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Public Act 096-0635
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| SB1770 Enrolled |
LRB096 11246 WGH 21659 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Victims' Economic Security and Safety Act is |
amended by changing Sections 5, 10, 15, 20, 25, 30, and 40 as |
follows:
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(820 ILCS 180/5)
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Sec. 5. Findings. The General Assembly finds and declares |
the
following:
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(1) Domestic and sexual violence affects many persons |
without
regard to age, race, educational level, |
socioeconomic status,
religion, or occupation.
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(2) Domestic and sexual violence has a devastating |
effect on
individuals, families, communities and the |
workplace.
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(3) Domestic violence crimes account for approximately |
15%
of total crime costs in the United States each year.
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(4) Violence against women has been reported to be the |
leading
cause of physical injury to women. Such violence |
has a
devastating impact on women's physical and emotional |
health
and financial security.
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(5) According to recent government surveys, from 1993 |
through
1998 the average annual number of violent |
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victimizations
committed by intimate partners was |
1,082,110, 87% of which
were committed against women.
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(6) Female murder victims were substantially more |
likely than
male murder victims to have been killed by an |
intimate
partner. About one-third of female murder |
victims, and about
4% of male murder victims, were killed |
by an
intimate partner.
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(7) According to recent government estimates, |
approximately
987,400 rapes occur annually in the United |
States, 89% of the
rapes are perpetrated against female |
victims.
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(8) Approximately 10,200,000 people have been stalked |
at some
time in their lives. Four out of every 5 stalking |
victims
are women. Stalkers harass and terrorize their |
victims by
spying on the victims, standing outside their |
places of work
or homes, making unwanted phone calls, |
sending or leaving
unwanted letters or items, or |
vandalizing property.
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(9) Employees in the United States who have been |
victims of
domestic violence, dating violence, sexual |
assault, or
stalking too often suffer adverse consequences |
in the
workplace as a result of their victimization.
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(10) Victims of domestic violence, dating violence, |
sexual
assault, and stalking face the threat of job loss |
and loss of
health insurance as a result of the illegal |
acts of the
perpetrators of violence.
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(11) The prevalence of domestic violence, dating |
violence,
sexual assault, stalking, and other violence |
against women at
work is dramatic. Approximately 11% of all |
rapes occur
in the workplace. About 50,500 individuals, 83% |
of whom
are women, were raped or sexually assaulted in the |
workplace
each year from 1992 through 1996. Half of all |
female victims
of violent workplace crimes know their |
attackers. Nearly one
out of 10 violent workplace incidents |
is committed by
partners or spouses.
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(12) Homicide is the leading cause of death for women |
on the
job. Husbands, boyfriends, and ex-partners commit |
15%
of workplace homicides against women.
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(13) Studies indicate that as much as 74% of employed
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battered women surveyed were harassed at work by their |
abusive
partners.
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(14) According to a 1998 report of the U.S. General |
Accounting
Office, between one-fourth and one-half of |
domestic violence
victims surveyed in 3 studies reported |
that the victims
lost a job due, at least in part, to |
domestic violence.
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(15) Women who have experienced domestic violence or |
dating
violence are more likely than other women to be |
unemployed, to
suffer from health problems that can affect |
employability and
job performance, to report lower |
personal income, and to rely
on welfare.
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(16) Abusers frequently seek to control their partners |
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by
actively interfering with their ability to work, |
including
preventing their partners from going to work, |
harassing their
partners at work, limiting the access of |
their partners to
cash or transportation, and sabotaging |
the child care
arrangements of their partners.
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(17) More than one-half of women receiving welfare have |
been
victims of domestic violence as adults and between |
one-fourth
and one-third reported being abused in the last |
year.
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(18) Sexual assault, whether occurring in or out of the
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workplace, can impair an employee's work performance, |
require
time away from work, and undermine the employee's |
ability to
maintain a job. Almost 50% of sexual assault |
survivors
lose their jobs or are forced to quit in the |
aftermath of the
assaults.
