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Public Act 101-0656 | ||||
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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 1-5. The Illinois Human Rights Act is amended by | ||||
changing Section 1-103 and by adding Section 2-103.1 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:
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(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.
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(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.
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(B-5) Arrest record. "Arrest record" means: |
(1) an arrest not leading to a conviction; | ||
(2) a juvenile record; or | ||
(3) criminal history record information ordered | ||
expunged, sealed, or impounded under Section 5.2 of the | ||
Criminal Identification Act. | ||
(C) Charge. "Charge" means an allegation filed with the | ||
Department
by an aggrieved party or initiated by the Department | ||
under its
authority.
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(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.
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(E) Commission. "Commission" means the Human Rights | ||
Commission
created by this Act.
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(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.
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(G) Complainant. "Complainant" means a person including | ||
the
Department who files a charge of civil rights violation | ||
with the Department or
the Commission.
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(G-5) Conviction record. "Conviction record" means | ||
information indicating that a person has been convicted of a | ||
felony, misdemeanor or other criminal offense, placed on | ||
probation, fined, imprisoned, or paroled pursuant to any law |
enforcement or military authority. | ||
(H) Department. "Department" means the Department of Human | ||
Rights
created by this Act.
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(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
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functional disorder and which characteristic:
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(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
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disability;
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(2) For purposes of Article 3, is unrelated to the | ||
person's ability
to acquire, rent, or maintain a housing | ||
accommodation;
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(3) For purposes of Article 4, is unrelated to a | ||
person's ability to
repay;
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(4) For purposes of Article 5, is unrelated to a | ||
person's ability to
utilize and benefit from a place of | ||
public accommodation;
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(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.
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(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
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Reserve, or status as a current member or veteran of the | ||
Illinois Army National Guard or Illinois Air National
Guard.
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(K) National origin. "National origin" means the place in | ||
which a
person or one of his or her ancestors was born.
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(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.
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(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.
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(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.
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(O) Sex. "Sex" means the status of being male or female.
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(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
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birth. "Sexual orientation" does not include a physical or | ||
sexual attraction to a minor by an adult.
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(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".
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(Q) Unlawful discrimination. "Unlawful discrimination" |
means discrimination
against a person because of his or her | ||
actual or perceived: race, color, religion, national origin,
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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.
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(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | ||
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
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(775 ILCS 5/2-103.1 new) | ||
Sec. 2-103.1. Conviction record. | ||
(A) Unless otherwise authorized by law, it is a civil | ||
rights violation for any employer, employment agency or labor | ||
organization to use a conviction record, as defined under | ||
subsection (G-5) of Section 1-103, as a basis 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 (whether | ||
"disqualification" or "adverse action"), unless: | ||
(1) there is a substantial relationship between one or | ||
more of the previous criminal offenses and the employment | ||
sought or held; or | ||
(2) the granting or continuation of the employment | ||
would involve an unreasonable risk to property or to the | ||
safety or welfare of specific individuals or the general |
public. | ||
For the purposes of this subsection (A), "substantial | ||
relationship" means a consideration of whether the employment | ||
position offers the opportunity for the same or a similar | ||
offense to occur and whether the circumstances leading to the | ||
conduct for which the person was convicted will recur in the | ||
employment position. | ||
(B) Factors considered. In making a determination pursuant | ||
to subsection (A), the employer shall consider the following | ||
factors: | ||
(1) the length of time since the conviction; | ||
(2) the number of convictions that appear on the | ||
conviction record; | ||
(3) the nature and severity of the conviction and its | ||
relationship to the safety and security of others; | ||
(4) the facts or circumstances surrounding the | ||
conviction; | ||
(5) the age of the employee at the time of the | ||
conviction; and | ||
(6) evidence of rehabilitation efforts. | ||
(C) Interactive assessment required for disqualifying | ||
