Bill Amendment: IL HB4867 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HUMAN RIGHTS-HEALTH DISC
Status: 2024-08-07 - Public Act . . . . . . . . . 103-0785 [HB4867 Detail]
Download: Illinois-2023-HB4867-House_Amendment_001.html
Bill Title: HUMAN RIGHTS-HEALTH DISC
Status: 2024-08-07 - Public Act . . . . . . . . . 103-0785 [HB4867 Detail]
Download: Illinois-2023-HB4867-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4867 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4867 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 2-101 and 2-102 as follows:
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6 | (775 ILCS 5/2-101) | ||||||
7 | Sec. 2-101. Definitions. The following definitions are | ||||||
8 | applicable strictly in the context of this Article. | ||||||
9 | (A) Employee. | ||||||
10 | (1) "Employee" includes: | ||||||
11 | (a) Any individual performing services for | ||||||
12 | remuneration within this State for an employer; | ||||||
13 | (b) An apprentice; | ||||||
14 | (c) An applicant for any apprenticeship. | ||||||
15 | For purposes of subsection (D) of Section 2-102 of | ||||||
16 | this Act, "employee" also includes an unpaid intern. An |
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1 | unpaid intern is a person who performs work for an | ||||||
2 | employer under the following circumstances: | ||||||
3 | (i) the employer is not committed to hiring the | ||||||
4 | person performing the work at the conclusion of the | ||||||
5 | intern's tenure; | ||||||
6 | (ii) the employer and the person performing the | ||||||
7 | work agree that the person is not entitled to wages for | ||||||
8 | the work performed; and | ||||||
9 | (iii) the work performed: | ||||||
10 | (I) supplements training given in an | ||||||
11 | educational environment that may enhance the | ||||||
12 | employability of the intern; | ||||||
13 | (II) provides experience for the benefit of | ||||||
14 | the person performing the work; | ||||||
15 | (III) does not displace regular employees; | ||||||
16 | (IV) is performed under the close supervision | ||||||
17 | of existing staff; and | ||||||
18 | (V) provides no immediate advantage to the | ||||||
19 | employer providing the training and may | ||||||
20 | occasionally impede the operations of the | ||||||
21 | employer. | ||||||
22 | (2) "Employee" does not include: | ||||||
23 | (a) (Blank); | ||||||
24 | (b) Individuals employed by persons who are not | ||||||
25 | "employers" as defined by this Act; | ||||||
26 | (c) Elected public officials or the members of |
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1 | their immediate personal staffs; | ||||||
2 | (d) Principal administrative officers of the State | ||||||
3 | or of any political subdivision, municipal corporation | ||||||
4 | or other governmental unit or agency; | ||||||
5 | (e) A person in a vocational rehabilitation | ||||||
6 | facility certified under federal law who has been | ||||||
7 | designated an evaluee, trainee, or work activity | ||||||
8 | client. | ||||||
9 | (B) Employer. | ||||||
10 | (1) "Employer" includes: | ||||||
11 | (a) Any person employing one or more employees | ||||||
12 | within Illinois during 20 or more calendar weeks | ||||||
13 | within the calendar year of or preceding the alleged | ||||||
14 | violation; | ||||||
15 | (b) Any person employing one or more employees | ||||||
16 | when a complainant alleges civil rights violation due | ||||||
17 | to unlawful discrimination based upon his or her | ||||||
18 | physical or mental disability unrelated to ability, | ||||||
19 | pregnancy, or sexual harassment; | ||||||
20 | (c) The State and any political subdivision, | ||||||
21 | municipal corporation or other governmental unit or | ||||||
22 | agency, without regard to the number of employees; | ||||||
23 | (d) Any party to a public contract without regard | ||||||
24 | to the number of employees; | ||||||
25 | (e) A joint apprenticeship or training committee | ||||||
26 | without regard to the number of employees. |
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1 | (2) "Employer" does not include any place of worship, | ||||||
2 | religious corporation, association, educational | ||||||
3 | institution, society, or non-profit nursing institution | ||||||
4 | conducted by and for those who rely upon treatment by | ||||||
5 | prayer through spiritual means in accordance with the | ||||||
6 | tenets of a recognized church or religious denomination | ||||||
7 | with respect to the employment of individuals of a | ||||||
