Bill Text: IL HB0008 | 2013-2014 | 98th General Assembly | Engrossed
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-Engrossed.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-Engrossed.html
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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. Findings. The General Assembly finds and | ||||||
5 | declares the following:
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6 | (1) Current workplace laws are inadequate to protect | ||||||
7 | pregnant workers from enjoying equal employment | ||||||
8 | opportunities.
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9 | (2) Because of inadequate protections, pregnant women | ||||||
10 | who are temporarily limited in their abilities to perform | ||||||
11 | their work functions because of pregnancy, childbirth, or | ||||||
12 | conditions related to pregnancy or childbirth are often | ||||||
13 | forced to take unpaid leave or are fired, despite the | ||||||
14 | availability of reasonable accommodations that would allow | ||||||
15 | them to continue to work. The most frequent accommodations | ||||||
16 | involve limits on lifting, access to places to sit, and | ||||||
17 | more frequent bathroom breaks.
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18 | (3) Many pregnant women are single mothers or the | ||||||
19 | primary breadwinners for their families. If one of these | ||||||
20 | women loses her job, her whole family, and Illinois, | ||||||
21 | suffers.
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22 | (4) Employers are familiar with the reasonable | ||||||
23 | accommodations framework. Indeed, employers are required | ||||||
24 | to reasonably accommodate people with disabilities and |
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1 | employees injured on the job. Sadly, many employers refuse | ||||||
2 | to provide reasonable accommodations or decline to extend | ||||||
3 | workplace injury policies to pregnant women.
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4 | (5) Women are nearly 50% of all workers in Illinois and | ||||||
5 | women of childbearing age are 54% of women workers. Failing | ||||||
6 | to provide reasonable accommodations to pregnant women | ||||||
7 | leads to lost wages, periods of unemployment, and lost | ||||||
8 | employment opportunities and job benefits such as | ||||||
9 | seniority, all of which have lifelong repercussions on | ||||||
10 | women's economic security and advancement and the | ||||||
11 | well-being of their families.
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12 | (6) Most women work during pregnancy. By continuing to | ||||||
13 | work, women can maintain and advance their economic | ||||||
14 | security. Moreover, women who work during pregnancy may be | ||||||
15 | able to take a longer period of leave following childbirth, | ||||||
16 | which in turn facilitates breastfeeding, bonding with and | ||||||
17 | caring for a new child, and recovering from childbirth.
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18 | (7) Enabling pregnant workers to work through | ||||||
19 | pregnancy is good for businesses. Providing pregnant | ||||||
20 | employees with reasonable, temporary accommodations | ||||||
21 | increases worker productivity, retention, and morale, | ||||||
22 | decreases re-training costs, and reduces health care costs | ||||||
23 | associated with pregnancy complications.
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24 | Section 10. Purposes. The purposes of this Act are:
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25 | (1) to promote the State's interest in eradicating |
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1 | gender discrimination, including discrimination based on | ||||||
2 | pregnancy, childbirth, or conditions related to pregnancy | ||||||
3 | or childbirth, and in promoting women's equality;
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4 | (2) to address the failure of existing laws to protect | ||||||
5 | the employment rights of pregnant workers; and
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6 | (3) to ensure full and equal participation for women in | ||||||
7 | the labor force by requiring employers to provide | ||||||
8 | reasonable accommodations to employees with conditions | ||||||
9 | related to pregnancy or childbirth.
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10 | Section 15. The Illinois Human Rights Act is amended by | ||||||
11 | changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as | ||||||
12 | follows:
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13 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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14 | Sec. 1-102. Declaration of Policy. It is the public policy | ||||||
15 | of this State:
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16 | (A) Freedom from Unlawful Discrimination. To secure for all | ||||||
17 | individuals
within Illinois the freedom from discrimination | ||||||
18 | against any individual because
of his or her race, color, | ||||||
19 | religion, sex, national origin, ancestry, age, order of | ||||||
20 | protection status,
marital status, physical or mental | ||||||
21 | disability, military
status, sexual orientation, pregnancy, or | ||||||
22 | unfavorable
discharge from military service in connection with | ||||||
23 | employment, real estate
transactions, access to financial | ||||||
24 | credit, and the availability of public
accommodations.