conviction. If, after considering the mitigating factors in | ||
subsection (B), the employer makes a preliminary decision that | ||
the employee's conviction record disqualifies the employee, | ||
the employer shall notify the employee of this preliminary | ||
decision in writing. |
(1) Notification. The notification shall contain all | ||
of the following: | ||
(a) notice of the disqualifying conviction or | ||
convictions that are the basis for the preliminary | ||
decision and the employer's reasoning for the | ||
disqualification; | ||
(b) a copy of the conviction history report, if | ||
any; and | ||
(c) an explanation of the employee's right to | ||
respond to the notice of the employer's preliminary | ||
decision before that decision becomes final. The | ||
explanation shall inform the employee that the | ||
response may include, but is not limited to, submission | ||
of evidence challenging the accuracy of the conviction | ||
record that is the basis for the disqualification, or | ||
evidence in mitigation, such as rehabilitation. | ||
(2) Employee response. The employee shall have at least | ||
5 business days to respond to the notification provided to | ||
the employee before the employer may make a final decision. | ||
(3) Final decision. The employer shall consider | ||
information submitted by the employee before making a final | ||
decision. If an employer makes a final decision to | ||
disqualify or take an adverse action solely or in part | ||
because of the employee's conviction record, the employer | ||
shall notify the employee in writing of the following: | ||
(a) notice of the disqualifying conviction or |
convictions that are the basis for the final decision | ||
and the employer's reasoning for the disqualification; | ||
(b) any existing procedure the employer has for the | ||
employee to challenge the decision or request | ||
reconsideration; and | ||
(c) the right to file a charge with the Department.
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Article 5. | ||
Section 5-5. The Business Corporation Act of 1983 is | ||
amended by changing Section 14.05 as follows:
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(805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
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Sec. 14.05. Annual report of domestic or foreign | ||
corporation. Each domestic corporation organized under any | ||
general law or
special act of this State authorizing the | ||
corporation to issue shares,
other than homestead | ||
associations, building and loan associations, banks
and | ||
insurance companies (which includes a syndicate or limited | ||
syndicate
regulated under Article V 1/2 of the Illinois | ||
Insurance Code or member of a
group of underwriters regulated | ||
under Article V of that Code), and each
foreign corporation | ||
(except members of a group of underwriters regulated
under | ||
Article V of the Illinois Insurance Code) authorized to | ||
transact
business in this State, shall file, within the time | ||
prescribed by this
Act, an annual report setting forth:
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(a) The name of the corporation.
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(b) The address, including street and number, or rural | ||
route number, of
its registered office in this State, and | ||
the name of its registered agent
at that address.
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(c) The address, including street and number, or rural | ||
route number, of
its principal office.
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(d) The names and respective addresses, including | ||
street and
number, or rural route number, of its directors | ||
and officers.
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(e) A statement of the aggregate number of shares which | ||
the corporation
has authority to issue, itemized by classes | ||
and series, if any, within a class.
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(f) A statement of the aggregate number of issued | ||
shares, itemized by
classes, and series, if any, within a | ||
class.
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(g) A statement, expressed in dollars, of the amount of | ||
paid-in capital
of the corporation as defined in this Act.
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(h) Either a statement that (1) all the property of the | ||
corporation is
located in this State and all of its | ||
business is transacted at or from places
of business in | ||
this State, or the corporation elects to pay the annual
| ||
franchise tax on the basis of its entire paid-in capital, | ||
or (2) a
statement, expressed in dollars, of the value of | ||
all the property owned by
the corporation, wherever | ||
located, and the value of the property located
within this | ||
State, and a statement, expressed in dollars, of the gross
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amount of business transacted by the corporation and the | ||
gross amount thereof
transacted by the corporation at or | ||
from places of business in this State
as of the close of | ||
its fiscal year on or immediately preceding the last day of
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the third month prior to the anniversary month or in the | ||
case of a
corporation which has established an extended | ||
filing month, as of the close
of its fiscal year on or | ||
immediately preceding the last day of the third month
prior | ||
to the extended filing month; however, in the case of a | ||
domestic
corporation that has not completed its first | ||
fiscal year, the statement with
respect to property owned | ||
shall be as of the last day of the third month
preceding | ||
the anniversary month and the statement with respect to | ||
business
transacted shall be furnished for the period | ||
between the date
of incorporation and the last day of the | ||
third month preceding the
anniversary month. In the case of | ||
a foreign corporation that has not been
authorized to | ||
transact business in this State for a period of 12 months | ||
and
has not commenced transacting business prior to | ||
obtaining
authority, the statement with respect to | ||
property owned shall be as of the
last day of the third | ||
month preceding the anniversary month and the
statement | ||
with respect to business transacted shall be furnished for | ||
the
period between the date of its authorization to | ||
transact business in this
State and the last day of the | ||
third month preceding the anniversary month.
