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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 2-102 as follows:
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6 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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7 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
8 | civil
rights violation:
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9 | (A) Employers. For any employer to refuse to hire, to | ||||||
10 | segregate, or
to act with respect to recruitment, hiring, | ||||||
11 | promotion, renewal of employment,
selection for training or | ||||||
12 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
13 | privileges or conditions of employment on the basis of unlawful
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14 | discrimination or citizenship status.
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15 | (A-5) Language. For an employer to impose a restriction | ||||||
16 | that has the
effect of prohibiting a language from being spoken | ||||||
17 | by an employee in
communications that are unrelated to the | ||||||
18 | employee's duties.
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19 | For the purposes of this subdivision (A-5), "language" | ||||||
20 | means a person's
native tongue, such as Polish, Spanish, or
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21 | Chinese.
"Language" does not include such things as slang, | ||||||
22 | jargon, profanity, or
vulgarity.
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23 | (B) Employment Agency. For any employment agency to fail or |
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1 | refuse
to classify properly, accept applications and register | ||||||
2 | for employment
referral or apprenticeship referral, refer for | ||||||
3 | employment, or refer for
apprenticeship on the basis of | ||||||
4 | unlawful discrimination or citizenship
status or to accept from | ||||||
5 | any person any job order, requisition or request
for referral | ||||||
6 | of applicants for employment or apprenticeship which makes or
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7 | has the effect of making unlawful discrimination or | ||||||
8 | discrimination on the
basis of citizenship status a condition | ||||||
9 | of referral.
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10 | (C) Labor Organization. For any labor organization to | ||||||
11 | limit,
segregate or classify its membership, or to limit | ||||||
12 | employment
opportunities, selection and training for | ||||||
13 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
14 | fail to take, any action which affects
adversely any person's | ||||||
15 | status as an employee or as an applicant for
employment or as | ||||||
16 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
17 | wages, tenure, hours of employment or apprenticeship | ||||||
18 | conditions on the
basis of unlawful discrimination or | ||||||
19 | citizenship status.
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20 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
21 | any employer,
employment agency or labor organization to engage | ||||||
22 | in sexual harassment;
provided, that an employer shall be | ||||||
23 | responsible for sexual harassment
of the employer's employees | ||||||
24 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
25 | only if the employer becomes aware of the conduct and fails to
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26 | take reasonable corrective measures.
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1 | (E) Public Employers. For any public employer to refuse to | ||||||
2 | permit a
public employee under its jurisdiction who takes time | ||||||
3 | off from work in
order to practice his or her religious beliefs | ||||||
4 | to engage in work, during hours
other than such employee's | ||||||
5 | regular working hours, consistent with the
operational needs of | ||||||
6 | the employer and in order to compensate for work time
lost for | ||||||
7 | such religious reasons. Any employee who elects such deferred
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8 | work shall be compensated at the wage rate which he or she | ||||||
9 | would have
earned during the originally scheduled work period. | ||||||
10 | The employer may
require that an employee who plans to take | ||||||
11 | time off from work in order to
practice his or her religious | ||||||
12 | beliefs provide the employer with a notice of
his or her | ||||||
13 | intention to be absent from work not exceeding 5 days prior to
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14 | the date of absence.
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15 | (E-5) Religious discrimination. For any employer to impose | ||||||
16 | upon a person as a condition of obtaining or retaining | ||||||
17 | employment, including opportunities for promotion, | ||||||
18 | advancement, or transfer, any terms or conditions that would | ||||||
19 | require such person to violate or forgo a sincerely held | ||||||
20 | practice of his or her religion including, but not limited to, | ||||||
21 | the wearing of any attire, clothing, or facial hair in | ||||||
22 | accordance with the requirements of his or her religion, | ||||||
23 | unless, after engaging in a bona fide effort, the employer | ||||||
24 | demonstrates that it is unable to reasonably accommodate the | ||||||
25 | employee's or prospective employee's sincerely held religious | ||||||
26 | belief, practice, or observance without undue hardship on the |
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1 | conduct of the employer's business. | ||||||
2 | Nothing in this Section prohibits an employer from enacting | ||||||
3 | a dress code or grooming policy that may include restrictions | ||||||
4 | on attire, clothing, or facial hair to maintain workplace | ||||||
5 | safety or food sanitation. | ||||||
6 | (F) Training and Apprenticeship Programs. For any | ||||||
7 | employer,
employment agency or labor organization to | ||||||
8 | discriminate against a person on
the basis of age in the | ||||||
9 | selection, referral for or conduct of apprenticeship
or | ||||||
10 | training programs.
