Bill Text: IL HB5335 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that if a petition alleging a civil rights violation by an employer is filed with the Department of Human Rights, the Human Rights Commission, or in court, a rebuttable presumption that the employer violated the petitioner's civil rights is created. Effective immediately.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5335 Detail]

Download: Illinois-2019-HB5335-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5335 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
775 ILCS 5/2-102 from Ch. 68, par. 2-102
Amends the Illinois Human Rights Act. Provides that if a petition alleging a civil rights violation by an employer is filed with the Department of Human Rights, the Human Rights Commission, or in court, a rebuttable presumption that the employer violated the petitioner's civil rights is created. Effective immediately.
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A BILL FOR
HB5335 LRB101 19445 LNS 68917 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 2-102 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 are unrelated

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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 is
responsible for sexual harassment of nonemployees by the

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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 exceeding 5
days prior to the date of absence.
(E-5) Religious discrimination. For any employer to

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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
satisfying the requirements of Section 1324a(b) of
Title 8 of the United States Code, as now or hereafter

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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
same for all employment-related purposes, including
receipt of benefits under fringe benefit programs, as other

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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.
(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 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

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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
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

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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
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

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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
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

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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
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

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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
violation.
If a petition alleging a civil rights violation by an
employer under this Section is filed with the Department, the
Commission, or in court, a rebuttable presumption that the
employer violated the petitioner's civil rights under this
Section is created.
(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;

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101-221, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.