1. It shall be the duty of
the | ||
several county clerks to give notice as provided in Section | ||
4A-105 to
any person who has failed to file his or her | ||
statement with the clerk on or
before May 1.
| ||
Any person who files or has filed a statement of economic | ||
interest
under this Section Act is entitled to receive from the | ||
Secretary of State or county
clerk, as the case may be, a | ||
receipt indicating that the person has filed
such a statement, | ||
the date of such filing, and the identity of the
governmental | ||
unit or units in relation to which the filing is required.
|
The Secretary of State may employ such employees and | ||
consultants
as he considers necessary to carry out his duties | ||
hereunder, and may
prescribe their duties, fix their | ||
compensation, and provide for
reimbursement of their expenses.
| ||
All statements of economic interests filed under this | ||
Section shall be
available for examination and copying by the | ||
public at all reasonable times.
Not later than 12 months after | ||
the effective date of this amendatory Act of
the 93rd General | ||
Assembly, beginning with statements filed in calendar year
| ||
2004, the Secretary of State shall make statements of economic | ||
interests filed
with the Secretary available for inspection and | ||
copying via the Secretary's
website.
| ||
(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754, | ||
eff. 7-6-12.)
| ||
(5 ILCS 420/4A-106.5 new) | ||
Sec. 4A-106.5. Persons filing statements with county | ||
clerk; notice; certification of list of names; alphabetical | ||
list; receipt; examination and copying of statements. The | ||
statements of economic interests required of persons listed in | ||
Section 4A-101.5 shall be filed with the county clerk of the | ||
county in which the principal office of the unit of local | ||
government with which the person is associated is located. If | ||
it is not apparent which county the principal office of a unit | ||
of local government is located, the chief administrative | ||
officer, or his or her designee, has the authority, for |
purposes of this Act, to determine the county in which the | ||
principal office is located. The chief administrative officer, | ||
or his or her designee, of each unit of local government with | ||
persons described in Section 4A-101.5 shall certify to the | ||
appropriate county clerk a list of names and addresses of | ||
persons that are required to file. In preparing the lists, each | ||
chief administrative officer, or his or her designee, shall set | ||
out the names in alphabetical order. | ||
On or before April 1 annually, the county clerk of each | ||
county shall notify all persons whose names have been certified | ||
to him under Section 4A-101.5, other than candidates for office | ||
who have filed their statements with their nominating | ||
petitions, of the requirements for filing statements of | ||
economic interests. A person required to file with a county | ||
clerk by virtue of more than one item among items set forth in | ||
Section 4A-101.5 shall be notified of and is required to file | ||
only one statement of economic interests relating to all items | ||
under which the person is required to file with that county | ||
clerk. | ||
Except as provided in Section 4A-106.1, the notices | ||
provided for in this Section shall be in writing and deposited | ||
in the U.S. Mail, properly addressed, first class postage | ||
prepaid, on or before the day required by this Section for the | ||
sending of the notice. Alternatively, a county clerk may send | ||
the notices electronically to all persons whose names have been | ||
thus certified to him. A certificate executed by a county clerk |
attesting that he or she has sent the notice by the means | ||
permitted by this Section constitutes prima facie evidence | ||
thereof. | ||
From the lists certified to him or her under this Section | ||
of persons described in Section 4A-101.5, the clerk of each | ||
county shall compile an alphabetical listing of persons | ||
required to file statements of economic interests in his or her | ||
office under any of those items. As the statements are filed in | ||
his or her office, the county clerk shall cause the fact of | ||
that filing to be indicated on the alphabetical listing of | ||
persons who are required to file statements. Within 30 days | ||
after the due dates, the county clerk shall mail to the State | ||
Board of Elections a true copy of that listing showing those | ||
who have filed statements. | ||
The county clerk of each county shall note upon the | ||
alphabetical listing the names of all persons required to file | ||
a statement of economic interests who failed to file a | ||
statement on or before May 1. It shall be the duty of the | ||
several county clerks to give notice as provided in Section | ||
4A-105 to any person who has failed to file his or her | ||
statement with the clerk on or before May 1. | ||
Any person who files or has filed a statement of economic | ||
interest under this Section is entitled to receive from the | ||
county clerk a receipt indicating that the person has filed | ||
such a statement, the date of filing, and the identity of the | ||
governmental unit or units in relation to which the filing is |
required. | ||
All statements of economic interests filed under this | ||
Section shall be available for examination and copying by the | ||
public at all reasonable times. | ||
(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
| ||
Sec. 4A-107. Any person required to file a statement of | ||
economic interests
under this Article who willfully files a | ||
false or incomplete statement shall be
guilty of a Class A | ||
misdemeanor.
| ||
Except when the fees and penalties for late filing have | ||
been waived under Section 4A-105, failure to file a statement | ||
within the time prescribed shall result in
ineligibility for, | ||
or forfeiture of, office or position of employment, as
the case | ||
may be; provided, however, that if the notice of failure to
| ||
file a statement of economic interests provided in Section | ||
4A-105 of this
Act is not given by the Secretary of State or | ||
the county clerk, as the case
may be, no forfeiture shall | ||
result if a statement is filed within 30 days
of actual notice | ||
of the failure to file. The Secretary of State shall provide | ||
the Attorney General with the names of persons who failed to | ||
file a statement. The county clerk shall provide the State's | ||
Attorney of the county of the entity for which the filing of | ||
statement of economic interest is required with the name of | ||
persons who failed to file a statement.
| ||
The Attorney General, with respect to offices or positions |
described in
items (a) through (f) and items (j), (l), (n), and | ||
(p) of Section 4A-101 of this
Act, or the State's
Attorney of | ||
the county of the entity for which the filing of statements of
| ||
economic interests is required, with respect to offices or | ||
positions
described in items (a) through (e) (g) through (i), | ||
item (k), and item (o) of
Section 4A-101.5
4A-101 of this Act ,
| ||
shall bring an action in quo warranto against any person who | ||
has failed to file
by either May 31 or June 30 of any given year | ||
and for whom the fees and penalties for late filing have not | ||
been waived under Section 4A-105.
| ||
(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000, | ||
eff. 7-2-10; 97-754, eff. 7-6-12.)
| ||
(5 ILCS 420/4A-108) | ||
Sec. 4A-108. Internet-based systems of filing. | ||
(a) Notwithstanding any other provision of this Act or any | ||
other law, the Secretary of State and county clerks are | ||
authorized to institute an Internet-based system for the filing | ||
of statements of economic interests in their offices. With | ||
respect to county clerk systems, the determination to institute | ||
such a system shall be in the sole discretion of the county | ||
clerk and shall meet the requirements set out in this Section. | ||
With respect to a Secretary of State system, the determination | ||
to institute such a system shall be in the sole discretion of | ||
the Secretary of State and shall meet the requirements set out | ||
in this Section and those Sections of the State Officials and |
Employees Ethics Act requiring ethics officer review prior to | ||
filing. The system shall be capable of allowing an ethics | ||
officer to approve a statement of economic interests and shall | ||
include a means to amend a statement of economic interests. | ||
When this Section does not modify or remove the requirements | ||
set forth elsewhere in this Article, those requirements shall | ||
apply to any system of Internet-based filing authorized by this | ||
Section. When this Section does modify or remove the | ||
requirements set forth elsewhere in this Article, the | ||
provisions of this Section shall apply to any system of | ||
Internet-based filing authorized by this Section. | ||
(b) In any system of Internet-based filing of statements of | ||
economic interests instituted by the Secretary of State or a | ||
county clerk: | ||
(1) Any filing of an Internet-based statement of | ||
economic interests shall be the equivalent of the filing of | ||
a verified, written statement of economic interests as | ||
required by Section 4A-101 or 4A-101.5 and the equivalent | ||
of the filing of a verified, dated, and signed statement of | ||
economic interests as required by Section 4A-104. | ||
(2) The Secretary of State and county clerks who | ||
institute a system of Internet-based filing of statements | ||
of economic interests shall establish a password-protected | ||
website to receive the filings of such statements. A | ||
website established under this Section shall set forth and | ||
provide a means of responding to the items set forth in |
Section 4A-102 that are required of a person who files a | ||
statement of economic interests with that officer. A | ||
website established under this Section shall set forth and | ||
provide a means of generating a printable receipt page | ||
acknowledging filing. | ||
(3) The times for the filing of statements of economic | ||
interests set forth in Section 4A-105 shall be followed in | ||
any system of Internet-based filing of statements of | ||
economic interests; provided that a candidate for elective | ||
office who is required to file a statement of economic | ||
interests in relation to his or her candidacy pursuant to | ||
Section 4A-105(a) shall receive a written or printed | ||
receipt for his or her filing. | ||
A candidate filing for Governor, Lieutenant Governor, | ||
Attorney General, Secretary of State, Treasurer, | ||
Comptroller, State Senate, or State House of | ||
Representatives shall not use the Internet to file his or | ||
her statement of economic interests, but shall file his or | ||
her statement of economic interests in a written or printed | ||
form and shall receive a written or printed receipt for his | ||
or her filing. Annually, the duly appointed ethics officer | ||
for each legislative caucus shall certify to the Secretary | ||
of State whether his or her caucus members will file their | ||
statements of economic interests electronically or in a | ||
written or printed format for that year. If the ethics | ||
officer for a caucus certifies that the statements of |
economic interests shall be written or printed, then | ||
members of the General Assembly of that caucus shall not | ||
use the Internet to file his or her statement of economic | ||
interests, but shall file his or her statement of economic | ||
interests in a written or printed form and shall receive a | ||
written or printed receipt for his or her filing. If no | ||
certification is made by an ethics officer for a | ||
legislative caucus, or if a member of the General Assembly | ||
is not affiliated with a legislative caucus, then the | ||
affected member or members of the General Assembly may file | ||
their statements of economic interests using the Internet. | ||
(4) In the first year of the implementation of a system | ||
of Internet-based filing of statements of economic | ||
interests, each person required to file such a statement is | ||
to be notified in writing of his or her obligation to file | ||
his or her statement of economic interests by way of the | ||
Internet-based system. If access to the web site requires a | ||
code or password, this information shall be included in the | ||
notice prescribed by this paragraph. | ||
(5) When a person required to file a statement of | ||
economic interests has supplied the Secretary of State or a | ||
county clerk, as applicable, with an email address for the | ||
purpose of receiving notices under this Article by email, a | ||
notice sent by email to the supplied email address shall be | ||
the equivalent of a notice sent by first class mail, as set | ||
forth in Section 4A-106 or 4A-106.5 . A person who has |
supplied such an email address shall notify the Secretary | ||
of State or county clerk, as applicable, when his or her | ||
email address changes or if he or she no longer wishes to | ||
receive notices by email. | ||
(6) If any person who is required to file a statement | ||
of economic interests and who has chosen to receive notices | ||
by email fails to file his or her statement by May 10, then | ||
the Secretary of State or county clerk, as applicable, | ||
shall send an additional email notice on that date, | ||
informing the person that he or she has not filed and | ||
describing the penalties for late filing and failing to | ||
file. This notice shall be in addition to other notices | ||
provided for in this Article. | ||
(7) The Secretary of State and each county clerk who | ||
institutes a system of Internet-based filing of statements | ||
of economic interests may also institute an Internet-based | ||
process for the filing of the list of names and addresses | ||
of persons required to file statements of economic | ||
interests by the chief administrative officers that must | ||
file such information with the Secretary of State or county | ||
clerk, as applicable, pursuant to Section 4A-106 or | ||
4A-106.5 . Whenever the Secretary of State or a county clerk | ||
institutes such a system under this paragraph, every chief | ||
administrative officer must use the system to file this | ||
information. | ||
(8) The Secretary of State and any county clerk who |
institutes a system of Internet-based filing of statements | ||
of economic interests shall post the contents of such | ||
statements filed with him or her available for inspection | ||
and copying on a publicly accessible website. Such postings | ||
shall not include the addresses or signatures of the | ||
filers.
