Bill Text: IL HB0008 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Human Rights Act. Provides that with respect to employment, it is a civil rights violation for an employer to refuse to provide reasonable accommodations for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider. Provides that the term "reasonable accommodations" means actions which would permit such an employee to perform in a reasonable manner the activities involved in the job or occupation including an accessible worksite, acquisition or modification of equipment, job restructuring, and modified work schedule. Provides that the reasonable accommodations shall be undertaken provided that those actions do not impose an undue hardship on the business, program, or enterprise of the entity from which the actions are requested.
Spectrum: Strong Partisan Bill (Democrat 51-4)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1050 [HB0008 Detail]
Download: Illinois-2013-HB0008-Amended.html
Bill Title: Amends the Illinois Human Rights Act. Provides that with respect to employment, it is a civil rights violation for an employer to refuse to provide reasonable accommodations for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider. Provides that the term "reasonable accommodations" means actions which would permit such an employee to perform in a reasonable manner the activities involved in the job or occupation including an accessible worksite, acquisition or modification of equipment, job restructuring, and modified work schedule. Provides that the reasonable accommodations shall be undertaken provided that those actions do not impose an undue hardship on the business, program, or enterprise of the entity from which the actions are requested.
Spectrum: Strong Partisan Bill (Democrat 51-4)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1050 [HB0008 Detail]
Download: Illinois-2013-HB0008-Amended.html
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1 | AMENDMENT TO HOUSE BILL 8
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2 | AMENDMENT NO. ______. Amend House Bill 8, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
6 | changing Sections 1-103 and 2-102 as follows:
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7 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
8 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
9 | unless the
context requires otherwise, the term:
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10 | (A) Age. "Age" means the chronological age of a person who | ||||||
11 | is at least
40 years old, except with regard to any practice | ||||||
12 | described in Section
2-102, insofar as that practice concerns | ||||||
13 | training or apprenticeship
programs. In the case of training or | ||||||
14 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
15 | "age" means the chronological age of a person
who is 18 but not | ||||||
16 | yet 40 years old.
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1 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
2 | is alleged
or proved to have been injured by a civil rights | ||||||
3 | violation or believes he
or she will be injured by a civil | ||||||
4 | rights violation under Article 3 that is
about to occur.
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5 | (C) Charge. "Charge" means an allegation filed with the | ||||||
6 | Department
by an aggrieved party or initiated by the Department | ||||||
7 | under its
authority.
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8 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
9 | includes and
shall be limited to only those specific acts set | ||||||
10 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
11 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
12 | 6-101, and 6-102 of this Act.
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13 | (E) Commission. "Commission" means the Human Rights | ||||||
14 | Commission
created by this Act.
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15 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
16 | by
the Department with the Commission following an | ||||||
17 | investigation and
finding of substantial evidence of a civil | ||||||
18 | rights violation.
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19 | (G) Complainant. "Complainant" means a person including | ||||||
20 | the
Department who files a charge of civil rights violation | ||||||
21 | with the Department or
the Commission.
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22 | (H) Department. "Department" means the Department of Human | ||||||
23 | Rights
created by this Act.
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24 | (I) Disability. "Disability" means a determinable physical | ||||||
25 | or mental
characteristic of a person, including, but not | ||||||
26 | limited to, a determinable
physical characteristic which |
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1 | necessitates the person's use of a guide,
hearing or support | ||||||
2 | dog, the history of such characteristic, or the
perception of | ||||||
3 | such characteristic by the person complained against, which
may | ||||||
4 | result from disease, injury, congenital condition of birth or
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5 | functional disorder and which characteristic:
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6 | (1) For purposes of Article 2 is unrelated to the | ||||||
7 | person's ability
to perform the duties of a particular job | ||||||
8 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
9 | person's illegal use of drugs or alcohol is not a
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10 | disability;
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11 | (1.5) For purposes of Article 2, includes restrictions | ||||||
12 | caused by pregnancy, childbirth, or related medical | ||||||
13 | conditions; | ||||||
14 | (2) For purposes of Article 3, is unrelated to the | ||||||
15 | person's ability
to acquire, rent or maintain a housing | ||||||
16 | accommodation;
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17 | (3) For purposes of Article 4, is unrelated to a | ||||||
18 | person's ability to
repay;
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19 | (4) For purposes of Article 5, is unrelated to a | ||||||
20 | person's ability to
utilize and benefit from a place of | ||||||
21 | public accommodation;
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22 | (5) For purposes of Article 5, also includes any | ||||||
23 | mental, psychological, or developmental disability, | ||||||
24 | including autism spectrum disorders. | ||||||
25 | (J) Marital Status. "Marital status" means the legal status | ||||||
26 | of being
married, single, separated, divorced or widowed.