8 | particular religion to perform work connected with the | ||||||
9 | carrying on by such place of worship, corporation, | ||||||
10 | association, educational institution, society or | ||||||
11 | non-profit nursing institution of its activities. | ||||||
12 | (C) Employment Agency. "Employment Agency" includes both | ||||||
13 | public and private employment agencies and any person, labor | ||||||
14 | organization, or labor union having a hiring hall or hiring | ||||||
15 | office regularly undertaking, with or without compensation, to | ||||||
16 | procure opportunities to work, or to procure, recruit, refer | ||||||
17 | or place employees. | ||||||
18 | (D) Labor Organization. "Labor Organization" includes any | ||||||
19 | organization, labor union, craft union, or any voluntary | ||||||
20 | unincorporated association designed to further the cause of | ||||||
21 | the rights of union labor which is constituted for the | ||||||
22 | purpose, in whole or in part, of collective bargaining or of | ||||||
23 | dealing with employers concerning grievances, terms or | ||||||
24 | conditions of employment, or apprenticeships or applications | ||||||
25 | for apprenticeships, or of other mutual aid or protection in | ||||||
26 | connection with employment, including apprenticeships or |
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1 | applications for apprenticeships. | ||||||
2 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
3 | unwelcome sexual advances or requests for sexual favors or any | ||||||
4 | conduct of a sexual nature when (1) submission to such conduct | ||||||
5 | is made either explicitly or implicitly a term or condition of | ||||||
6 | an individual's employment, (2) submission to or rejection of | ||||||
7 | such conduct by an individual is used as the basis for | ||||||
8 | employment decisions affecting such individual, or (3) such | ||||||
9 | conduct has the purpose or effect of substantially interfering | ||||||
10 | with an individual's work performance or creating an | ||||||
11 | intimidating, hostile or offensive working environment. | ||||||
12 | For purposes of this definition, the phrase "working | ||||||
13 | environment" is not limited to a physical location an employee | ||||||
14 | is assigned to perform his or her duties. | ||||||
15 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
16 | on the basis of an individual's actual or perceived race, | ||||||
17 | color, religion, national origin, ancestry, age, sex, marital | ||||||
18 | status, order of protection status, disability, military | ||||||
19 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
20 | from military service, citizenship status, or work | ||||||
21 | authorization status , or reproductive health decisions that | ||||||
22 | has the purpose or effect of substantially interfering with | ||||||
23 | the individual's work performance or creating an intimidating, | ||||||
24 | hostile, or offensive working environment. For purposes of | ||||||
25 | this definition, the phrase "working environment" is not | ||||||
26 | limited to a physical location an employee is assigned to |
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1 | perform his or her duties. | ||||||
2 | (F) Religion. "Religion" with respect to employers | ||||||
3 | includes all aspects of religious observance and practice, as | ||||||
4 | well as belief, unless an employer demonstrates that he is | ||||||
5 | unable to reasonably accommodate an employee's or prospective | ||||||
6 | employee's religious observance or practice without undue | ||||||
7 | hardship on the conduct of the employer's business. | ||||||
8 | (G) Public Employer. "Public employer" means the State, an | ||||||
9 | agency or department thereof, unit of local government, school | ||||||
10 | district, instrumentality or political subdivision. | ||||||
11 | (H) Public Employee. "Public employee" means an employee | ||||||
12 | of the State, agency or department thereof, unit of local | ||||||
13 | government, school district, instrumentality or political | ||||||
14 | subdivision. "Public employee" does not include public | ||||||
15 | officers or employees of the General Assembly or agencies | ||||||
16 | thereof. | ||||||
17 | (I) Public Officer. "Public officer" means a person who is | ||||||
18 | elected to office pursuant to the Constitution or a statute or | ||||||
19 | ordinance, or who is appointed to an office which is | ||||||
20 | established, and the qualifications and duties of which are | ||||||