If the data |
referenced in item (2) of this subsection is not completed,
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the franchise tax provided for in this Act shall be | ||
computed on the basis of
the entire paid-in capital.
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(i) A statement, including the basis therefor, of | ||
status as a
"minority-owned business" or as a "women-owned | ||
business" as those terms
are defined in the Business | ||
Enterprise for
Minorities, Women, and Persons with | ||
Disabilities Act.
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(j) Additional information as may be necessary or | ||
appropriate in
order to enable the Secretary of State to | ||
administer this Act and to verify
the proper amount of fees | ||
and franchise taxes payable by the corporation.
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(k) A statement of whether the corporation or foreign | ||
corporation has outstanding shares listed on a major United | ||
States stock exchange and is thereby subject to the | ||
reporting requirements of Section 8.12. | ||
(l) For those corporations subject to Section 8.12, a | ||
statement providing the information required under Section | ||
8.12. | ||
(m) For those corporations required to file an Employer | ||
Information Report EEO-1 with the Equal Employment | ||
Opportunity Commission, information that is substantially | ||
similar to the employment data reported under Section D of | ||
the corporation's EEO-1 in a format approved by the | ||
Secretary of State. For each corporation that submits data | ||
under this paragraph, the Secretary of State shall publish |
the data on the gender, race, and ethnicity of each | ||
corporation's employees on the Secretary of State's | ||
official website. The Secretary of State shall publish such | ||
information within 90 days of receipt of a properly filed | ||
annual report or as soon thereafter as practicable. | ||
The annual report shall be made on forms prescribed and | ||
furnished by
the Secretary of State, and the information | ||
therein required by paragraphs
(a) through (d), both inclusive, | ||
of this Section, shall be given as of the date
of the execution | ||
of the annual report and the information therein required
by | ||
paragraphs (e), (f), and (g) of this Section shall be given as | ||
of the
last day of the third month preceding the anniversary | ||
month, except that
the information required by paragraphs (e), | ||
(f), and (g) shall, in the case
of a corporation which has | ||
established an extended filing month, be given
in its final | ||
transition annual report and each subsequent annual report as
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of the close of its fiscal year on or immediately preceding the | ||
last day of the third month prior to its extended filing
month. | ||
The information required by paragraph (m) shall be included in | ||
the corporation's annual report filed on and after January 1, | ||
2023. It shall be executed by the corporation by its president, | ||
a
vice-president, secretary, assistant secretary, treasurer or | ||
other officer
duly authorized by the board of directors of the | ||
corporation to execute
those reports, and verified by him or | ||
her, or, if the corporation is in the
hands of a receiver or | ||
trustee, it shall be executed on behalf of the
corporation and |
verified by the receiver or trustee.
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(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18; | ||
100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
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Article 10. | ||
Section 10-1. 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 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.