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1 | (J-1) Military Status. "Military status" means a person's | ||||||
2 | status on
active duty in or status as a veteran of the armed | ||||||
3 | forces of the United States, status as a current member or | ||||||
4 | veteran of any
reserve component of the armed forces of the | ||||||
5 | United States, including the United
States Army Reserve, United | ||||||
6 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
7 | States Air Force Reserve, and United States Coast Guard
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8 | Reserve, or status as a current member or veteran of the | ||||||
9 | Illinois Army National Guard or Illinois Air National
Guard.
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10 | (K) National Origin. "National origin" means the place in | ||||||
11 | which a
person or one of his or her ancestors was born.
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12 | (K-5) "Order of protection status" means a person's status | ||||||
13 | as being a person protected under an order of protection issued | ||||||
14 | pursuant to the Illinois Domestic Violence Act of 1986 or an | ||||||
15 | order of protection issued by a court of another state. | ||||||
16 | (L) Person. "Person" includes one or more individuals, | ||||||
17 | partnerships,
associations or organizations, labor | ||||||
18 | organizations, labor unions, joint
apprenticeship committees, | ||||||
19 | or union labor associations, corporations, the
State of | ||||||
20 | Illinois and its instrumentalities, political subdivisions, | ||||||
21 | units
of local government, legal representatives, trustees in | ||||||
22 | bankruptcy
or receivers.
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23 | (M) Public Contract. "Public contract" includes every | ||||||
24 | contract to which the
State, any of its political subdivisions | ||||||
25 | or any municipal corporation is a
party.
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26 | (N) Religion. "Religion" includes all aspects of religious |
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1 | observance
and practice, as well as belief, except that with | ||||||
2 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
3 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
4 | 2-101.
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5 | (O) Sex. "Sex" means the status of being male or female.
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6 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
7 | actual or
perceived heterosexuality, homosexuality, | ||||||
8 | bisexuality, or gender-related identity,
whether or not | ||||||
9 | traditionally associated with the person's designated sex at
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10 | birth. "Sexual orientation" does not include a physical or | ||||||
11 | sexual attraction to a minor by an adult.
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12 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
13 | discharge"
includes discharges from the Armed Forces of the | ||||||
14 | United States, their
Reserve components or any National Guard | ||||||
15 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
16 | thereof, but does not include those
characterized as RE-4 or | ||||||
17 | "Dishonorable".
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18 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
19 | means discrimination
against a person because of his or her | ||||||
20 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
21 | marital status, order of protection status, disability, | ||||||
22 | military status, sexual
orientation,
or unfavorable
discharge | ||||||
23 | from military service as those terms are defined in this | ||||||
24 | Section.
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25 | (Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; | ||||||
26 | 97-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
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1 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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2 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
3 | civil
rights violation:
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4 | (A) Employers. For any employer to refuse to hire, to | ||||||
5 | segregate, or
to act with respect to recruitment, hiring, | ||||||
6 | promotion, renewal of employment,
selection for training or | ||||||
7 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
8 | privileges or conditions of employment on the basis of unlawful
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9 | discrimination or citizenship status.
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10 | (A-5) Language. For an employer to impose a restriction | ||||||
11 | that has the
effect of prohibiting a language from being spoken | ||||||
12 | by an employee in
communications that are unrelated to the | ||||||
13 | employee's duties.
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14 | For the purposes of this subdivision (A-5), "language" | ||||||
15 | means a person's
native tongue, such as Polish, Spanish, or
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16 | Chinese.
"Language" does not include such things as slang, | ||||||
17 | jargon, profanity, or
vulgarity.
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18 | (B) Employment Agency. For any employment agency to fail or | ||||||
19 | refuse
to classify properly, accept applications and register | ||||||
20 | for employment
referral or apprenticeship referral, refer for | ||||||
21 | employment, or refer for
apprenticeship on the basis of | ||||||
22 | unlawful discrimination or citizenship
status or to accept from | ||||||
23 | any person any job order, requisition or request
for referral | ||||||
24 | of applicants for employment or apprenticeship which makes or
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25 | has the effect of making unlawful discrimination or |
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1 | discrimination on the
basis of citizenship status a condition | ||||||
2 | of referral.