| ||
(Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19 .) | ||
Section 6-10. The State Officials and Employees Ethics Act | ||
is amended by changing Sections 5-10.5, 20-5, 20-10, 20-50, | ||
25-5, 25-10, 25-50, and 70-5 and by adding Sections 20-63 and | ||
25-63 as follows: | ||
(5 ILCS 430/5-10.5) | ||
Sec. 5-10.5. Harassment and discrimination prevention | ||
Sexual harassment training. | ||
(a) Until 2020, each Each officer, member, and employee | ||
must complete, at least annually beginning in 2018 , a sexual | ||
harassment training program. A person who fills a vacancy in an | ||
elective or appointed position that requires training under | ||
this Section must complete his or her initial sexual harassment | ||
training program within 30 days after commencement of his or | ||
her office or employment. The training shall include, at a | ||
minimum, the following: (i) the definition, and a description, | ||
of sexual harassment utilizing examples; (ii) details on how an | ||
individual can report an allegation of sexual harassment, |
including options for making a confidential report to a | ||
supervisor, ethics officer, Inspector General, or the | ||
Department of Human Rights; (iii) the definition, and | ||
description of, retaliation for reporting sexual harassment | ||
allegations utilizing examples, including availability of | ||
whistleblower protections under this Act, the Whistleblower | ||
Act, and the Illinois Human Rights Act; and (iv) the | ||
consequences of a violation of the prohibition on sexual | ||
harassment and the consequences for knowingly making a false | ||
report. Proof of completion must be submitted to the applicable | ||
ethics officer. Sexual harassment training programs shall be | ||
overseen by the appropriate Ethics Commission and Inspector | ||
General appointed under this Act. | ||
(a-5) Beginning in 2020, each officer, member, and employee | ||
must complete, at least annually, a harassment and | ||
discrimination prevention training program. A person who fills | ||
a vacancy in an elective or appointed position that requires | ||
training under this subsection must complete his or her initial | ||
harassment and discrimination prevention training program | ||
within 30 days after commencement of his or her office or | ||
employment. The training shall include, at a minimum, the | ||
following: (i) the definition and a description of sexual | ||
harassment, unlawful discrimination, and harassment, including | ||
examples of each; (ii) details on how an individual can report | ||
an allegation of sexual harassment, unlawful discrimination, | ||
or harassment, including options for making a confidential |
report to a supervisor, ethics officer, Inspector General, or | ||
the Department of Human Rights; (iii) the definition and | ||
description of retaliation for reporting sexual harassment, | ||
unlawful discrimination, or harassment allegations utilizing | ||
examples, including availability of whistleblower protections | ||
under this Act, the Whistleblower Act, and the Illinois Human | ||
Rights Act; and (iv) the consequences of a violation of the | ||
prohibition on sexual harassment, unlawful discrimination, and | ||
harassment and the consequences for knowingly making a false | ||
report. Proof of completion must be submitted to the applicable | ||
ethics officer. Harassment and discrimination training | ||
programs shall be overseen by the appropriate Ethics Commission | ||
and Inspector General appointed under this Act. | ||
For the purposes of this subsection, "unlawful | ||
discrimination" and "harassment" refers to discrimination and | ||
harassment prohibited under Section 2-102 of the Illinois Human | ||
Rights Act. | ||
(b) Each ultimate jurisdictional authority shall submit to | ||
the applicable Ethics Commission, at least annually, or more | ||
frequently as required by that Commission, a report that | ||
summarizes the sexual harassment training program that was | ||
completed during the previous year, and lays out the plan for | ||
the training program in the coming year. The report shall | ||
include the names of individuals that failed to complete the | ||
required training program. Each Ethics Commission shall make | ||
the reports available on its website.
|
(Source: P.A. 100-554, eff. 11-16-17.) | ||
(5 ILCS 430/20-5)
| ||
Sec. 20-5. Executive Ethics Commission.
| ||
(a) The Executive Ethics Commission is created.
| ||
(b) The Executive Ethics Commission shall consist of 9
| ||
commissioners.
The Governor shall appoint 5 commissioners, and | ||
the Attorney General, Secretary
of State, Comptroller, and | ||
Treasurer shall each appoint one commissioner.
Appointments | ||
shall be made by and with the advice and consent of the
Senate | ||
by three-fifths of the elected members concurring by record | ||
vote.
Any nomination not acted upon by the Senate within 60 | ||
session days of the
receipt thereof shall be deemed to have | ||
received the advice and consent of
the Senate. If, during a | ||
recess of the Senate, there is a vacancy in an office
of | ||
commissioner, the appointing authority shall make a temporary
| ||
appointment until the next meeting of the Senate when the | ||
appointing
authority shall make a nomination to fill that | ||
office. No person rejected for
an office of commissioner shall, | ||
except by the Senate's request, be
nominated again for that | ||
office at the same session of the Senate or be
appointed to | ||
that office during a recess of that Senate.
No more than 5
| ||
commissioners may be of the same
political party.
| ||
The terms of the initial commissioners shall commence upon | ||
qualification.
Four initial appointees of the Governor, as | ||
designated by the Governor, shall
serve terms running through |
June 30, 2007. One initial appointee of the
Governor, as | ||
designated by the Governor, and the initial appointees of the
| ||
Attorney General, Secretary of State, Comptroller, and | ||
Treasurer shall serve
terms running through June 30, 2008.
The | ||
initial appointments shall be made within 60 days
after the | ||
effective date of this Act.
| ||
After the initial terms, commissioners shall serve for | ||
4-year terms
commencing on July 1 of the year of appointment | ||
and running
through June 30 of the fourth following year. | ||
Commissioners may be
reappointed to one or more subsequent | ||
terms.
| ||
Vacancies occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the
term of the commissioner whose office is vacant.
| ||
Terms shall run regardless of whether the position is | ||
filled.
| ||
(c) The appointing authorities shall appoint commissioners | ||
who
have experience holding governmental office or employment | ||
and shall
appoint commissioners from the general public.
A | ||
person is not eligible to
serve as a commissioner if that | ||
person (i) has been convicted of a
felony or a crime of | ||
dishonesty or moral turpitude, (ii) is, or was
within the | ||
preceding 12 months, engaged in activities that
require | ||
registration under the Lobbyist Registration Act, (iii) is | ||
related
to the appointing authority, or (iv) is a State officer | ||
or employee.
|
(d) The Executive Ethics Commission shall have
| ||
jurisdiction over all officers and employees of State agencies | ||
other
than the General Assembly, the Senate, the House of | ||
Representatives,
the President and Minority Leader of the | ||
Senate, the Speaker and
Minority Leader of the House of | ||
Representatives, the Senate
Operations Commission, the | ||
legislative support services agencies, and
the Office of the | ||
Auditor General.