21 | prescribed, by the Constitution or a statute or ordinance, to | ||||||
22 | discharge a public duty for the State, agency or department | ||||||
23 | thereof, unit of local government, school district, | ||||||
24 | instrumentality or political subdivision. | ||||||
25 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
26 | prior to contract award or prior to bid opening for State |
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1 | contracts for construction or construction-related services, | ||||||
2 | has filed with the Department a properly completed, sworn and | ||||||
3 | currently valid employer report form, pursuant to the | ||||||
4 | Department's regulations. The provisions of this Article | ||||||
5 | relating to eligible bidders apply only to bids on contracts | ||||||
6 | with the State and its departments, agencies, boards, and | ||||||
7 | commissions, and the provisions do not apply to bids on | ||||||
8 | contracts with units of local government or school districts. | ||||||
9 | (K) Citizenship Status. "Citizenship status" means the | ||||||
10 | status of being: | ||||||
11 | (1) a born U.S. citizen; | ||||||
12 | (2) a naturalized U.S. citizen; | ||||||
13 | (3) a U.S. national; or | ||||||
14 | (4) a person born outside the United States and not a | ||||||
15 | U.S. citizen who is lawfully present and who is protected | ||||||
16 | from discrimination under the provisions of Section 1324b | ||||||
17 | of Title 8 of the United States Code, as now or hereafter | ||||||
18 | amended. | ||||||
19 | (L) Work Authorization Status. "Work authorization status" | ||||||
20 | means the status of being a person born outside of the United | ||||||
21 | States, and not a U.S. citizen, who is authorized by the | ||||||
22 | federal government to work in the United States. | ||||||
23 | (M) Reproductive Health Decisions. "Reproductive health | ||||||
24 | decisions" means a person's decisions regarding the person's | ||||||
25 | use of: contraception; fertility or sterilization care; | ||||||
26 | miscarriage management care; health care related to the |
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1 | continuation or termination of pregnancy; or prenatal, | ||||||
2 | intranatal, or postnatal care. | ||||||
3 | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | ||||||
4 | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | ||||||
5 | 5-27-22.)
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6 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | ||||||
7 | Sec. 2-102. Civil rights violations - employment. It is a | ||||||
8 | civil rights violation: | ||||||
9 | (A) Employers. For any employer to refuse to hire, to | ||||||
10 | segregate, to engage in harassment as defined in | ||||||
11 | subsection (E-1) of Section 2-101, or to act with respect | ||||||
12 | to recruitment, hiring, promotion, renewal of employment, | ||||||
13 | selection for training or apprenticeship, discharge, | ||||||
14 | discipline, tenure or terms, privileges or conditions of | ||||||
15 | employment on the basis of unlawful discrimination, | ||||||
16 | citizenship status, or work authorization status , or | ||||||
17 | reproductive health decisions . An employer is responsible | ||||||
18 | for harassment by the employer's nonmanagerial and | ||||||
19 | nonsupervisory employees only if the employer becomes | ||||||
20 | aware of the conduct and fails to take reasonable | ||||||
21 | corrective measures. | ||||||
22 | (A-5) Language. For an employer to impose a | ||||||
23 | restriction that has the effect of prohibiting a language | ||||||
24 | from being spoken by an employee in communications that | ||||||
25 | are unrelated to the employee's duties. |
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1 | For the purposes of this subdivision (A-5), "language" | ||||||
2 | means a person's native tongue, such as Polish, Spanish, | ||||||
3 | or Chinese. "Language" does not include such things as | ||||||
4 | slang, jargon, profanity, or vulgarity. | ||||||
5 | (A-10) Harassment of nonemployees. For any employer, | ||||||
6 | employment agency, or labor organization to engage in | ||||||
7 | harassment of nonemployees in the workplace. An employer | ||||||
8 | is responsible for harassment of nonemployees by the | ||||||
9 | employer's nonmanagerial and nonsupervisory employees only | ||||||
10 | if the employer becomes aware of the conduct and fails to | ||||||
11 | take reasonable corrective measures. For the purposes of | ||||||
12 | this subdivision (A-10), "nonemployee" means a person who | ||||||
