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| Public Act 098-1050
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| HB0008 Enrolled | LRB098 00001 AJO 30001 b |
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AN ACT concerning human rights.
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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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Section 5. Findings. The General Assembly finds and |
declares the following:
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(1) Current workplace laws are inadequate to protect |
pregnant workers from enjoying equal employment |
opportunities.
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(2) Because of inadequate protections, pregnant women |
who are temporarily limited in their abilities to perform |
their work functions because of pregnancy, childbirth, or |
conditions related to pregnancy or childbirth are often |
forced to take unpaid leave or are fired, despite the |
availability of reasonable accommodations that would allow |
them to continue to work. The most frequent accommodations |
involve limits on lifting, access to places to sit, and |
more frequent bathroom breaks.
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(3) Many pregnant women are single mothers or the |
primary breadwinners for their families. If one of these |
women loses her job, her whole family, and Illinois, |
suffers.
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(4) Employers are familiar with the reasonable |
accommodations framework. Indeed, employers are required |
to reasonably accommodate people with disabilities. Sadly, |
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many employers refuse to provide reasonable accommodations |
or decline to extend workplace injury policies to pregnant |
women.
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(5) Women are nearly 50% of all workers in Illinois and |
women of childbearing age are 54% of women workers. Failing |
to provide reasonable accommodations to pregnant women |
leads to lost wages, periods of unemployment, and lost |
employment opportunities and job benefits such as |
seniority, all of which have lifelong repercussions on |
women's economic security and advancement and the |
well-being of their families.
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(6) Most women work during pregnancy. By continuing to |
work, women can maintain and advance their economic |
security. Moreover, women who work during pregnancy may be |
able to take a longer period of leave following childbirth, |
which in turn facilitates breastfeeding, bonding with and |
caring for a new child, and recovering from childbirth.
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(7) Enabling pregnant workers to work through |
pregnancy is good for businesses. Providing pregnant |
employees with reasonable, temporary accommodations |
increases worker productivity, retention, and morale, |
decreases re-training costs, and reduces health care costs |
associated with pregnancy complications.
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Section 10. Purposes. The purposes of this Act are:
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(1) to promote the State's interest in eradicating |
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gender discrimination, including discrimination based on |
pregnancy, childbirth, or conditions related to pregnancy |
or childbirth, and in promoting women's equality;
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(2) to address the failure of existing laws to protect |
the employment rights of pregnant workers; and
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(3) to ensure full and equal participation for women in |
the labor force by requiring employers to provide |
reasonable accommodations to employees with conditions |
related to pregnancy or childbirth.
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Section 15. The Illinois Human Rights Act is amended by |
changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as |
follows:
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(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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Sec. 1-102. Declaration of Policy. It is the public policy |
of this State:
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(A) Freedom from Unlawful Discrimination. To secure for all |
individuals
within Illinois the freedom from discrimination |
against any individual because
of his or her race, color, |
religion, sex, national origin, ancestry, age, order of |
protection status,
marital status, physical or mental |
disability, military
status, sexual orientation, pregnancy, or |
unfavorable
discharge from military service in connection with |
employment, real estate
transactions, access to financial |
credit, and the availability of public
accommodations.
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(B) Freedom from Sexual Harassment-Employment and |
Elementary, Secondary, and Higher Education.
To prevent sexual |
harassment in employment and sexual harassment in
elementary, |
secondary, and higher education.
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(C) Freedom from Discrimination Based on Citizenship |
Status-Employment.
To prevent discrimination based on |
citizenship status in employment.
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(D) Freedom from Discrimination Based on Familial |
Status-Real Estate
Transactions. To prevent discrimination |
based on familial status in real
estate transactions.
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(E) Public Health, Welfare and Safety. To promote the |
public health,
welfare and safety by protecting the interest of |
all people in Illinois
in maintaining personal dignity, in |
realizing their full productive
capacities, and in furthering |
their interests, rights and privileges as
citizens of this |
State.
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(F) Implementation of Constitutional Guarantees. To secure |
and
guarantee the rights established by Sections 17, 18 and 19 |
of Article I
of the Illinois Constitution of 1970.
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(G) Equal Opportunity, Affirmative Action. To establish |
Equal
Opportunity and Affirmative Action as the policies of |
this State in all
of its decisions, programs and activities, |
and to assure that all State
departments, boards, commissions |
and instrumentalities rigorously take
affirmative action to |
provide equality of opportunity and eliminate the
effects of |
past discrimination in the internal affairs of State
government |
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and in their relations with the public.
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(H) Unfounded Charges. To protect citizens of this State |
against
unfounded charges of unlawful discrimination, sexual |
harassment in
employment and sexual harassment in elementary, |
secondary, and higher education, and discrimination
based on |
citizenship status in employment.
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(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10; |
96-1319, eff. 7-27-10.)
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(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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(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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(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 |
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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 |
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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 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, |
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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 |
race, color, religion, national origin,
ancestry, age, sex, |
marital status, order of protection status, disability, |
military status, sexual
orientation, pregnancy,
or unfavorable
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discharge from military service as those terms are defined in |
this Section.