The Executive Ethics Commission shall have | ||
jurisdiction over all board members and employees of Regional | ||
Transit Boards. The jurisdiction of the
Commission is limited | ||
to matters arising under this Act, except as provided in | ||
subsection (d-5).
| ||
A member or legislative branch State employee serving on an | ||
executive branch board or commission remains subject to the | ||
jurisdiction of the Legislative Ethics Commission and is not | ||
subject to the jurisdiction of the Executive Ethics Commission. | ||
(d-5) The Executive Ethics Commission shall have | ||
jurisdiction over all chief procurement officers and | ||
procurement compliance monitors and their respective staffs. | ||
The Executive Ethics Commission shall have jurisdiction over | ||
any matters arising under the Illinois Procurement Code if the | ||
Commission is given explicit authority in that Code. | ||
(d-6) (1) The Executive Ethics Commission shall have | ||
jurisdiction over the Illinois Power Agency and its staff. The | ||
Director of the Agency shall be appointed by a majority of the | ||
commissioners of the Executive Ethics Commission, subject to |
Senate confirmation, for a term of 2 years. The Director is | ||
removable for cause by a majority of the Commission upon a | ||
finding of neglect, malfeasance, absence, or incompetence. | ||
(2) In case of a vacancy in the office of Director of the | ||
Illinois Power Agency during a recess of the Senate, the | ||
Executive Ethics Commission may make a temporary appointment | ||
until the next meeting of the Senate, at which time the | ||
Executive Ethics Commission shall nominate some person to fill | ||
the office, and any person so nominated who is confirmed by the | ||
Senate shall hold office during the remainder of the term and | ||
until his or her successor is appointed and qualified. Nothing | ||
in this subsection shall prohibit the Executive Ethics | ||
Commission from removing a temporary appointee or from | ||
appointing a temporary appointee as the Director of the | ||
Illinois Power Agency. | ||
(3) Prior to June 1, 2012, the Executive Ethics Commission | ||
may, until the Director of the Illinois Power Agency is | ||
appointed and qualified or a temporary appointment is made | ||
pursuant to paragraph (2) of this subsection, designate some | ||
person as an acting Director to execute the powers and | ||
discharge the duties vested by law in that Director. An acting | ||
Director shall serve no later than 60 calendar days, or upon | ||
the making of an appointment pursuant to paragraph (1) or (2) | ||
of this subsection, whichever is earlier. Nothing in this | ||
subsection shall prohibit the Executive Ethics Commission from | ||
removing an acting Director or from appointing an acting |
Director as the Director of the Illinois Power Agency. | ||
(4) No person rejected by the Senate for the office of | ||
Director of the Illinois Power Agency shall, except at the | ||
Senate's request, be nominated again for that office at the | ||
same session or be appointed to that office during a recess of | ||
that Senate. | ||
(d-7) The Executive Ethics Commission shall have | ||
jurisdiction over complainants in violation of subsection (e) | ||
of Section 20-63. | ||
(e) The Executive Ethics Commission must meet, either
in | ||
person or by other technological means, at least monthly and as
| ||
often as necessary. At the first meeting of the Executive
| ||
Ethics Commission, the commissioners shall choose from their
| ||
number a chairperson and other officers that they deem | ||
appropriate.
The terms of officers shall be for 2 years | ||
commencing July 1 and
running through June 30 of the second | ||
following year. Meetings shall be held at
the call
of the | ||
chairperson or any 3 commissioners. Official action by the
| ||
Commission shall require the affirmative vote of 5 | ||
commissioners, and
a quorum shall consist of 5 commissioners. | ||
Commissioners shall receive
compensation in an amount equal to | ||
the compensation of members of the State
Board of Elections and | ||
may be
reimbursed for their reasonable expenses actually | ||
incurred in the
performance of their duties.
| ||
(f) No commissioner or employee of the Executive
Ethics | ||
Commission may during his or her term of appointment or |
employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any other elected or appointed public office | ||
except for
appointments on governmental advisory boards or | ||
study commissions or as
otherwise expressly authorized by | ||
law;
| ||
(3) be actively involved in the affairs of any | ||
political party or
political
organization; or
| ||
(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any elective office.
| ||
(g) An appointing authority may remove a commissioner only | ||
for cause.
| ||
(h) The Executive Ethics Commission shall appoint an | ||
Executive Director. The
compensation of the Executive Director | ||
shall be as determined by the Commission. The Executive
| ||
Director of the Executive Ethics Commission may employ and | ||
determine the
compensation of staff, as appropriations permit.
| ||
(i) The Executive Ethics Commission shall appoint, by a | ||
majority of the members appointed to the Commission, chief | ||
procurement officers and may appoint procurement compliance | ||
monitors in accordance with the provisions of the Illinois | ||
Procurement Code. The compensation of a chief procurement | ||
officer and procurement compliance monitor shall be determined | ||
by the Commission. | ||
(Source: P.A. 100-43, eff. 8-9-17.) |
(5 ILCS 430/20-10)
| ||
Sec. 20-10. Offices of Executive Inspectors General.
| ||
(a) Five independent Offices of the Executive Inspector | ||
General are
created,
one each for the Governor, the Attorney | ||
General, the Secretary of State, the
Comptroller, and the | ||
Treasurer. Each Office shall be under the direction and
| ||
supervision
of an Executive Inspector General and shall be a | ||
fully independent office with
separate
appropriations.
| ||
(b) The Governor, Attorney General, Secretary of State, | ||
Comptroller, and
Treasurer shall each appoint an Executive | ||
Inspector General, without regard to
political affiliation and | ||
solely on the basis of integrity and
demonstrated ability.
| ||
Appointments shall be made by and with the advice and consent | ||
of the
Senate by three-fifths of the elected members concurring | ||
by record vote.
Any nomination not acted upon by the Senate | ||
within 60 session days of the
receipt thereof shall be deemed | ||
to have received the advice and consent of
the Senate. If, | ||
during a recess of the Senate, there is a vacancy in an office
| ||
of Executive Inspector General, the appointing authority shall | ||
make a
temporary appointment until the next meeting of the | ||
Senate when the
appointing authority shall make a nomination to | ||
fill that office. No person
rejected for an office of Executive | ||
Inspector General shall, except by the
Senate's request, be | ||
nominated again for that office at the same session of
the | ||
Senate or be appointed to that office during a recess of that |
Senate.
| ||
Nothing in this Article precludes the appointment by the | ||
Governor, Attorney
General,
Secretary of State, Comptroller, | ||
or Treasurer of any other inspector general
required or
| ||
permitted by law. The Governor, Attorney General, Secretary of | ||
State,
Comptroller, and
Treasurer
each may appoint an existing | ||
inspector general as the Executive Inspector
General
required | ||
by this
Article, provided that such an inspector general is not | ||
prohibited by law,
rule,
jurisdiction, qualification, or | ||
interest from serving as the Executive
Inspector General
| ||
required by
this Article.
An appointing authority may not | ||
appoint a relative as an Executive Inspector
General.
| ||
Each Executive Inspector General shall have the following | ||
qualifications:
| ||
(1) has not been convicted of any felony under the laws | ||
of this State,
another State, or the United States;
| ||
(2) has earned a baccalaureate degree from an | ||
institution of higher
education; and
| ||
(3) has 5 or more years of cumulative service (A) with | ||
a federal,
State, or
local law enforcement agency, at least | ||
2 years of which have been in a
progressive investigatory | ||
capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||
as a
senior manager or executive of a federal, State, or | ||
local
agency; (D) as a member, an officer,
or a State
or | ||
federal judge; or (E) representing any combination of (A) | ||
through (D).
|
The term of each initial Executive Inspector General shall
| ||
commence upon qualification and shall run through June 30, | ||
2008. The
initial appointments shall be made within 60 days | ||
after the effective
date of this Act.
| ||
After the initial term, each Executive Inspector General | ||
shall serve
for 5-year terms commencing on July 1 of the year | ||
of appointment
and running through June 30 of the fifth | ||
following year. An
Executive Inspector General may be | ||
reappointed to one or more
subsequent terms.
| ||
A vacancy occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the term of the Executive
Inspector General whose office is | ||
vacant.
| ||
Terms shall run regardless of whether the position is | ||
filled.
| ||
(c) The Executive Inspector General appointed by the | ||
Attorney General shall
have jurisdiction over the Attorney | ||
General and all officers and employees of,
and vendors and | ||
others doing business with,
State agencies within the | ||
jurisdiction of the Attorney General. The Executive
Inspector | ||
General appointed by the Secretary of State shall have | ||
jurisdiction
over the Secretary of State and all officers and | ||
employees of, and vendors and
others doing business with, State | ||
agencies within the
jurisdiction of the Secretary of State. The | ||
Executive Inspector General
appointed by the Comptroller shall | ||
have jurisdiction over the Comptroller and
all officers and |
employees of, and vendors and others doing business with,
State | ||
agencies within the jurisdiction of the Comptroller. The
| ||
Executive Inspector General appointed by the Treasurer shall | ||
have jurisdiction
over the Treasurer and all officers and | ||
employees of, and vendors and others
doing business with, State | ||
agencies within the jurisdiction
of the Treasurer. The | ||
Executive Inspector General appointed by the Governor
shall | ||
have jurisdiction over (i) the Governor, (ii) the Lieutenant | ||
Governor, (iii) all
officers and employees of, and vendors and | ||
others doing business with,
executive branch State agencies | ||
under the jurisdiction of the
Executive Ethics Commission and | ||
not within the jurisdiction of the
Attorney
General, the | ||
Secretary of State, the Comptroller, or the Treasurer, and (iv) | ||
all board members and employees of the Regional Transit Boards | ||
and all vendors and others doing business with the Regional | ||
Transit Boards.
| ||
The jurisdiction of each Executive Inspector General is to | ||
investigate
allegations of fraud, waste, abuse, mismanagement, | ||
misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||
violations of this Act or violations of other related
laws and | ||
rules.