13 | is not otherwise an employee of the employer and is | ||||||
14 | directly performing services for the employer pursuant to | ||||||
15 | a contract with that employer. "Nonemployee" includes | ||||||
16 | contractors and consultants. This subdivision applies to | ||||||
17 | harassment occurring on or after the effective date of | ||||||
18 | this amendatory Act of the 101st General Assembly. | ||||||
19 | (B) Employment agency. For any employment agency to | ||||||
20 | fail or refuse to classify properly, accept applications | ||||||
21 | and register for employment referral or apprenticeship | ||||||
22 | referral, refer for employment, or refer for | ||||||
23 | apprenticeship on the basis of unlawful discrimination, | ||||||
24 | citizenship status, or work authorization status , or | ||||||
25 | reproductive health decisions or to accept from any person | ||||||
26 | any job order, requisition or request for referral of |
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1 | applicants for employment or apprenticeship which makes or | ||||||
2 | has the effect of making unlawful discrimination or | ||||||
3 | discrimination on the basis of citizenship status , or work | ||||||
4 | authorization status , or reproductive health decisions a | ||||||
5 | condition of referral. | ||||||
6 | (C) Labor organization. For any labor organization to | ||||||
7 | limit, segregate or classify its membership, or to limit | ||||||
8 | employment opportunities, selection and training for | ||||||
9 | apprenticeship in any trade or craft, or otherwise to | ||||||
10 | take, or fail to take, any action which affects adversely | ||||||
11 | any person's status as an employee or as an applicant for | ||||||
12 | employment or as an apprentice, or as an applicant for | ||||||
13 | apprenticeships, or wages, tenure, hours of employment or | ||||||
14 | apprenticeship conditions on the basis of unlawful | ||||||
15 | discrimination, citizenship status, or work authorization | ||||||
16 | status , or reproductive health decisions . | ||||||
17 | (D) Sexual harassment. For any employer, employee, | ||||||
18 | agent of any employer, employment agency or labor | ||||||
19 | organization to engage in sexual harassment; provided, | ||||||
20 | that an employer shall be responsible for sexual | ||||||
21 | harassment of the employer's employees by nonemployees or | ||||||
22 | nonmanagerial and nonsupervisory employees only if the | ||||||
23 | employer becomes aware of the conduct and fails to take | ||||||
24 | reasonable corrective measures. | ||||||
25 | (D-5) Sexual harassment of nonemployees. For any | ||||||
26 | employer, employee, agent of any employer, employment |
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1 | agency, or labor organization to engage in sexual | ||||||
2 | harassment of nonemployees in the workplace. An employer | ||||||
3 | is responsible for sexual harassment of nonemployees by | ||||||
4 | the employer's nonmanagerial and nonsupervisory employees | ||||||
5 | only if the employer becomes aware of the conduct and | ||||||
6 | fails to take reasonable corrective measures. For the | ||||||
7 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
8 | person who is not otherwise an employee of the employer | ||||||
9 | and is directly performing services for the employer | ||||||
10 | pursuant to a contract with that employer. "Nonemployee" | ||||||
11 | includes contractors and consultants. This subdivision | ||||||
12 | applies to sexual harassment occurring on or after the | ||||||
13 | effective date of this amendatory Act of the 101st General | ||||||
14 | Assembly. | ||||||
15 | (E) Public employers. For any public employer to | ||||||
16 | refuse to permit a public employee under its jurisdiction | ||||||
17 | who takes time off from work in order to practice his or | ||||||
18 | her religious beliefs to engage in work, during hours | ||||||
19 | other than such employee's regular working hours, | ||||||
20 | consistent with the operational needs of the employer and | ||||||
21 | in order to compensate for work time lost for such | ||||||
22 | religious reasons. Any employee who elects such deferred | ||||||
23 | work shall be compensated at the wage rate which he or she | ||||||
24 | would have earned during the originally scheduled work | ||||||
25 | period. The employer may require that an employee who | ||||||
26 | plans to take time off from work in order to practice his |
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1 | or her religious beliefs provide the employer with a | ||||||
