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| Public Act 102-0487 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Victims' Economic Security and Safety Act | ||||
is amended by changing Sections 10, 20, 25, 30, and 45 as | ||||
follows:
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(820 ILCS 180/10)
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Sec. 10. Definitions. In this Act, except as otherwise | ||||
expressly provided:
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(1) "Commerce" includes trade, traffic, commerce,
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transportation, or communication; and "industry or | ||||
activity
affecting commerce" means any activity, business, | ||||
or industry in
commerce or in which a labor dispute would | ||||
hinder or obstruct
commerce or the free flow of commerce, | ||||
and includes "commerce" and
any "industry affecting | ||||
commerce".
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(2) "Course of conduct" means a course of repeatedly | ||||
maintaining
a visual or physical proximity to a person or | ||||
conveying oral or
written threats, including threats | ||||
conveyed through electronic
communications, or threats | ||||
implied by conduct. | ||||
(2.5) "Crime of violence" means any conduct proscribed | ||||
by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal | ||||
Code of 2012 or a similar provision of the Criminal Code of | ||
1961, in addition to conduct proscribed by Articles of the | ||
Criminal Code of 2012 referenced in other definitions in | ||
this Section.
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(3) "Department" means the Department of Labor.
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(4) "Director" means the Director of Labor.
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(5) "Domestic violence, sexual violence, or gender | ||
violence" means domestic violence, sexual
assault, gender | ||
violence, or stalking.
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(6) "Domestic violence" means abuse, as defined in | ||
Section 103 of the Illinois Domestic Violence Act of 1986, | ||
by a family or household member, as defined in Section 103 | ||
of the Illinois Domestic Violence Act of 1986.
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(7) "Electronic communications" includes | ||
communications via
telephone, mobile phone, computer, | ||
e-mail, video recorder, fax
machine, telex, pager, online | ||
platform (including, but not limited to, any public-facing | ||
website, web application, digital application, or social | ||
network), or any other electronic communication, as | ||
defined in Section 12-7.5 of the Criminal Code of 2012.
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(8) "Employ" includes to suffer or permit to work.
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(9) Employee.
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(A) In general. "Employee" means any person | ||
employed by an employer.
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(B) Basis. "Employee" includes a person employed | ||
as described in
subparagraph (A) on a full or | ||
part-time basis,
or as a participant in a work
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assignment as a condition of receipt of federal or | ||
State
income-based public assistance.
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(10) "Employer" means any of the following: (A) the | ||
State or any agency
of the
State; (B) any unit of local | ||
government or school district; or (C) any person
that | ||
employs
at least one employee.
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(11) "Employment benefits" means all benefits provided | ||
or made
available to employees by an employer, including | ||
group life
insurance, health insurance, disability | ||
insurance, sick leave,
annual leave, educational benefits, | ||
pensions, and profit-sharing, regardless of
whether such | ||
benefits are provided by a practice or written
policy of | ||
an employer or through an "employee benefit plan".
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"Employee benefit plan" or "plan" means an employee | ||
welfare
benefit plan or an employee pension benefit plan | ||
or a plan which
is both an employee welfare benefit plan | ||
and an employee pension
benefit plan.
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(12) "Family or household member", for employees with | ||
a family or household member who is a victim of domestic | ||
violence, sexual violence, or gender violence, or any
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other crime of violence, means a spouse or party to a civil | ||
union,
parent, grandparent, child, grandchild, sibling, or | ||
any son, daughter, other person related by blood or by | ||
present or prior marriage or civil union, other person who | ||
shares a relationship through a child, or any other | ||
individual
whose close association
with the employee is | ||
the equivalent of a family relationship as determined by | ||
the employee son or daughter, and persons jointly residing
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in the same household.
