(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education"
means: (1) a
publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a
designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or
higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an |
| institution of elementary, secondary, or higher education;
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(2) The educational performance required or expected
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(3) The attendance or assignment requirements
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| applicable to the student;
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(4) To what courses, fields of study or programs,
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| including honors and graduate programs, the student will be admitted;
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(5) What placement or course proficiency requirements
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| are applicable to the student;
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(6) The quality of instruction the student will
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(7) What tuition or fee requirements are applicable
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(8) What scholarship opportunities are available to
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(9) What extracurricular teams the student will be a
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| member of or in what extracurricular competitions the student will participate;
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(10) Any grade the student will receive in any
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| examination or in any course or program of instruction in which the student is enrolled;
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(11) The progress of the student toward successful
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| completion of or graduation from any course or program of instruction in which the student is enrolled; or
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(12) What degree, if any, the student will receive.
(F) Harassment in Elementary, Secondary, or Higher Education. "Harassment in elementary, secondary, or higher education" means any unwelcome conduct by an elementary, secondary or higher education representative toward a student
on the basis of a student's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, or offensive educational environment.
(G) Educational Environment. "Educational environment" includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law.
(Source: P.A. 103-472, eff. 8-1-24 .)
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(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil
rights violation:
(A) Sexual Harassment; Elementary, Secondary, or |
| Higher Education Representative. For any elementary, secondary, or higher education representative to commit or engage in sexual harassment in elementary, secondary, or higher education.
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(B) Sexual Harassment; Institution of Elementary,
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| Secondary, or Higher Education. For any institution of elementary, secondary, or higher education to fail to take remedial action, or to fail to take appropriate disciplinary action against an elementary, secondary, or higher education representative employed by such institution, when such institution knows that such elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in sexual harassment in elementary, secondary, or higher education.
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(C) Harassment; Elementary, Secondary, or Higher
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| Education Representative. For any elementary, secondary, or higher education representative to commit or engage in harassment in elementary, secondary, or higher education.
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(D) Harassment; Institution of Elementary, Secondary,
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| or Higher Education. For any institution of elementary, secondary, or higher education to fail to take appropriate corrective action to stop harassment if the institution knows that an elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in harassment in elementary, secondary, or higher education.
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(E) Failure to Report. For any school district
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| established under the School Code or institutions of elementary or secondary education covered by this Act to fail to disclose information as required by Section 2-3.196 of the School Code.
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(F) Exemptions. Nothing in Article 5A shall be
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| construed to limit jurisdiction under Section 5-102.2. Subsections (C), (D), and (E) shall apply solely to nonsectarian institutions of elementary, secondary or higher education and elementary, secondary, or higher education representatives employed by such nonsectarian institutions.
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(Source: P.A. 103-472, eff. 8-1-24 .)
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(775 ILCS 5/5A-103) Sec. 5A-103. Discrimination and harassment based on race, color, or national origin; and retaliation. (a) The General Assembly finds that harassment and discrimination based on race, color, or national origin has a detrimental influence in schools, contributing to psychological and physical harm and poorer academic outcomes for students of color, and higher rates of teacher turnover among teachers of color. It is the General Assembly's intent that each institution of elementary and secondary education in the State adopt and actively implement policies to reduce and respond effectively to harassment and discrimination based on race, color, and national origin; to provide students, parents or guardians, and employees information on how to recognize and report harassment and discrimination; and, for students, parents or guardians, and employees, to report harassment and discrimination based on race, color, or national origin without fear of retaliation, loss of status, or loss of opportunities. (b) The Department shall produce a model training program aimed at the prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. The model program shall be made available to institutions of elementary and secondary education and to the public online at no cost. This model program shall regard participants as potential bystanders, rather than potential offenders, and include, at a minimum, the following: (1) a primary focus on preventing discrimination and |
| harassment based on race, color, and national origin and retaliation;
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(2) an explanation of discrimination and harassment
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| based on race, color, and national origin and retaliation;
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(3) examples of conduct that constitutes
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| discrimination and harassment based on race, color, and national origin and retaliation;
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(4) an explanation, with examples, of how patterns of
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| conduct can, taken together over time, rise to the level of bullying, harassment, or discrimination;
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(5) an explanation of the difference between
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| discrimination based on disparate treatment and discrimination based on disparate impact;
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(6) a summary of other classes that are protected
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| from harassment and discrimination, and a statement that training intended to improve recognition of discrimination and harassment based on race, color, and national origin does not diminish protections under the law for other protected classes;
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(7) an explanation of the difference between
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| harassment as defined under this Act and bullying;
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(8) a summary of relevant federal and State statutory
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| protections and remedies available to victims concerning discrimination and harassment based on race, color, and national origin, and retaliation, including, but not limited to, a summary of this Act's protections from discrimination, harassment and retaliation in the following contexts:
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(a) students toward other students;
(b) teachers and other employees of an elementary
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| or secondary school toward students;
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(c) students toward teachers and other employees
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| of an elementary or secondary school; and
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(d) teachers and other employees of an elementary
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| or secondary school toward other teachers and employees of an elementary or secondary school.