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1 | (B) Freedom from Sexual Harassment-Employment and | ||||||
2 | Elementary, Secondary, and Higher Education.
To prevent sexual | ||||||
3 | harassment in employment and sexual harassment in
elementary, | ||||||
4 | secondary, and higher education.
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5 | (C) Freedom from Discrimination Based on Citizenship | ||||||
6 | Status-Employment.
To prevent discrimination based on | ||||||
7 | citizenship status in employment.
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8 | (D) Freedom from Discrimination Based on Familial | ||||||
9 | Status-Real Estate
Transactions. To prevent discrimination | ||||||
10 | based on familial status in real
estate transactions.
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11 | (E) Public Health, Welfare and Safety. To promote the | ||||||
12 | public health,
welfare and safety by protecting the interest of | ||||||
13 | all people in Illinois
in maintaining personal dignity, in | ||||||
14 | realizing their full productive
capacities, and in furthering | ||||||
15 | their interests, rights and privileges as
citizens of this | ||||||
16 | State.
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17 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
18 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
19 | of Article I
of the Illinois Constitution of 1970.
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20 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
21 | Equal
Opportunity and Affirmative Action as the policies of | ||||||
22 | this State in all
of its decisions, programs and activities, | ||||||
23 | and to assure that all State
departments, boards, commissions | ||||||
24 | and instrumentalities rigorously take
affirmative action to | ||||||
25 | provide equality of opportunity and eliminate the
effects of | ||||||
26 | past discrimination in the internal affairs of State
government |
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1 | and in their relations with the public.
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2 | (H) Unfounded Charges. To protect citizens of this State | ||||||
3 | against
unfounded charges of unlawful discrimination, sexual | ||||||
4 | harassment in
employment and sexual harassment in elementary, | ||||||
5 | secondary, and higher education, and discrimination
based on | ||||||
6 | citizenship status in employment.
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7 | (Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10; | ||||||
8 | 96-1319, eff. 7-27-10.)
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9 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
10 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
11 | unless the
context requires otherwise, the term:
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12 | (A) Age. "Age" means the chronological age of a person who | ||||||
13 | is at least
40 years old, except with regard to any practice | ||||||
14 | described in Section
2-102, insofar as that practice concerns | ||||||
15 | training or apprenticeship
programs. In the case of training or | ||||||
16 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
17 | "age" means the chronological age of a person
who is 18 but not | ||||||
18 | yet 40 years old.
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19 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
20 | is alleged
or proved to have been injured by a civil rights | ||||||
21 | violation or believes he
or she will be injured by a civil | ||||||
22 | rights violation under Article 3 that is
about to occur.
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23 | (C) Charge. "Charge" means an allegation filed with the | ||||||
24 | Department
by an aggrieved party or initiated by the Department | ||||||
25 | under its
authority.
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1 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
2 | includes and
shall be limited to only those specific acts set | ||||||
3 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
4 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
5 | 6-101, and 6-102 of this Act.
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6 | (E) Commission. "Commission" means the Human Rights | ||||||
7 | Commission
created by this Act.
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8 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
9 | by
the Department with the Commission following an | ||||||
10 | investigation and
finding of substantial evidence of a civil | ||||||
11 | rights violation.
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12 | (G) Complainant. "Complainant" means a person including | ||||||
13 | the
Department who files a charge of civil rights violation | ||||||
14 | with the Department or
the Commission.
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15 | (H) Department. "Department" means the Department of Human | ||||||
16 | Rights
created by this Act.
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17 | (I) Disability. "Disability" means a determinable physical | ||||||
18 | or mental
characteristic of a person, including, but not | ||||||
19 | limited to, a determinable
physical characteristic which | ||||||
20 | necessitates the person's use of a guide,
hearing or support | ||||||
21 | dog, the history of such characteristic, or the
perception of | ||||||
22 | such characteristic by the person complained against, which
may | ||||||
23 | result from disease, injury, congenital condition of birth or
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24 | functional disorder and which characteristic:
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25 | (1) For purposes of Article 2 is unrelated to the | ||||||
26 | person's ability
to perform the duties of a particular job |
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1 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
2 | person's illegal use of drugs or alcohol is not a
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3 | disability;
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4 | (2) For purposes of Article 3, is unrelated to the | ||||||
5 | person's ability
to acquire, rent or maintain a housing | ||||||
6 | accommodation;
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7 | (3) For purposes of Article 4, is unrelated to a | ||||||
8 | person's ability to
repay;
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9 | (4) For purposes of Article 5, is unrelated to a | ||||||
10 | person's ability to
utilize and benefit from a place of | ||||||
11 | public accommodation;
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12 | (5) For purposes of Article 5, also includes any | ||||||
13 | mental, psychological, or developmental disability, | ||||||
14 | including autism spectrum disorders. | ||||||
15 | (J) Marital Status. "Marital status" means the legal status | ||||||
16 | of being
married, single, separated, divorced or widowed.