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(12.5) "Gender violence" means: | ||
(A) one or more acts of violence or aggression | ||
satisfying the elements of any criminal offense under the | ||
laws of this State that are committed, at least in part, on | ||
the basis of a person's actual or perceived sex or gender, | ||
regardless of whether the acts resulted in criminal | ||
charges, prosecution, or conviction; | ||
(B) a physical intrusion or physical invasion of a | ||
sexual nature under coercive conditions satisfying the | ||
elements of any criminal offense under the laws of this | ||
State, regardless of whether the intrusion or invasion | ||
resulted in criminal charges, prosecution, or conviction; | ||
or | ||
(C) a threat of an act described in item (A) or (B) | ||
causing a realistic apprehension that the originator of | ||
the threat will commit the act. | ||
(13) (Blank). "Parent" means the biological parent of | ||
an employee or an
individual who stood in loco parentis to | ||
an employee when the
employee was a son or daughter. "Son | ||
or daughter" means
a biological, adopted, or foster child, | ||
a stepchild, a legal
ward, or a child of a person standing | ||
in loco parentis, who is
under 18 years of age, or is 18 | ||
years of age or older and incapable
of self-care because | ||
of a mental or physical disability.
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(14) "Perpetrator" means an individual who commits or | ||
is alleged
to have committed any act or threat of domestic | ||
violence, sexual violence, or gender violence, or any | ||
other crime of violence.
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(15) "Person" means an individual, partnership, | ||
association,
corporation, business trust, legal | ||
representative, or any
organized group of persons.
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(16) "Public agency" means the Government of the State | ||
or
political subdivision thereof; any agency of the State, | ||
or of a
political subdivision of the State; or any | ||
governmental agency.
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(17) "Public assistance" includes cash, food stamps, | ||
medical
assistance, housing assistance, and other benefits | ||
provided on
the basis of income by a public agency or | ||
public employer.
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(18) "Reduced work schedule" means a work schedule | ||
that reduces
the usual number of hours per workweek, or | ||
hours per workday, of
an employee.
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(19) "Repeatedly" means on 2 or more occasions.
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(20) "Sexual assault" means any conduct proscribed by: | ||
(i) Article 11 of the Criminal Code of 2012 except | ||
Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14, | ||
12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or | ||
(iii) a similar provision of the Criminal Code of 1961. | ||
(20.5) "Sexual violence" means sexual assault.
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(21) "Stalking" means any conduct proscribed by the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 in | ||
Sections 12-7.3, 12-7.4, and 12-7.5.
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(22) "Victim" or "survivor" means an individual who | ||
has
been subjected to domestic violence, sexual violence, | ||
or gender violence, or any other crime of violence.
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"Victim" also includes any person described as a victim, | ||
as
defined under Section 2 of the Crime Victims | ||
Compensation
Act.
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(23) "Victim services organization" means a nonprofit,
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nongovernmental organization that provides assistance to | ||
victims
of domestic violence, sexual violence, or gender | ||
violence, or any other crime of violence or to advocates | ||
for such victims,
including a rape crisis center, an | ||
organization carrying out a
domestic violence program, an | ||
organization operating a shelter or
providing counseling | ||
services, or a legal services organization
or other | ||
organization providing assistance through the legal
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process.
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(Source: P.A. 101-221, eff. 1-1-20.)
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(820 ILCS 180/20)
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Sec. 20. Entitlement to leave due to domestic violence, | ||
sexual violence, or gender violence, or any other crime of | ||
violence.
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(a) Leave requirement.