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(19) More than one-fourth of stalking victims report |
losing time
from work due to the stalking and 7% never |
return
to work.
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(20) (A) According to the National Institute of |
Justice, crime
costs an estimated $450,000,000,000 |
annually in medical
expenses, lost earnings, social |
service costs, pain,
suffering, and reduced quality of life |
for victims, which
harms the Nation's productivity and |
drains the Nation's
resources.
(B) Violent crime accounts |
for $426,000,000,000 per year of
this amount.
(C) Rape |
exacts the highest costs per victim of any criminal
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offense, and accounts for $127,000,000,000 per year of the
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amount described in subparagraph (A).
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(21) The Bureau of National Affairs has estimated that |
domestic
violence costs United States employers between |
$3,000,000,000
and $5,000,000,000 annually in lost time |
and productivity.
Other reports have estimated that |
domestic violence costs
United States employers |
$13,000,000,000 annually.
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(22) United States medical costs for domestic violence |
have been
estimated to be $31,000,000,000 per year.
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(23) Ninety-four percent of corporate security and |
safety
directors at companies nationwide rank domestic |
violence as a
high security concern.
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(24) Forty-nine percent of senior executives recently |
surveyed
said domestic violence has a harmful effect on |
their company's
productivity, 47% said domestic violence |
negatively
affects attendance, and 44% said domestic |
violence
increases health care costs.
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(25) Employees, including individuals participating in |
welfare
to work programs, may need to take time during |
business hours
to:
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(A) obtain orders of protection or civil no contact |
orders;
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(B) seek medical or legal assistance, counseling, |
or other
services; or
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(C) look for housing in order to escape from |
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domestic or sexual
violence.
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(Source: P.A. 93-591, eff. 8-25-03.)
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(820 ILCS 180/10)
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Sec. 10. Definitions. In this Act, except as otherwise |
expressly provided:
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(1) "Commerce" includes trade, traffic, commerce,
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transportation, or communication; and "industry or |
activity
affecting commerce" means any activity, business, |
or industry in
commerce or in which a labor dispute would |
hinder or obstruct
commerce or the free flow of commerce, |
and includes "commerce" and
any "industry affecting |
commerce".
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(2) "Course of conduct" means a course of repeatedly |
maintaining
a visual or physical proximity to a person or |
conveying oral or
written threats, including threats |
conveyed through electronic
communications, or threats |
implied by conduct.
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(3) "Department" means the Department of Labor.
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(4) "Director" means the Director of Labor.
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(5) "Domestic or sexual violence" means domestic |
violence, sexual
assault, or stalking.
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(6) "Domestic violence" means abuse, as defined in |
Section 103 of the Illinois Domestic Violence Act of 1986, |
by a family or household member, as defined in Section 103 |
of the Illinois Domestic Violence Act of 1986 includes acts |
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or threats of violence, not
including acts of self defense, |
as defined in subdivision (3) of
Section 103 of the |
Illinois Domestic Violence Act of 1986, sexual assault, or
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death to the person, or the person's family or household |
member,
if the conduct causes the specific person to have |
such distress
or fear.
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(7) "Electronic communications" includes |
communications via
telephone, mobile phone, computer, |
e-mail, video recorder, fax
machine, telex, or pager, or |
any other electronic communication, as defined in Section |
12-7.5 of the Criminal Code of 1961.
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(8) "Employ" includes to suffer or permit to work.
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(9) Employee.
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(A) In general. "Employee" means any person |
employed by an employer.
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(B) Basis. "Employee" includes a person employed |
as described in
subparagraph (A) on a full or part-time |
basis,
or as a participant in a work
assignment as a |
condition of receipt of federal or State
income-based |
public assistance.
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(10) "Employer" means any of the following: (A) the |
State or any agency
of the
State; (B) any unit of local |
government or school district; or (C) any person
that |
employs
at least 15 50 employees.