2 | notice of his or her intention to be absent from work not | ||||||
3 | exceeding 5 days prior to the date of absence. | ||||||
4 | (E-5) Religious discrimination. For any employer to | ||||||
5 | impose upon a person as a condition of obtaining or | ||||||
6 | retaining employment, including opportunities for | ||||||
7 | promotion, advancement, or transfer, any terms or | ||||||
8 | conditions that would require such person to violate or | ||||||
9 | forgo a sincerely held practice of his or her religion | ||||||
10 | including, but not limited to, the wearing of any attire, | ||||||
11 | clothing, or facial hair in accordance with the | ||||||
12 | requirements of his or her religion, unless, after | ||||||
13 | engaging in a bona fide effort, the employer demonstrates | ||||||
14 | that it is unable to reasonably accommodate the employee's | ||||||
15 | or prospective employee's sincerely held religious belief, | ||||||
16 | practice, or observance without undue hardship on the | ||||||
17 | conduct of the employer's business. | ||||||
18 | Nothing in this Section prohibits an employer from | ||||||
19 | enacting a dress code or grooming policy that may include | ||||||
20 | restrictions on attire, clothing, or facial hair to | ||||||
21 | maintain workplace safety or food sanitation. | ||||||
22 | (F) Training and apprenticeship programs. For any | ||||||
23 | employer, employment agency or labor organization to | ||||||
24 | discriminate against a person on the basis of age in the | ||||||
25 | selection, referral for or conduct of apprenticeship or | ||||||
26 | training programs. |
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1 | (G) Immigration-related practices. | ||||||
2 | (1) for an employer to request for purposes of | ||||||
3 | satisfying the requirements of Section 1324a(b) of | ||||||
4 | Title 8 of the United States Code, as now or hereafter | ||||||
5 | amended, more or different documents than are required | ||||||
6 | under such Section or to refuse to honor documents | ||||||
7 | tendered that on their face reasonably appear to be | ||||||
8 | genuine or to refuse to honor work authorization based | ||||||
9 | upon the specific status or term of status that | ||||||
10 | accompanies the authorization to work; or | ||||||
11 | (2) for an employer participating in the E-Verify | ||||||
12 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
13 | Programs for Employment Eligibility Confirmation | ||||||
14 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
15 | refuse to hire, to segregate, or to act with respect to | ||||||
16 | recruitment, hiring, promotion, renewal of employment, | ||||||
17 | selection for training or apprenticeship, discharge, | ||||||
18 | discipline, tenure or terms, privileges or conditions | ||||||
19 | of employment without following the procedures under | ||||||
20 | the E-Verify Program. | ||||||
21 | (H) (Blank). | ||||||
22 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
23 | segregate, or to act with respect to recruitment, hiring, | ||||||
24 | promotion, renewal of employment, selection for training | ||||||
25 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
26 | privileges or conditions of employment on the basis of |
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1 | pregnancy, childbirth, or medical or common conditions | ||||||
2 | related to pregnancy or childbirth. Women affected by | ||||||
3 | pregnancy, childbirth, or medical or common conditions | ||||||
4 | related to pregnancy or childbirth shall be treated the | ||||||
5 | same for all employment-related purposes, including | ||||||
6 | receipt of benefits under fringe benefit programs, as | ||||||
7 | other persons not so affected but similar in their ability | ||||||
8 | or inability to work, regardless of the source of the | ||||||
9 | inability to work or employment classification or status. | ||||||
10 | (J) Pregnancy; reasonable accommodations. | ||||||
11 | (1) If after a job applicant or employee, | ||||||
12 | including a part-time, full-time, or probationary | ||||||
13 | employee, requests a reasonable accommodation, for an | ||||||
14 | employer to not make reasonable accommodations for any | ||||||
15 | medical or common condition of a job applicant or | ||||||
16 | employee related to pregnancy or childbirth, unless | ||||||
17 | the employer can demonstrate that the accommodation | ||||||
18 | would impose an undue hardship on the ordinary | ||||||
19 | operation of the business of the employer. The | ||||||