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(1) Basis. An employee who is a victim of domestic | ||
violence, sexual violence, or gender violence, or any
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other crime of violence or an employee who has a family or | ||
household member who is a victim of
domestic violence, | ||
sexual violence, or gender violence, or any other crime of
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violence whose interests are not adverse to
the employee | ||
as it relates to the domestic violence, sexual violence, | ||
or gender violence, or any other crime of violence may | ||
take unpaid
leave
from work if the employee or employee's | ||
family or household member is experiencing an incident of | ||
domestic violence, sexual violence, or gender violence, or | ||
any other crime of violence or to address domestic | ||
violence, sexual violence, or gender violence, or any | ||
other crime of violence by:
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(A) seeking medical attention for, or recovering | ||
from,
physical or psychological injuries caused by | ||
domestic violence, sexual violence, or gender | ||
violence, or any other crime of violence to the | ||
employee or the employee's family or
household member;
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(B) obtaining services from a victim services | ||
organization
for the employee or the employee's family | ||
or household
member;
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(C) obtaining psychological or other counseling | ||
for the
employee or the employee's family or household | ||
member;
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(D) participating in safety planning, temporarily | ||
or
permanently relocating, or taking other actions to | ||
increase
the safety of the employee or the employee's | ||
family or
household member from future domestic | ||
violence, sexual violence, or gender violence, or any | ||
other crime of violence or
ensure economic security; | ||
or
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(E) seeking legal assistance or remedies to ensure | ||
the
health and safety of the employee or the | ||
employee's family
or household member, including | ||
preparing for or
participating in any civil or | ||
criminal legal proceeding
related to or derived from | ||
domestic violence, sexual violence, or gender | ||
violence, or any other crime of violence.
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(2) Period. Subject to subsection (c), an employee | ||
working for an employer that employs
at least 50 employees | ||
shall be
entitled to a total of 12 workweeks of leave | ||
during any 12-month
period. Subject to subsection (c), an | ||
employee working for an employer that employs
at least 15 | ||
but not more than 49 employees shall be entitled to a total | ||
of 8 workweeks of leave during any 12-month period. | ||
Subject to subsection (c), an employee working for an | ||
employer that employs at least one but not more than 14 | ||
employees shall be entitled to a total of 4 workweeks of | ||
leave during any 12-month period. The total number of | ||
workweeks to which an employee is entitled shall not | ||
decrease during the relevant 12-month period. This Act | ||
does not create a right for an employee to take
unpaid | ||
leave that exceeds the unpaid leave time allowed under, or
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is in addition to the unpaid leave time permitted by, the | ||
federal
Family and Medical Leave Act of 1993 (29 U.S.C. | ||
2601 et seq.).
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(3) Schedule. Leave described in paragraph (1) may be | ||
taken consecutively, intermittently, or on a reduced work | ||
schedule.
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(b) Notice. The employee shall provide the employer with | ||
at least 48 hours'
advance
notice of the employee's intention | ||
to take the leave, unless providing
such notice is not | ||
practicable. When an unscheduled absence occurs,
the employer | ||
may not take any action against the employee if the
employee, | ||
upon request of the employer and within a reasonable period | ||
after the absence, provides
certification under subsection | ||
(c).
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(c) Certification.
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(1) In general. The employer may require the employee | ||
to provide
certification to the employer
that:
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(A) the employee or the employee's family or | ||
household
member is a victim of domestic violence, | ||
sexual violence, or gender violence, or any other | ||
crime of violence; and
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(B) the leave is for one of the purposes | ||
enumerated in
paragraph (a)(1).
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The employee shall provide such certification to the | ||
employer within a
reasonable period after the employer | ||
requests certification.
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(2) Contents. An employee may satisfy the | ||
certification
requirement of paragraph (1) by providing to | ||
the employer
a sworn statement of the employee, and if the | ||
employee has possession of such document, the employee | ||
shall provide one of the following documents upon | ||
obtaining such documents the
employee shall provide:
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(A) documentation from an employee, agent, or | ||
volunteer of
a victim services organization, an | ||
attorney, a member of
the clergy, or a medical or other | ||
professional from whom
the employee or the employee's | ||
family or household member
has sought assistance in | ||
addressing domestic violence, sexual violence, or | ||
gender violence, or any other crime of violence and | ||
the effects of the violence;
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(B) a police or court record; or
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(C) other corroborating evidence.