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11 | (G) Immigration-Related Practices. | ||||||
12 | (1) for an employer to request for
purposes of | ||||||
13 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
14 | of
the United States Code, as now or hereafter amended, | ||||||
15 | more or different
documents than are required under such | ||||||
16 | Section or to refuse to honor
documents tendered that on | ||||||
17 | their face reasonably appear to be genuine; or
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18 | (2) for an employer participating in the E-Verify | ||||||
19 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
20 | Programs for Employment Eligibility Confirmation (enacted | ||||||
21 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
22 | hire, to segregate, or to act with respect to recruitment, | ||||||
23 | hiring, promotion, renewal of employment, selection for | ||||||
24 | training or apprenticeship, discharge, discipline, tenure | ||||||
25 | or terms, privileges or conditions of employment without | ||||||
26 | following the procedures under the E-Verify Program. |
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1 | (H) (Blank).
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2 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
3 | segregate, or to act with respect to recruitment, hiring, | ||||||
4 | promotion, renewal of employment, selection for training or | ||||||
5 | apprenticeship, discharge, discipline, tenure or terms, | ||||||
6 | privileges or conditions of employment on the basis of | ||||||
7 | pregnancy, childbirth, or medical or common conditions related | ||||||
8 | to pregnancy or childbirth. Women affected by pregnancy, | ||||||
9 | childbirth, or medical or common conditions related to | ||||||
10 | pregnancy or childbirth shall be treated the same for all | ||||||
11 | employment-related purposes, including receipt of benefits | ||||||
12 | under fringe benefit programs, as other persons not so affected | ||||||
13 | but similar in their ability or inability to work, regardless | ||||||
14 | of the source of the inability to work or employment | ||||||
15 | classification or status. | ||||||
16 | (J) Pregnancy; reasonable accommodations. | ||||||
17 | (1) If after a job applicant or employee, including a | ||||||
18 | part-time, full-time, or probationary employee, requests a | ||||||
19 | reasonable accommodation, for an employer to not make | ||||||
20 | reasonable accommodations for any medical or common | ||||||
21 | condition of a job applicant or employee related to | ||||||
22 | pregnancy or childbirth, unless the employer can | ||||||
23 | demonstrate that the accommodation would impose an undue | ||||||
24 | hardship on the ordinary operation of the business of the | ||||||
25 | employer. The employer may request documentation from the | ||||||
26 | employee's health care provider concerning the need for the |
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1 | requested reasonable accommodation or accommodations to | ||||||
2 | the same extent documentation is requested for conditions | ||||||
3 | related to disability if the employer's request for | ||||||
4 | documentation is job-related and consistent with business | ||||||
5 | necessity. The employer may require only the medical | ||||||
6 | justification for the requested accommodation or | ||||||
7 | accommodations, a description of the reasonable | ||||||
8 | accommodation or accommodations medically advisable, the | ||||||
9 | date the reasonable accommodation or accommodations became | ||||||
10 | medically advisable, and the probable duration of the | ||||||
11 | reasonable accommodation or accommodations. It is the duty | ||||||
12 | of the individual seeking a reasonable accommodation or | ||||||
13 | accommodations to submit to the employer any documentation | ||||||
14 | that is requested in accordance with this paragraph. | ||||||
15 | Notwithstanding the provisions of this paragraph, the | ||||||
16 | employer may require documentation by the employee's | ||||||
17 | health care provider to determine compliance with other | ||||||
18 | laws. The employee and employer shall engage in a timely, | ||||||
19 | good faith, and meaningful exchange to determine effective | ||||||
20 | reasonable accommodations. | ||||||
21 | (2) For an employer to deny employment opportunities or | ||||||
22 | benefits to or take adverse action against an otherwise | ||||||
23 | qualified job applicant or employee, including a | ||||||
24 | part-time, full-time, or probationary employee, if the | ||||||
25 | denial or adverse action is based on the need of the | ||||||
26 | employer to make reasonable accommodations to the known |
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1 | medical or common conditions related to the pregnancy or | ||||||
2 | childbirth of the applicant or employee. | ||||||
3 | (3) For an employer to require a job applicant or | ||||||
4 | employee, including a part-time, full-time, or | ||||||
5 | probationary employee, affected by pregnancy, childbirth, | ||||||
6 | or medical or common conditions related to pregnancy or | ||||||
7 | childbirth to accept an accommodation when the applicant or | ||||||
8 | employee did not request an accommodation and the applicant | ||||||
9 | or employee chooses not to accept the employer's | ||||||
10 | accommodation. | ||||||
11 | (4) For an employer to require an employee, including a | ||||||
12 | part-time, full-time, or probationary employee, to take | ||||||
13 | leave under any leave law or policy of the employer if | ||||||
14 | another reasonable accommodation can be provided to the | ||||||
15 | known medical or common conditions related to the pregnancy | ||||||
16 | or childbirth of an employee. No employer shall fail or | ||||||
17 | refuse to reinstate the employee affected by pregnancy, | ||||||
18 | childbirth, or medical or common conditions related to | ||||||