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(11) "Employment benefits" means all benefits provided |
or made
available to employees by an employer, including |
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group life
insurance, health insurance, disability |
insurance, sick leave,
annual leave, educational benefits, |
and pensions, and profit-sharing, regardless of
whether |
such benefits are provided by a practice or written
policy |
of an employer or through an "employee benefit plan".
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"Employee benefit plan" or "plan" means an employee welfare
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benefit plan or an employee pension benefit plan or a plan |
which
is both an employee welfare benefit plan and an |
employee pension
benefit plan.
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(12) "Family or household member", for employees with a |
family or household member who is a victim of domestic or |
sexual violence, means a spouse,
parent, son, daughter, |
other person related by blood or by present or prior |
marriage, other person who shares a relationship through a |
son or daughter, and persons jointly residing
in the same |
household.
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(13) "Parent" means the biological parent of an |
employee or an
individual who stood in loco parentis to an |
employee when the
employee was a son or daughter. "Son or |
daughter" means
a biological, adopted, or foster child, a |
stepchild, a legal
ward, or a child of a person standing in |
loco parentis, who is
under 18 years of age, or is 18 years |
of age or older and incapable
of self-care because of a |
mental or physical disability.
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(14) "Perpetrator" means an individual who commits or |
is alleged
to have committed any act or threat of domestic |
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or sexual
violence.
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(15) "Person" means an individual, partnership, |
association,
corporation, business trust, legal |
representative, or any
organized group of persons.
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(16) "Public agency" means the Government of the State |
or
political subdivision thereof; any agency of the State, |
or of a
political subdivision of the State; or any |
governmental agency.
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(17) "Public assistance" includes cash, food stamps, |
medical
assistance, housing assistance, and other benefits |
provided on
the basis of income by a public agency or |
public employer.
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(18) "Reduced work schedule" means a work schedule that |
reduces
the usual number of hours per workweek, or hours |
per workday, of
an employee.
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(19) "Repeatedly" means on 2 or more occasions.
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(20) "Sexual assault" means any conduct proscribed by |
the
Criminal Code of 1961 in Sections 12-13, 12-14, |
12-14.1,
12-15, and 12-16.
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(21) "Stalking" means any conduct proscribed by the |
Criminal
Code of 1961 in Sections 12-7.3, and 12-7.4, and |
12-7.5.
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(22) "Victim" or "survivor" means an individual who has
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been subjected to domestic or sexual violence.
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(23) "Victim services organization" means a nonprofit,
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nongovernmental organization that provides assistance to |
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victims
of domestic or sexual violence or to advocates for |
such victims,
including a rape crisis center, an |
organization carrying out a
domestic violence program, an |
organization operating a shelter or
providing counseling |
services, or a legal services organization
or other |
organization providing assistance through the legal
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process.
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(Source: P.A. 93-591, eff. 8-25-03.)
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(820 ILCS 180/15)
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Sec. 15. Purposes. The purposes of this Act are:
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(1) to promote the State's interest in reducing |
domestic
violence, dating violence, sexual assault, and |
stalking by
enabling victims of domestic or sexual violence |
to maintain the
financial independence necessary to leave |
abusive situations,
achieve safety, and minimize the |
physical and emotional injuries
from domestic or sexual |
violence, and to reduce the devastating
economic |
consequences of domestic or sexual violence to employers
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and employees;
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(2) to address the failure of existing laws to protect |
the
employment rights of employees who are victims of |
domestic or
sexual violence and employees with a family or |
household member
who is a victim of domestic or sexual |
violence, by protecting the
civil and economic rights of |
those employees, and by furthering
the equal opportunity of |
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women for economic self-sufficiency and
employment free |
from discrimination;
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(3) to accomplish the purposes described in paragraphs |
(1) and (2) by (A)
entitling
employed victims of domestic |
or sexual violence and employees with a family or household |
member who is a victim of domestic or sexual violence to |
take unpaid leave to seek
medical
help, legal assistance, |
counseling, safety planning, and other assistance
without |
penalty from their employers for the employee or the family |
or household member who is a victim; and (B) prohibiting |
employers from discriminating against any employee who is a |
victim of domestic or sexual violence or any employee who |
has a family or household member who is a victim of |
domestic or sexual violence, in a manner that accommodates |
the legitimate interests of employers and protects the |
safety of all persons in the workplace.
