Bill Text: IL SB3326 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Employment Article of the Illinois Human Rights Act. Provides that specified requirements related to public contracts shall be completed prior to contract execution.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3326 Detail]

Download: Illinois-2019-SB3326-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3326 Introduced 2/11/2020, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
775 ILCS 5/2-105 from Ch. 68, par. 2-105
Amends the Employment Article of the Illinois Human Rights Act. Provides that specified requirements related to public contracts shall be completed prior to contract execution.
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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 2-105 as follows:
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder, prior to execution of the contract,
shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment
and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall

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include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative and complaint process
available through the Department and the Commission; (vi)
directions on how to contact the Department and Commission;
and (vii) protection against retaliation as provided by
Section 6-101 of this Act. A copy of the policies shall be
provided to the Department upon request. Additionally,
each bidder who submits a bid or offer for a State contract
under the Illinois Procurement Code shall have a written
copy of the bidder's sexual harassment policy as required
under this paragraph (4). A copy of the policy shall be
provided to the State agency entering into the contract
upon request.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the

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regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of these
affirmative action plans, the race and national origin
categories to be included in the plans are: American Indian
or Alaska Native, Asian, Black or African American,
Hispanic or Latino, Native Hawaiian or Other Pacific
Islander.
This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and
disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category that
the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;
(c) specifying the goals and methods for
increasing the percentage by race, national origin,
sex and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward

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meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of
people with work disabilities in the Illinois labor
force as reflected in the most recent employment data
made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint a
full-time Equal Employment Opportunity officer, subject to
the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal
employment opportunity and reporting thereon to the
head of the agency with recommendations as to any
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory

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employees who have failed to cooperate fully or who are
in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.
(d) Evaluating tests, employment policies,
practices and qualifications and reporting to the head
of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex or disability or any other category that the
Department may require by rule, and to assist in the
recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an

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attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or advise
the State employee during the course of such meeting,
investigation, negotiation, conference or other
proceeding. Nothing in this Section shall be construed
to permit any person who is not licensed to practice
law in Illinois to deliver any legal services or
otherwise engage in any activities that would
constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference or other
proceeding without the consent of the complaining
party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall

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constitute a Class B misdemeanor.
(5) Establish, maintain and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:
(i) the illegality of sexual harassment; (ii) the
definition of sexual harassment under State law; (iii)
a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative and complaint process available through
the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and (vii)
protection against retaliation as provided by Section
6-101 of this Act. The policy shall be reviewed
annually.
(b) Post in a prominent and accessible location and
distribute in a manner to assure notice to all agency
employees without exception the agency's sexual
harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment

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prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an
emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee targeted
for layoff, the employee's union representative (if
applicable), and the State Dislocated Worker Unit at
the Department of Commerce and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Commerce and
Economic Opportunity. Failure to give such notice

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shall not invalidate the layoff or postpone its
effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation
for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this
Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance with
affirmative action requirements of subsection (A). A
minimum of 60 days to comply with the requirements shall be
afforded to the public contractor or eligible bidder before
the Department may issue formal notice of non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who

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maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)