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(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; |
97-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
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(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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Sec. 2-101. Definitions. The following definitions are |
applicable
strictly in the context of this Article.
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(A) Employee.
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(1) "Employee" includes:
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(a) Any individual performing services for |
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remuneration within this
State for an employer;
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(b) An apprentice;
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(c) An applicant for any apprenticeship.
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(2) "Employee" does not include:
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(a) Domestic servants in private homes;
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(b) Individuals employed by persons who are not |
"employers" as
defined by this Act;
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(c) Elected public officials or the members of |
their immediate
personal staffs;
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(d) Principal administrative officers of the State |
or of any
political subdivision, municipal corporation |
or other governmental unit
or agency;
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(e) A person in a vocational rehabilitation |
facility certified under
federal law who has been |
designated an evaluee, trainee, or work
activity |
client.
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(B) Employer.
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(1) "Employer" includes:
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(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
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violation;
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(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, |
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or
sexual harassment;
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(c) The State and any political subdivision, |
municipal corporation
or other governmental unit or |
agency, without regard to the number of
employees;
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(d) Any party to a public contract without regard |
to the number of
employees;
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(e) A joint apprenticeship or training committee |
without regard to the
number of employees.
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(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.
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(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.
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(D) Labor Organization. "Labor Organization" includes any
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organization, labor union, craft union, or any voluntary |
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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
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apprenticeships, or of other mutual aid or protection in |
connection with
employment, including apprenticeships or |
applications for apprenticeships.
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(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
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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.
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(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.
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(G) Public Employer. "Public employer" means the State, an |
agency or
department thereof, unit of local government, school |
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district,
instrumentality or political subdivision.
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(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.
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(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
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thereof, unit of local government, school district, |
instrumentality or
political subdivision.
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(J) Eligible Bidder. "Eligible bidder" means a person who, |
prior to a
bid opening, 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.
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(K) Citizenship Status. "Citizenship status" means the |
status of being:
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(1) a born U.S. citizen;
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(2) a naturalized U.S. citizen;
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(3) a U.S. national; or
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(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.
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(Source: P.A. 97-877, eff. 8-2-12.)
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(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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Sec. 2-102. Civil Rights Violations - Employment. It is a |
civil
rights violation:
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(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
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discrimination or citizenship status.
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(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.
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For the purposes of this subdivision (A-5), "language" |
means a person's
native tongue, such as Polish, Spanish, or
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Chinese.
"Language" does not include such things as slang, |
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jargon, profanity, or
vulgarity.
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(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
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has the effect of making unlawful discrimination or |
discrimination on the
basis of citizenship status a condition |
of referral.
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(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.
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(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 |
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only if the employer becomes aware of the conduct and fails to
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take reasonable corrective measures.
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(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
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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
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the date of absence.
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(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.
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(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 |
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Section or to refuse to honor
documents tendered that on |
their face reasonably appear to be genuine; or
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(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). Pregnancy;
peace officers and fire fighters. |
For a public employer to refuse to temporarily transfer a |
pregnant
female peace officer or pregnant
female fire fighter |
to a less strenuous or hazardous position for the
duration of |
her pregnancy if she so requests, with the advice of her
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physician, where that transfer can be reasonably accommodated. |
For the purposes of this subdivision (H), "peace officer" and |
"fire fighter" have the meanings ascribed to those terms in |
Section 3 of the Illinois Public Labor Relations Act.
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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.
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(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 |
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apprenticeship, discharge, discipline, tenure or terms, |
privileges or conditions of employment on the basis of |
pregnancy, childbirth, or related medical or common conditions |
related to pregnancy or childbirth. Women affected by |
pregnancy, childbirth, or related 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 |
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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 |
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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 |
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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 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. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
|
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
|
Sec. 6-101. Additional Civil Rights Violations. It is a |
civil rights
violation for a person, or for two or more persons |
to conspire, to:
|
(A) Retaliation. Retaliate against a person because he |
or she has
opposed that which he or she reasonably and in |
good faith believes to be
unlawful discrimination, sexual |
|
harassment in employment or sexual
harassment in |
elementary, secondary, and higher
education, |
discrimination based on citizenship status
in employment, |
or because he or she has made a charge, filed a complaint,
|
testified, assisted, or participated in an investigation, |
proceeding, or
hearing under this Act, or because he or she |
has requested, attempted to request, used, or attempted to |
use a reasonable accommodation as allowed by this Act;
|
(B) Aiding and Abetting; Coercion. Aid, abet, compel or |
coerce a
person to commit any violation of this Act;
|
(C) Interference. Wilfully interfere with the |
performance of a duty
or the exercise of a power by the |
Commission or one of its members or
representatives or the |
Department or one of its officers or employees.
|
Definitions. For the purposes of this Section, "sexual
|
harassment" and "citizenship status" shall have the same |
meaning as defined in
Section 2-101 of this Act.
|
(Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)
|
