Bill Text: IL SB1622 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Illinois Human Rights Act. Deletes language providing that "employee" does not include members of the immediate personal staffs of elected public officials.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Engrossed - Dead) 2022-12-31 - Chief Sponsor Changed to Sen. Don Harmon [SB1622 Detail]
Download: Illinois-2021-SB1622-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning human rights.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 2-101 as follows:
| ||||||
6 | (775 ILCS 5/2-101)
| ||||||
7 | Sec. 2-101. Definitions. The following definitions are | ||||||
8 | applicable
strictly in the context of this Article.
| ||||||
9 | (A) Employee.
| ||||||
10 | (1) "Employee" includes:
| ||||||
11 | (a) Any individual performing services for | ||||||
12 | remuneration within this
State for an employer;
| ||||||
13 | (b) An apprentice;
| ||||||
14 | (c) An applicant for any apprenticeship.
| ||||||
15 | For purposes of subsection (D) of Section 2-102 of | ||||||
16 | this Act, "employee" also includes an unpaid intern. An | ||||||
17 | unpaid intern is a person who performs work for an | ||||||
18 | employer under 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 |
| |||||||
| |||||||
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
| ||||||
13 | occasionally impede the operations of the | ||||||
14 | employer. | ||||||
15 | (2) "Employee" does not include:
| ||||||
16 | (a) (Blank);
| ||||||
17 | (b) Individuals employed by persons who are not | ||||||
18 | "employers" as
defined by this Act;
| ||||||
19 | (c) Elected public officials or the members of | ||||||
20 | their immediate
personal staffs ;
| ||||||
21 | (d) Principal administrative officers of the State | ||||||
22 | or of any
political subdivision, municipal corporation | ||||||
23 | or other governmental unit
or agency;
| ||||||
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 |
| |||||||
| |||||||
1 | client.
| ||||||
2 | (B) Employer.
| ||||||
3 | (1) "Employer" includes:
| ||||||
4 | (a) Any person employing one or more employees | ||||||
5 | within Illinois during
20 or more calendar weeks | ||||||
6 | within the calendar year of or preceding the alleged
| ||||||
7 | violation;
| ||||||
8 | (b) Any person employing one or more employees | ||||||
9 | when a complainant
alleges civil rights violation due | ||||||
10 | to unlawful discrimination based
upon his or her | ||||||
11 | physical or mental disability unrelated to ability, | ||||||
12 | pregnancy, or
sexual harassment;
| ||||||
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;
| ||||||
16 | (d) Any party to a public contract without regard | ||||||
17 | to the number of
employees;
| ||||||
18 | (e) A joint apprenticeship or training committee | ||||||
19 | without regard to the
number of employees.
| ||||||
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 |
| |||||||
| |||||||
1 | particular religion to perform work connected with the
| ||||||
2 | carrying on by such place of worship, corporation, | ||||||
3 | association, educational institution,
society or | ||||||
4 | non-profit nursing institution of its activities.
| ||||||
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 | ||||||
10 | or place employees.
| ||||||
11 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
12 | organization, labor union, craft union, or any voluntary | ||||||
13 | unincorporated
association designed to further the cause of | ||||||
14 | the rights of union labor
which is constituted for the | ||||||
15 | purpose, in whole or in part, of collective
bargaining or of | ||||||
16 | dealing with employers concerning grievances, terms or
| ||||||
17 | conditions of employment, or apprenticeships or applications | ||||||
18 | for
apprenticeships, or of other mutual aid or protection in | ||||||
19 | connection with
employment, including apprenticeships or | ||||||
20 | applications for apprenticeships.
| ||||||
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
|
| |||||||
| |||||||
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.
| ||||||
5 | For purposes of this definition, the phrase "working | ||||||
6 | environment" is not limited to a physical location an employee | ||||||
7 | is assigned to perform his or her duties. | ||||||
8 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
9 | on the basis of an individual's actual or perceived race, | ||||||
10 | color, religion, national origin, ancestry, age, sex, marital | ||||||
11 | status, order of protection status, disability, military | ||||||
12 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
13 | from military service, or citizenship status that has the | ||||||
14 | purpose or effect of substantially interfering with the | ||||||
15 | individual's work performance or creating an intimidating, | ||||||
16 | hostile, or offensive working environment. For purposes of | ||||||
17 | this definition, the phrase "working environment" is not | ||||||
18 | limited to a physical location an employee is assigned to | ||||||
19 | perform his or her duties. | ||||||
20 | (F) Religion. "Religion" with respect to employers | ||||||
21 | includes all
aspects of religious observance and practice, as | ||||||
22 | well as belief, unless an
employer demonstrates that he is | ||||||
23 | unable to reasonably accommodate an
employee's or prospective | ||||||
24 | employee's religious observance or practice
without undue | ||||||
25 | hardship on the conduct of the employer's business.
| ||||||
26 | (G) Public Employer. "Public employer" means the State, an |
| |||||||
| |||||||
1 | agency or
department thereof, unit of local government, school | ||||||
2 | district,
instrumentality or political subdivision.
| ||||||
3 | (H) Public Employee. "Public employee" means an employee | ||||||
4 | of the State,
agency or department thereof, unit of local | ||||||
5 | government, school district,
instrumentality or political | ||||||
6 | subdivision. "Public employee" does not include
public | ||||||
7 | officers or employees of the General Assembly or agencies | ||||||
8 | thereof.
| ||||||
9 | (I) Public Officer. "Public officer" means a person who is | ||||||
10 | elected to
office pursuant to the Constitution or a statute or | ||||||
11 | ordinance, or who is
appointed to an office which is | ||||||
12 | established, and the qualifications and
duties of which are | ||||||
13 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
14 | discharge a public duty for the State, agency or department
| ||||||
15 | thereof, unit of local government, school district, | ||||||
16 | instrumentality or
political subdivision.
| ||||||
17 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
18 | prior to contract award or prior to bid opening for State | ||||||
19 | contracts for construction or construction-related services, | ||||||
20 | has filed with the Department a properly completed, sworn and
| ||||||
21 | currently valid employer report form, pursuant to the | ||||||
22 | Department's regulations.
The provisions of this Article | ||||||
23 | relating to eligible bidders apply only
to bids on contracts | ||||||
24 | with the State and its departments, agencies, boards,
and | ||||||
25 | commissions, and the provisions do not apply to bids on | ||||||
26 | contracts with
units of local government or school districts.
|
| |||||||
| |||||||
1 | (K) Citizenship Status. "Citizenship status" means the | ||||||
2 | status of being:
| ||||||
3 | (1) a born U.S. citizen;
| ||||||
4 | (2) a naturalized U.S. citizen;
| ||||||
5 | (3) a U.S. national; or
| ||||||
6 | (4) a person born outside the United States and not a | ||||||
7 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
8 | protected from discrimination under
the provisions of | ||||||
9 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
10 | or hereafter amended.
| ||||||
11 | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20; | ||||||
12 | 101-430, eff. 7-1-20; revised 8-4-20.)
|