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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB1174enr SB1174 Enrolled LRB9106029WHpk 1 AN ACT to amend the Illinois Human Rights Act by changing 2 Section 2-105. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Human Rights Act is amended by 6 changing Section 2-105 as follows: 7 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105) 8 Sec. 2-105. Equal Employment Opportunities; Affirmative 9 Action. 10 (A) Public Contracts. Every party to a public contract 11 and every eligible bidder shall: 12 (1) Refrain from unlawful discrimination and 13 discrimination based on citizenship status in employment 14 and undertake affirmative action to assure equality of 15 employment opportunity and eliminate the effects of past 16 discrimination; 17 (2) Comply with the procedures and requirements of 18 the Department's regulations concerning equal employment 19 opportunities and affirmative action; 20 (3) Provide such information, with respect to its 21 employees and applicants for employment, and assistance 22 as the Department may reasonably request; 23 (4) Have written sexual harassment policies that 24 shall include, at a minimum, the following information: 25 (i) the illegality of sexual harassment; (ii) the 26 definition of sexual harassment under State law; (iii) a 27 description of sexual harassment, utilizing examples; 28 (iv) the vendor's internal complaint process including 29 penalties; (v) the legal recourse, investigative and 30 complaint process available through the Department and 31 the Commission; (vi) directions on how to contact the SB1174 Enrolled -2- LRB9106029WHpk 1 Department and Commission; and (vii) protection against 2 retaliation as provided by Section 6-101 of this Act. A 3 copy of the policies shall be provided to the Department 4 upon request. 5 (B) State Agencies. Every State executive department, 6 State agency, board, commission, and instrumentality shall: 7 (1) Comply with the procedures and requirements of 8 the Department's regulations concerning equal employment 9 opportunities and affirmative action; 10 (2) Provide such information and assistance as the 11 Department may request. 12 (3) Establish, maintain, and carry out a continuing 13 affirmative action plan consistent with this Act and the 14 regulations of the Department designed to promote equal 15 opportunity for all State residents in every aspect of 16 agency personnel policy and practice. For purposes of 17 these affirmative action plans, the race and national 18 origin categories to be included in the plans are: 19 African American, Hispanic or Latino, Native American, 20 Asian, and any other category as required by Department 21 rule. This plan shall include a current detailed status 22 report: 23 (a) indicating, by each position in State 24 service, the number, percentage, and average salary 25 of individuals employed by race, national origin, 26 sex and disability, and any other category that the 27 Department may require by rule; 28 (b) identifying all positions in which the 29 percentage of the people employed by race, national 30 origin, sex and disability, and any other category 31 that the Department may require by rule, is less 32 than four-fifths of the percentage of each of those 33 components in the State work force; 34 (c) specifying the goals and methods for SB1174 Enrolled -3- LRB9106029WHpk 1 increasing the percentage by race, national origin, 2 sex and disability, and any other category that the 3 Department may require by rule, in State positions; 4 (d) indicating progress and problems toward 5 meeting equal employment opportunity goals, 6 including, if applicable, but not limited to, 7 Department of Central Management Services 8 recruitment efforts, publicity, promotions, and use 9 of options designating positions by linguistic 10 abilities; 11 (e) establishing a numerical hiring goal for 12 the employment of qualified persons with 13 disabilities in the agency as a whole, to be based 14 on the proportion of people with work disabilities 15 in the Illinois labor force as reflected in the most 16 recent decennial Census. 17 (4) If the agency has 1000 or more employees, 18 appoint a full-time Equal Employment Opportunity officer, 19 subject to the Department's approval, whose duties shall 20 include: 21 (a) Advising the head of the particular State 22 agency with respect to the preparation of equal 23 employment opportunity programs, procedures, 24 regulations, reports, and the agency's affirmative 25 action plan. 26 (b) Evaluating in writing each fiscal year the 27 sufficiency of the total agency program for equal 28 employment opportunity and reporting thereon to the 29 head of the agency with recommendations as to any 30 improvement or correction in recruiting, hiring or 31 promotion needed, including remedial or disciplinary 32 action with respect to managerial or supervisory 33 employees who have failed to cooperate fully or who 34 are in violation of the program. SB1174 Enrolled -4- LRB9106029WHpk 1 (c) Making changes in recruitment, training 2 and promotion programs and in hiring and promotion 3 procedures designed to eliminate discriminatory 4 practices when authorized. 5 (d) Evaluating tests, employment policies, 6 practices and qualifications and reporting to the 7 head of the agency and to the Department any 8 policies, practices and qualifications that have 9 unequal impact by race, national origin as required 10 by Department rule, sex or disability or any other 11 category that the Department may require by rule, 12 and to assist in the recruitment of people in 13 underrepresented classifications. This function 14 shall be performed in cooperation with the State 15 Department of Central Management Services. 