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17 | (J-1) Military Status. "Military status" means a person's | ||||||
18 | status on
active duty in or status as a veteran of the armed | ||||||
19 | forces of the United States, status as a current member or | ||||||
20 | veteran of any
reserve component of the armed forces of the | ||||||
21 | United States, including the United
States Army Reserve, United | ||||||
22 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
23 | States Air Force Reserve, and United States Coast Guard
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24 | Reserve, or status as a current member or veteran of the | ||||||
25 | Illinois Army National Guard or Illinois Air National
Guard.
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26 | (K) National Origin. "National origin" means the place in |
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1 | which a
person or one of his or her ancestors was born.
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2 | (K-5) "Order of protection status" means a person's status | ||||||
3 | as being a person protected under an order of protection issued | ||||||
4 | pursuant to the Illinois Domestic Violence Act of 1986 or an | ||||||
5 | order of protection issued by a court of another state. | ||||||
6 | (L) Person. "Person" includes one or more individuals, | ||||||
7 | partnerships,
associations or organizations, labor | ||||||
8 | organizations, labor unions, joint
apprenticeship committees, | ||||||
9 | or union labor associations, corporations, the
State of | ||||||
10 | Illinois and its instrumentalities, political subdivisions, | ||||||
11 | units
of local government, legal representatives, trustees in | ||||||
12 | bankruptcy
or receivers.
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13 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
14 | or conditions related to pregnancy or childbirth. | ||||||
15 | (M) Public Contract. "Public contract" includes every | ||||||
16 | contract to which the
State, any of its political subdivisions | ||||||
17 | or any municipal corporation is a
party.
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18 | (N) Religion. "Religion" includes all aspects of religious | ||||||
19 | observance
and practice, as well as belief, except that with | ||||||
20 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
21 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
22 | 2-101.
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23 | (O) Sex. "Sex" means the status of being male or female.
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24 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
25 | actual or
perceived heterosexuality, homosexuality, | ||||||
26 | bisexuality, or gender-related identity,
whether or not |
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1 | traditionally associated with the person's designated sex at
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2 | birth. "Sexual orientation" does not include a physical or | ||||||
3 | sexual attraction to a minor by an adult.
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4 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
5 | discharge"
includes discharges from the Armed Forces of the | ||||||
6 | United States, their
Reserve components or any National Guard | ||||||
7 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
8 | thereof, but does not include those
characterized as RE-4 or | ||||||
9 | "Dishonorable".
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10 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
11 | means discrimination
against a person because of his or her | ||||||
12 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
13 | marital status, order of protection status, disability, | ||||||
14 | military status, sexual
orientation, pregnancy,
or unfavorable
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15 | discharge from military service as those terms are defined in | ||||||
16 | this Section.
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17 | (Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; | ||||||
18 | 97-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
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19 | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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20 | Sec. 2-101. Definitions. The following definitions are | ||||||
21 | applicable
strictly in the context of this Article.
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22 | (A) Employee.
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23 | (1) "Employee" includes:
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24 | (a) Any individual performing services for | ||||||
25 | remuneration within this
State for an employer;
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1 | (b) An apprentice;
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2 | (c) An applicant for any apprenticeship.
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3 | (2) "Employee" does not include:
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4 | (a) Domestic servants in private homes;
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5 | (b) Individuals employed by persons who are not | ||||||
6 | "employers" as
defined by this Act;
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7 | (c) Elected public officials or the members of | ||||||
8 | their immediate
personal staffs;
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9 | (d) Principal administrative officers of the State | ||||||
10 | or of any
political subdivision, municipal corporation | ||||||
11 | or other governmental unit
or agency;
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12 | (e) A person in a vocational rehabilitation | ||||||
13 | facility certified under
federal law who has been | ||||||
14 | designated an evaluee, trainee, or work
activity | ||||||
15 | client.
