State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_HB3638

      775 ILCS 5/2-105          from Ch. 68, par. 2-105
          Amends the Illinois Human Rights Act.  Requires specified
      State agencies to notify the Department of  Human  Rights  30
      days before effecting a layoff.  Requires the State agency to
      notify  the  employee,  the  employee's  union, and the State
      Dislocated Worker Unit at DCCA.  Prohibits a  layoff  for  10
      working  days  after  notice  to  the  Department  unless  an
      emergency   layoff   situation  exists.  Provides  that  each
      employee  targeted  for  layoff  should  be   notified   that
      transitional  assistance  may  be  available  to  him or her.
      Effective immediately.
                                                     LRB9011028WHmg
                                               LRB9011028WHmg
 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
                            -2-                LRB9011028WHmg
 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
                            -3-                LRB9011028WHmg
 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.
                            -4-                LRB9011028WHmg
 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
                            -5-                LRB9011028WHmg
 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
                            -6-                LRB9011028WHmg
 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
                            -7-                LRB9011028WHmg
 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.)
30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

[ Top ]