Full Text of HB0647 100th General Assembly
HB0647ham001 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/21/2017
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| 1 | | AMENDMENT TO HOUSE BILL 647
| 2 | | AMENDMENT NO. ______. Amend House Bill 647 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 2-102 as follows:
| 6 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 7 | | Sec. 2-102. Civil Rights Violations - Employment. It is a | 8 | | civil
rights violation:
| 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
| 14 | | discrimination or citizenship status.
| 15 | | (A-5) Language. For an employer to impose a restriction | 16 | | that has the
effect of prohibiting a language from being spoken |
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| 1 | | by an employee in
communications that are unrelated to the | 2 | | employee's duties.
| 3 | | For the purposes of this subdivision (A-5), "language" | 4 | | means a person's
native tongue, such as Polish, Spanish, or
| 5 | | Chinese.
"Language" does not include such things as slang, | 6 | | jargon, profanity, or
vulgarity.
| 7 | | (B) Employment Agency. For any employment agency to fail or | 8 | | refuse
to classify properly, accept applications and register | 9 | | for employment
referral or apprenticeship referral, refer for | 10 | | employment, or refer for
apprenticeship on the basis of | 11 | | unlawful discrimination or citizenship
status or to accept from | 12 | | any person any job order, requisition or request
for referral | 13 | | of applicants for employment or apprenticeship which makes or
| 14 | | has the effect of making unlawful discrimination or | 15 | | discrimination on the
basis of citizenship status a condition | 16 | | of referral.
| 17 | | (C) Labor Organization. For any labor organization to | 18 | | limit,
segregate or classify its membership, or to limit | 19 | | employment
opportunities, selection and training for | 20 | | apprenticeship in any trade or
craft, or otherwise to take, or | 21 | | fail to take, any action which affects
adversely any person's | 22 | | status as an employee or as an applicant for
employment or as | 23 | | an apprentice, or as an applicant for apprenticeships,
or | 24 | | wages, tenure, hours of employment or apprenticeship | 25 | | conditions on the
basis of unlawful discrimination or | 26 | | citizenship status.
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| 1 | | (D) Sexual Harassment. For any employer, employee, agent of | 2 | | any employer,
employment agency or labor organization to engage | 3 | | in sexual harassment;
provided, that an employer shall be | 4 | | responsible for sexual harassment
of the employer's employees | 5 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 6 | | only if the employer becomes aware of the conduct and fails to
| 7 | | take reasonable corrective measures.
| 8 | | (E) Public Employers. For any public employer to refuse to | 9 | | permit a
public employee under its jurisdiction who takes time | 10 | | off from work in
order to practice his or her religious beliefs | 11 | | to engage in work, during hours
other than such employee's | 12 | | regular working hours, consistent with the
operational needs of | 13 | | the employer and in order to compensate for work time
lost for | 14 | | such religious reasons. Any employee who elects such deferred
| 15 | | work shall be compensated at the wage rate which he or she | 16 | | would have
earned during the originally scheduled work period. | 17 | | The employer may
require that an employee who plans to take | 18 | | time off from work in order to
practice his or her religious | 19 | | beliefs provide the employer with a notice of
his or her | 20 | | intention to be absent from work not exceeding 5 days prior to
| 21 | | the date of absence.
| 22 | | (F) Training and Apprenticeship Programs. For any | 23 | | employer,
employment agency or labor organization to | 24 | | discriminate against a person on
the basis of age in the | 25 | | selection, referral for or conduct of apprenticeship
or | 26 | | training programs.
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| 1 | | (G) Immigration-Related Practices. | 2 | | (1) for an employer to request for
purposes of | 3 | | satisfying the requirements of Section 1324a(b) of Title 8 | 4 | | of
the United States Code, as now or hereafter amended, | 5 | | more or different
documents than are required under such | 6 | | Section or to refuse to honor
documents tendered that on | 7 | | their face reasonably appear to be genuine; or
| 8 | | (2) for an employer participating in the E-Verify | 9 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 10 | | Programs for Employment Eligibility Confirmation (enacted | 11 | | by PL 104-208, div. C title IV, subtitle A) to refuse to | 12 | | hire, to segregate, or to act with respect to recruitment, | 13 | | hiring, promotion, renewal of employment, selection for | 14 | | training or apprenticeship, discharge, discipline, tenure | 15 | | or terms, privileges or conditions of employment without | 16 | | following the procedures under the E-Verify Program. | 17 | | (H) (Blank).
