Bill Text: IL HB4053 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Employment Article of the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to: refuse to allow an employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period, not to exceed 4 months, and thereafter return to work; refuse to maintain and pay for coverage for an eligible employee disabled by pregnancy, childbirth, or a related medical condition who takes leave under a group health plan, for the duration of the leave, not to exceed 4 months over the course of a 12-month period, commencing on the date the leave taken begins, at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave; or refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2022-04-04 - Added Co-Sponsor Rep. Joyce Mason [HB4053 Detail]

Download: Illinois-2021-HB4053-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4053 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
775 ILCS 5/2-102 from Ch. 68, par. 2-102
Amends the Employment Article of the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to: refuse to allow an employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period, not to exceed 4 months, and thereafter return to work; refuse to maintain and pay for coverage for an eligible employee disabled by pregnancy, childbirth, or a related medical condition who takes leave under a group health plan, for the duration of the leave, not to exceed 4 months over the course of a 12-month period, commencing on the date the leave taken begins, at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave; or refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave.
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A BILL FOR
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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 2-102 as follows:
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil rights violations - employment. It is a
civil rights violation:
(A) Employers. For any employer to refuse to hire, to
segregate, to engage in harassment as defined in
subsection (E-1) of Section 2-101, or to act with respect
to recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions of
employment on the basis of unlawful discrimination or
citizenship status. An employer is responsible for
harassment by the employer's nonmanagerial and
nonsupervisory employees only if the employer becomes
aware of the conduct and fails to take reasonable
corrective measures.
(A-5) Language. For an employer to impose a
restriction that has the effect of prohibiting a language
from being spoken by an employee in communications that

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are unrelated to the employee's duties.
For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish,
or Chinese. "Language" does not include such things as
slang, jargon, profanity, or vulgarity.
(A-10) Harassment of nonemployees. For any employer,
employment agency, or labor organization to engage in
harassment of nonemployees in the workplace. An employer
is responsible for harassment of nonemployees by the
employer's nonmanagerial and nonsupervisory employees only
if the employer becomes aware of the conduct and fails to
take reasonable corrective measures. For the purposes of
this subdivision (A-10), "nonemployee" means a person who
is not otherwise an employee of the employer and is
directly performing services for the employer pursuant to
a contract with that employer. "Nonemployee" includes
contractors and consultants. This subdivision applies to
harassment occurring on or after the effective date of
this amendatory Act of the 101st General Assembly.
(B) Employment agency. For any employment agency to
fail or refuse to classify properly, accept applications
and register for employment referral or apprenticeship
referral, refer for employment, or refer for
apprenticeship on the basis of unlawful discrimination or
citizenship status or to accept from any person any job
order, requisition or request for referral of applicants

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for employment or apprenticeship which makes or has the
effect of making unlawful discrimination or discrimination
on the basis of citizenship status a condition of
referral.
(C) Labor organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to
take, or fail to take, any action which affects adversely
any person's status as an employee or as an applicant for
employment or as an apprentice, or as an applicant for
apprenticeships, or wages, tenure, hours of employment or
apprenticeship conditions on the basis of unlawful
discrimination or citizenship status.
(D) Sexual harassment. For any employer, employee,
agent of any employer, employment agency or labor
organization to engage in sexual harassment; provided,
that an employer shall be responsible for sexual
harassment of the employer's employees by nonemployees or
nonmanagerial and nonsupervisory employees only if the
employer becomes aware of the conduct and fails to take
reasonable corrective measures.
(D-5) Sexual harassment of nonemployees. For any
employer, employee, agent of any employer, employment
agency, or labor organization to engage in sexual
harassment of nonemployees in the workplace. An employer

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is responsible for sexual harassment of nonemployees by
the employer's nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and
fails to take reasonable corrective measures. For the
purposes of this subdivision (D-5), "nonemployee" means a
person who is not otherwise an employee of the employer
and is directly performing services for the employer
pursuant to a contract with that employer. "Nonemployee"
includes contractors and consultants. This subdivision
applies to sexual harassment occurring on or after the
effective date of this amendatory Act of the 101st General
Assembly.
(E) Public employers. For any public employer to
refuse to permit a public employee under its jurisdiction
who takes time off from work in order to practice his or
her religious beliefs to engage in work, during hours
other than such employee's regular working hours,
consistent with the operational needs of the employer and
in order to compensate for work time lost for such
religious reasons. Any employee who elects such deferred
work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work
period. The employer may require that an employee who
plans to take time off from work in order to practice his
or her religious beliefs provide the employer with a
notice of his or her intention to be absent from work not

