Bill Text: IL SB1847 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Freedom of Information Act to remove an exemption from disclosure for certain information under the Equal Pay Act of 2003. Amends the Equal Pay Act of 2003. Requires employers with fewer than 100 employees to certify that they are exempt from specified provisions. Provides that a business subject to the equal pay registration certificate requirement on March 23, 2021 shall apply for and obtain an equal pay registration certificate between March 24, 2022 and March 23, 2024, rather than within 3 years after March 23, 2021. Provides that a business subject to the equal pay registration certificate requirement after March 23, 2021 shall apply for the certificate within 3 years of commencing business. Requires recertification every 2 years. Requires disclosure of information by county in which the employee works, beginning date of employment, and any other information the Department deems necessary to access pay equity. Provides that the business must disclose its approach to determining the level of wages and benefits payable to employees and identify differences in approach by title of classification employee. Provides that employees may obtain title and pay data. Permits the Department of Labor to share data with the Department of Human Rights and the Attorney General. With respect to violations of the Act by employers having 100 or more employees, authorizes a penalty of up to $10,000 per employee for violation other than equal pay certificate requirements and a penalty of $10,000 for violation of the equal pay certificate requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0036 [SB1847 Detail]

Download: Illinois-2021-SB1847-Engrossed.html

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SB1847 Engrossed LRB102 11505 LNS 16839 b
AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. References to Act. This Act may be referred to
as the CROWN (Create a Respectful and Open Workplace for
Natural Hair) Act.
Section 5. The Illinois Human Rights Act is amended by
changing Section 1-103 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.

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(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" means a determinable physical

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or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which
may result from disease, injury, congenital condition of birth
or functional disorder and which characteristic:
(1) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.

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(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.

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(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her

SB1847 Engrossed - 6 - LRB102 11505 LNS 16839 b
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section. As used in Articles 2
and 5A of this Act, "race" includes traits historically
associated with race, including, but not limited to, hair
texture and protective hairstyles such as braids, locks, and
twists.
(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)