| 18 | | (I) Pregnancy. For an employer to refuse to hire, to | 19 | | segregate, or to act with respect to recruitment, hiring, | 20 | | promotion, renewal of employment, selection for training or | 21 | | apprenticeship, discharge, discipline, tenure or terms, | 22 | | privileges or conditions of employment on the basis of | 23 | | pregnancy, childbirth, or medical or common conditions related | 24 | | to pregnancy or childbirth. Women affected by pregnancy, | 25 | | childbirth, or medical or common conditions related to | 26 | | pregnancy or childbirth shall be treated the same for all |
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| 1 | | employment-related purposes, including receipt of benefits | 2 | | under fringe benefit programs, as other persons not so affected | 3 | | but similar in their ability or inability to work, regardless | 4 | | of the source of the inability to work or employment | 5 | | classification or status. | 6 | | (J) Pregnancy; reasonable accommodations. | 7 | | (1) If after a job applicant or employee, including a | 8 | | part-time, full-time, or probationary employee, requests a | 9 | | reasonable accommodation, for an employer to not make | 10 | | reasonable accommodations for any medical or common | 11 | | condition of a job applicant or employee related to | 12 | | pregnancy or childbirth, unless the employer can | 13 | | demonstrate that the accommodation would impose an undue | 14 | | hardship on the ordinary operation of the business of the | 15 | | employer. The employer may request documentation from the | 16 | | employee's health care provider concerning the need for the | 17 | | requested reasonable accommodation or accommodations to | 18 | | the same extent documentation is requested for conditions | 19 | | related to disability if the employer's request for | 20 | | documentation is job-related and consistent with business | 21 | | necessity. The employer may require only the medical | 22 | | justification for the requested accommodation or | 23 | | accommodations, a description of the reasonable | 24 | | accommodation or accommodations medically advisable, the | 25 | | date the reasonable accommodation or accommodations became | 26 | | medically advisable, and the probable duration of the |
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| 1 | | reasonable accommodation or accommodations. It is the duty | 2 | | of the individual seeking a reasonable accommodation or | 3 | | accommodations to submit to the employer any documentation | 4 | | that is requested in accordance with this paragraph. | 5 | | Notwithstanding the provisions of this paragraph, the | 6 | | employer may require documentation by the employee's | 7 | | health care provider to determine compliance with other | 8 | | laws. The employee and employer shall engage in a timely, | 9 | | good faith, and meaningful exchange to determine effective | 10 | | reasonable accommodations. | 11 | | (2) For an employer to deny employment opportunities or | 12 | | benefits to or take adverse action against an otherwise | 13 | | qualified job applicant or employee, including a | 14 | | part-time, full-time, or probationary employee, if the | 15 | | denial or adverse action is based on the need of the | 16 | | employer to make reasonable accommodations to the known | 17 | | medical or common conditions related to the pregnancy or | 18 | | childbirth of the applicant or employee. | 19 | | (3) For an employer to require a job applicant or | 20 | | employee, including a part-time, full-time, or | 21 | | probationary employee, affected by pregnancy, childbirth, | 22 | | or medical or common conditions related to pregnancy or | 23 | | childbirth to accept an accommodation when the applicant or | 24 | | employee did not request an accommodation and the applicant | 25 | | or employee chooses not to accept the employer's | 26 | | accommodation. |
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| 1 | | (4) For an employer to require an employee, including a | 2 | | part-time, full-time, or probationary employee, to take | 3 | | leave under any leave law or policy of the employer if | 4 | | another reasonable accommodation can be provided to the | 5 | | known medical or common conditions related to the pregnancy | 6 | | or childbirth of an employee. No employer shall fail or | 7 | | refuse to reinstate the employee affected by pregnancy, | 8 | | childbirth, or medical or common conditions related to | 9 | | pregnancy or childbirth to her original job or to an | 10 | | equivalent position with equivalent pay and accumulated | 11 | | seniority, retirement, fringe benefits, and other | 12 | | applicable service credits upon her signifying her intent | 13 | | to return or when her need for reasonable accommodation | 14 | | ceases, unless the employer can demonstrate that the | 15 | | accommodation would impose an undue hardship on the | 16 | | ordinary operation of the business of the employer. | 17 | | For the purposes of this subdivision (J), "reasonable | 18 | | accommodations" means reasonable modifications or adjustments | 19 | | to the job application process or work environment, or to the | 20 | | manner or circumstances under which the position desired or | 21 | | held is customarily performed, that enable an applicant or | 22 | | employee affected by pregnancy, childbirth, or medical or | 23 | | common conditions related to pregnancy or childbirth to be | 24 | | considered for the position the applicant desires or to perform | 25 | | the essential functions of that position, and may include, but | 26 | | is not limited to: more frequent or longer bathroom breaks, |