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16 | (B) Employer.
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17 | (1) "Employer" includes:
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18 | (a) Any person employing 15 or more employees | ||||||
19 | within Illinois during
20 or more calendar weeks within | ||||||
20 | the calendar year of or preceding the alleged
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21 | violation;
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22 | (b) Any person employing one or more employees when | ||||||
23 | a complainant
alleges civil rights violation due to | ||||||
24 | unlawful discrimination based
upon his or her physical | ||||||
25 | or mental disability unrelated to ability , pregnancy, | ||||||
26 | or
sexual harassment;
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1 | (c) The State and any political subdivision, | ||||||
2 | municipal corporation
or other governmental unit or | ||||||
3 | agency, without regard to the number of
employees;
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4 | (d) Any party to a public contract without regard | ||||||
5 | to the number of
employees;
| ||||||
6 | (e) A joint apprenticeship or training committee | ||||||
7 | without regard to the
number of employees.
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8 | (2) "Employer" does not include any religious | ||||||
9 | corporation,
association, educational institution, | ||||||
10 | society, or non-profit nursing
institution conducted by | ||||||
11 | and for those who rely upon treatment by prayer
through | ||||||
12 | spiritual means in accordance with the tenets of a | ||||||
13 | recognized
church or religious denomination with respect | ||||||
14 | to the employment of
individuals of a particular religion | ||||||
15 | to perform work connected with the
carrying on by such | ||||||
16 | corporation, association, educational institution,
society | ||||||
17 | or non-profit nursing institution of its activities.
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18 | (C) Employment Agency. "Employment Agency" includes both | ||||||
19 | public and
private employment agencies and any person, labor | ||||||
20 | organization, or labor
union having a hiring hall or hiring | ||||||
21 | office regularly undertaking, with
or without compensation, to | ||||||
22 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
23 | place employees.
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24 | (D) Labor Organization. "Labor Organization" includes any
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25 | organization, labor union, craft union, or any voluntary | ||||||
26 | unincorporated
association designed to further the cause of the |
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1 | rights of union labor
which is constituted for the purpose, in | ||||||
2 | whole or in part, of collective
bargaining or of dealing with | ||||||
3 | employers concerning grievances, terms or
conditions of | ||||||
4 | employment, or apprenticeships or applications for
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5 | apprenticeships, or of other mutual aid or protection in | ||||||
6 | connection with
employment, including apprenticeships or | ||||||
7 | applications for apprenticeships.
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8 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
9 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
10 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
11 | is made either explicitly or implicitly
a term or condition of | ||||||
12 | an individual's employment, (2) submission to or
rejection of | ||||||
13 | such conduct by an individual is used as the basis for
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14 | employment decisions affecting such individual, or (3) such | ||||||
15 | conduct has the
purpose or effect of substantially interfering | ||||||
16 | with an individual's work
performance or creating an | ||||||
17 | intimidating, hostile or offensive working
environment.
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18 | (F) Religion. "Religion" with respect to employers | ||||||
19 | includes all
aspects of religious observance and practice, as | ||||||
20 | well as belief, unless an
employer demonstrates that he is | ||||||
21 | unable to reasonably accommodate an
employee's or prospective | ||||||
22 | employee's religious observance or practice
without undue | ||||||
23 | hardship on the conduct of the employer's business.
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24 | (G) Public Employer. "Public employer" means the State, an | ||||||
25 | agency or
department thereof, unit of local government, school | ||||||
26 | district,
instrumentality or political subdivision.
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1 | (H) Public Employee. "Public employee" means an employee of | ||||||
2 | the State,
agency or department thereof, unit of local | ||||||
3 | government, school district,
instrumentality or political | ||||||
4 | subdivision. "Public employee" does not include
public | ||||||
5 | officers or employees of the General Assembly or agencies | ||||||
6 | thereof.
| ||||||
7 | (I) Public Officer. "Public officer" means a person who is | ||||||
8 | elected to
office pursuant to the Constitution or a statute or | ||||||
9 | ordinance, or who is
appointed to an office which is | ||||||
10 | established, and the qualifications and
duties of which are | ||||||
11 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
12 | discharge a public duty for the State, agency or department
| ||||||
13 | thereof, unit of local government, school district, | ||||||
14 | instrumentality or
political subdivision.
| ||||||
15 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
16 | prior to a
bid opening, has filed with the Department a | ||||||
17 | properly completed, sworn and
currently valid employer report | ||||||
18 | form, pursuant to the Department's regulations.