19 | pregnancy or childbirth to her original job or to an | ||||||
20 | equivalent position with equivalent pay and accumulated | ||||||
21 | seniority, retirement, fringe benefits, and other | ||||||
22 | applicable service credits upon her signifying her intent | ||||||
23 | to return or when her need for reasonable accommodation | ||||||
24 | ceases, unless the employer can demonstrate that the | ||||||
25 | accommodation would impose an undue hardship on the | ||||||
26 | ordinary operation of the business of the employer. |
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1 | For the purposes of this subdivision (J), "reasonable | ||||||
2 | accommodations" means reasonable modifications or adjustments | ||||||
3 | to the job application process or work environment, or to the | ||||||
4 | manner or circumstances under which the position desired or | ||||||
5 | held is customarily performed, that enable an applicant or | ||||||
6 | employee affected by pregnancy, childbirth, or medical or | ||||||
7 | common conditions related to pregnancy or childbirth to be | ||||||
8 | considered for the position the applicant desires or to perform | ||||||
9 | the essential functions of that position, and may include, but | ||||||
10 | is not limited to: more frequent or longer bathroom breaks, | ||||||
11 | breaks for increased water intake, and breaks for periodic | ||||||
12 | rest; private non-bathroom space for expressing breast milk and | ||||||
13 | breastfeeding; seating; assistance with manual labor; light | ||||||
14 | duty; temporary transfer to a less strenuous or hazardous | ||||||
15 | position; the provision of an accessible worksite; acquisition | ||||||
16 | or modification of equipment; job restructuring; a part-time or | ||||||
17 | modified work schedule; appropriate adjustment or | ||||||
18 | modifications of examinations, training materials, or | ||||||
19 | policies; reassignment to a vacant position; time off to | ||||||
20 | recover from conditions related to childbirth; and leave | ||||||
21 | necessitated by pregnancy, childbirth, or medical or common | ||||||
22 | conditions resulting from pregnancy or childbirth. | ||||||
23 | For the purposes of this subdivision (J), "undue hardship" | ||||||
24 | means an action that is prohibitively expensive or disruptive | ||||||
25 | when considered in light of the following factors: (i) the | ||||||
26 | nature and cost of the accommodation needed; (ii) the overall |
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1 | financial resources of the facility or facilities involved in | ||||||
2 | the provision of the reasonable accommodation, the number of | ||||||
3 | persons employed at the facility, the effect on expenses and | ||||||
4 | resources, or the impact otherwise of the accommodation upon | ||||||
5 | the operation of the facility; (iii) the overall financial | ||||||
6 | resources of the employer, the overall size of the business of | ||||||
7 | the employer with respect to the number of its employees, and | ||||||
8 | the number, type, and location of its facilities; and (iv) the | ||||||
9 | type of operation or operations of the employer, including the | ||||||
10 | composition, structure, and functions of the workforce of the | ||||||
11 | employer, the geographic separateness, administrative, or | ||||||
12 | fiscal relationship of the facility or facilities in question | ||||||
13 | to the employer. The employer has the burden of proving undue | ||||||
14 | hardship. The fact that the employer provides or would be | ||||||
15 | required to provide a similar accommodation to similarly | ||||||
16 | situated employees creates a rebuttable presumption that the | ||||||
17 | accommodation does not impose an undue hardship on the | ||||||
18 | employer. | ||||||
19 | No employer is required by this subdivision (J) to create | ||||||
20 | additional employment that the employer would not otherwise | ||||||
21 | have created, unless the employer does so or would do so for | ||||||
22 | other classes of employees who need accommodation. The employer | ||||||
23 | is not required to discharge any employee, transfer any | ||||||
24 | employee with more seniority, or promote any employee who is | ||||||
25 | not qualified to perform the job, unless the employer does so | ||||||
26 | or would do so to accommodate other classes of employees who |
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1 | need it. | ||||||
2 | (K) Notice. | ||||||
3 | (1) For an employer to fail to post or keep posted in a | ||||||
4 | conspicuous location on the premises of the employer where | ||||||
5 | notices to employees are customarily posted, or fail to | ||||||
6 | include in any employee handbook information concerning an | ||||||
7 | employee's rights under this Article, a notice, to be | ||||||
8 | prepared or approved by the Department, summarizing the | ||||||
9 | requirements of this Article and information pertaining to | ||||||
10 | the filing of a charge, including the right to be free from | ||||||
11 | unlawful discrimination and the right to certain | ||||||
12 | reasonable accommodations. The Department shall make the | ||||||
13 | documents required under this paragraph available for | ||||||
14 | retrieval from the Department's website. | ||||||
15 | (2) Upon notification of a violation of paragraph (1) | ||||||
16 | of this subdivision (K), the Department may launch a | ||||||
17 | preliminary investigation. If the Department finds a | ||||||
18 | violation, the Department may issue a notice to show cause | ||||||
19 | giving the employer 30 days to correct the violation. If | ||||||
20 | the violation is not corrected, the Department may initiate | ||||||
21 | a charge of a civil rights violation. | ||||||
22 | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13; | ||||||
23 | 98-1050, eff. 1-1-15 .)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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