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(Source: P.A. 93-591, eff. 8-25-03.)
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(820 ILCS 180/20)
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Sec. 20. Entitlement to leave due to domestic or sexual |
violence.
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(a) Leave requirement.
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(1) Basis. An employee who is a victim of domestic or |
sexual
violence or has a family or household member who is |
a victim of
domestic or sexual violence whose interests are |
not adverse to
the employee as it relates to the domestic |
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or sexual violence may take unpaid
leave
from work to |
address domestic or
sexual violence by:
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(A) seeking medical attention for, or recovering |
from,
physical or psychological injuries caused by |
domestic or
sexual violence to the employee or the |
employee's family or
household member;
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(B) obtaining services from a victim services |
organization
for the employee or the employee's family |
or household
member;
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(C) obtaining psychological or other counseling |
for the
employee or the employee's family or household |
member;
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(D) participating in safety planning, temporarily |
or
permanently relocating, or taking other actions to |
increase
the safety of the employee or the employee's |
family or
household member from future domestic or |
sexual violence or
ensure economic security; or
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(E) seeking legal assistance or remedies to ensure |
the
health and safety of the employee or the employee's |
family
or household member, including preparing for or
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participating in any civil or criminal legal |
proceeding
related to or derived from domestic or |
sexual violence.
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(2) Period. Subject to subsection (c), an employee |
working for an employer that employs
at least 50 employees |
shall be
entitled to a total of 12 workweeks of leave |
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during any 12-month
period. Subject to subsection (c), an |
employee working for an employer that employs
at least 15 |
but not more than 49 employees shall be entitled to a total |
of 8 workweeks of leave during any 12-month period. The |
total number of workweeks to which an employee is entitled |
shall not decrease during the relevant 12-month period. |
This Act does not create a right for an employee to take
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unpaid leave that exceeds the unpaid leave time allowed |
under, or
is in addition to the unpaid leave time permitted |
by, the federal
Family and Medical Leave Act of 1993 (29 |
U.S.C. 2601 et seq.).
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(3) Schedule. Leave described in paragraph (1) may be |
taken
intermittently or on a reduced work schedule.
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(b) Notice. The employee shall provide the employer with at |
least 48 hours'
advance
notice of the employee's intention to |
take the leave, unless providing
such notice is not |
practicable. When an unscheduled absence occurs,
the employer |
may not take any action against the employee if the
employee, |
upon request of the employer and within a reasonable period |
after the absence, provides
certification under subsection |
(c).
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(c) Certification.
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(1) In general. The employer may require the employee |
to provide
certification to the employer
that:
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(A) the employee or the employee's family or |
household
member is a victim of domestic or sexual |
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violence; and
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(B) the leave is for one of the purposes enumerated |
in
paragraph (a)(1).
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The employee shall provide such certification to the |
employer within a
reasonable period after the employer |
requests certification.
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(2) Contents. An employee may satisfy the |
certification
requirement of paragraph (1) by providing to |
the employer
a sworn statement of the employee, and upon |
obtaining such documents the
employee shall provide:
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(A) documentation from an employee, agent, or |
volunteer of
a victim services organization, an |
attorney, a member of
the clergy, or a medical or other |
professional from whom
the employee or the employee's |
family or household member
has sought assistance in |
addressing domestic or sexual
violence and the effects |
of the violence;
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(B) a police or court record; or
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(C) other corroborating evidence.