The provisions | ||||||
19 | of this Article relating to eligible bidders apply only
to bids | ||||||
20 | on contracts with the State and its departments, agencies, | ||||||
21 | boards,
and commissions, and the provisions do not apply to | ||||||
22 | bids on contracts with
units of local government or school | ||||||
23 | districts.
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24 | (K) Citizenship Status. "Citizenship status" means the | ||||||
25 | status of being:
| ||||||
26 | (1) a born U.S. citizen;
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| |||||||
1 | (2) a naturalized U.S. citizen;
| ||||||
2 | (3) a U.S. national; or
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3 | (4) a person born outside the United States and not a | ||||||
4 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
5 | protected from discrimination under
the provisions of | ||||||
6 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
7 | or hereafter amended.
| ||||||
8 | (Source: P.A. 97-877, eff. 8-2-12.)
| ||||||
9 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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10 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
11 | civil
rights violation:
| ||||||
12 | (A) Employers. For any employer to refuse to hire, to | ||||||
13 | segregate, or
to act with respect to recruitment, hiring, | ||||||
14 | promotion, renewal of employment,
selection for training or | ||||||
15 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
16 | privileges or conditions of employment on the basis of unlawful
| ||||||
17 | discrimination or citizenship status.
| ||||||
18 | (A-5) Language. For an employer to impose a restriction | ||||||
19 | that has the
effect of prohibiting a language from being spoken | ||||||
20 | by an employee in
communications that are unrelated to the | ||||||
21 | employee's duties.
| ||||||
22 | For the purposes of this subdivision (A-5), "language" | ||||||
23 | means a person's
native tongue, such as Polish, Spanish, or
| ||||||
24 | Chinese.
"Language" does not include such things as slang, | ||||||
25 | jargon, profanity, or
vulgarity.
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1 | (B) Employment Agency. For any employment agency to fail or | ||||||
2 | refuse
to classify properly, accept applications and register | ||||||
3 | for employment
referral or apprenticeship referral, refer for | ||||||
4 | employment, or refer for
apprenticeship on the basis of | ||||||
5 | unlawful discrimination or citizenship
status or to accept from | ||||||
6 | any person any job order, requisition or request
for referral | ||||||
7 | of applicants for employment or apprenticeship which makes or
| ||||||
8 | has the effect of making unlawful discrimination or | ||||||
9 | discrimination on the
basis of citizenship status a condition | ||||||
10 | of referral.
| ||||||
11 | (C) Labor Organization. For any labor organization to | ||||||
12 | limit,
segregate or classify its membership, or to limit | ||||||
13 | employment
opportunities, selection and training for | ||||||
14 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
15 | fail to take, any action which affects
adversely any person's | ||||||
16 | status as an employee or as an applicant for
employment or as | ||||||
17 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
18 | wages, tenure, hours of employment or apprenticeship | ||||||
19 | conditions on the
basis of unlawful discrimination or | ||||||
20 | citizenship status.
| ||||||
21 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
22 | any employer,
employment agency or labor organization to engage | ||||||
23 | in sexual harassment;
provided, that an employer shall be | ||||||
24 | responsible for sexual harassment
of the employer's employees | ||||||
25 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
26 | only if the employer becomes aware of the conduct and fails to
|
| |||||||
| |||||||
1 | take reasonable corrective measures.
