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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 Sections 2-102 and 2-104 as follows:
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| 6 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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| 7 | Sec. 2-102. Civil Rights Violations - Employment. It is a | |||||||||||||||||||
| 8 | civil
rights violation:
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| 9 | (A) Employers. For any employer to refuse to hire, to | |||||||||||||||||||
| 10 | segregate, or
to act with respect to recruitment, hiring, | |||||||||||||||||||
| 11 | promotion, renewal of employment,
selection for training or | |||||||||||||||||||
| 12 | apprenticeship, discharge, discipline, tenure or
terms, | |||||||||||||||||||
| 13 | privileges or conditions of employment on the basis of unlawful
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| 14 | discrimination or citizenship status.
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| 15 | (A-5) Language. For an employer to impose a restriction | |||||||||||||||||||
| 16 | that has the
effect of prohibiting a language from being spoken | |||||||||||||||||||
| 17 | by an employee in
communications that are unrelated to the | |||||||||||||||||||
| 18 | employee's duties.
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| 19 | For the purposes of this subdivision (A-5), "language" | |||||||||||||||||||
| 20 | means a person's
native tongue, such as Polish, Spanish, or
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| 21 | Chinese.
"Language" does not include such things as slang, | |||||||||||||||||||
| 22 | jargon, profanity, or
vulgarity.
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| 23 | (B) Employment Agency. For any employment agency to fail or | |||||||||||||||||||
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| 1 | refuse
to classify properly, accept applications and register | ||||||
| 2 | for employment
referral or apprenticeship referral, refer for | ||||||
| 3 | employment, or refer for
apprenticeship on the basis of | ||||||
| 4 | unlawful discrimination or citizenship
status or to accept from | ||||||
| 5 | any person any job order, requisition or request
for referral | ||||||
| 6 | of applicants for employment or apprenticeship which makes or
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| 7 | has the effect of making unlawful discrimination or | ||||||
| 8 | discrimination on the
basis of citizenship status a condition | ||||||
| 9 | of referral.
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| 10 | (C) Labor Organization. For any labor organization to | ||||||
| 11 | limit,
segregate or classify its membership, or to limit | ||||||
| 12 | employment
opportunities, selection and training for | ||||||
| 13 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
| 14 | fail to take, any action which affects
adversely any person's | ||||||
| 15 | status as an employee or as an applicant for
employment or as | ||||||
| 16 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
| 17 | wages, tenure, hours of employment or apprenticeship | ||||||
| 18 | conditions on the
basis of unlawful discrimination or | ||||||
| 19 | citizenship status.
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| 20 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
| 21 | any employer,
employment agency or labor organization to engage | ||||||
| 22 | in sexual harassment;
provided, that an employer shall be | ||||||
| 23 | responsible for sexual harassment
of the employer's employees | ||||||
| 24 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
| 25 | only if the employer becomes aware of the conduct and fails to
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| 26 | take reasonable corrective measures.
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| 1 | (E) Public Employers. For any public employer to refuse to | ||||||
| 2 | permit a
public employee under its jurisdiction who takes time | ||||||
| 3 | off from work in
order to practice his or her religious beliefs | ||||||
| 4 | to engage in work, during hours
other than such employee's | ||||||
| 5 | regular working hours, consistent with the
operational needs of | ||||||
| 6 | the employer and in order to compensate for work time
lost for | ||||||
| 7 | such religious reasons. Any employee who elects such deferred
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| 8 | work shall be compensated at the wage rate which he or she | ||||||
| 9 | would have
earned during the originally scheduled work period. | ||||||
| 10 | The employer may
require that an employee who plans to take | ||||||
| 11 | time off from work in order to
practice his or her religious | ||||||
| 12 | beliefs provide the employer with a notice of
his or her | ||||||
| 13 | intention to be absent from work not exceeding 5 days prior to
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| 14 | the date of absence.
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| 15 | (F) Training and Apprenticeship Programs. For any | ||||||
| 16 | employer,
employment agency or labor organization to | ||||||
| 17 | discriminate against a person on
the basis of age in the | ||||||
| 18 | selection, referral for or conduct of apprenticeship
or | ||||||
| 19 | training programs.
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| 20 | (G) Immigration-Related Practices. | ||||||
| 21 | (1) for an employer to request for
purposes of | ||||||
| 22 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
| 23 | of
the United States Code, as now or hereafter amended, | ||||||
| 24 | more or different
documents than are required under such | ||||||
| 25 | Section or to refuse to honor
documents tendered that on | ||||||
| 26 | their face reasonably appear to be genuine; or
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| 1 | (2) for an employer participating in the Basic Pilot | ||||||
| 2 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
| 3 | Programs for Employment Eligibility Confirmation (enacted | ||||||
| 4 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
| 5 | hire, to segregate, or to act with respect to recruitment, | ||||||
| 6 | hiring, promotion, renewal of employment, selection for | ||||||
| 7 | training or apprenticeship, discharge, discipline, tenure | ||||||
| 8 | or terms, privileges or conditions of employment without | ||||||
| 9 | following the procedures under the Basic Pilot Program. | ||||||
| 10 | (H) Pregnancy;
peace officers and fire fighters. For a | ||||||
| 11 | public employer to refuse to temporarily transfer a pregnant
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| 12 | female peace officer or pregnant
female fire fighter to a less | ||||||
| 13 | strenuous or hazardous position for the
duration of her | ||||||
| 14 | pregnancy if she so requests, with the advice of her
physician, | ||||||
| 15 | where that transfer can be reasonably accommodated. For the | ||||||
| 16 | purposes of this subdivision (H), "peace officer" and "fire | ||||||
| 17 | fighter" have the meanings ascribed to those terms in Section 3 | ||||||
| 18 | of the Illinois Public Labor Relations Act.
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| 19 | It is not a civil rights violation for an employer to take | ||||||
| 20 | any action
that is required by Section 1324a of Title 8 of the | ||||||
| 21 | United States Code, as
now or hereafter amended.
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| 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 or | ||||||
| 25 | apprenticeship, discharge, discipline, tenure or terms, | ||||||
| 26 | privileges or conditions of employment on the basis of | ||||||
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| 1 | pregnancy, childbirth, or related medical conditions. Women | ||||||
| 2 | affected by pregnancy, childbirth, or related medical | ||||||
| 3 | conditions shall be treated the same for all employment-related | ||||||
| 4 | purposes, including receipt of benefits under fringe benefit | ||||||
| 5 | programs, as other persons not so affected but similar in their | ||||||
| 6 | ability or inability to work. | ||||||
| 7 | (J) Nonviolent Offenders. Unless specifically authorized | ||||||
| 8 | or required to do so by State or federal
law, for an employer | ||||||
| 9 | to refuse to hire, to segregate, or to act with respect to | ||||||
| 10 | recruitment, hiring, promotion, renewal of employment, | ||||||
| 11 | selection for training or apprenticeship, discharge, | ||||||
| 12 | discipline, tenure, or terms, privileges, or conditions of | ||||||
| 13 | employment on the basis of a person's status as an ex-offender | ||||||
| 14 | who was convicted of or placed on supervision for a non-violent | ||||||
| 15 | crime. | ||||||
| 16 | (Source: P.A. 97-596, eff. 8-26-11.)
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