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(9) directions on how to contact the Department if a
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| school fails to take corrective action to stop the harassment or discrimination;
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(10) a summary of responsibilities of institutions of
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| elementary or secondary education in the prevention, investigation, and corrective measures of discrimination, harassment, and retaliation, including, but not limited to, explanation of responsibilities in the following contexts:
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(a) students toward other students;
(b) teachers and other employees of an elementary
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| or secondary school toward students;
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(c) students toward teachers and other employees
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| of an elementary or secondary school; and
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(d) teachers and other employees of an elementary
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| or secondary school toward other teachers and employees of an elementary or secondary school; and
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(11) an explanation of the liability for
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| discrimination, harassment, and retaliation under this Act.
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(c) Every institution of elementary or secondary education in this State shall use the model training program developed by the Department, establish its own training program that equals or exceeds the minimum standards set forth in subsection (b), or use an existing discrimination and harassment prevention training program that equals or exceeds the minimum standards set forth in subsection (b). The training program shall be provided as a component of all new employee training programs for elementary and secondary education representatives and to existing representatives at least once every 2 years. For the purposes of satisfying the requirements under this Section, the Department's model program may be used to supplement any existing program an institution of elementary or secondary education is utilizing or develops.
(d) Upon notification of a violation of subsection (c), the Department may launch a preliminary investigation. If the Department finds a violation of this Section, the Department may issue a notice to show cause, giving the institution of elementary or secondary education 30 days to correct the violation. If the institution of elementary or secondary education does not correct the violation within 30 days, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 103-472, eff. 8-1-24 .)
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(775 ILCS 5/6-101) (from Ch. 68, par. 6-101) (Text of Section before amendment by P.A. 103-797 ) Sec. 6-101. Additional civil rights violations under Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for a person, or for 2 or more persons, to conspire to: (A) Retaliation. Retaliate against a person because |
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(i) opposed or reported conduct that the person
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| reasonably and in good faith believes to be prohibited under Articles 2, 4, 5, 5A, and 6;
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(ii) made a charge, filed a complaint, testified,
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| assisted, or participated in an investigation, proceeding, or hearing under this Act; or
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(iii) requested, attempted to request, used, or
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| attempted to use a reasonable accommodation as allowed by this Act;
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(B) Aiding and Abetting; Coercion. Aid, abet, compel,
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| or coerce a person to commit any violation of this Act;
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(C) Interference. Wilfully interfere with the
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| performance of a duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.
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(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24 .)
(Text of Section after amendment by P.A. 103-797 )
Sec. 6-101. Additional civil rights violations under Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for a person, or for 2 or more persons, to conspire to:
(A) Retaliation. Retaliate against a person because
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(i) opposed or reported conduct that the person
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| reasonably and in good faith believes to be prohibited under Articles 2, 4, 5, 5A, and 6;
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(ii) made a charge, filed a complaint, testified,
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| assisted, or participated in an investigation, proceeding, or hearing under this Act; or
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(iii) requested, attempted to request, used, or
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| attempted to use a reasonable accommodation as allowed by this Act;
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(B) Aiding and Abetting; Coercion. Aid, abet, compel,
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| or coerce a person to commit any violation of this Act;
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(C) Interference. Wilfully interfere with the
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| performance of a duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.
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(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24; 103-797, eff. 1-1-25.)
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(775 ILCS 5/6-101.5) Sec. 6-101.5. Additional civil rights violations under Article 3. It is a civil rights violation for a person, or for 2 or more persons, to conspire, to: (A) retaliate against a person because the person has |
| opposed that which he or she reasonably and in good faith believes to be unlawful discrimination or discrimination based on familial status or arrest record in a real estate transaction under Article 3, because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because the person has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;
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(B) aid, abet, compel, or coerce a person to commit
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| any violation of this Act; or
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(C) willfully interfere with the performance of a
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| duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.
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For the purposes of this Section, "familial status" has the same meaning as defined in Section 3-101.
(Source: P.A. 102-362, eff. 1-1-22 .)