| ||||||
2 | (E) Public Employers. For any public employer to refuse to | ||||||
3 | permit a
public employee under its jurisdiction who takes time | ||||||
4 | off from work in
order to practice his or her religious beliefs | ||||||
5 | to engage in work, during hours
other than such employee's | ||||||
6 | regular working hours, consistent with the
operational needs of | ||||||
7 | the employer and in order to compensate for work time
lost for | ||||||
8 | such religious reasons. Any employee who elects such deferred
| ||||||
9 | work shall be compensated at the wage rate which he or she | ||||||
10 | would have
earned during the originally scheduled work period. | ||||||
11 | The employer may
require that an employee who plans to take | ||||||
12 | time off from work in order to
practice his or her religious | ||||||
13 | beliefs provide the employer with a notice of
his or her | ||||||
14 | intention to be absent from work not exceeding 5 days prior to
| ||||||
15 | the date of absence.
| ||||||
16 | (F) Training and Apprenticeship Programs. For any | ||||||
17 | employer,
employment agency or labor organization to | ||||||
18 | discriminate against a person on
the basis of age in the | ||||||
19 | selection, referral for or conduct of apprenticeship
or | ||||||
20 | training programs.
| ||||||
21 | (G) Immigration-Related Practices. | ||||||
22 | (1) for an employer to request for
purposes of | ||||||
23 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
24 | of
the United States Code, as now or hereafter amended, | ||||||
25 | more or different
documents than are required under such | ||||||
26 | Section or to refuse to honor
documents tendered that on |
| |||||||
| |||||||
1 | their face reasonably appear to be genuine; or
| ||||||
2 | (2) for an employer participating in the E-Verify | ||||||
3 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
4 | Programs for Employment Eligibility Confirmation (enacted | ||||||
5 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
6 | hire, to segregate, or to act with respect to recruitment, | ||||||
7 | hiring, promotion, renewal of employment, selection for | ||||||
8 | training or apprenticeship, discharge, discipline, tenure | ||||||
9 | or terms, privileges or conditions of employment without | ||||||
10 | following the procedures under the E-Verify Program. | ||||||
11 | (H) (Blank). Pregnancy;
peace officers and fire fighters. | ||||||
12 | For a public employer to refuse to temporarily transfer a | ||||||
13 | pregnant
female peace officer or pregnant
female fire fighter | ||||||
14 | to a less strenuous or hazardous position for the
duration of | ||||||
15 | her pregnancy if she so requests, with the advice of her
| ||||||
16 | physician, where that transfer can be reasonably accommodated. | ||||||
17 | For the purposes of this subdivision (H), "peace officer" and | ||||||
18 | "fire fighter" have the meanings ascribed to those terms in | ||||||
19 | Section 3 of the Illinois Public Labor Relations Act.
| ||||||
20 | It is not a civil rights violation for an employer to take | ||||||
21 | any action
that is required by Section 1324a of Title 8 of the | ||||||
22 | United States Code, as
now or hereafter amended.
| ||||||
23 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
24 | segregate, or to act with respect to recruitment, hiring, | ||||||
25 | promotion, renewal of employment, selection for training or | ||||||
26 | apprenticeship, discharge, discipline, tenure or terms, |
| |||||||
| |||||||
1 | privileges or conditions of employment on the basis of | ||||||
2 | pregnancy, childbirth, or related medical conditions related | ||||||
3 | to pregnancy or childbirth . Women affected by pregnancy, | ||||||
4 | childbirth, or related medical conditions related to pregnancy | ||||||
5 | or childbirth shall be treated the same for all | ||||||
6 | employment-related purposes, including receipt of benefits | ||||||
7 | under fringe benefit programs, as other persons not so affected | ||||||
8 | but similar in their ability or inability to work , regardless | ||||||
9 | of the source of the inability to work or employment | ||||||
10 | classification or status, including part-time, full-time, or | ||||||
11 | probationary . | ||||||
12 | (J) Pregnancy; reasonable accommodations. | ||||||
13 | (1) For an employer to not make reasonable | ||||||
14 | accommodations for any condition of a job applicant or | ||||||
15 | employee related to pregnancy or childbirth, if she so | ||||||
16 | requests, unless the employer can demonstrate that the | ||||||
17 | accommodation would impose an undue hardship on the | ||||||
18 | ordinary operation of the business of the employer. If the | ||||||
19 | employer requests a certificate from the employee's health | ||||||