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(d) Confidentiality. All information provided to the |
employer pursuant
to subsection (b) or (c), including a |
statement of the employee or any
other documentation, record, |
or corroborating evidence, and the fact
that the employee has |
requested or obtained leave pursuant to this
Section, shall be |
retained in the strictest confidence by the employer,
except to |
the extent that disclosure is:
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(1) requested or consented to in writing by the |
employee; or
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(2) otherwise required by applicable federal or State |
law.
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(e) Employment and benefits.
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(1) Restoration to position.
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(A) In general. Any
employee who takes leave under |
this Section for the
intended purpose of the leave |
shall be entitled, on return
from such leave:
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(i) to be restored by the employer to the |
position of
employment held by the employee when |
the leave
commenced; or
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(ii) to be restored to an equivalent position |
with
equivalent employment benefits, pay, and |
other terms
and conditions of employment.
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(B) Loss of benefits. The taking of leave under |
this
Section shall not result in the loss of any |
employment
benefit accrued prior to the date on which |
the leave
commenced.
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(C) Limitations. Nothing in this subsection shall |
be
construed to entitle any restored employee to:
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(i) the accrual of any seniority or employment
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benefits during any period of leave; or
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(ii) any right, benefit, or position of |
employment
other than any right, benefit, or |
position to which
the employee would have been |
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entitled had the
employee not taken the leave.
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(D) Construction. Nothing in this paragraph shall |
be
construed to prohibit an employer from requiring an
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employee on leave under this Section to report |
periodically
to the employer on the status and |
intention of the employee
to return to work.
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(2) Maintenance of health benefits.
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(A) Coverage. Except as provided in subparagraph |
(B),
during any period that an employee takes leave |
under this
Section, the employer shall maintain |
coverage for the
employee and any family or household |
member under any group
health plan for the duration of |
such leave at the level and
under the conditions |
coverage would have been provided if
the employee had |
continued in employment continuously for
the duration |
of such leave.
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(B) Failure to return from leave. The employer may |
recover
the premium that the employer paid for |
maintaining coverage
for the employee and the |
employee's family or household
member under such group |
health plan during any period of
leave under this |
Section if:
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(i) the employee fails to return from leave |
under
this Section after the period of leave to |
which the
employee is entitled has expired; and
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(ii) the employee fails to return to work for a
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reason other than:
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(I) the continuation, recurrence, or onset |
of
domestic or sexual violence that entitles |
the
employee to leave pursuant to this Section; |
or
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(II) other circumstances beyond the |
control of the employee.
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(C) Certification.
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(i) Issuance. An employer may require an |
employee who
claims that the employee is unable to |
return to work
because of a reason described in |
subclause (I) or
(II) of subparagraph (B)(ii) to |
provide, within a
reasonable period after making |
the claim,
certification to the employer that the |
employee is
unable to return to work because of |
that reason.
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(ii) Contents. An employee may satisfy the
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certification requirement of clause (i) by |
providing
to the employer:
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(I) a sworn statement of the employee;
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(II) documentation from an employee, |
agent, or
volunteer of a victim services |
organization, an
attorney, a member of the |
clergy, or a medical
or other professional from |
whom the employee
has sought assistance in |
addressing domestic or
sexual violence and the |
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effects of that
violence;
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(III) a police or court record; or
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(IV) other corroborating evidence.
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(D) Confidentiality. All information provided to |
the
employer pursuant to subparagraph (C), including a
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statement of the employee or any other documentation,
|
record, or corroborating evidence, and the fact that |
the
employee is not returning to work because of a |
reason
described in subclause (I) or (II) of |
subparagraph (B)(ii)
shall be retained in the |
strictest confidence by the
employer, except to the |
extent that disclosure is:
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(i) requested or consented to in writing by the
|
employee; or
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(ii) otherwise required by applicable federal |
or
State law.
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(f) Prohibited acts.
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(1) Interference with rights.
