Bill Text: IL HB0252 | 2019-2020 | 101st 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 "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities.
Spectrum: Partisan Bill (Democrat 50-0)
Status: (Passed) 2019-08-20 - Public Act . . . . . . . . . 101-0430 [HB0252 Detail]
Download: Illinois-2019-HB0252-Engrossed.html
Bill Title: Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities.
Spectrum: Partisan Bill (Democrat 50-0)
Status: (Passed) 2019-08-20 - Public Act . . . . . . . . . 101-0430 [HB0252 Detail]
Download: Illinois-2019-HB0252-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. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 2-101 as follows:
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6 | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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7 | Sec. 2-101. Definitions. The following definitions are | ||||||
8 | applicable
strictly in the context of this Article.
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9 | (A) Employee.
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10 | (1) "Employee" includes:
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11 | (a) Any individual performing services for | ||||||
12 | remuneration within this
State for an employer;
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13 | (b) An apprentice;
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14 | (c) An applicant for any apprenticeship.
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15 | For purposes of subsection (D) of Section 2-102 of this | ||||||
16 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
17 | intern is a person who performs work for an employer under | ||||||
18 | the following circumstances: | ||||||
19 | (i) the employer is not committed to hiring the | ||||||
20 | person performing the work at the conclusion of the | ||||||
21 | intern's tenure; | ||||||
22 | (ii) the employer and the person performing the | ||||||
23 | work agree that the person is not entitled to wages for |
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1 | the work performed; and | ||||||
2 | (iii) the work performed: | ||||||
3 | (I) supplements training given in an | ||||||
4 | educational environment that may enhance the | ||||||
5 | employability of the intern; | ||||||
6 | (II) provides experience for the benefit of | ||||||
7 | the person performing the work; | ||||||
8 | (III) does not displace regular employees; | ||||||
9 | (IV) is performed under the close supervision | ||||||
10 | of existing staff; and | ||||||
11 | (V) provides no immediate advantage to the | ||||||
12 | employer providing the training and may
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13 | occasionally impede the operations of the | ||||||
14 | employer. | ||||||
15 | (2) "Employee" does not include:
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16 | (a) (Blank);
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17 | (b) Individuals employed by persons who are not | ||||||
18 | "employers" as
defined by this Act;
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19 | (c) Elected public officials or the members of | ||||||
20 | their immediate
personal staffs;
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21 | (d) Principal administrative officers of the State | ||||||
22 | or of any
political subdivision, municipal corporation | ||||||
23 | or other governmental unit
or agency;
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24 | (e) A person in a vocational rehabilitation | ||||||
25 | facility certified under
federal law who has been | ||||||
26 | designated an evaluee, trainee, or work
activity |
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1 | client.
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2 | (B) Employer.
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3 | (1) "Employer" includes:
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4 | (a) Any person employing one 15 or more employees | ||||||
5 | within Illinois during
20 or more calendar weeks within | ||||||
6 | the calendar year of or preceding the alleged
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7 | violation;
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8 | (b) Any person employing one or more employees when | ||||||
9 | a complainant
alleges civil rights violation due to | ||||||
10 | unlawful discrimination based
upon his or her physical | ||||||
11 | or mental disability unrelated to ability, pregnancy, | ||||||
12 | or
sexual harassment;
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13 | (c) The State and any political subdivision, | ||||||
14 | municipal corporation
or other governmental unit or | ||||||
15 | agency, without regard to the number of
employees;
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16 | (d) Any party to a public contract without regard | ||||||
17 | to the number of
employees;
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18 | (e) A joint apprenticeship or training committee | ||||||
19 | without regard to the
number of employees.
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20 | (2) "Employer" does not include any place of worship, | ||||||
21 | religious corporation,
association, educational | ||||||
22 | institution, society, or non-profit nursing
institution | ||||||
23 | conducted by and for those who rely upon treatment by | ||||||
24 | prayer
through spiritual means in accordance with the | ||||||
25 | tenets of a recognized
church or religious denomination | ||||||
26 | with respect to the employment of
individuals of a |
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1 | particular religion to perform work connected with the
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2 | carrying on by such place of worship, corporation, | ||||||
3 | association, educational institution,
society or | ||||||
4 | non-profit nursing institution of its activities.