20 | care provider concerning the need for the requested | ||||||
21 | reasonable accommodation or accommodations and the request | ||||||
22 | by the employer for documentation is job-related and | ||||||
23 | consistent with business necessity, the employer may | ||||||
24 | require only the medical justification for the requested | ||||||
25 | accommodation or accommodations, a description of the | ||||||
26 | reasonable accommodation or accommodations medically |
| |||||||
| |||||||
1 | advisable, the date the reasonable accommodation or | ||||||
2 | accommodations became medically advisable, and the | ||||||
3 | probable duration of the reasonable accommodation or | ||||||
4 | accommodations. Notwithstanding the provisions of this | ||||||
5 | paragraph, the employer may require a certificate by the | ||||||
6 | employee's health care provider to determine compliance | ||||||
7 | with other laws. The employer shall engage in a timely, | ||||||
8 | good faith, and meaningful exchange with the employee to | ||||||
9 | determine effective reasonable accommodations. | ||||||
10 | (2) For an employer to deny employment opportunities or | ||||||
11 | benefits to or take adverse action against an otherwise | ||||||
12 | qualified job applicant or employee, if the denial or | ||||||
13 | adverse action is based on the need of the employer to make | ||||||
14 | reasonable accommodations to the known conditions related | ||||||
15 | to the pregnancy or childbirth of the applicant or | ||||||
16 | employee. | ||||||
17 | (3) For an employer to require a job applicant or | ||||||
18 | employee affected by pregnancy, childbirth, or conditions | ||||||
19 | related to pregnancy or childbirth to accept an | ||||||
20 | accommodation that the applicant or employee chooses not to | ||||||
21 | accept. | ||||||
22 | (4) For an employer to require an employee to take | ||||||
23 | leave under any leave law or policy of the employer if | ||||||
24 | another reasonable accommodation can be provided to the | ||||||
25 | known conditions related to the pregnancy or childbirth of | ||||||
26 | an employee. No employer shall fail or refuse to reinstate |
| |||||||
| |||||||
1 | the employee affected by pregnancy or childbirth, or | ||||||
2 | conditions related to pregnancy or childbirth to her | ||||||
3 | original job or to an equivalent position with equivalent | ||||||
4 | pay and accumulated seniority, retirement, fringe | ||||||
5 | benefits, and other applicable service credits upon her | ||||||
6 | signifying her intent to return or when her need for | ||||||
7 | reasonable accommodation ceases, unless the employer can | ||||||
8 | demonstrate that the accommodation would impose an undue | ||||||
9 | hardship on the ordinary operation of the business of the | ||||||
10 | employer. | ||||||
11 | For the purposes of this subdivision (J), "reasonable | ||||||
12 | accommodations" means reasonable modifications or adjustments | ||||||
13 | to the job application process or work environment, or to the | ||||||
14 | manner or circumstances under which the position desired or | ||||||
15 | held is customarily performed, that enable an applicant or | ||||||
16 | employee affected by pregnancy, childbirth, or conditions | ||||||
17 | related to pregnancy or childbirth to be considered for the | ||||||
18 | position the applicant desires or to perform the essential | ||||||
19 | functions of that position, and may include, but is not limited | ||||||
20 | to: more frequent or longer bathroom breaks, breaks for | ||||||
21 | increased water intake, and breaks for periodic rest; private | ||||||
22 | non-bathroom space for expressing breast milk and | ||||||
23 | breastfeeding; seating; assistance with manual labor; light | ||||||
24 | duty; temporary transfer to a less strenuous or hazardous | ||||||
25 | position; the provision of an accessible worksite; acquisition | ||||||
26 | or modification of equipment; job restructuring; a part-time or |
| |||||||
| |||||||
1 | modified work schedule; appropriate adjustment or | ||||||
2 | modifications of examinations, training materials, or | ||||||
3 | policies; reassignment to a vacant position; time off to | ||||||
4 | recover from childbirth; and leave. | ||||||
5 | For the purposes of this subdivision (J), "undue hardship" | ||||||
6 | means an action that is prohibitively expensive or disruptive | ||||||
7 | when considered in light of the following factors: (i) the | ||||||
8 | nature and cost of the accommodation needed; (ii) the overall | ||||||
9 | financial resources of the facility or facilities involved in | ||||||
10 | the provision of the reasonable accommodation, the number of | ||||||
11 | persons employed at the facility, the effect on expenses and | ||||||