16 (e) Making any aggrieved employee or applicant 17 for employment aware of his or her remedies under 18 this Act. 19 In any meeting, investigation, negotiation, 20 conference, or other proceeding between a State 21 employee and an Equal Employment Opportunity 22 officer, a State employee (1) who is not covered by 23 a collective bargaining agreement and (2) who is the 24 complaining party or the subject of such proceeding 25 may be accompanied, advised and represented by (1) 26 an attorney licensed to practice law in the State of 27 Illinois or (2) a representative of an employee 28 organization whose membership is composed of 29 employees of the State and of which the employee is 30 a member. A representative of an employee, other 31 than an attorney, may observe but may not actively 32 participate, or advise the State employee during the 33 course of such meeting, investigation, negotiation, 34 conference or other proceeding. Nothing in this SB1174 Enrolled -5- LRB9106029WHpk 1 Section shall be construed to permit any person who 2 is not licensed to practice law in Illinois to 3 deliver any legal services or otherwise engage in 4 any activities that would constitute the 5 unauthorized practice of law. Any representative of 6 an employee who is present with the consent of the 7 employee, shall not, during or after termination of 8 the relationship permitted by this Section with the 9 State employee, use or reveal any information 10 obtained during the course of the meeting, 11 investigation, negotiation, conference or other 12 proceeding without the consent of the complaining 13 party and any State employee who is the subject of 14 the proceeding and pursuant to rules and regulations 15 governing confidentiality of such information as 16 promulgated by the appropriate State agency. 17 Intentional or reckless disclosure of information in 18 violation of these confidentiality requirements 19 shall constitute a Class B misdemeanor. 20 (5) Establish, maintain and carry out a continuing 21 sexual harassment program that shall include the 22 following: 23 (a) Develop a written sexual harassment policy 24 that includes at a minimum the following 25 information: (i) the illegality of sexual 26 harassment; (ii) the definition of sexual harassment 27 under State law; (iii) a description of sexual 28 harassment, utilizing examples; (iv) the agency's 29 internal complaint process including penalties; (v) 30 the legal recourse, investigative and complaint 31 process available through the Department and the 32 Commission; (vi) directions on how to contact the 33 Department and Commission; and (vii) protection 34 against retaliation as provided by Section 6-101 of SB1174 Enrolled -6- LRB9106029WHpk 1 this Act. The policy shall be reviewed annually. 2 (b) Post in a prominent and accessible 3 location and distribute in a manner to assure notice 4 to all agency employees without exception the 5 agency's sexual harassment policy. Such documents 6 may meet, but shall not exceed, the 6th grade 7 literacy level. Distribution shall be effectuated 8 within 90 days of the effective date of this 9 amendatory Act of 1992 and shall occur annually 10 thereafter. 11 (c) Provide training on sexual harassment 12 prevention and the agency's sexual harassment policy 13 as a component of all ongoing or new employee 14 training programs. 15 (6) Notify the Department 30 days before effecting 16 any layoff. Once notice is given, the following shall 17 occur: 18 (a) No layoff may be effective earlier than 10 19 working days after notice to the Department, unless 20 an emergency layoff situation exists. 21 (b) The State executive department, State 22 agency, board, commission, or instrumentality in 23 which the layoffs are to occur must notify each 24 employee targeted for layoff, the employee's union 25 representative (if applicable), and the State 26 Dislocated Worker Unit at the Department of Commerce 27 and Community Affairs. 28 (c) The State executive department, State 29 agency, board, commission, or instrumentality in 30 which the layoffs are to occur must conform to 31 applicable collective bargaining agreements. 32 (d) The State executive department, State 33 agency, board, commission, or instrumentality in 34 which the layoffs are to occur should notify each SB1174 Enrolled -7- LRB9106029WHpk 1 employee targeted for layoff that transitional 2 assistance may be available to him or her under the 3 Economic Dislocation and Worker Adjustment 4 Assistance Act administered by the Department of 5 Commerce and Community Affairs. Failure to give 6 such notice shall not invalidate the layoff or 7 postpone its effective date. 8 As used in this subsection (B), "disability" shall be 9 defined in rules promulgated under the Illinois 10 Administrative Procedure Act. 11 (C) Civil Rights Violations. It is a civil rights 12 violation for any public contractor or eligible bidder to: 13 (1) fail to comply with the public contractor's or 14 eligible bidder's duty to refrain from unlawful 15 discrimination and discrimination based on citizenship 16 status in employment under subsection (A)(1) of this 17 Section; or 18 (2) fail to comply with the public contractor's or 19 eligible bidder's duties of affirmative action under 20 subsection (A) of this Section, provided however, that 21 the Department has notified the public contractor or 22 eligible bidder in writing by certified mail that the 23 public contractor or eligible bidder may not be in 24 compliance with affirmative action requirements of 25 subsection (A). A minimum of 60 days to comply with the 26 requirements shall be afforded to the public contractor 27 or eligible bidder before the Department may issue formal 28 notice of non-compliance. 29 (Source: P.A. 88-498; 89-370, eff. 8-18-95.)