| ||
(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 Office 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) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session prohibited | ||
from disclosure under the First Responders Suicide | ||
Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is exempt from disclosure under | ||
subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||
(Source: P.A. 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; 101-13, eff. | ||
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||
eff. 7-7-20.) | ||
Section 10-5. The State Finance Act is amended by adding | ||
Section 5.935 as follows: | ||
(30 ILCS 105/5.935 new) | ||
Sec. 5.935. The Equal Pay Registration Fund. | ||
Section 10-10. The Equal Pay Act of 2003 is amended by | ||
adding Section 11 as follows: | ||
(820 ILCS 112/11 new) | ||
Sec. 11. Equal pay registration certificate requirements; | ||
application. | ||
For the purposes of this Section 11 only, "business" means | ||
any private employer who has more than 100 employees in the | ||
State of Illinois, and does not include the State of Illinois | ||
or any political subdivision, municipal corporation, or other | ||
governmental unit or agency. | ||
(a) A business must obtain an equal pay registration | ||
certificate from the Department or certify in writing that it |
is exempt. | ||
(b) Any business subject to the requirements of this | ||
Section that is authorized to transact business in this State | ||
on the effective date of this amendatory Act of the 101st | ||
General Assembly must obtain an equal pay registration | ||
certificate within 3 years after the effective date of this | ||
amendatory Act of the 101st General Assembly and must recertify | ||
every 2 years thereafter. Any business subject to the | ||
requirements of this Section that is authorized to transact | ||
business in this State after the effective date of this | ||
amendatory Act of the 101st General Assembly must obtain an | ||
equal pay registration certificate within 3 years of commencing | ||
business operations and must recertify every 2 years | ||
thereafter. | ||
(c) Application. | ||
(1) A business shall apply for an equal pay | ||
registration certificate by paying a $150 filing fee and | ||
submitting an equal pay compliance statement to the | ||
Director. Any business that is required to file an annual | ||
Employer Information Report EEO-1 with the Equal | ||
Employment Opportunity Commission must also submit to the | ||
Director a copy of the business's most recently filed | ||
Employer Information Report EEO-1 for each county in which | ||
the
business has a facility or employees. The business | ||
shall also compile, from
records maintained and available, | ||
a list of all employees during the past calendar
year, |
separated by gender and the race and ethnicity categories | ||
as reported in the
business's most recently filed Employer | ||
Information Report EEO-1, and report the
total wages as | ||
defined by Section 2 of the Illinois Wage Payment and | ||
Collection Act
paid to each employee during the past | ||
calendar year, rounded to the nearest hundred
dollar, to | ||
the Director. The proceeds from the fees collected under | ||
this Section shall be deposited into the Equal Pay | ||
Registration Fund, a special fund created in the State | ||
treasury. Moneys in the Fund shall be appropriated to the | ||
Department for the purposes of this Section. The Director | ||
shall issue an equal pay registration certificate to a | ||
business that submits to the Director a statement signed by | ||
a corporate officer, legal counsel, or authorized agent of | ||
the business: | ||
(A) that the business is in compliance with Title | ||
VII of the Civil Rights Act of 1964, the Equal Pay Act | ||
of 1963, the Illinois Human Rights Act, the Equal Wage | ||
Act, and the Equal Pay Act of 2003; | ||
(B) that the average compensation for its female | ||
and minority employees is not consistently below the | ||
average compensation, as determined by rule by the | ||
United States Department of Labor, for its male and | ||
non-minority employees within each of the major job | ||
categories in the Employer Information Report EEO-1 | ||
for which an employee is expected to perform work under |
the contract, taking into account factors such as | ||
length of service, requirements of specific jobs, | ||
experience, skill, effort, responsibility, working | ||
conditions of the job, or other mitigating factors; as | ||
used in this subparagraph, "minority" has the meaning | ||
ascribed to that term in paragraph (1) of subsection | ||
(A) of Section 2 of the Business Enterprise for | ||
Minorities, Women, and Persons with Disabilities Act; | ||
(C) that the business does not restrict employees | ||
of one sex to certain job classifications and makes | ||
retention and promotion decisions without regard to | ||
sex; | ||