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(775 ILCS 5/7-101) (from Ch. 68, par. 7-101) Sec. 7-101. Powers and duties. In addition to other powers and duties prescribed in this Act, the Department shall have the following powers: (A) Rules and Regulations. To adopt, promulgate, amend, and rescind rules and regulations not inconsistent with the provisions of this Act pursuant to the Illinois Administrative Procedure Act. (B) Charges. To issue, receive, investigate, conciliate, settle, and dismiss charges filed in conformity with this Act. (C) Compulsory Process. To request subpoenas as it deems necessary for its investigations. (D) Complaints. To file complaints with the Commission in conformity with this Act and to intervene in complaints pending before the Commission filed under Article 2, 4, 5, 5A, or 6. (E) Judicial Enforcement. To seek temporary relief and to enforce orders of the Commission in conformity with this Act. (F) Equal Employment Opportunities. To take such action as may be authorized to provide for equal employment opportunities and affirmative action. (G) Recruitment; Research; Public Communication; Advisory Councils. To engage in such recruitment, research and public communication and create such advisory councils as may be authorized to effectuate the purposes of this Act. (H) Coordination with other Agencies. To coordinate its activities with federal, state, and local agencies in conformity with this Act. (I) Grants; Private Gifts. (1) To accept public grants and private gifts as may |
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(2) To design grant programs and award grants to
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(J) Education and Training. To implement a formal and unbiased program of education and training for all employees assigned to investigate and conciliate charges under Articles 7A and 7B. The training program shall include the following:
(1) substantive and procedural aspects of the
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| investigation and conciliation positions;
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(2) current issues in human rights law and practice;
(3) lectures by specialists in substantive areas
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| related to human rights matters;
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(4) orientation to each operational unit of the
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| Department and Commission;
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(5) observation of experienced Department
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| investigators and attorneys conducting conciliation conferences, combined with the opportunity to discuss evidence presented and rulings made;
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(6) the use of hypothetical cases requiring the
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| Department investigator and conciliation conference attorney to issue judgments as a means to evaluating knowledge and writing ability;
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(7) writing skills;
(8) computer skills, including but not limited to
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| word processing and document management.
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A formal, unbiased and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep Department investigators and attorneys informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence.
(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24 .)
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(775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
Sec. 7-105.
Equal Employment Opportunities; Affirmative Action.
In order
to establish and effectuate the policies of equal employment opportunity
and affirmative action, the Department shall, with respect to state executive
departments, boards, commissions and instrumentalities and any party to
a public contract:
(A) Policies; Rules; Regulations. Establish equal employment opportunity
and affirmative action policies, rules and regulations which specify plans,
programs and reporting procedures. Such rules may provide for exemptions
or modifications as may be necessary to assure the continuity of federal
requirements in State agencies supported in whole or in part by federal funds.
(B) Minimum Compliance Criteria. Establish minimum compliance criteria
and procedures for evaluating equal employment opportunity and affirmative
action programs and plans.
(C) Technical Assistance. Provide technical assistance, training, and
advice for the establishment and implementation of required programs.
(D) Meetings. Hold meetings at least annually with the head of each State
agency and when necessary with any party to a public contract to:
(1) Review equal employment opportunity plans and |
| progress, performance and problems in meeting equal opportunity goals.
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(2) Recommend appropriate changes to the plans and
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| procedures and the methods employed to implement the plans.
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(E) Report. Include within its annual report, filed pursuant to Section
5-650 of the Departments of State Government Law (20 ILCS
5/5-650), the progress, performance, and
problems
of meeting equal opportunity goals, and the identity of any State agency
which fails to comply with the requirements of this Act and the circumstances
surrounding such violation.
(F) Personnel Operations. Periodically review personnel operations of
State agencies to assure their conformity with this Act and the agency's plan.
(G) Equal Employment Opportunity Officers. Approve the appointment of equal
employment opportunity officers hired pursuant to subparagraph (4) of paragraph
(B) of Section 2-105.
(H) Enforcement. Require State agencies which fail to meet
their affirmative action and equal employment opportunity goals by equal
employment opportunity category to establish necessary training programs
for preparation and promotion of the category of individuals affected by
the failure. An agency required to establish training programs
under this subsection shall do so in cooperation with the Department of
Central Management Services as provided in Section 405-125 of
the Department of Central Management Services Law (20 ILCS 405/405-125).
The Department by rule or regulation shall provide for the implementation
of this subsection. Such rules or regulations shall prescribe but not be
limited to the following:
(1) the circumstances and conditions which constitute
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| an agency's failure to meet its affirmative action and equal employment opportunity goals;
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(2) the time period for measuring success or failure
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| in reaching affirmative action and equal employment opportunity goals; and
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(3) that training programs shall be limited to State
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This subsection shall not be construed to conflict with any contract
between the State and any party which is approved and ratified by or on
September 11, 1990.
(Source: P.A. 91-239, eff. 1-1-00.)
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