| ||
Each Executive Inspector General shall have jurisdiction | ||
over complainants in violation of subsection (e) of Section | ||
20-63 for disclosing a summary report prepared by the | ||
respective Executive Inspector General. | ||
(d) The compensation for each Executive Inspector General |
shall be
determined by the Executive Ethics Commission and | ||
shall be made from appropriations made to the Comptroller for | ||
this purpose. Subject to Section 20-45 of this Act, each
| ||
Executive Inspector General has full
authority
to organize his | ||
or her Office of the Executive Inspector General, including the
| ||
employment and determination of the compensation of staff, such | ||
as deputies,
assistants, and other employees, as | ||
appropriations permit. A separate
appropriation
shall be made | ||
for each Office of Executive Inspector General.
| ||
(e) No Executive Inspector General or employee of the | ||
Office of
the Executive Inspector General may, during his or | ||
her term of appointment or
employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any other elected or appointed public office
| ||
except for appointments on governmental advisory boards
or | ||
study commissions or as otherwise expressly authorized by | ||
law;
| ||
(3) be actively involved in the affairs of any | ||
political party or
political organization; or
| ||
(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any
elective office.
| ||
In this subsection an appointed public office means a | ||
position authorized by
law that is filled by an appointing | ||
authority as provided by law and does not
include employment by | ||
hiring in the ordinary course of business.
|
(e-1) No Executive Inspector General or employee of the | ||
Office of the
Executive Inspector General may, for one year | ||
after the termination of his or
her appointment or employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any elected public office; or
| ||
(3) hold any appointed State, county, or local judicial | ||
office.
| ||
(e-2) The requirements of item (3) of subsection (e-1) may | ||
be waived by the
Executive Ethics Commission.
| ||
(f) An Executive Inspector General may be removed only for | ||
cause and may
be removed only by the appointing constitutional | ||
officer. At the time of the
removal,
the appointing | ||
constitutional officer must report to the Executive Ethics
| ||
Commission the
justification for the
removal.
| ||
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .) | ||
(5 ILCS 430/20-50)
| ||
Sec. 20-50. Investigation reports.
| ||
(a) If an Executive Inspector General, upon the conclusion | ||
of an
investigation, determines that reasonable cause exists to | ||
believe that a
violation
has occurred, then
the Executive | ||
Inspector General shall issue a summary report of the
| ||
investigation. The report shall be delivered to the
appropriate | ||
ultimate jurisdictional
authority and to the head of each State
| ||
agency
affected by or involved in the investigation, if | ||
appropriate. The appropriate ultimate jurisdictional authority |
or agency head shall respond to the summary report within 20 | ||
days, in writing, to the Executive Inspector General. The | ||
response shall include a description of any corrective or | ||
disciplinary action to be imposed. If the appropriate ultimate | ||
jurisdictional authority does not respond within 20 days, or | ||
within an extended time period as agreed to by the Executive | ||
Inspector General, an Executive Inspector General may proceed | ||
under subsection (c) as if a response had been received.
| ||
(b) The summary report of the investigation shall include | ||
the following:
| ||
(1) A description of any allegations or other | ||
information
received by the Executive Inspector General | ||
pertinent to the
investigation.
| ||
(2) A description of any alleged misconduct discovered | ||
in the
course of the investigation.
| ||
(3) Recommendations for any corrective or disciplinary
| ||
action to be taken in response to any alleged misconduct | ||
described in the
report, including but not limited to | ||
discharge.
| ||
(4) Other information the Executive Inspector General
| ||
deems relevant to the investigation or resulting | ||
recommendations.
| ||
(c) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a),
the Executive Inspector General shall | ||
notify the Commission and the Attorney General if the Executive |
Inspector General believes that a complaint should be filed | ||
with the Commission. If the Executive Inspector General desires | ||
to file a
complaint with the Commission, the Executive | ||
Inspector General shall submit the summary report and | ||
supporting documents to the
Attorney General. If the Attorney | ||
General concludes that there is insufficient evidence that a | ||
violation has occurred, the Attorney General shall notify the | ||
Executive Inspector General and the Executive Inspector | ||
General shall deliver to the Executive Ethics Commission a copy | ||
of the summary report and response from the ultimate | ||
jurisdictional authority or agency head.
If the Attorney | ||
General determines
that reasonable cause exists to believe that | ||
a violation has occurred, then the
Executive Inspector
General, | ||
represented by the Attorney
General, may file with the | ||
Executive Ethics Commission a complaint.
The complaint shall | ||
set
forth the alleged violation and the
grounds that exist to | ||
support the complaint. The complaint must be filed with the | ||
Commission within 12 months after the Executive Inspector | ||
General's receipt of the allegation of the violation 18 months
| ||
after the most recent act of the
alleged violation or of a | ||
series of alleged violations
except where there is reasonable | ||
cause to believe
that fraudulent concealment has occurred. To | ||
constitute fraudulent concealment
sufficient to toll this | ||
limitations period, there must be an affirmative act or
| ||
representation calculated to prevent discovery of the fact that | ||
a violation has
occurred.
If a complaint is not filed with the |
Commission
within 6 months after notice by the Inspector | ||
General to the Commission and the
Attorney General, then the | ||
Commission may set a meeting of the Commission at
which the | ||
Attorney General shall appear and provide a status
report to | ||
the Commission.
| ||
(c-5) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a), if the Executive Inspector General does | ||
not believe that a complaint should be filed, the Executive | ||
Inspector General shall deliver to the Executive Ethics | ||
Commission a statement setting forth the basis for the decision | ||
not to file a complaint and a copy of the summary report and | ||
response from the ultimate jurisdictional authority or agency | ||
head. An Inspector General may also submit a redacted version | ||
of the summary report and response from the ultimate | ||
jurisdictional authority if the Inspector General believes | ||
either contains information that, in the opinion of the | ||
Inspector General, should be redacted prior to releasing the | ||
report, may interfere with an ongoing investigation, or | ||
identifies an informant or complainant. | ||
(c-10) If, after reviewing the documents, the Commission | ||
believes that further investigation is warranted, the | ||
Commission may request that the Executive Inspector General | ||
provide additional information or conduct further | ||
investigation. The Commission may also appoint a Special | ||
Executive Inspector General to investigate or refer the summary |
report and response from the ultimate jurisdictional authority | ||
to the Attorney General for further investigation or review. If | ||
the Commission requests the Attorney General to investigate or | ||
review, the Commission must notify the Attorney General and the | ||
Inspector General. The Attorney General may not begin an | ||
investigation or review until receipt of notice from the | ||
Commission.
If, after review, the Attorney General determines | ||
that reasonable cause exists to believe that a violation has | ||
occurred, then the Attorney General may file a complaint with | ||
the Executive Ethics Commission. If the Attorney General | ||
concludes that there is insufficient evidence that a violation | ||
has occurred, the Attorney General shall notify the Executive | ||
Ethics Commission and the appropriate Executive Inspector | ||
General. | ||
(d) A copy of the complaint filed with the Executive Ethics | ||
Commission must be served on all respondents named in the
| ||
complaint and on each respondent's ultimate jurisdictional | ||
authority in
the same manner as process is served under the | ||
Code of Civil
Procedure.
| ||
(e) A respondent may file objections to the complaint | ||
within 30 days after notice of the petition has been
served on | ||
the respondent.
| ||
(f) The Commission shall meet, either in person or by | ||
telephone, at least 30 days after the complaint is served on | ||
all respondents
in a closed session to review the sufficiency | ||
of the complaint.
The Commission shall
issue notice by |
certified mail, return receipt requested, to the Executive | ||
Inspector General, Attorney General, and all respondents of
the | ||
Commission's ruling on the sufficiency of the complaint. If the | ||
complaint
is deemed to
sufficiently allege a violation of this | ||
Act, then the Commission shall
include a hearing date scheduled | ||
within 4 weeks after the date of the notice,
unless all of the | ||
parties consent to a later date.
If the complaint is deemed not | ||
to sufficiently allege a
violation, then
the Commission shall | ||
send by certified mail, return receipt requested,
a notice to | ||
the Executive Inspector General, Attorney General, and all | ||
respondents of the decision to dismiss the complaint.
| ||
(g) On the scheduled date
the Commission shall conduct a | ||
closed meeting,
either in person or, if the parties consent, by | ||
telephone, on the complaint and
allow all
parties the | ||
opportunity to present testimony and evidence.