20 | employer may request documentation from the employee's | ||||||
21 | health care provider concerning the need for the | ||||||
22 | requested reasonable accommodation or accommodations | ||||||
23 | to the same extent documentation is requested for | ||||||
24 | conditions related to disability if the employer's | ||||||
25 | request for documentation is job-related and | ||||||
26 | consistent with business necessity. The employer may |
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1 | require only the medical justification for the | ||||||
2 | requested accommodation or accommodations, a | ||||||
3 | description of the reasonable accommodation or | ||||||
4 | accommodations medically advisable, the date the | ||||||
5 | reasonable accommodation or accommodations became | ||||||
6 | medically advisable, and the probable duration of the | ||||||
7 | reasonable accommodation or accommodations. It is the | ||||||
8 | duty of the individual seeking a reasonable | ||||||
9 | accommodation or accommodations to submit to the | ||||||
10 | employer any documentation that is requested in | ||||||
11 | accordance with this paragraph. Notwithstanding the | ||||||
12 | provisions of this paragraph, the employer may require | ||||||
13 | documentation by the employee's health care provider | ||||||
14 | to determine compliance with other laws. The employee | ||||||
15 | and employer shall engage in a timely, good faith, and | ||||||
16 | meaningful exchange to determine effective reasonable | ||||||
17 | accommodations. | ||||||
18 | (2) For an employer to deny employment | ||||||
19 | opportunities or benefits to or take adverse action | ||||||
20 | against an otherwise qualified job applicant or | ||||||
21 | employee, including a part-time, full-time, or | ||||||
22 | probationary employee, if the denial or adverse action | ||||||
23 | is based on the need of the employer to make reasonable | ||||||
24 | accommodations to the known medical or common | ||||||
25 | conditions related to the pregnancy or childbirth of | ||||||
26 | the applicant or employee. |
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1 | (3) For an employer to require a job applicant or | ||||||
2 | employee, including a part-time, full-time, or | ||||||
3 | probationary employee, affected by pregnancy, | ||||||
4 | childbirth, or medical or common conditions related to | ||||||
5 | pregnancy or childbirth to accept an accommodation | ||||||
6 | when the applicant or employee did not request an | ||||||
7 | accommodation and the applicant or employee chooses | ||||||
8 | not to accept the employer's accommodation. | ||||||
9 | (4) For an employer to require an employee, | ||||||
10 | including a part-time, full-time, or probationary | ||||||
11 | employee, to take leave under any leave law or policy | ||||||
12 | of the employer if another reasonable accommodation | ||||||
13 | can be provided to the known medical or common | ||||||
14 | conditions related to the pregnancy or childbirth of | ||||||
15 | an employee. No employer shall fail or refuse to | ||||||
16 | reinstate the employee affected by pregnancy, | ||||||
17 | childbirth, or medical or common conditions related to | ||||||
18 | pregnancy or childbirth to her original job or to an | ||||||
19 | equivalent position with equivalent pay and | ||||||
20 | accumulated seniority, retirement, fringe benefits, | ||||||
21 | and other applicable service credits upon her | ||||||
22 | signifying her intent to return or when her need for | ||||||
23 | reasonable accommodation ceases, unless the employer | ||||||
24 | can demonstrate that the accommodation would impose an | ||||||
25 | undue hardship on the ordinary operation of the | ||||||
26 | business of the employer. |
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1 | For the purposes of this subdivision (J), "reasonable | ||||||
2 | accommodations" means reasonable modifications or | ||||||
3 | adjustments to the job application process or work | ||||||
4 | environment, or to the manner or circumstances under which | ||||||
5 | the position desired or held is customarily performed, | ||||||
6 | that enable an applicant or employee affected by | ||||||
7 | pregnancy, childbirth, or medical or common conditions | ||||||
8 | related to pregnancy or childbirth to be considered for | ||||||
9 | the position the applicant desires or to perform the | ||||||
10 | essential functions of that position, and may include, but | ||||||
11 | is not limited to: more frequent or longer bathroom | ||||||