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| 1 | | breaks for increased water intake, and breaks for periodic | 2 | | rest; private non-bathroom space for expressing breast milk and | 3 | | breastfeeding; seating; assistance with manual labor; light | 4 | | duty; temporary transfer to a less strenuous or hazardous | 5 | | position; the provision of an accessible worksite; acquisition | 6 | | or modification of equipment; job restructuring; a part-time or | 7 | | modified work schedule; appropriate adjustment or | 8 | | modifications of examinations, training materials, or | 9 | | policies; reassignment to a vacant position; time off to | 10 | | recover from conditions related to childbirth; and leave | 11 | | necessitated by pregnancy, childbirth, or medical or common | 12 | | conditions resulting from pregnancy or childbirth. | 13 | | For the purposes of this subdivision (J), "undue hardship" | 14 | | means an action that is prohibitively expensive or disruptive | 15 | | when considered in light of the following factors: (i) the | 16 | | nature and cost of the accommodation needed; (ii) the overall | 17 | | financial resources of the facility or facilities involved in | 18 | | the provision of the reasonable accommodation, the number of | 19 | | persons employed at the facility, the effect on expenses and | 20 | | resources, or the impact otherwise of the accommodation upon | 21 | | the operation of the facility; (iii) the overall financial | 22 | | resources of the employer, the overall size of the business of | 23 | | the employer with respect to the number of its employees, and | 24 | | the number, type, and location of its facilities; and (iv) the | 25 | | type of operation or operations of the employer, including the | 26 | | composition, structure, and functions of the workforce of the |
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| 1 | | employer, the geographic separateness, administrative, or | 2 | | fiscal relationship of the facility or facilities in question | 3 | | to the employer. The employer has the burden of proving undue | 4 | | hardship. The fact that the employer provides or would be | 5 | | required to provide a similar accommodation to similarly | 6 | | situated employees creates a rebuttable presumption that the | 7 | | accommodation does not impose an undue hardship on the | 8 | | employer. | 9 | | No employer is required by this subdivision (J) to create | 10 | | additional employment that the employer would not otherwise | 11 | | have created, unless the employer does so or would do so for | 12 | | other classes of employees who need accommodation. The employer | 13 | | is not required to discharge any employee, transfer any | 14 | | employee with more seniority, or promote any employee who is | 15 | | not qualified to perform the job, unless the employer does so | 16 | | or would do so to accommodate other classes of employees who | 17 | | need it. | 18 | | (K) Notice. | 19 | | (1) For an employer to fail to post or keep posted in a | 20 | | conspicuous location on the premises of the employer where | 21 | | notices to employees are customarily posted, or fail to | 22 | | include in any employee handbook information concerning an | 23 | | employee's rights under this Article, a notice, to be | 24 | | prepared or approved by the Department, summarizing the | 25 | | requirements of this Article and information pertaining to | 26 | | the filing of a charge, including the right to be free from |
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| 1 | | unlawful discrimination and the right to certain | 2 | | reasonable accommodations. The Department shall make the | 3 | | documents required under this paragraph available for | 4 | | retrieval from the Department's website. | 5 | | (2) Upon notification of a violation of paragraph (1) | 6 | | of this subdivision (K), the Department may launch a | 7 | | preliminary investigation. If the Department finds a | 8 | | violation, the Department may issue a notice to show cause | 9 | | giving the employer 30 days to correct the violation. If | 10 | | the violation is not corrected, the Department may initiate | 11 | | a charge of a civil rights violation. | 12 | | (L) Order of protection status. For an employer to refuse | 13 | | to make reasonable accommodations in the workplace for an | 14 | | employee protected under an order of protection that requires a | 15 | | person to stay away from an employee's workplace or otherwise | 16 | | relates to or affects or extends to the employee's workplace, | 17 | | including: | 18 | | (1) changing the contact information, such as | 19 | | telephone number, fax number, or electronic-mail address | 20 | | of the employee; | 21 | | (2) screening the telephone calls of the employee; | 22 | | (3) restructuring the job functions of the employee; | 23 | | (4) changing the work location of the employee; | 24 | | (5) installing locks and other security devices; and | 25 | | (6) allowing the employee to work flexible hours. | 26 | | The employee and employer shall engage in a timely, good |
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| 1 | | faith, and meaningful exchange to determine effective | 2 | | reasonable accommodations. An employer is not required to make | 3 | | the reasonable accommodations if they are not requested by the | 4 | | protected employee or if they cause undue hardship on the work | 5 | | operations of the employer. As used in this subdivision (L), | 6 | | "undue hardship" means accommodations that: (i) conflict with | 7 | | the employer's attendance policy or residency requirement; or | 8 | | (ii) cause a significant difficulty or expense on the operation | 9 | | of an employer, when considered in light of the following | 10 | | factors: | 11 | | (A) the nature and cost of the reasonable accommodation | 12 | | needed; | 13 | | (B) the overall financial resources, number of | 14 | | employees, and the number, type, and placement of the work | 15 | | locations of an employer; and | 16 | | (C) the type of operation of the employer, including | 17 | | the composition, structure, and functions of the workforce | 18 | | of the employer, the geographic separateness of the | 19 | | employee's work location from the employer, and the | 20 | | administrative or fiscal relationship of the work location | 21 | | to the employer. | 22 | | Prior to making the reasonable accommodations under this | 23 | | subdivision (L), an employer may verify that an employee is | 24 | | protected by an order of protection entered under Article 112A | 25 | | of the Code of Criminal Procedure of 1963 or the Illinois | 26 | | Domestic Violence Act of 1986. An employee for whom reasonable |
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| 1 | | accommodations are made under this subdivision (L) shall notify | 2 | | the employer when the order of protection expires. | 3 | | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13; | 4 | | 98-1050, eff. 1-1-15 .)".
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