All such | ||
proceedings shall be transcribed.
| ||
(h) Within an appropriate time limit set by rules of the | ||
Executive
Ethics Commission, the Commission shall (i) dismiss | ||
the
complaint, (ii) issue a recommendation of discipline to the
| ||
respondent and the respondent's ultimate jurisdictional | ||
authority, (iii)
impose an administrative fine upon the | ||
respondent, (iv) issue injunctive relief as described in | ||
Section 50-10, or (v) impose a combination of (ii) through | ||
(iv).
| ||
(i) The proceedings on any complaint filed with the | ||
Commission
shall be conducted pursuant to rules promulgated by |
the Commission.
| ||
(j) The Commission may designate hearing officers
to | ||
conduct proceedings as determined by rule of the Commission.
| ||
(k) In all proceedings before the Commission, the standard | ||
of
proof is by a preponderance of the evidence.
| ||
(l) Within 30 days after the issuance of a final | ||
administrative decision that concludes that a violation | ||
occurred, the Executive Ethics Commission shall make public the | ||
entire record of proceedings before the Commission, the | ||
decision, any recommendation, any discipline imposed, and the | ||
response from the agency head or ultimate jurisdictional | ||
authority to the Executive Ethics Commission.
| ||
(Source: P.A. 100-588, eff. 6-8-18.) | ||
(5 ILCS 430/20-63 new) | ||
Sec. 20-63. Rights of persons subjected to discrimination, | ||
harassment, or sexual harassment. | ||
(a) As used in this Section, "complainant" means a known | ||
person identified in a complaint filed with an Executive | ||
Inspector General as a person subjected to alleged | ||
discrimination, harassment, or sexual harassment in violation | ||
of Section 5-65 of this Act, subsection (a) of Section 4.7 of | ||
the Lobbyist Registration Act, or Article 2 of the Illinois | ||
Human Rights Act, regardless of whether the complaint is filed | ||
by the person. | ||
(b) A complainant shall have the following rights: |
(1) within 5 business days of the Executive Inspector | ||
General receiving a complaint in which the complainant is | ||
identified, to be notified by the Executive Inspector | ||
General of the receipt of the complaint, the complainant's | ||
rights, and an explanation of the process, rules, and | ||
procedures related to the investigation of an allegation, | ||
and the duties of the Executive Inspector General and the | ||
Executive Ethics Commission; | ||
(2) within 5 business days after the Executive | ||
Inspector General's decision to open or close an | ||
investigation into the complaint or refer the complaint to | ||
another appropriate agency, to be notified of the Executive | ||
Inspector General's decision; however, if the Executive | ||
Inspector General reasonably determines that publicly | ||
acknowledging the existence of an investigation would | ||
interfere with the conduct or completion of that | ||
investigation, the notification may be withheld until | ||
public acknowledgment of the investigation would no longer | ||
interfere with that investigation; | ||
(3) to review statements and evidence given to the | ||
Executive Inspector General by the complainant and the | ||
Executive Inspector General's summarization of those | ||
statements and evidence, if such summary exists. The | ||
complainant may make suggestions of changes for the | ||
Executive Inspector General's consideration, but the | ||
Executive Inspector General shall have the final authority |
to determine what statements, evidence, and summaries are | ||
included in any report of the investigation; | ||
(4) to have a union representative, attorney, | ||
co-worker, or other support person who is not involved in | ||
the investigation, at the complainant's expense, present | ||
at any interview or meeting, whether in person or by | ||
telephone or audio-visual communication, between the | ||
complainant and the Executive Inspector General or | ||
Executive Ethics Commission; | ||
(5) to submit an impact statement that shall be | ||
included with the Executive Inspector General's summary | ||
report to the Executive Ethics Commission for its | ||
consideration; | ||
(6) to testify at a hearing held under subsection (g) | ||
of Section 20-50, to the extent the hearing is based on an | ||
allegation of a violation of Section 5-65 of this Act or | ||
subsection (a) of Section 4.7 of the Lobbyist Registration | ||
Act involving the complainant, and have a single union | ||
representative, attorney, co-worker, or other support | ||
person who is not involved in the investigation, at the | ||
complainant's expense, accompany him or her while | ||
testifying; | ||
(7) to review, within 5 business days prior to its | ||
release, any portion of a summary report of the | ||
investigation subject to public release under this Article | ||
related to the allegations concerning the complainant, |
after redactions made by the Executive Ethics Commission, | ||
and offer suggestions for redaction or provide a response | ||
that shall be made public with the summary report; and | ||
(8) to file a complaint with the Executive Ethics | ||
Commission for any violation of the complainant's rights | ||
under this Section by the Executive Inspector General. | ||
(c) The complainant shall have the sole discretion in | ||
determining whether to exercise the rights set forth in this | ||
Section. All rights under this Section shall be waived if the | ||
complainant fails to cooperate with the Executive Inspector | ||
General's investigation of the complaint. | ||
(d) The notice requirements imposed on Inspectors General | ||
by this Section shall be waived if the Inspector General is | ||
unable to identify or locate the complainant. | ||
(e) A complainant receiving a copy of any summary report, | ||
in whole or in part, under this Section shall keep the report | ||
confidential and shall not disclose the report prior to the | ||
publication of the report by the Executive Ethics Commission. A | ||
complainant that violates this subsection (e) shall be subject | ||
to an administrative fine by the Executive Ethics Commission of | ||
up to $5,000. | ||
(5 ILCS 430/25-5)
| ||
Sec. 25-5. Legislative Ethics Commission.
| ||
(a) The Legislative Ethics Commission is created.
| ||
(b) The Legislative Ethics Commission shall consist of 8
|
commissioners appointed 2 each by the
President and Minority | ||
Leader of the Senate and the Speaker and Minority Leader
of the | ||
House of Representatives.
| ||
The terms of the initial commissioners shall commence upon | ||
qualification.
Each appointing authority shall designate one | ||
appointee who
shall serve for a 2-year term running through
| ||
June 30, 2005.
Each appointing authority shall designate one | ||
appointee who
shall serve for a
4-year term running through | ||
June 30, 2007.
The initial appointments shall be made within 60 | ||
days
after the effective date of this Act.
| ||
After the initial terms, commissioners shall serve for | ||
4-year terms
commencing on July 1 of the year of appointment | ||
and running
through June 30 of the fourth following year. | ||
Commissioners may be
reappointed to one or more subsequent | ||
terms.
| ||
Vacancies occurring other than at the end of a term shall | ||
be filled
by the appointing authority only for the balance of | ||
the
term of the commissioner whose office is vacant.
| ||
Terms shall run regardless of whether the position is | ||
filled.
| ||
(c) The appointing authorities shall appoint commissioners | ||
who
have experience holding governmental office or employment | ||
and may
appoint commissioners who are members of the General | ||
Assembly as well as
commissioners from the general public.
A | ||
commissioner who is a member of the General Assembly must | ||
recuse himself or
herself from participating in any matter |
relating to any investigation or
proceeding in which he or she | ||
is the subject or is a complainant.
A person is not eligible to
| ||
serve as a commissioner if that person (i) has been convicted | ||
of a
felony or a crime of dishonesty or moral turpitude, (ii) | ||
is, or was
within the preceding 12 months, engaged in | ||
activities that
require registration under the Lobbyist | ||
Registration Act, (iii) is a
relative of the appointing | ||
authority, (iv) is a State officer or employee
other than a | ||
member of the General Assembly, or (v) is a candidate for | ||
statewide office, federal office, or judicial office.
| ||
(c-5) If a commissioner is required to recuse himself or | ||
herself from participating in a matter as provided in | ||
subsection (c), the recusal shall create a temporary vacancy | ||
for the limited purpose of consideration of the matter for | ||
which the commissioner recused himself or herself, and the | ||
appointing authority for the recusing commissioner shall make a | ||
temporary appointment to fill the vacancy for consideration of | ||
the matter for which the commissioner recused himself or | ||
herself. | ||
(d) The Legislative Ethics Commission shall have
| ||
jurisdiction over current and former members of the General | ||
Assembly regarding events occurring during a member's term of | ||
office and
current and former State
employees regarding events | ||
occurring during any period of employment where the State | ||
employee's ultimate jurisdictional authority is
(i) a | ||
legislative leader, (ii) the Senate Operations Commission, or |
(iii) the
Joint Committee on Legislative Support Services. The | ||
Legislative Ethics Commission shall have jurisdiction over | ||
complainants in violation of subsection (e) of Section 25-63. | ||
The jurisdiction of the
Commission is limited to matters | ||
arising under this Act.
| ||
An officer or executive branch State employee serving on a | ||
legislative branch board or commission remains subject to the | ||
jurisdiction of the Executive Ethics Commission and is not | ||
subject to the jurisdiction of the Legislative Ethics | ||
Commission. | ||
(e) The Legislative Ethics Commission must meet, either
in | ||
person or by other technological means, monthly or as
often as | ||
necessary. At the first meeting of the Legislative
Ethics | ||
Commission, the commissioners shall choose from their
number a | ||
chairperson and other officers that they deem appropriate.
The | ||
terms of officers shall be for 2 years commencing July 1 and
| ||
running through June 30 of the second following year. Meetings | ||
shall be held at
the call
of the chairperson or any 3 | ||
commissioners. Official action by the
Commission shall require | ||
the affirmative vote of 5 commissioners, and
a quorum shall | ||
consist of 5 commissioners. Commissioners shall receive
no | ||
compensation but
may be
reimbursed for their reasonable | ||
expenses actually incurred in the
performance of their duties.
| ||
(f) No commissioner, other than a commissioner who is a | ||
member of the
General
Assembly, or employee of the Legislative
| ||
Ethics Commission may during his or her term of appointment or |
employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any other elected or appointed public office
| ||
except for appointments on governmental advisory boards
or | ||
study commissions or as otherwise expressly authorized by | ||
law;
| ||
(3) be actively involved in the affairs of any | ||
political party or political
organization; or
| ||
(4) advocate for the appointment of another person to | ||
an appointed or elected office or position or actively | ||
participate in any campaign for any
elective office.
| ||
(f-5) No commissioner who is a member of the General | ||
Assembly may be a candidate for statewide office, federal | ||
office, or judicial office. If a commissioner who is a member | ||
of the General Assembly files petitions to be a candidate for a | ||
statewide office, federal office, or judicial office, he or she | ||
shall be deemed to have resigned from his or her position as a | ||
commissioner on the date his or her name is certified for the | ||
ballot by the State Board of Elections or local election | ||
authority and his or her position as a commissioner shall be | ||
deemed vacant. Such person may not be reappointed to the | ||
Commission during any time he or she is a candidate for | ||
statewide office, federal office, or judicial office. | ||
(g) An appointing authority may remove a
commissioner only | ||
for cause.
| ||
(h) The Legislative Ethics Commission shall appoint an
|
Executive Director subject to the approval of at least 3 of the | ||
4 legislative leaders. The compensation of the Executive | ||
Director shall
be as determined by the Commission. The | ||
Executive Director of the Legislative
Ethics Commission may | ||
employ, subject to the approval of at least 3 of the 4 | ||
legislative leaders, and determine the
compensation of staff, | ||
as appropriations permit.
| ||
(i) In consultation with the Legislative Inspector | ||
General, the Legislative Ethics Commission may develop | ||
comprehensive training for members and employees under its | ||
jurisdiction that includes, but is not limited to, sexual | ||
harassment, employment discrimination, and workplace civility. | ||
The training may be recommended to the ultimate jurisdictional | ||
authorities and may be approved by the Commission to satisfy | ||
the sexual harassment training required under Section 5-10.5 or | ||
be provided in addition to the annual sexual harassment | ||
training required under Section 5-10.5. The Commission may seek | ||
input from governmental agencies or private entities for | ||
guidance in developing such training. | ||
(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.) | ||
(5 ILCS 430/25-10)
| ||
Sec. 25-10. Office of Legislative Inspector General.
| ||
(a) The independent Office of the Legislative Inspector | ||
General is created.
