Public Act 101-0430

HB0252 Enrolled LRB101 00363 HEP 45367 b

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Human Rights Act is amended by

changing Section 2-101 as follows:

(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)

Sec. 2-101. Definitions. The following definitions are

applicable strictly in the context of this Article.

(A) Employee.

(1) "Employee" includes:

(a) Any individual performing services for

remuneration within this State for an employer;

(b) An apprentice;

(c) An applicant for any apprenticeship.

For purposes of subsection (D) of Section 2-102 of this

Act, "employee" also includes an unpaid intern. An unpaid

intern is a person who performs work for an employer under

the following circumstances:

(i) the employer is not committed to hiring the

person performing the work at the conclusion of the

intern's tenure;

(ii) the employer and the person performing the

work agree that the person is not entitled to wages for

the work performed; and

(iii) the work performed:

(I) supplements training given in an

educational environment that may enhance the

employability of the intern;

(II) provides experience for the benefit of

the person performing the work;

(III) does not displace regular employees;

(IV) is performed under the close supervision

of existing staff; and

(V) provides no immediate advantage to the

employer providing the training and may

occasionally impede the operations of the

employer.

(2) "Employee" does not include:

(a) (Blank);

(b) Individuals employed by persons who are not

"employers" as defined by this Act;

(c) Elected public officials or the members of

their immediate personal staffs;

(d) Principal administrative officers of the State

or of any political subdivision, municipal corporation

or other governmental unit or agency;

(e) A person in a vocational rehabilitation

facility certified under federal law who has been

designated an evaluee, trainee, or work activity

client.

(B) Employer.

(1) "Employer" includes:

(a) Any person employing one 15 or more employees

within Illinois during 20 or more calendar weeks within

the calendar year of or preceding the alleged

violation;

(b) Any person employing one or more employees when

a complainant alleges civil rights violation due to

unlawful discrimination based upon his or her physical

or mental disability unrelated to ability, pregnancy,

or sexual harassment;

(c) The State and any political subdivision,

municipal corporation or other governmental unit or

agency, without regard to the number of employees;

(d) Any party to a public contract without regard

to the number of employees;

(e) A joint apprenticeship or training committee

without regard to the number of employees.

(2) "Employer" does not include any place of worship,

religious corporation, association, educational

institution, society, or non-profit nursing institution

conducted by and for those who rely upon treatment by

prayer through spiritual means in accordance with the

tenets of a recognized church or religious denomination

with respect to the employment of individuals of a

particular religion to perform work connected with the

carrying on by such place of worship, corporation,

association, educational institution, society or

non-profit nursing institution of its activities.

(C) Employment Agency. "Employment Agency" includes both

public and private employment agencies and any person, labor

organization, or labor union having a hiring hall or hiring

office regularly undertaking, with or without compensation, to

procure opportunities to work, or to procure, recruit, refer or

place employees.

(D) Labor Organization. "Labor Organization" includes any

organization, labor union, craft union, or any voluntary

unincorporated association designed to further the cause of the

rights of union labor which is constituted for the purpose, in

whole or in part, of collective bargaining or of dealing with

employers concerning grievances, terms or conditions of

employment, or apprenticeships or applications for

apprenticeships, or of other mutual aid or protection in

connection with employment, including apprenticeships or

applications for apprenticeships.

(E) Sexual Harassment. "Sexual harassment" means any

unwelcome sexual advances or requests for sexual favors or any

conduct of a sexual nature when (1) submission to such conduct

is made either explicitly or implicitly a term or condition of

an individual's employment, (2) submission to or rejection of

such conduct by an individual is used as the basis for

employment decisions affecting such individual, or (3) such

conduct has the purpose or effect of substantially interfering

with an individual's work performance or creating an

intimidating, hostile or offensive working environment.

(F) Religion. "Religion" with respect to employers

includes all aspects of religious observance and practice, as

well as belief, unless an employer demonstrates that he is

unable to reasonably accommodate an employee's or prospective

employee's religious observance or practice without undue

hardship on the conduct of the employer's business.

(G) Public Employer. "Public employer" means the State, an

agency or department thereof, unit of local government, school

district, instrumentality or political subdivision.

(H) Public Employee. "Public employee" means an employee of

the State, agency or department thereof, unit of local

government, school district, instrumentality or political

subdivision. "Public employee" does not include public

officers or employees of the General Assembly or agencies

thereof.

(I) Public Officer. "Public officer" means a person who is

elected to office pursuant to the Constitution or a statute or

ordinance, or who is appointed to an office which is

established, and the qualifications and duties of which are

prescribed, by the Constitution or a statute or ordinance, to

discharge a public duty for the State, agency or department

thereof, unit of local government, school district,

instrumentality or political subdivision.

(J) Eligible Bidder. "Eligible bidder" means a person who,

prior to contract award or prior to bid opening for State

contracts for construction or construction-related services,

has filed with the Department a properly completed, sworn and

currently valid employer report form, pursuant to the

Department's regulations. The provisions of this Article

relating to eligible bidders apply only to bids on contracts

with the State and its departments, agencies, boards, and

commissions, and the provisions do not apply to bids on

contracts with units of local government or school districts.

(K) Citizenship Status. "Citizenship status" means the

status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen;

(3) a U.S. national; or

(4) a person born outside the United States and not a

U.S. citizen who is not an unauthorized alien and who is

protected from discrimination under the provisions of

Section 1324b of Title 8 of the United States Code, as now

or hereafter amended.

(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,

eff. 8-9-17.)

Section 99. Effective date. This Act takes effect July 1,

2020.