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5 | (C) Employment Agency. "Employment Agency" includes both | ||||||
6 | public and
private employment agencies and any person, labor | ||||||
7 | organization, or labor
union having a hiring hall or hiring | ||||||
8 | office regularly undertaking, with
or without compensation, to | ||||||
9 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
10 | place employees.
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11 | (D) Labor Organization. "Labor Organization" includes any
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12 | organization, labor union, craft union, or any voluntary | ||||||
13 | unincorporated
association designed to further the cause of the | ||||||
14 | rights of union labor
which is constituted for the purpose, in | ||||||
15 | whole or in part, of collective
bargaining or of dealing with | ||||||
16 | employers concerning grievances, terms or
conditions of | ||||||
17 | employment, or apprenticeships or applications for
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18 | apprenticeships, or of other mutual aid or protection in | ||||||
19 | connection with
employment, including apprenticeships or | ||||||
20 | applications for apprenticeships.
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21 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
22 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
23 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
24 | is made either explicitly or implicitly
a term or condition of | ||||||
25 | an individual's employment, (2) submission to or
rejection of | ||||||
26 | such conduct by an individual is used as the basis for
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1 | employment decisions affecting such individual, or (3) such | ||||||
2 | conduct has the
purpose or effect of substantially interfering | ||||||
3 | with an individual's work
performance or creating an | ||||||
4 | intimidating, hostile or offensive working
environment.
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5 | (F) Religion. "Religion" with respect to employers | ||||||
6 | includes all
aspects of religious observance and practice, as | ||||||
7 | well as belief, unless an
employer demonstrates that he is | ||||||
8 | unable to reasonably accommodate an
employee's or prospective | ||||||
9 | employee's religious observance or practice
without undue | ||||||
10 | hardship on the conduct of the employer's business.
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11 | (G) Public Employer. "Public employer" means the State, an | ||||||
12 | agency or
department thereof, unit of local government, school | ||||||
13 | district,
instrumentality or political subdivision.
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14 | (H) Public Employee. "Public employee" means an employee of | ||||||
15 | the State,
agency or department thereof, unit of local | ||||||
16 | government, school district,
instrumentality or political | ||||||
17 | subdivision. "Public employee" does not include
public | ||||||
18 | officers or employees of the General Assembly or agencies | ||||||
19 | thereof.
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20 | (I) Public Officer. "Public officer" means a person who is | ||||||
21 | elected to
office pursuant to the Constitution or a statute or | ||||||
22 | ordinance, or who is
appointed to an office which is | ||||||
23 | established, and the qualifications and
duties of which are | ||||||
24 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
25 | discharge a public duty for the State, agency or department
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26 | thereof, unit of local government, school district, |
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1 | instrumentality or
political subdivision.
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2 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
3 | prior to contract award or prior to bid opening for State | ||||||
4 | contracts for construction or construction-related services, | ||||||
5 | has filed with the Department a properly completed, sworn and
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6 | currently valid employer report form, pursuant to the | ||||||
7 | Department's regulations.
The provisions of this Article | ||||||
8 | relating to eligible bidders apply only
to bids on contracts | ||||||
9 | with the State and its departments, agencies, boards,
and | ||||||
10 | commissions, and the provisions do not apply to bids on | ||||||
11 | contracts with
units of local government or school districts.
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12 | (K) Citizenship Status. "Citizenship status" means the | ||||||
13 | status of being:
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14 | (1) a born U.S. citizen;
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15 | (2) a naturalized U.S. citizen;
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16 | (3) a U.S. national; or
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17 | (4) a person born outside the United States and not a | ||||||
18 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
19 | protected from discrimination under
the provisions of | ||||||
20 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
21 | or hereafter amended.
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22 | (Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, | ||||||
23 | eff. 8-9-17.)
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