The Office shall be under the direction and | ||
supervision of the
Legislative Inspector General and shall be a |
fully independent office with its
own appropriation.
| ||
(b) The Legislative Inspector General shall be appointed | ||
without regard to
political
affiliation and solely on the basis | ||
of integrity and
demonstrated ability.
The Legislative Ethics
| ||
Commission shall diligently search out qualified candidates | ||
for Legislative
Inspector General
and shall make | ||
recommendations to the General Assembly. The Legislative | ||
Inspector General may serve in a full-time, part-time, or | ||
contractual capacity.
| ||
The Legislative Inspector General shall be appointed by a | ||
joint resolution of
the
Senate and the House of | ||
Representatives, which may specify the date on
which the | ||
appointment takes effect.
A joint resolution, or other document | ||
as may be specified by the
Joint Rules of the General Assembly, | ||
appointing the Legislative Inspector
General must be certified | ||
by
the Speaker
of the House of Representatives and the | ||
President of the Senate as having been
adopted by the
| ||
affirmative vote of three-fifths of the members elected to each | ||
house,
respectively,
and be filed with the Secretary of State.
| ||
The appointment of the Legislative Inspector General takes | ||
effect on the day
the
appointment is completed by the General | ||
Assembly, unless the appointment
specifies a later date on | ||
which it is to become effective.
| ||
The Legislative Inspector General shall have the following | ||
qualifications:
| ||
(1) has not been convicted of any felony under the laws |
of this State,
another state, or the United States;
| ||
(2) has earned a baccalaureate degree from an | ||
institution of higher
education; and
| ||
(3) has 5 or more years of cumulative service (A) with | ||
a federal,
State, or
local law enforcement agency, at least | ||
2 years of which have been in a
progressive investigatory | ||
capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||
as a
senior manager or executive of a federal, State, or | ||
local
agency; (D) as a member, an officer,
or a State
or | ||
federal judge; or (E) representing any combination of (A) | ||
through (D).
| ||
The Legislative Inspector General may not be a relative of | ||
a commissioner.
| ||
The term of the initial Legislative Inspector General shall
| ||
commence upon qualification and shall run through June 30, | ||
2008.
| ||
After the initial term, the Legislative Inspector General | ||
shall serve
for 5-year terms commencing on July 1 of the year | ||
of appointment
and running through June 30 of the fifth | ||
following year. The
Legislative Inspector General may be | ||
reappointed to one or more
subsequent terms. Terms shall run | ||
regardless of whether the position is filled.
| ||
(b-5) A vacancy occurring other than at the end of a term | ||
shall be filled in the
same manner as an appointment only for | ||
the balance of the term of the
Legislative
Inspector General | ||
whose office is vacant. Within 7 days of the Office becoming |
vacant or receipt of a Legislative Inspector General's | ||
prospective resignation, the vacancy shall be publicly posted | ||
on the Commission's website, along with a description of the | ||
requirements for the position and where applicants may apply. | ||
Within 45 days of the vacancy, the Commission shall | ||
designate an Acting Legislative Inspector General who shall | ||
serve until the vacancy is filled. The Commission shall file | ||
the designation in writing with the Secretary of State. | ||
Within 60 days prior to the end of the term of the | ||
Legislative Inspector General or within 30 days of the | ||
occurrence of a vacancy in the Office of the Legislative | ||
Inspector General, the Legislative Ethics Commission shall | ||
establish a four-member search committee within the Commission | ||
for the purpose of conducting a search for qualified candidates | ||
to serve as Legislative Inspector General. The Speaker of the | ||
House of Representatives, Minority Leader of the House, Senate | ||
President, and Minority Leader of the Senate shall each appoint | ||
one member to the search committee. A member of the search | ||
committee shall be either a retired judge or former prosecutor | ||
and may not be a member or employee of the General Assembly or | ||
a registered lobbyist. If the Legislative Ethics Commission | ||
wishes to recommend that the Legislative Inspector General be | ||
re-appointed, a search committee does not need to be appointed. | ||
The search committee shall conduct a search for qualified | ||
candidates, accept applications, and conduct interviews. The | ||
search committee shall recommend up to 3 candidates for |
Legislative Inspector General to the Legislative Ethics | ||
Commission. The search committee shall be disbanded upon an | ||
appointment of the Legislative Inspector General. Members of | ||
the search committee are not entitled to compensation but shall | ||
be entitled to reimbursement of reasonable expenses incurred in | ||
connection with the performance of their duties. | ||
Within 30 days after the effective date of this amendatory | ||
Act of the 100th General Assembly, the Legislative Ethics | ||
Commission shall create a search committee in the manner | ||
provided for in this subsection to recommend up to 3 candidates | ||
for Legislative Inspector General to the Legislative Ethics | ||
Commission by October 31, 2018. | ||
If a vacancy exists and the Commission has not appointed an | ||
Acting Legislative Inspector General, either the staff of the | ||
Office of the Legislative Inspector General, or if there is no | ||
staff, the Executive Director, shall advise the Commission of | ||
all open investigations and any new allegations or complaints | ||
received in the Office of the Inspector General. These reports | ||
shall not include the name of any person identified in the | ||
allegation or complaint, including, but not limited to, the | ||
subject of and the person filing the allegation or complaint. | ||
Notification shall be made to the Commission on a weekly basis | ||
unless the Commission approves of a different reporting | ||
schedule.
| ||
If the Office of the Inspector General is vacant for 6 | ||
months or more beginning on or after January 1, 2019, and the |
Legislative Ethics Commission has not appointed an Acting | ||
Legislative Inspector General, all complaints made to the | ||
Legislative Inspector General or the Legislative Ethics | ||
Commission shall be directed to the Inspector General for the | ||
Auditor General, and he or she shall have the authority to act | ||
as provided in subsection (c) of this Section and Section 25-20 | ||
of this Act, and shall be subject to all laws and rules | ||
governing a Legislative Inspector General or Acting | ||
Legislative Inspector General. The authority for the Inspector | ||
General of the Auditor General under this paragraph shall | ||
terminate upon appointment of a Legislative Inspector General | ||
or an Acting Legislative Inspector General.
| ||
(c) The Legislative Inspector General
shall have | ||
jurisdiction over the current and former members of the General | ||
Assembly regarding events occurring during a member's term of | ||
office and
current and former State employees regarding events | ||
occurring during any period of employment where the State | ||
employee's ultimate jurisdictional authority is
(i) a | ||
legislative leader, (ii) the Senate Operations Commission, or | ||
(iii) the
Joint Committee on Legislative Support Services.
| ||
The jurisdiction of each Legislative Inspector General is | ||
to investigate
allegations of fraud, waste, abuse, | ||
mismanagement, misconduct, nonfeasance,
misfeasance,
| ||
malfeasance, or violations of this Act or violations of other | ||
related
laws and rules.
| ||
The Legislative Inspector General shall have jurisdiction |
over complainants in violation of subsection (e) of Section | ||
25-63 of this Act. | ||
(d) The compensation of the Legislative Inspector General | ||
shall
be the greater of an amount (i) determined by the | ||
Commission or (ii) by joint
resolution of the General Assembly | ||
passed by a majority of members elected in
each chamber.
| ||
Subject to Section 25-45 of this Act, the Legislative Inspector | ||
General has
full
authority to organize the Office of the | ||
Legislative Inspector General,
including the employment and | ||
determination of the compensation of
staff, such as deputies, | ||
assistants, and other employees, as
appropriations permit. | ||
Employment of staff is subject to the approval of at least 3 of | ||
the 4 legislative leaders.
| ||
(e) No Legislative Inspector General or employee of the | ||
Office of
the Legislative Inspector General may, during his or | ||
her term of appointment or
employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any other elected or appointed public office
| ||
except for appointments on governmental advisory boards
or | ||
study commissions or as otherwise expressly authorized by | ||
law;
| ||
(3) be actively involved in the affairs of any | ||
political party or
political organization; or
| ||
(4) actively participate in any campaign for any
| ||
elective office.
| ||
A full-time Legislative Inspector General shall not engage |
in the practice of law or any other business, employment, or | ||
vocation. | ||
In this subsection an appointed public office means a | ||
position authorized by
law that is filled by an appointing | ||
authority as provided by law and does not
include employment by | ||
hiring in the ordinary course of business.
| ||
(e-1) No Legislative Inspector General or employee of the | ||
Office of the
Legislative Inspector General may, for one year | ||
after the termination of his or
her appointment or employment:
| ||
(1) become a candidate for any elective office;
| ||
(2) hold any elected public office; or
| ||
(3) hold any appointed State, county, or local judicial | ||
office.
