Public Act 100-0698
 
SB0405 EnrolledLRB100 04975 RJF 14985 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Procurement Code is amended  by 
adding Section 50-80 as follows:
 
    (30 ILCS 500/50-80 new)
    Sec. 50-80. Sexual harassment policy. Each bidder who 
submits a  bid or offer for a State contract under this Code 
shall have a sexual harassment policy in accordance with 
paragraph (4) of subsection (A) of Section 2-105 of the 
Illinois Human Rights Act. A copy of the policy shall be 
provided to the State agency entering into the contract upon 
request.
 
    Section 10. The Economic Development for a Growing Economy 
Tax Credit Act is amended  by changing Section 5-20 and  by 
adding Section 5-58 as follows:
 



    (35 ILCS 10/5-20)



    Sec. 5-20. Application for a  project to create and retain 
new jobs. 

    (a) Any Taxpayer proposing a project located or planned to 
be located in
Illinois may request consideration
for 
designation of its project, by formal written letter of request 
or by
formal application to the Department,
in which the 
Applicant states its intent to make at least a specified level 
of
investment and
intends to hire or retain a
specified number 
of full-time employees at a designated location in Illinois.
As

circumstances require, the
Department may require a formal 
application from an Applicant and a formal
letter of request 
for
assistance.

    (b) In order to qualify for Credits under this Act, an 
Applicant's project
must:

        (1) if the Applicant has more than 100 employees, 
    involve an investment of at least $2,500,000 in capital 
    improvements
to be placed in service within the
State as a 
    direct result of the project; if the Applicant has 100 or 
    fewer employees, then there is no capital investment 
    requirement; and 

        (1.5) if the Applicant has more than 100 employees, 
    employ a number of new employees in the State equal to the 
    lesser of (A) 10% of the number of full-time employees 
    employed by the applicant world-wide on the date the 
    application is filed with the Department or (B) 50 New 
    Employees; and, if the Applicant has 100 or fewer 
    employees, employ a number of new employees in the State 
    equal to the lesser of (A) 5% of the number of full-time 
    employees employed by the applicant world-wide on the date 
    the application is filed with the Department or (B) 50 New 
    Employees; and 
        (2) (blank);
        (3) (blank); .


        (4)   include an annual sexual harassment policy report 
    as provided under Section 5-58. 
    (c) After receipt of an application, the Department may 
enter into an
Agreement with the Applicant if the
application 
is accepted in accordance with Section 5-25.

(Source: P.A. 100-511, eff. 9-18-17.)

 
    (35 ILCS 10/5-58 new)
    Sec. 5-58. Sexual harassment policy report. Each taxpayer 
claiming a credit under this Act shall, no later than April 15 
of each taxable year for which the taxpayer claims a credit 
under this Act, submit to the Department of Commerce and 
Economic Opportunity a report detailing that taxpayer's sexual 
harassment policy, which contains, 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, and investigative and complaint processes 
available through the Department; (vi) directions on how to 
contact the Department; and (vii) protection against 
retaliation as provided by Section 6-101 of the Illinois Human 
Rights Act. A copy of the policy shall be provided to the 
Department upon request. The reports required under this 
Section shall be submitted in a form and manner determined by 
the Department of Commerce and Economic Opportunity.
 
    Section 15. 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 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 
    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 
    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 
        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 
        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 
        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 
        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 
        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 
        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 
    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.)



Effective Date:  1/1/2019