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The employee shall choose which document to submit, | ||
and the employer shall not request or require more than | ||
one document to be submitted during the same 12-month | ||
period leave is requested or taken if the reason for leave | ||
is related to the same incident or incidents of violence | ||
or the same perpetrator or perpetrators of the violence. | ||
(d) Confidentiality. All information provided to the | ||
employer pursuant
to subsection (b) or (c), including a | ||
statement of the employee or any
other documentation, record, | ||
or corroborating evidence, and the fact
that the employee has | ||
requested or obtained leave pursuant to this
Section, shall be | ||
retained in the strictest confidence by the employer,
except | ||
to the extent that disclosure is:
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(1) requested or consented to in writing by the | ||
employee; or
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(2) otherwise required by applicable federal or State | ||
law.
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(e) Employment and benefits.
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(1) Restoration to position.
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(A) In general. Any
employee who takes leave under | ||
this Section for the
intended purpose of the leave | ||
shall be entitled, on return
from such leave:
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(i) to be restored by the employer to the | ||
position of
employment held by the employee when | ||
the leave
commenced; or
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(ii) to be restored to an equivalent position | ||
with
equivalent employment benefits, pay, and | ||
other terms
and conditions of employment.
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(B) Loss of benefits. The taking of leave under | ||
this
Section shall not result in the loss of any | ||
employment
benefit accrued prior to the date on which | ||
the leave
commenced.
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(C) Limitations. Nothing in this subsection shall | ||
be
construed to entitle any restored employee to:
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(i) the accrual of any seniority or employment
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benefits during any period of leave; or
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(ii) any right, benefit, or position of | ||
employment
other than any right, benefit, or | ||
position to which
the employee would have been | ||
entitled had the
employee not taken the leave.
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(D) Construction. Nothing in this paragraph shall | ||
be
construed to prohibit an employer from requiring an
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employee on leave under this Section to report | ||
periodically
to the employer on the status and | ||
intention of the employee
to return to work.
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(2) Maintenance of health benefits.
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(A) Coverage. Except as provided in subparagraph | ||
(B),
during any period that an employee takes leave | ||
under this
Section, the employer shall maintain | ||
coverage for the
employee and any family or household | ||
member under any group
health plan for the duration of | ||
such leave at the level and
under the conditions | ||
coverage would have been provided if
the employee had | ||
continued in employment continuously for
the duration | ||
of such leave.
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(B) Failure to return from leave. The employer may | ||
recover
the premium that the employer paid for | ||
maintaining coverage
for the employee and the | ||
employee's family or household
member under such group | ||
health plan during any period of
leave under this | ||
Section if:
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(i) the employee fails to return from leave | ||
under
this Section after the period of leave to | ||
which the
employee is entitled has expired; and
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(ii) the employee fails to return to work for | ||
a
reason other than:
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(I) the continuation, recurrence, or onset | ||
of
domestic violence, sexual violence, or | ||
gender violence, or any other crime of
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violence that entitles the
employee to leave | ||
pursuant to this Section; or
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(II) other circumstances beyond the | ||
control of the employee.
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(C) Certification.
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(i) Issuance. An employer may require an | ||
employee who
claims that the employee is unable to | ||
return to work
because of a reason described in | ||
subclause (I) or
(II) of subparagraph (B)(ii) to | ||
provide, within a
reasonable period after making | ||
the claim,
certification to the employer that the | ||
employee is
unable to return to work because of | ||
that reason.
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(ii) Contents. An employee may satisfy the
| ||
certification requirement of clause (i) by | ||
providing
to the employer:
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(I) a sworn statement of the employee;
| ||
(II) documentation from an employee, | ||
agent, or
volunteer of a victim services | ||
organization, an
attorney, a member of the | ||
clergy, or a medical
or other professional | ||
from whom the employee
has sought assistance | ||
in addressing domestic violence, sexual | ||
violence, or gender violence, or any other | ||
crime of
violence and the effects of that
| ||
violence;
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(III) a police or court record; or
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(IV) other corroborating evidence.