12 | resources, or the impact otherwise of the accommodation upon | ||||||
13 | the operation of the facility; (iii) the overall financial | ||||||
14 | resources of the employer, the overall size of the business of | ||||||
15 | the employer with respect to the number of its employees, and | ||||||
16 | the number, type, and location of its facilities; and (iv) the | ||||||
17 | type of operation or operations of the employer, including the | ||||||
18 | composition, structure, and functions of the workforce of the | ||||||
19 | employer, the geographic separateness, administrative, or | ||||||
20 | fiscal relationship of the facility or facilities in question | ||||||
21 | to the employer. The employer has the burden of proving undue | ||||||
22 | hardship. The fact that the employer provides or would be | ||||||
23 | required to provide a similar accommodation to similarly | ||||||
24 | situated employees creates a rebuttable presumption that the | ||||||
25 | accommodation does not impose an undue hardship on the | ||||||
26 | employer. |
| |||||||
| |||||||
1 | No employer is required by this subdivision (J) to create | ||||||
2 | additional employment that the employer would not otherwise | ||||||
3 | have created, unless the employer does so or would do so for | ||||||
4 | other classes of employees who need accommodation. The employer | ||||||
5 | is not required to discharge any employee, transfer any | ||||||
6 | employee with more seniority, or promote any employee who is | ||||||
7 | not qualified to perform the job, unless the employer does so | ||||||
8 | or would do so to accommodate other classes of employees who | ||||||
9 | need it. | ||||||
10 | (K) Notice. | ||||||
11 | (1) For an employer to fail to post or keep posted in a | ||||||
12 | conspicuous location on the premises of the employer where | ||||||
13 | notices to employees are customarily posted, or fail to | ||||||
14 | include in any employee handbook information concerning an | ||||||
15 | employee's rights under this Article, a notice, to be | ||||||
16 | prepared or approved by the Department, summarizing the | ||||||
17 | requirements of this Article and information pertaining to | ||||||
18 | the filing of a charge, including the right to be free from | ||||||
19 | unlawful discrimination and the right to certain | ||||||
20 | reasonable accommodations. The Department shall make the | ||||||
21 | documents required under this paragraph available for | ||||||
22 | retrieval from the Department's website. | ||||||
23 | (2) Upon notification of a violation of paragraph (1) | ||||||
24 | of this subdivision (K), the Department may launch a | ||||||
25 | preliminary investigation. If the Department finds a | ||||||
26 | violation, the Department may issue a notice to show cause |
| |||||||
| |||||||
1 | giving the employer 30 days to correct the violation. If | ||||||
2 | the violation is not corrected, the Department may initiate | ||||||
3 | a charge of a civil rights violation. | ||||||
4 | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
| ||||||
5 | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| ||||||
6 | Sec. 6-101. Additional Civil Rights Violations. It is a | ||||||
7 | civil rights
violation for a person, or for two or more persons | ||||||
8 | to conspire, to:
| ||||||
9 | (A) Retaliation. Retaliate against a person because he | ||||||
10 | or she has
opposed that which he or she reasonably and in | ||||||
11 | good faith believes to be
unlawful discrimination, sexual | ||||||
12 | harassment in employment or sexual
harassment in | ||||||
13 | elementary, secondary, and higher
education, | ||||||
14 | discrimination based on citizenship status
in employment, | ||||||
15 | or because he or she has made a charge, filed a complaint,
| ||||||
16 | testified, assisted, or participated in an investigation, | ||||||
17 | proceeding, or
hearing under this Act , or because he or she | ||||||
18 | has requested, attempted to request, used, or attempted to | ||||||
19 | use a reasonable accommodation as allowed by this Act ;
| ||||||
20 | (B) Aiding and Abetting; Coercion. Aid, abet, compel or | ||||||
21 | coerce a
person to commit any violation of this Act;
| ||||||
22 | (C) Interference. Wilfully interfere with the | ||||||
23 | performance of a duty
or the exercise of a power by the | ||||||
24 | Commission or one of its members or
representatives or the | ||||||
25 | Department or one of its officers or employees.
|
| |||||||
| |||||||
1 | Definitions. For the purposes of this Section, "sexual
| ||||||
2 | harassment" and "citizenship status" shall have the same | ||||||
3 | meaning as defined in
Section 2-101 of this Act.
| ||||||
4 | (Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|