(D) that wage and benefit disparities are | ||
corrected when identified to ensure compliance with | ||
the Acts cited in subparagraph (A) and with | ||
subparagraph (B); and | ||
(E) how often wages and benefits are evaluated to | ||
ensure compliance with the Acts cited in subparagraph | ||
(A) and with subparagraph (B). | ||
(2) The equal pay compliance statement shall also | ||
indicate whether the business, in setting compensation and | ||
benefits, utilizes: | ||
(A) a market pricing approach; | ||
(B) State prevailing wage or union contract | ||
requirements; | ||
(C) a performance pay system; |
(D) an internal analysis; or | ||
(E) an alternative approach to determine what | ||
level of wages and benefits to pay its employees. If | ||
the business uses an alternative approach, the | ||
business must provide a description of its approach. | ||
(3) Receipt of the equal pay compliance statement by | ||
the Director does not establish compliance with the Acts | ||
set forth in subparagraph (A). | ||
A business that has employees in multiple locations or | ||
facilities in
Illinois shall submit a single application to the | ||
Department regarding all of its
operations in Illinois. | ||
(d) Issuance or rejection of registration certificate. The | ||
Director must issue an equal pay registration certificate, or a | ||
statement of why the application was rejected, within 45 | ||
calendar days of receipt of the application. An application may | ||
be rejected only if it does not comply with the requirements of | ||
subsection (c). The receipt of an application by the | ||
Department, or the issuance of a registration certificate by | ||
the Department, shall not establish compliance of the Equal Pay | ||
Act of 2003 as to all Sections except Section 11. The issuance | ||
of a registration certificate shall not be a defense against | ||
any Equal Pay Act violation found by the Department, nor a | ||
basis for mitigation of damages. | ||
(e) Revocation of registration certificate. An equal pay | ||
registration certificate for a business may be suspended or | ||
revoked by the Director when the business fails to make a good |
faith effort to comply with the Acts identified in subparagraph | ||
(A) of paragraph (1) of subsection (c), fails to make a good | ||
faith effort to comply with this Section, or has multiple | ||
violations of this Section or the Acts identified in | ||
subparagraph (A) of paragraph (1) of subsection (c). Prior to | ||
suspending or revoking a registration certificate, the | ||
Director must first have sought to conciliate with the business | ||
regarding wages and benefits due to employees. | ||
The Director, or his or her authorized representative, may | ||
interview workers, administer oaths, take or cause to be taken | ||
the depositions of witnesses, and require by subpoena the | ||
attendance and testimony of witnesses, and the production of | ||
all books, records, and other evidence relative to the matter | ||
under investigation or hearing. Such subpoena shall be signed | ||
and issued by the Director or his or her authorized | ||
representative. | ||
Upon request by the Director or his or her deputies or | ||
agents, records shall be copied and submitted for evidence at | ||
no cost to the Department. Every employer upon request shall | ||
furnish to the Director or his or her authorized | ||
representative, on demand, a sworn statement of the accuracy of | ||
the records. Any employer who refuses to furnish a sworn | ||
statement of the records is in violation of this Act. | ||
In case of failure of any person to comply with any | ||
subpoena lawfully issued under this Section or on the refusal | ||
of any witness to produce evidence or to testify to any matter |
regarding which he or she may be lawfully interrogated, it is | ||
the duty of any circuit court, upon application of the Director | ||
or his or her authorized representative, to compel obedience by | ||
proceedings for contempt, as in the case of disobedience of the | ||
requirements of a subpoena issued by such court or a refusal to | ||
testify therein. The Director may certify to official acts. | ||
Neither the Department nor the Director shall be held | ||
liable for good faith errors in issuing, denying, suspending or | ||
revoking certificates. | ||
(f) Administrative review. | ||
(1) A business may obtain an administrative hearing in | ||
accordance with the Illinois Administrative Procedure Act | ||
before the suspension or revocation of its certificate is | ||
effective by filing a written request for hearing within 20 | ||
calendar days after service of notice by the Director. | ||
(2) A business may obtain an administrative hearing in | ||
accordance with the Illinois Administrative Procedure Act | ||
before the contract award entity's abridgement or | ||
termination of a contract is effective by filing a written | ||
request for a hearing 20 calendar days after service of | ||