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(A) Exercise of rights. It shall be unlawful for |
any
employer to interfere with, restrain, or deny the |
exercise
of or the attempt to exercise any right |
provided under
this Section.
|
(B) Employer discrimination. It shall be unlawful |
for any
employer to discharge or harass any individual, |
or
otherwise discriminate against any individual with |
respect
to compensation, terms, conditions, or |
|
privileges of
employment of the individual (including |
retaliation in any
form or manner) because the |
individual:
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(i) exercised any right provided under this |
Section;
or
|
(ii) opposed any practice made unlawful by |
this
Section.
|
(C) Public agency sanctions. It shall be unlawful |
for any
public agency to deny, reduce, or terminate the |
benefits
of, otherwise sanction, or harass any |
individual, or
otherwise discriminate against any |
individual with respect
to the amount, terms, or |
conditions of public assistance of
the individual |
(including retaliation in any form or
manner) because |
the individual:
|
(i) exercised any right provided under this |
Section;
or
|
(ii) opposed any practice made unlawful by |
this
Section.
|
(2) Interference with proceedings or inquiries. It |
shall be
unlawful for any person to discharge or in any |
other manner
discriminate (as described in subparagraph |
(B) or (C) of
paragraph (1)) against any individual because |
such individual:
|
(A) has filed any charge, or has instituted or |
caused to be
instituted any proceeding, under or |
|
related to this
Section;
|
(B) has given, or is about to give, any information |
in
connection with any inquiry or proceeding relating |
to any
right provided under this Section; or
|
(C) has testified, or is about to testify, in any |
inquiry
or proceeding relating to any right provided |
under this Section.
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(Source: P.A. 93-591, eff. 8-25-03.)
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(820 ILCS 180/25)
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Sec. 25.
Existing leave usable for addressing domestic or |
sexual
violence. An employee who is entitled to take paid or |
unpaid leave (including
family, medical, sick, annual, |
personal, or similar leave) from employment,
pursuant to |
federal, State, or local law, a collective bargaining |
agreement, or
an
employment benefits program or plan, may elect |
to substitute any period of such
leave for an equivalent period |
of leave provided under Section 20. The employer may not |
require the employee to substitute available paid or unpaid |
leave for leave provided under Section 20.
|
(Source: P.A. 93-591, eff. 8-25-03.)
|
(820 ILCS 180/30)
|
Sec. 30.
Victims' employment sustainability; prohibited
|
discriminatory acts.
|
(a) An employer shall not fail to hire, refuse to hire,
|
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discharge, constructively discharge, or harass any individual, |
otherwise discriminate against any
individual with respect to |
the compensation, terms, conditions, or
privileges of |
employment of the individual, or retaliate against an
|
individual in any form or manner, and a public agency shall not |
deny,
reduce, or terminate the benefits of, otherwise sanction, |
or harass any
individual, otherwise discriminate against any |
individual with respect
to the amount, terms, or conditions of |
public assistance of the
individual, or retaliate against an |
individual in any form or manner,
because:
|
(1) the individual involved:
|
(A) is or is perceived to be a victim of domestic |
or sexual
violence;
|
(B) attended, participated in, prepared for, or |
requested
leave to attend, participate in, or prepare |
for a criminal
or civil court proceeding relating to an |
incident of
domestic or sexual violence of which the |
individual or a
family or household member of the |
individual was a victim, or requested or took leave for |
any other reason provided under Section 20;
or
|
(C) requested an adjustment to a job structure, |
workplace
facility, or work requirement, including a |
transfer,
reassignment, or modified schedule, leave, a |
changed
telephone number or seating assignment, |
installation of a
lock, or implementation of a safety |
procedure in response
to actual or threatened domestic |
|
or sexual violence,
regardless of whether the request |
was granted; or
|
(2) the workplace is disrupted or threatened by the |
action of a
person whom the individual states has committed |
or threatened to
commit domestic or sexual violence against |
the individual or the
individual's family or household |
member.