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The employee shall choose which document to submit, | ||
and the employer shall not request or require more than | ||
one document to be submitted. | ||
(D) Confidentiality. All information provided to | ||
the
employer pursuant to subparagraph (C), including a
| ||
statement of the employee or any other documentation,
| ||
record, or corroborating evidence, and the fact that | ||
the
employee is not returning to work because of a | ||
reason
described in subclause (I) or (II) of | ||
subparagraph (B)(ii)
shall be retained in the | ||
strictest confidence by the
employer, except to the | ||
extent that disclosure is:
| ||
(i) requested or consented to in writing by | ||
the
employee; or
| ||
(ii) otherwise required by applicable federal | ||
or
State law.
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(f) Prohibited acts.
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(1) Interference with rights.
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(A) Exercise of rights. It shall be unlawful for | ||
any
employer to interfere with, restrain, or deny the | ||
exercise
of or the attempt to exercise any right | ||
provided under
this Section.
| ||
(B) Employer discrimination. It shall be unlawful | ||
for any
employer to discharge or harass any | ||
individual, or
otherwise discriminate against any | ||
individual with respect
to compensation, terms, | ||
conditions, or privileges of
employment of the | ||
individual (including retaliation in any
form or | ||
manner) because the individual:
| ||
(i) exercised any right provided under this | ||
Section;
or
| ||
(ii) opposed any practice made unlawful by | ||
this
Section.
| ||
(C) Public agency sanctions. It shall be unlawful | ||
for any
public agency to deny, reduce, or terminate | ||
the benefits
of, otherwise sanction, or harass any | ||
individual, or
otherwise discriminate against any | ||
individual with respect
to the amount, terms, or | ||
conditions of public assistance of
the individual | ||
(including retaliation in any form or
manner) because | ||
the individual:
| ||
(i) exercised any right provided under this | ||
Section;
or
| ||
(ii) opposed any practice made unlawful by | ||
this
Section.
| ||
(2) Interference with proceedings or inquiries. It | ||
shall be
unlawful for any person to discharge or in any | ||
other manner
discriminate (as described in subparagraph | ||
(B) or (C) of
paragraph (1)) against any individual | ||
because such individual:
| ||
(A) has filed any charge, or has instituted or | ||
caused to be
instituted any proceeding, under or | ||
related to this
Section;
| ||
(B) has given, or is about to give, any | ||
information in
connection with any inquiry or | ||
proceeding relating to any
right provided under this | ||
Section; or
| ||
(C) has testified, or is about to testify, in any | ||
inquiry
or proceeding relating to any right provided | ||
under this Section.
| ||
(Source: P.A. 101-221, eff. 1-1-20.)
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(820 ILCS 180/25)
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Sec. 25. Existing leave usable for addressing domestic | ||
violence, sexual violence, or gender violence, or any criminal | ||
violence. An employee who is entitled to take paid or unpaid | ||
leave (including
family, medical, sick, annual, personal, or | ||
similar leave) from employment,
pursuant to federal, State, or | ||
local law, a collective bargaining agreement, or
an
employment | ||
benefits program or plan, may elect to substitute any period | ||
of such
leave for an equivalent period of leave provided under | ||
Section 20. The employer may not require the employee to | ||
substitute available paid or unpaid leave for leave provided | ||
under Section 20.
| ||
(Source: P.A. 101-221, eff. 1-1-20.)