notice by the contract award entity. | ||
(g) Technical assistance. The Director must provide | ||
technical assistance to any business that requests assistance | ||
regarding this Section. | ||
(h) Audit. The Director may audit the business's compliance | ||
with this Section. As part of an audit, upon request, a |
business must provide the Director the following information | ||
with respect to employees expected to perform work under the | ||
contract in each of the major job categories in the Employer | ||
Information Report EEO-1: | ||
(1) number of male employees; | ||
(2) number of female employees; | ||
(3) average annualized salaries paid to male employees | ||
and to female employees, in the manner most consistent with | ||
the employer's compensation system, within each major job | ||
category; | ||
(4) information on performance payments, benefits, or | ||
other elements of compensation, in the manner most | ||
consistent with the employer's compensation system, if | ||
requested by the Director as part of a determination as to | ||
whether these elements of compensation are different for | ||
male and female employees; | ||
(5) average length of service for male and female | ||
employees in each major job category; and | ||
(6) other information identified by the business or by | ||
the Director, as needed, to determine compliance with items | ||
specified in paragraph (1) of subsection (c). | ||
(i) Access to data. Data submitted to the Director related | ||
to equal pay registration certificates or otherwise provided by | ||
an employer in its equal pay compliance statement under | ||
subsection (c) are private data on individuals or nonpublic | ||
data with respect to persons other than Department employees. |
The Director's decision to issue, not issue, revoke, or suspend | ||
an equal pay registration certificate is public data. | ||
(j) Penalty. The Department shall impose on any business | ||
that does not obtain an equal pay registration certificate as | ||
required under this Section, or whose equal pay registration | ||
certificate is suspended or revoked after a Department | ||
investigation, a civil penalty in an amount equal to 1% of the | ||
business's gross profits. | ||
Falsification or misrepresentation of information on an | ||
application submitted to the Department shall constitute a | ||
violation of this Act. | ||
(k) Whistleblower protection. As used in this subsection, | ||
"retaliatory action" means the reprimand, discharge, | ||
suspension, demotion, denial of promotion or transfer, or | ||
change in the terms and conditions of employment of any | ||
employee of a business that is taken in retaliation for the | ||
employee's involvement in a protected activity. | ||
(1) A business shall not take any retaliatory action | ||
against an employee of the business because the employee | ||
does any of the following: | ||
(A) Discloses or threatens to disclose to a | ||
supervisor or to a public body an activity, inaction, | ||
policy, or practice implemented by a business that the | ||
employee reasonably believes is in violation of a law, | ||
rule, or regulation. | ||
(B) Provides information to or testifies before |
any public body conducting an investigation, hearing, | ||
or inquiry into any violation of a law, rule, or | ||
regulation by a nursing home administrator. | ||
(C) Assists or participates in a proceeding to | ||
enforce the provisions of this Act. | ||
(2) A violation of this subsection (k) may be | ||
established only upon a finding that (i) the employee of | ||
the business engaged in conduct described in paragraph (1) | ||
of this subsection and (ii) this conduct was a contributing | ||
factor in the retaliatory action alleged by the employee. | ||
There is no violation of this Section, however, if the | ||
business demonstrates by clear and convincing evidence | ||
that it would have taken the same unfavorable personnel | ||
action in the absence of that conduct. | ||
(3) The employee of the business may be awarded all | ||
remedies necessary to make the employee whole and to | ||
prevent future violations of this Section. Remedies | ||
imposed by the court may include, but are not limited to, | ||
all of the following: | ||
(A) Reinstatement of the employee to either the | ||
same position held before the retaliatory action or to | ||
an equivalent position. | ||
(B) Two times the amount of back pay. | ||
(C) Interest on the back pay. | ||
(D) Reinstatement of full fringe benefits and | ||
seniority rights. |
(E) Payment of reasonable costs and attorney's | ||
fees. | ||
(4) Nothing in this Section shall be deemed to diminish | ||
the rights, privileges, or remedies of an employee of a | ||
business under any other federal or State law, rule, or | ||
regulation or under any employment contract.
| ||
Article 99. | ||
Section 99-99. Effective date. This Act takes effect upon | ||
becoming law. |