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exceeding 5 days prior to the date of absence.
(E-5) Religious discrimination. For any employer to
impose upon a person as a condition of obtaining or
retaining employment, including opportunities for
promotion, advancement, or transfer, any terms or
conditions that would require such person to violate or
forgo a sincerely held practice of his or her religion
including, but not limited to, the wearing of any attire,
clothing, or facial hair in accordance with the
requirements of his or her religion, unless, after
engaging in a bona fide effort, the employer demonstrates
that it is unable to reasonably accommodate the employee's
or prospective employee's sincerely held religious belief,
practice, or observance without undue hardship on the
conduct of the employer's business.
Nothing in this Section prohibits an employer from
enacting a dress code or grooming policy that may include
restrictions on attire, clothing, or facial hair to
maintain workplace safety or food sanitation.
(F) Training and apprenticeship programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
(G) Immigration-related practices.
(1) for an employer to request for purposes of

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satisfying the requirements of Section 1324a(b) of
Title 8 of the United States Code, as now or hereafter
amended, more or different documents than are required
under such Section or to refuse to honor documents
tendered that on their face reasonably appear to be
genuine; or
(2) for an employer participating in the E-Verify
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
Programs for Employment Eligibility Confirmation
(enacted by PL 104-208, div. C title IV, subtitle A) to
refuse to hire, to segregate, or to act with respect to
recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions
of employment without following the procedures under
the E-Verify Program.
(H) (Blank).
(I) Pregnancy. For an employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training
or apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth. Women affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth shall be treated the

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same for all employment-related purposes, including
receipt of benefits under fringe benefit programs, as
other persons not so affected but similar in their ability
or inability to work, regardless of the source of the
inability to work or employment classification or status.
(I-5) Pregnancy; disability and health care coverage.
(1) For an employer to refuse to allow an employee
disabled by pregnancy, childbirth, or a related
medical condition to take a leave for a reasonable
period, not to exceed 4 months, and thereafter return
to work. An employer may require an employee who plans
to take a leave pursuant to this subdivision to give
the employer reasonable notice of the date the leave
shall commence and the estimated duration of the
leave.
(2) For an employer to refuse to maintain and pay
for coverage for an eligible employee who takes leave
pursuant to paragraph (1) under a group health plan,
as defined in Section 5000(b)(1) of the Internal
Revenue Code of 1986, for the duration of the leave,
not to exceed 4 months over the course of a 12-month
period, commencing on the date the leave taken under
paragraph (1) begins, at the level and under the
conditions that coverage would have been provided if
the employee had continued in employment continuously
for the duration of the leave. Nothing in this

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paragraph shall preclude an employer from maintaining
and paying for coverage under a group health plan
beyond 4 months. If the employer is a State agency, the
collective bargaining agreement shall govern with
respect to the continued receipt by an eligible
employee of the health care coverage.
The Department may adopt rules to implement this
subdivision.
(J) Pregnancy; reasonable accommodations.
(1) If after a job applicant or employee,
including a part-time, full-time, or probationary
employee, requests a reasonable accommodation, for an
employer to not make reasonable accommodations for any
medical or common condition of a job applicant or
employee related to pregnancy or childbirth, unless
the employer can demonstrate that the accommodation
would impose an undue hardship on the ordinary
operation of the business of the employer. The
employer may request documentation from the employee's
health care provider concerning the need for the
requested reasonable accommodation or accommodations
to the same extent documentation is requested for
conditions related to disability if the employer's
request for documentation is job-related and
consistent with business necessity. The employer may
require only the medical justification for the

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requested accommodation or accommodations, a
description of the reasonable accommodation or
accommodations medically advisable, the date the
reasonable accommodation or accommodations became
medically advisable, and the probable duration of the
reasonable accommodation or accommodations. It is the
duty of the individual seeking a reasonable
accommodation or accommodations to submit to the
employer any documentation that is requested in
accordance with this paragraph. Notwithstanding the
provisions of this paragraph, the employer may require
documentation by the employee's health care provider
to determine compliance with other laws. The employee
and employer shall engage in a timely, good faith, and
meaningful exchange to determine effective reasonable
accommodations.
(2) For an employer to deny employment
opportunities or benefits to or take adverse action
against an otherwise qualified job applicant or
employee, including a part-time, full-time, or
probationary employee, if the denial or adverse action
is based on the need of the employer to make reasonable
accommodations to the known medical or common
conditions related to the pregnancy or childbirth of
the applicant or employee.
(3) For an employer to require a job applicant or