| ||
(e-2) The requirements of item (3) of subsection (e-1) may | ||
be waived by the
Legislative Ethics Commission.
| ||
(f) The Commission may remove the Legislative Inspector | ||
General only for
cause. At the time of the removal, the | ||
Commission must report to the General
Assembly the | ||
justification for the removal.
| ||
(Source: P.A. 100-588, eff. 6-8-18.) | ||
(5 ILCS 430/25-50)
| ||
Sec. 25-50. Investigation reports.
| ||
(a) If the Legislative Inspector General, upon the | ||
conclusion of an
investigation, determines that reasonable | ||
cause exists to believe that a
violation
has occurred, then
the |
Legislative Inspector General shall issue a summary report of | ||
the
investigation. The report shall be delivered to the
| ||
appropriate ultimate jurisdictional
authority, to the head of | ||
each State
agency
affected by or involved in the investigation, | ||
if appropriate, and the member, if any, that is the subject of | ||
the report. The appropriate ultimate jurisdictional authority | ||
or agency head and the member, if any, that is the subject of | ||
the report shall respond to the summary report within 20 days, | ||
in writing, to the Legislative Inspector General. If the | ||
ultimate jurisdictional authority is the subject of the report, | ||
he or she may only respond to the summary report in his or her | ||
capacity as the subject of the report and shall not respond in | ||
his or her capacity as the ultimate jurisdictional authority. | ||
The response shall include a description of any corrective or | ||
disciplinary action to be imposed. If the appropriate ultimate | ||
jurisdictional authority or the member that is the subject of | ||
the report does not respond within 20 days, or within an | ||
extended time as agreed to by the Legislative Inspector | ||
General, the Legislative Inspector General may proceed under | ||
subsection (c) as if a response had been received. A member | ||
receiving and responding to a report under this Section shall | ||
be deemed to be acting in his or her official capacity.
| ||
(b) The summary report of the investigation shall include | ||
the following:
| ||
(1) A description of any allegations or other | ||
information
received by the Legislative Inspector General |
pertinent to the
investigation.
| ||
(2) A description of any alleged misconduct discovered | ||
in the
course of the investigation.
| ||
(3) Recommendations for any corrective or disciplinary
| ||
action to be taken in response to any alleged misconduct | ||
described in the
report, including but not limited to | ||
discharge.
| ||
(4) Other information the Legislative Inspector | ||
General
deems relevant to the investigation or resulting | ||
recommendations.
| ||
(c) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a), the Legislative Inspector General shall | ||
notify the Commission and the Attorney General if the | ||
Legislative Inspector General believes that a complaint should | ||
be filed with the Commission. If
the Legislative Inspector | ||
General desires to file a
complaint with the Commission, the | ||
Legislative Inspector General shall submit the summary report | ||
and supporting documents to
the
Attorney General. If the | ||
Attorney General concludes that there is insufficient evidence | ||
that a violation has occurred, the Attorney General shall | ||
notify the Legislative Inspector General and the Legislative | ||
Inspector General shall deliver to the Legislative Ethics | ||
Commission a copy of the summary report and response from the | ||
ultimate jurisdictional authority or agency head.
If the | ||
Attorney General determines
that reasonable cause exists to |
believe that a violation has occurred, then the
Legislative | ||
Inspector
General, represented by the Attorney
General, may | ||
file with the Legislative Ethics Commission a complaint.
The | ||
complaint shall set
forth the alleged violation and the
grounds | ||
that exist to support the complaint. Except as provided under | ||
subsection (1.5) of Section 20, the complaint must be filed | ||
with the Commission within 12 months after the Legislative | ||
Inspector General's receipt of the allegation of the violation | ||
18 months
after the most recent act of the alleged violation or | ||
of a series of alleged
violations
except where there is | ||
reasonable cause to believe
that fraudulent concealment has | ||
occurred. To constitute fraudulent concealment
sufficient to | ||
toll this limitations period, there must be an affirmative act | ||
or
representation calculated to prevent discovery of the fact | ||
that a violation has
occurred.
If a complaint is not filed with | ||
the Commission
within 6 months after notice by the Inspector | ||
General to the Commission and the
Attorney General, then the | ||
Commission may set a meeting of the Commission at
which the | ||
Attorney General shall appear and provide a status
report to | ||
the Commission.
| ||
(c-5) Within 30 days after receiving a response from the | ||
appropriate ultimate jurisdictional authority or agency head | ||
under subsection (a), if the Legislative Inspector General does | ||
not believe that a complaint should be filed, the Legislative | ||
Inspector General shall deliver to the Legislative Ethics | ||
Commission a statement setting forth the basis for the decision |
not to file a complaint and a copy of the summary report and | ||
response from the ultimate jurisdictional authority or agency | ||
head. The Inspector General may also submit a redacted version | ||
of the summary report and response from the ultimate | ||
jurisdictional authority if the Inspector General believes | ||
either contains information that, in the opinion of the | ||
Inspector General, should be redacted prior to releasing the | ||
report, may interfere with an ongoing investigation, or | ||
identifies an informant or complainant. | ||
(c-10) If, after reviewing the documents, the Commission | ||
believes that further investigation is warranted, the | ||
Commission may request that the Legislative Inspector General | ||
provide additional information or conduct further | ||
investigation. The Commission may also refer the summary report | ||
and response from the ultimate jurisdictional authority to the | ||
Attorney General for further investigation or review. If the | ||
Commission requests the Attorney General to investigate or | ||
review, the Commission must notify the Attorney General and the | ||
Legislative Inspector General. The Attorney General may not | ||
begin an investigation or review until receipt of notice from | ||
the Commission. If, after review, the Attorney General | ||
determines that reasonable cause exists to believe that a | ||
violation has occurred, then the Attorney General may file a | ||
complaint with the Legislative Ethics Commission. If the | ||
Attorney General concludes that there is insufficient evidence | ||
that a violation has occurred, the Attorney General shall |
notify the Legislative Ethics Commission and the appropriate | ||
Legislative Inspector General. | ||
(d) A copy of the complaint filed with the Legislative | ||
Ethics Commission must be served on all respondents named in | ||
the
complaint and on each respondent's ultimate jurisdictional | ||
authority in
the same manner as process is served under the | ||
Code of Civil
Procedure.
| ||
(e) A respondent may file objections to the complaint | ||
within 30 days after notice of the petition has been
served on | ||
the respondent.
| ||
(f) The Commission shall meet, at least 30 days after the | ||
complaint is served on all respondents either in person or by | ||
telephone,
in a closed session to review the sufficiency of the | ||
complaint.
The Commission shall
issue notice by certified mail, | ||
return receipt requested, to the Legislative Inspector | ||
General, the Attorney General, and all respondents of
the | ||
Commission's ruling on the sufficiency of the complaint. If the | ||
complaint
is deemed to
sufficiently allege a violation of this | ||
Act, then the Commission shall
include a hearing date scheduled | ||
within 4 weeks after the date of the notice,
unless all of the | ||
parties consent to a later date.
If the complaint is deemed not | ||
to sufficiently allege a
violation, then
the Commission shall | ||
send by certified mail, return receipt requested,
a notice to | ||
the Legislative Inspector General, the Attorney General, and | ||
all respondents the decision to dismiss the complaint.
| ||
(g) On the scheduled date
the Commission shall conduct a |
closed meeting,
either in person or, if the parties consent, by | ||
telephone, on the complaint and
allow all
parties the | ||
opportunity to present testimony and evidence.
All such | ||
proceedings shall be transcribed.
| ||
(h) Within an appropriate time limit set by rules of the | ||
Legislative
Ethics Commission, the Commission shall (i) | ||
dismiss the
complaint, (ii) issue a recommendation of | ||
discipline to the
respondent and the respondent's ultimate | ||
jurisdictional authority, (iii)
impose an administrative fine | ||
upon the respondent, (iv) issue injunctive relief as described | ||
in Section 50-10, or (v) impose a combination of (ii) through | ||
(iv).
| ||
(i) The proceedings on any complaint filed with the | ||
Commission
shall be conducted pursuant to rules promulgated by | ||
the Commission.
| ||
(j) The Commission may designate hearing officers
to | ||
conduct proceedings as determined by rule of the Commission.
| ||
(k) In all proceedings before the Commission, the standard | ||
of
proof is by a preponderance of the evidence.
| ||
(l) Within 30 days after the issuance of a final | ||
administrative decision that concludes that a violation | ||
occurred, the Legislative Ethics Commission shall make public | ||
the entire record of proceedings before the Commission, the | ||
decision, any recommendation, any discipline imposed, and the | ||
response from the agency head or ultimate jurisdictional | ||
authority to the Legislative Ethics Commission.