12 | breaks, breaks for increased water intake, and breaks for | ||||||
13 | periodic rest; private non-bathroom space for expressing | ||||||
14 | breast milk and breastfeeding; seating; assistance with | ||||||
15 | manual labor; light duty; temporary transfer to a less | ||||||
16 | strenuous or hazardous position; the provision of an | ||||||
17 | accessible worksite; acquisition or modification of | ||||||
18 | equipment; job restructuring; a part-time or modified work | ||||||
19 | schedule; appropriate adjustment or modifications of | ||||||
20 | examinations, training materials, or policies; | ||||||
21 | reassignment to a vacant position; time off to recover | ||||||
22 | from conditions related to childbirth; and leave | ||||||
23 | necessitated by pregnancy, childbirth, or medical or | ||||||
24 | common conditions resulting from pregnancy or childbirth. | ||||||
25 | For the purposes of this subdivision (J), "undue | ||||||
26 | hardship" means an action that is prohibitively expensive |
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1 | or disruptive when considered in light of the following | ||||||
2 | factors: (i) the nature and cost of the accommodation | ||||||
3 | needed; (ii) the overall financial resources of the | ||||||
4 | facility or facilities involved in the provision of the | ||||||
5 | reasonable accommodation, the number of persons employed | ||||||
6 | at the facility, the effect on expenses and resources, or | ||||||
7 | the impact otherwise of the accommodation upon the | ||||||
8 | operation of the facility; (iii) the overall financial | ||||||
9 | resources of the employer, the overall size of the | ||||||
10 | business of the employer with respect to the number of its | ||||||
11 | employees, and the number, type, and location of its | ||||||
12 | facilities; and (iv) the type of operation or operations | ||||||
13 | of the employer, including the composition, structure, and | ||||||
14 | functions of the workforce of the employer, the geographic | ||||||
15 | separateness, administrative, or fiscal relationship of | ||||||
16 | the facility or facilities in question to the employer. | ||||||
17 | The employer has the burden of proving undue hardship. The | ||||||
18 | fact that the employer provides or would be required to | ||||||
19 | provide a similar accommodation to similarly situated | ||||||
20 | employees creates a rebuttable presumption that the | ||||||
21 | accommodation does not impose an undue hardship on the | ||||||
22 | employer. | ||||||
23 | No employer is required by this subdivision (J) to | ||||||
24 | create additional employment that the employer would not | ||||||
25 | otherwise have created, unless the employer does so or | ||||||
26 | would do so for other classes of employees who need |
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1 | accommodation. The employer is not required to discharge | ||||||
2 | any employee, transfer any employee with more seniority, | ||||||
3 | or promote any employee who is not qualified to perform | ||||||
4 | the job, unless the employer does so or would do so to | ||||||
5 | accommodate other classes of employees who need it. | ||||||
6 | (K) Notice. | ||||||
7 | (1) For an employer to fail to post or keep posted | ||||||
8 | in a conspicuous location on the premises of the | ||||||
9 | employer where notices to employees are customarily | ||||||
10 | posted, or fail to include in any employee handbook | ||||||
11 | information concerning an employee's rights under this | ||||||
12 | Article, a notice, to be prepared or approved by the | ||||||
13 | Department, summarizing the requirements of this | ||||||
14 | Article and information pertaining to the filing of a | ||||||
15 | charge, including the right to be free from unlawful | ||||||
16 | discrimination, the right to be free from sexual | ||||||
17 | harassment, and the right to certain reasonable | ||||||
18 | accommodations. The Department shall make the | ||||||
19 | documents required under this paragraph available for | ||||||
20 | retrieval from the Department's website. | ||||||
21 | (2) Upon notification of a violation of paragraph | ||||||
22 | (1) of this subdivision (K), the Department may launch | ||||||
23 | a preliminary investigation. If the Department finds a | ||||||
24 | violation, the Department may issue a notice to show | ||||||
25 | cause giving the employer 30 days to correct the | ||||||
26 | violation. If the violation is not corrected, the |
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