| ||
(820 ILCS 180/30)
| ||
Sec. 30. Victims' employment sustainability; prohibited
| ||
discriminatory acts. | ||
(a) An employer shall not fail to hire, refuse to hire,
| ||
discharge, constructively discharge, or harass any individual, | ||
otherwise discriminate against any
individual with respect to | ||
the compensation, terms, conditions, or
privileges of | ||
employment of the individual, or retaliate against an
| ||
individual in any form or manner, and a public agency shall not | ||
deny,
reduce, or terminate the benefits of, otherwise | ||
sanction, or harass any
individual, otherwise discriminate | ||
against any individual with respect
to the amount, terms, or | ||
conditions of public assistance of the
individual, or | ||
retaliate against an individual in any form or manner,
| ||
because:
| ||
(1) the individual involved:
| ||
(A) is or is perceived to be a victim of domestic | ||
violence, sexual violence, or gender violence, or any | ||
criminal violence;
| ||
(B) attended, participated in, prepared for, or | ||
requested
leave to attend, participate in, or prepare | ||
for a criminal
or civil court proceeding relating to | ||
an incident of
domestic violence, sexual violence, or | ||
gender violence, or any criminal violence of which the | ||
individual or a
family or household member of the | ||
individual was a victim, or requested or took leave | ||
for any other reason provided under Section 20;
| ||
(C) requested an adjustment to a job structure, | ||
workplace
facility, or work requirement, including a | ||
transfer,
reassignment, or modified schedule, leave, a | ||
changed
telephone number or seating assignment, | ||
installation of a
lock, or implementation of a safety | ||
procedure in response
to actual or threatened domestic | ||
violence, sexual violence, or gender violence, or any | ||
other crime of
violence,
regardless of whether the | ||
request was granted; or | ||
(D) is an employee whose employer is subject to | ||
Section 21 of the Workplace Violence Prevention Act; | ||
or
| ||
(2) the workplace is disrupted or threatened by the | ||
action of a
person whom the individual states has | ||
committed or threatened to
commit domestic violence, | ||
sexual violence, or gender violence, or any other crime of
| ||
violence against the individual or the
individual's family | ||
or household member.
| ||
(b) In this Section:
| ||
(1) "Discriminate", used with respect to the terms, | ||
conditions,
or privileges of employment or with respect to | ||
the terms or
conditions of public assistance, includes not | ||
making a reasonable
accommodation to the known limitations | ||
resulting from
circumstances relating to being a victim of | ||
domestic violence, sexual violence, or gender violence, or | ||
any criminal violence or a family or household member | ||
being a victim of
domestic violence, sexual violence, or | ||
gender violence, or any other crime of
violence of an | ||
otherwise qualified individual:
| ||
(A) who is:
| ||
(i) an applicant or employee of the employer | ||
(including a
public agency); or
| ||
(ii) an applicant for or recipient of public | ||
assistance
from a public agency; and
| ||
(B) who is:
| ||
(i) or is perceived to be a victim of domestic | ||
violence, sexual violence, or gender violence, or | ||
any other crime of
violence; or
| ||
(ii) with a family or household member who is | ||
or is perceived to be a victim of
domestic | ||
violence, sexual violence, or gender violence, or | ||
any other crime of
violence whose interests are | ||
not adverse to
the individual in subparagraph (A) | ||
as it relates to the domestic violence, sexual | ||
violence, or gender violence, or any other crime | ||
of
violence;
| ||
unless the employer or public agency can demonstrate that | ||
the
accommodation would impose an undue hardship on the | ||
operation of
the employer or public agency.
| ||
A reasonable accommodation must be made in a timely | ||
fashion. Any exigent circumstances or danger facing the | ||
employee or his or her family or household member shall be | ||
considered in determining whether the accommodation is | ||
reasonable. | ||
(2) "Qualified individual" means:
| ||
(A) in the case of an applicant or employee | ||
described in
paragraph (1)(A)(i), an individual who, | ||
but for being a
victim of domestic violence, sexual | ||
violence, or gender violence, or any other crime of
| ||
violence or with a family or
household member who is a | ||
victim of domestic violence, sexual violence, or | ||
gender violence, or any other crime of
violence, can | ||
perform the essential functions of the
employment | ||
position that such individual holds or desires;
or
| ||
(B) in the case of an applicant or recipient | ||
described in
paragraph (1)(A)(ii), an individual who, | ||
but for being a
victim of domestic violence, sexual | ||
violence, or gender violence, or any other crime of
| ||
violence or with a family or
household member who is a | ||
victim of domestic violence, sexual violence, or | ||
gender violence, or any other crime of
violence, can | ||
satisfy the essential requirements of the
program | ||
providing the public assistance that the individual
| ||
receives or desires.
