Public Act 93-0217

SB679 Enrolled                       LRB093 10734 WGH 11124 b

    AN ACT concerning human rights.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Illinois Human Rights Act is amended by
changing Section 2-102 as follows:

    (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, 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.
    (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.
    (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.
    (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.
    (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.   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.
    It is not a civil rights violation  for  an  employer  to
take  any action that is required by Section 1324a of Title 8
of the United States Code, as now or hereafter amended.
(Source: P.A. 87-579.)