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.)