| ||
(3) "Reasonable accommodation" may include an | ||
adjustment to a job
structure, workplace facility, or work | ||
requirement, including a
transfer, reassignment, or | ||
modified schedule, leave, a changed
telephone number or | ||
seating assignment, installation of a lock,
or | ||
implementation of a safety procedure, or assistance in | ||
documenting domestic violence, sexual violence, or gender | ||
violence, or any other crime of
violence that occurs at | ||
the workplace or in work-related settings, or any other | ||
reasonable accommodation in response to actual or
| ||
threatened domestic violence, sexual violence, or gender | ||
violence, or any other crime of
violence.
| ||
(4) Undue hardship.
| ||
(A) In general. "Undue hardship" means an action | ||
requiring
significant difficulty or expense, when | ||
considered in light
of the factors set forth in | ||
subparagraph (B).
| ||
(B) Factors to be considered. In determining | ||
whether a
reasonable accommodation would impose an | ||
undue hardship on
the operation of an employer or | ||
public agency, factors to
be considered include:
| ||
(i) the nature and cost of the reasonable
| ||
accommodation needed under this Section;
| ||
(ii) the overall financial resources of the | ||
facility
involved in the provision of the | ||
reasonable
accommodation, the number of persons | ||
employed at such
facility, the effect on expenses | ||
and resources, or
the impact otherwise of such | ||
accommodation on the
operation of the facility;
| ||
(iii) the overall financial resources of the | ||
employer
or public agency, the overall size of the | ||
business of
an employer or public agency with | ||
respect to the
number of employees of the employer | ||
or public agency,
and the number, type, and | ||
location of the facilities
of an employer or | ||
public agency; and
| ||
(iv) the type of operation of the employer or | ||
public
agency, including the composition, | ||
structure, and
functions of the workforce of the | ||
employer or public
agency, the geographic | ||
separateness of the facility
from the employer or | ||
public agency, and the
administrative or fiscal | ||
relationship of the facility
to the employer or | ||
public agency.
| ||
(c) An employer subject to Section 21 of the Workplace | ||
Violence Prevention Act shall not violate any provisions of | ||
the Workplace Violence Prevention Act. | ||
(d) Confidentiality. All information provided to the
| ||
employer pursuant to this Section including a
statement of the | ||
employee or any other documentation, record, or corroborating | ||
evidence, and the fact that the employee has requested or | ||
obtained an accommodation pursuant to this Section shall be | ||
retained in the strictest confidence by the employer, except | ||
to the extent that disclosure is: | ||
(1) requested or consented to in writing by the
| ||
employee; or | ||
(2) otherwise required by applicable federal or State
| ||
law. | ||
(Source: P.A. 101-221, eff. 1-1-20.)
| ||
(820 ILCS 180/45)
| ||
Sec. 45. Effect on other laws and employment benefits.
| ||
(a) More protective laws, agreements, programs, and
plans. | ||
Nothing in this Act shall be construed to supersede
any | ||
provision of any federal, State, or local law, collective
| ||
bargaining agreement, or employment benefits program or plan
| ||
that provides:
| ||
(1) greater leave benefits for victims of domestic | ||
violence, sexual violence, or gender violence, or any
| ||
other crime of violence
than the rights established under | ||
this
Act; or
| ||
(2) leave benefits for a larger population of
victims | ||
of domestic violence, sexual violence, or gender violence, | ||
or any
other crime of violence (as defined in
such law, | ||
agreement, program, or plan) than the victims
of domestic | ||
violence, sexual violence, or gender violence, or any
| ||
other crime of violence covered under this Act.
| ||
(b) Less protective laws, agreements, programs, and
plans. | ||
The rights established for employees who are victims
of | ||
domestic violence, sexual violence, or gender violence, or any
| ||
other crime of violence and employees with a family or
| ||
household member who is a victim of domestic violence, sexual | ||
violence, or gender violence, or any
other crime of violence | ||
under this Act shall not be diminished by any
federal, State or | ||
local law, collective bargaining agreement, or
employment | ||
benefits program or plan.
| ||
(Source: P.A. 101-221, eff. 1-1-20.)
| ||