|
(b) In this Section:
|
(1) "Discriminate", used with respect to the terms, |
conditions,
or privileges of employment or with respect to |
the terms or
conditions of public assistance, includes not |
making a reasonable
accommodation to the known limitations |
resulting from
circumstances relating to being a victim of |
domestic or sexual
violence or a family or household member |
being a victim of
domestic or sexual violence of an |
otherwise qualified individual:
|
(A) who is:
|
(i) an applicant or employee of the employer |
(including a
public agency); or
|
(ii) an applicant for or recipient of public |
assistance
from a public agency; and
|
(B) who is:
|
(i) a victim of domestic or sexual violence; or
|
(ii) with a family or household member who is a |
victim of
domestic or sexual violence whose |
interests are not adverse to
the individual in |
|
subparagraph (A) as it relates to the domestic
or |
sexual violence;
|
unless the employer or public agency can demonstrate that |
the
accommodation would impose an undue hardship on the |
operation of
the employer or public agency.
|
A reasonable accommodation must be made in a timely |
fashion. Any exigent circumstances or danger facing the |
employee or his or her family or household member shall be |
considered in determining whether the accommodation is |
reasonable.
|
(2) "Qualified individual" means:
|
(A) in the case of an applicant or employee |
described in
paragraph (1)(A)(i), an individual who, |
but for being a
victim of domestic or sexual violence |
or with a family or
household member who is a victim of |
domestic or sexual
violence, can perform the essential |
functions of the
employment position that such |
individual holds or desires;
or
|
(B) in the case of an applicant or recipient |
described in
paragraph (1)(A)(ii), an individual who, |
but for being a
victim of domestic or sexual violence |
or with a family or
household member who is a victim of |
domestic or sexual
violence, can satisfy the essential |
requirements of the
program providing the public |
assistance that the individual
receives or desires.
|
(3) "Reasonable accommodation" may include an |
|
adjustment to a job
structure, workplace facility, or work |
requirement, including a
transfer, reassignment, or |
modified schedule, leave, a changed
telephone number or |
seating assignment, installation of a lock,
or |
implementation of a safety procedure, or assistance in |
documenting domestic or sexual violence that occurs at the |
workplace or in work-related settings, in response to |
actual or
threatened domestic or sexual violence.
|
(4) Undue hardship.
|
(A) In general. "Undue hardship" means an action |
requiring
significant difficulty or expense, when |
considered in light
of the factors set forth in |
subparagraph (B).
|
(B) Factors to be considered. In determining |
whether a
reasonable accommodation would impose an |
undue hardship on
the operation of an employer or |
public agency, factors to
be considered include:
|
(i) the nature and cost of the reasonable
|
accommodation needed under this Section;
|
(ii) the overall financial resources of the |
facility
involved in the provision of the |
reasonable
accommodation, the number of persons |
employed at such
facility, the effect on expenses |
and resources, or
the impact otherwise of such |
accommodation on the
operation of the facility;
|
(iii) the overall financial resources of the |
|
employer
or public agency, the overall size of the |
business of
an employer or public agency with |
respect to the
number of employees of the employer |
or public agency,
and the number, type, and |
location of the facilities
of an employer or public |
agency; and
|
(iv) the type of operation of the employer or |
public
agency, including the composition, |
structure, and
functions of the workforce of the |
employer or public
agency, the geographic |
separateness of the facility
from the employer or |
public agency, and the
administrative or fiscal |
relationship of the facility
to the employer or |
public agency.
|
(Source: P.A. 93-591, eff. 8-25-03.)
|
(820 ILCS 180/40)
|
Sec. 40. Notification. Every employer covered by this Act
|
shall post and keep posted, in conspicuous places on the |
premises of
the employer where notices to employees are |
customarily posted, a
notice, to be prepared or approved by the |
Director of Labor,
summarizing the requirements of this Act and |
information pertaining to
the filing of a charge. The Director |
shall furnish copies of summaries
and rules to employers upon |
request without charge. Any employer that fails to post the |
required notice may not rely on the provisions in subsection |