|
(Source: P.A. 100-588, eff. 6-8-18.) | ||
(5 ILCS 430/25-63 new) | ||
Sec. 25-63. Rights of persons subjected to discrimination, | ||
harassment, or sexual harassment. | ||
(a) As used in this Section, "complainant" means a known | ||
person identified in a complaint filed with the Legislative | ||
Inspector General as a person subjected to alleged | ||
discrimination, harassment, or sexual harassment in violation | ||
of Section 5-65 of this Act or Article 2 of the Illinois Human | ||
Rights Act, regardless of whether the complaint is filed by the | ||
person. | ||
(b) A complainant shall have the following rights: | ||
(1) within 5 business days of the Legislative Inspector | ||
General receiving a complaint in which the complainant is | ||
identified, to be notified by the Legislative Inspector | ||
General of the receipt of the complaint, the complainant's | ||
rights, and an explanation of the process, rules, and | ||
procedures related to the investigating an allegation, and | ||
the duties of the Legislative Inspector General and the | ||
Legislative Ethics Commission; | ||
(2) within 5 business days after the Legislative | ||
Inspector General's decision to open or close an | ||
investigation into the complaint or refer the complaint to | ||
another appropriate agency, to be notified of the | ||
Legislative Inspector General's decision; however, if the |
Legislative Inspector General reasonably determines that | ||
publicly acknowledging the existence of an investigation | ||
would interfere with the conduct or completion of that | ||
investigation, the notification may be withheld until | ||
public acknowledgment of the investigation would no longer | ||
interfere with that investigation; | ||
(3) to review statements and evidence given to the | ||
Legislative Inspector General by the complainant and the | ||
Legislative Inspector General's summarization of those | ||
statements and evidence, if such summary exists. The | ||
complainant may make suggestions of changes for the | ||
Legislative Inspector General's consideration, but the | ||
Legislative Inspector General shall have the final | ||
authority to determine what statements, evidence, and | ||
summaries are included in any report of the investigation; | ||
(4) to have a union representative, attorney, | ||
co-worker, or other support person who is not involved in | ||
the investigation, at the complainant's expense, present | ||
at any interview or meeting, whether in person or by | ||
telephone or audio-visual communication, between the | ||
complainant and the Legislative Inspector General or | ||
Legislative Ethics Commission; | ||
(5) to submit a complainant impact statement that shall | ||
be included with the Legislative Inspector General's | ||
summary report to the Legislative Ethics Commission for its | ||
consideration; |
(6) to testify at a hearing held under subsection (g) | ||
of Section 25-50, to the extent the hearing is based on an | ||
allegation of a violation of Section 5-65 of this Act | ||
involving the complainant, and have a single union | ||
representative, attorney, co-worker, or other support | ||
person who is not involved in the investigation, at the | ||
complainant's expense, accompany him or her while | ||
testifying; | ||
(7) to review, within 5 business days prior to its | ||
release, any portion of a summary report of the | ||
investigation subject to public release under this Article | ||
related to the allegations concerning the complainant, | ||
after redactions made by the Legislative Ethics | ||
Commission, and offer suggestions for redaction or provide | ||
a response that shall be made public with the summary | ||
report; and | ||
(8) to file a complaint with the Legislative Ethics | ||
Commission for any violation of the complainant's rights | ||
under this Section by the Legislative Inspector General. | ||
(c) The complainant shall have the sole discretion in | ||
determining whether or not to exercise the rights set forth in | ||
this Section. All rights under this Section shall be waived if | ||
the complainant fails to cooperate with the Legislative | ||
Inspector General's investigation of the complaint. | ||
(d) The notice requirements imposed on the Legislative | ||
Inspector General by this Section shall be waived if the |
Legislative Inspector General is unable to identify or locate | ||
the complainant. | ||
(e) A complainant receiving a copy of any summary report, | ||
in whole or in part, under this Section shall keep the report | ||
confidential and shall not disclose the report prior to the | ||
publication of the report by the Legislative Ethics Commission. | ||
A complainant that violates this subsection (e) shall be | ||
subject to an administrative fine by the Legislative Ethics | ||
Commission of up to $5,000. | ||
(5 ILCS 430/70-5)
| ||
Sec. 70-5. Adoption by governmental entities.
| ||
(a) Within 6 months after the effective date of this Act, | ||
each governmental
entity other than a community college | ||
district, and each community college district within 6 months | ||
after the effective date of this amendatory Act of the 95th | ||
General Assembly, shall
adopt an ordinance or resolution that | ||
regulates, in a manner no less
restrictive than Section 5-15 | ||
and Article 10 of this
Act, (i) the political activities of | ||
officers and employees of the
governmental entity
and (ii) the | ||
soliciting and accepting of gifts by and the offering and | ||
making
of gifts to
officers and employees of the governmental | ||
entity.
No later than 60 days after the effective date of this | ||
amendatory Act of the 100th General Assembly, each governmental | ||
unit shall adopt an ordinance or resolution establishing a | ||
policy to prohibit sexual harassment. The policy shall include, |
at a minimum: (i) a prohibition on sexual harassment; (ii) | ||
details on how an individual can report an allegation of sexual | ||
harassment, including options for making a confidential report | ||
to a supervisor, ethics officer, Inspector General, or the | ||
Department of Human Rights; (iii) a prohibition on retaliation | ||
for reporting sexual harassment allegations, including | ||
availability of whistleblower protections under this Act, the | ||
Whistleblower Act, and the Illinois Human Rights Act; and (iv) | ||
the consequences of a violation of the prohibition on sexual | ||
harassment and the consequences for knowingly making a false | ||
report. Within 6 months after the effective date of this | ||
amendatory Act of the 101st General Assembly, each governmental | ||
unit that is not subject to the jurisdiction of a State or | ||
local Inspector General shall adopt an ordinance or resolution | ||
amending its sexual harassment policy to provide for a | ||
mechanism for reporting and independent review of allegations | ||
of sexual harassment made against an elected official of the | ||
governmental unit by another elected official of a governmental | ||
unit.
| ||
(b) Within 3 months after the effective date of this | ||
amendatory Act of the
93rd General Assembly, the Attorney | ||
General shall develop model ordinances
and resolutions for
the
| ||
purpose of this Article. The Attorney General shall advise
| ||
governmental
entities on their
contents and adoption.
| ||
(c) As used in this Article, (i) an "officer" means an | ||
elected or appointed
official; regardless of whether the |
official is compensated,
and (ii) an "employee" means a | ||
full-time, part-time, or contractual employee.
| ||
(Source: P.A. 100-554, eff. 11-16-17.)
| ||
Section 6-15. The Lobbyist Registration Act is amended by | ||
changing Section 4.7 as follows: | ||
(25 ILCS 170/4.7) | ||
Sec. 4.7. Prohibition on sexual harassment. | ||
(a) All persons have the right to work in an environment | ||
free from sexual harassment. All persons subject to this Act | ||
shall refrain from sexual harassment of any person. | ||
(b) Until January 1, 2020 Beginning January 1, 2018 , each | ||
natural person required to register as a lobbyist under this | ||
Act must complete, at least annually, a sexual harassment | ||
training program provided by the Secretary of State. A natural | ||
person registered under this Act must complete the training | ||
program no later than 30 days after registration or renewal | ||
under this Act. This requirement does not apply to a lobbying | ||
entity or a client that hires a lobbyist that (i) does not have | ||
employees of the lobbying entity or client registered as | ||
lobbyists, or (ii) does not have an actual presence in | ||
Illinois. | ||
(b-5) Beginning January 1, 2020, each natural person | ||
required to register as a lobbyist under this Act must | ||
complete, at least annually, a harassment and discrimination |
prevention training program provided by the Secretary of State. | ||
A natural person registered under this Act must complete the | ||
training program no later than 30 days after registration or | ||
renewal under this Act. This requirement does not apply to a | ||
lobbying entity or a client that hires a lobbyist that (i) does | ||
not have employees of the lobbying entity or client registered | ||
as lobbyists, or (ii) does not have an actual presence in | ||
Illinois. For the purposes of this subsection, "unlawful | ||
discrimination" and "harassment" mean unlawful discrimination | ||
and harassment prohibited under Section 2-102 of the Illinois | ||
Human Rights Act. | ||
(c) No later than January 1, 2018, each natural person and | ||
any entity required to register under this Act shall have a | ||
written sexual harassment policy that shall include, at a | ||
minimum: (i) a prohibition on sexual harassment; (ii) details | ||
on how an individual can report an allegation of sexual | ||
harassment, including options for making a confidential report | ||
to a supervisor, ethics officer, Inspector General, or the | ||
Department of Human Rights; (iii) a prohibition on retaliation | ||
for reporting sexual harassment allegations, including | ||
availability of whistleblower protections under the State | ||
Officials and Employee Ethics Act, the Whistleblower Act, and | ||
the Illinois Human Rights Act; and (iv) the consequences of a | ||
violation of the prohibition on sexual harassment and the | ||
consequences for knowingly making a false report. | ||
(d) For purposes of this Act, "sexual harassment" means any |
unwelcome sexual advances or requests for sexual favors or any | ||
conduct of a sexual nature when: (i) submission to such conduct | ||
is made either explicitly or implicitly a term or condition of | ||
an individual's employment; (ii) submission to or rejection of | ||
such conduct by an individual is used as the basis for | ||
employment decisions affecting such individual; or (iii) such | ||
conduct has the purpose or effect of substantially interfering | ||
with an individual's work performance or creating an | ||
intimidating, hostile, or offensive working environment. For | ||
the purposes of this definition, the phrase "working | ||
environment" is not limited to a physical location an employee | ||
is assigned to perform his or her duties and does not require | ||
an employment relationship. | ||
(e) The Secretary of State shall adopt rules for the | ||
implementation of this Section. In order to provide for the | ||
expeditious and timely implementation of this Section, the | ||
Secretary of State shall adopt emergency rules under subsection | ||
(z) of Section 5-45 of the Illinois Administrative Procedure | ||
Act for the implementation of this Section no later than 60 | ||
days after the effective date of this amendatory Act of the | ||
100th General Assembly.
| ||
(Source: P.A. 100-554, eff. 11-16-17.) | ||
Article 99. | ||
Section 99-97. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99-99. Effective date. This Act takes effect | ||
January 1, 2020, except that: (i) Article 5 takes effect July | ||
1, 2020; and (ii) Article 6 and this Article take effect upon | ||
becoming law. |