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3 | (C) Labor Organization. For any labor organization to | ||||||
4 | limit,
segregate or classify its membership, or to limit | ||||||
5 | employment
opportunities, selection and training for | ||||||
6 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
7 | fail to take, any action which affects
adversely any person's | ||||||
8 | status as an employee or as an applicant for
employment or as | ||||||
9 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
10 | wages, tenure, hours of employment or apprenticeship | ||||||
11 | conditions on the
basis of unlawful discrimination or | ||||||
12 | citizenship status.
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13 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
14 | any employer,
employment agency or labor organization to engage | ||||||
15 | in sexual harassment;
provided, that an employer shall be | ||||||
16 | responsible for sexual harassment
of the employer's employees | ||||||
17 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
18 | only if the employer becomes aware of the conduct and fails to
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19 | take reasonable corrective measures.
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20 | (E) Public Employers. For any public employer to refuse to | ||||||
21 | permit a
public employee under its jurisdiction who takes time | ||||||
22 | off from work in
order to practice his or her religious beliefs | ||||||
23 | to engage in work, during hours
other than such employee's | ||||||
24 | regular working hours, consistent with the
operational needs of | ||||||
25 | the employer and in order to compensate for work time
lost for | ||||||
26 | such religious reasons. Any employee who elects such deferred
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1 | work shall be compensated at the wage rate which he or she | ||||||
2 | would have
earned during the originally scheduled work period. | ||||||
3 | The employer may
require that an employee who plans to take | ||||||
4 | time off from work in order to
practice his or her religious | ||||||
5 | beliefs provide the employer with a notice of
his or her | ||||||
6 | intention to be absent from work not exceeding 5 days prior to
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7 | the date of absence.
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8 | (F) Training and Apprenticeship Programs. For any | ||||||
9 | employer,
employment agency or labor organization to | ||||||
10 | discriminate against a person on
the basis of age in the | ||||||
11 | selection, referral for or conduct of apprenticeship
or | ||||||
12 | training programs.
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13 | (G) Immigration-Related Practices. | ||||||
14 | (1) for an employer to request for
purposes of | ||||||
15 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
16 | of
the United States Code, as now or hereafter amended, | ||||||
17 | more or different
documents than are required under such | ||||||
18 | Section or to refuse to honor
documents tendered that on | ||||||
19 | their face reasonably appear to be genuine; or
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20 | (2) for an employer participating in the E-Verify | ||||||
21 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
22 | Programs for Employment Eligibility Confirmation (enacted | ||||||
23 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
24 | hire, to segregate, or to act with respect to recruitment, | ||||||
25 | hiring, promotion, renewal of employment, selection for | ||||||
26 | training or apprenticeship, discharge, discipline, tenure |
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1 | or terms, privileges or conditions of employment without | ||||||
2 | following the procedures under the E-Verify Program. | ||||||
3 | (H) Pregnancy;
peace officers and fire fighters. For a | ||||||
4 | public employer to refuse to temporarily transfer a pregnant
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5 | female peace officer or pregnant
female fire fighter to a less | ||||||
6 | strenuous or hazardous position for the
duration of her | ||||||
7 | pregnancy if she so requests, with the advice of her
physician, | ||||||
8 | where that transfer can be reasonably accommodated. For the | ||||||
9 | purposes of this subdivision (H), "peace officer" and "fire | ||||||
10 | fighter" have the meanings ascribed to those terms in Section 3 | ||||||
11 | of the Illinois Public Labor Relations Act.
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12 | It is not a civil rights violation for an employer to take | ||||||
13 | any action
that is required by Section 1324a of Title 8 of the | ||||||
14 | United States Code, as
now or hereafter amended.
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15 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
16 | segregate, or to act with respect to recruitment, hiring, | ||||||
17 | promotion, renewal of employment, selection for training or | ||||||
18 | apprenticeship, discharge, discipline, tenure or terms, | ||||||
19 | privileges or conditions of employment on the basis of | ||||||
20 | pregnancy, childbirth, or related medical conditions. Women | ||||||
21 | restricted affected by pregnancy, childbirth, or related | ||||||
22 | medical conditions shall be treated the same for all | ||||||
23 | employment-related purposes, including receipt of benefits | ||||||
24 | under fringe benefit programs, as other persons with | ||||||
25 | disabilities who are similarly situated not so affected but | ||||||
26 | similar in their ability or inability to work . |
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1 | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)".
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