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employee, including a part-time, full-time, or
probationary employee, affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to accept an accommodation
when the applicant or employee did not request an
accommodation and the applicant or employee chooses
not to accept the employer's accommodation.
(4) For an employer to require an employee,
including a part-time, full-time, or probationary
employee, to take leave under any leave law or policy
of the employer if another reasonable accommodation
can be provided to the known medical or common
conditions related to the pregnancy or childbirth of
an employee. No employer shall fail or refuse to
reinstate the employee affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to her original job or to an
equivalent position with equivalent pay and
accumulated seniority, retirement, fringe benefits,
and other applicable service credits upon her
signifying her intent to return or when her need for
reasonable accommodation ceases, unless the employer
can demonstrate that the accommodation would impose an
undue hardship on the ordinary operation of the
business of the employer.
For the purposes of this subdivision (J), "reasonable

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accommodations" means reasonable modifications or
adjustments to the job application process or work
environment, or to the manner or circumstances under which
the position desired or held is customarily performed,
that enable an applicant or employee affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth to be considered for
the position the applicant desires or to perform the
essential functions of that position, and may include, but
is not limited to: more frequent or longer bathroom
breaks, breaks for increased water intake, and breaks for
periodic rest; private non-bathroom space for expressing
breast milk and breastfeeding; seating; assistance with
manual labor; light duty; temporary transfer to a less
strenuous or hazardous position; the provision of an
accessible worksite; acquisition or modification of
equipment; job restructuring; a part-time or modified work
schedule; appropriate adjustment or modifications of
examinations, training materials, or policies;
reassignment to a vacant position; time off to recover
from conditions related to childbirth; and leave
necessitated by pregnancy, childbirth, or medical or
common conditions resulting from pregnancy or childbirth.
For the purposes of this subdivision (J), "undue
hardship" means an action that is prohibitively expensive
or disruptive when considered in light of the following

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factors: (i) the nature and cost of the accommodation
needed; (ii) the overall financial resources of the
facility or facilities involved in the provision of the
reasonable accommodation, the number of persons employed
at the facility, the effect on expenses and resources, or
the impact otherwise of the accommodation upon the
operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the
business of the employer with respect to the number of its
employees, and the number, type, and location of its
facilities; and (iv) the type of operation or operations
of the employer, including the composition, structure, and
functions of the workforce of the employer, the geographic
separateness, administrative, or fiscal relationship of
the facility or facilities in question to the employer.
The employer has the burden of proving undue hardship. The
fact that the employer provides or would be required to
provide a similar accommodation to similarly situated
employees creates a rebuttable presumption that the
accommodation does not impose an undue hardship on the
employer.
No employer is required by this subdivision (J) to
create additional employment that the employer would not
otherwise have created, unless the employer does so or
would do so for other classes of employees who need
accommodation. The employer is not required to discharge

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any employee, transfer any employee with more seniority,
or promote any employee who is not qualified to perform
the job, unless the employer does so or would do so to
accommodate other classes of employees who need it.
(K) Notice.
(1) For an employer to fail to post or keep posted
in a conspicuous location on the premises of the
employer where notices to employees are customarily
posted, or fail to include in any employee handbook
information concerning an employee's rights under this
Article, a notice, to be prepared or approved by the
Department, summarizing the requirements of this
Article and information pertaining to the filing of a
charge, including the right to be free from unlawful
discrimination, the right to be free from sexual
harassment, and the right to certain reasonable
accommodations. The Department shall make the
documents required under this paragraph available for
retrieval from the Department's website.
(2) Upon notification of a violation of paragraph
(1) of this subdivision (K), the Department may launch
a preliminary investigation. If the Department finds a
violation, the Department may issue a notice to show
cause giving the employer 30 days to correct the
violation. If the violation is not corrected, the
Department may initiate a charge of a civil rights

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violation.
(L) Family care and medical leave. For any employer to
refuse to grant a request by any employee with more than 12
months of service with the employer, and who has at least
1,250 hours of service with the employer during the
previous 12-month period, to take up to a total of 12
workweeks in any 12-month period for family care and
medical leave. Family care and medical leave requested
pursuant to this subdivision shall not be deemed to have
been granted unless the employer provides the employee,
upon granting the leave request, a guarantee of employment
in the same or a comparable position upon the termination
of the leave.
The Department may adopt rules to implement this
subdivision.
For the purposes of this subdivision, "family care and
medical leave" means:
(i) leave for reason of the birth of a child of the
employee or the placement of a child with an employee
in connection with the adoption or foster care of the
child by the employee;
(ii) leave to care for a child, parent,
grandparent, grandchild, sibling, spouse, or domestic
partner who has a serious health condition;
(iii) leave because of an employee's own serious
health condition that makes the employee unable to

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perform the functions of the position of that
employee, except for leave taken for disability on
account of pregnancy, childbirth, or a related medical
condition; or
(iv) leave because of a qualifying exigency
related to the covered active duty or call to covered
active duty of an employee's spouse, domestic partner,
child, or parent in the Armed Forces of the United
States.
(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
101-221, eff. 1-1-20.)