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Public Act 098-1050


 

Public Act 1050 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1050
 
HB0008 EnrolledLRB098 00001 AJO 30001 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. Findings. The General Assembly finds and
declares the following:
        (1) Current workplace laws are inadequate to protect
    pregnant workers from enjoying equal employment
    opportunities.
        (2) Because of inadequate protections, pregnant women
    who are temporarily limited in their abilities to perform
    their work functions because of pregnancy, childbirth, or
    conditions related to pregnancy or childbirth are often
    forced to take unpaid leave or are fired, despite the
    availability of reasonable accommodations that would allow
    them to continue to work. The most frequent accommodations
    involve limits on lifting, access to places to sit, and
    more frequent bathroom breaks.
        (3) Many pregnant women are single mothers or the
    primary breadwinners for their families. If one of these
    women loses her job, her whole family, and Illinois,
    suffers.
        (4) Employers are familiar with the reasonable
    accommodations framework. Indeed, employers are required
    to reasonably accommodate people with disabilities. Sadly,
    many employers refuse to provide reasonable accommodations
    or decline to extend workplace injury policies to pregnant
    women.
        (5) Women are nearly 50% of all workers in Illinois and
    women of childbearing age are 54% of women workers. Failing
    to provide reasonable accommodations to pregnant women
    leads to lost wages, periods of unemployment, and lost
    employment opportunities and job benefits such as
    seniority, all of which have lifelong repercussions on
    women's economic security and advancement and the
    well-being of their families.
        (6) Most women work during pregnancy. By continuing to
    work, women can maintain and advance their economic
    security. Moreover, women who work during pregnancy may be
    able to take a longer period of leave following childbirth,
    which in turn facilitates breastfeeding, bonding with and
    caring for a new child, and recovering from childbirth.
        (7) Enabling pregnant workers to work through
    pregnancy is good for businesses. Providing pregnant
    employees with reasonable, temporary accommodations
    increases worker productivity, retention, and morale,
    decreases re-training costs, and reduces health care costs
    associated with pregnancy complications.
 
    Section 10. Purposes. The purposes of this Act are:
        (1) to promote the State's interest in eradicating
    gender discrimination, including discrimination based on
    pregnancy, childbirth, or conditions related to pregnancy
    or childbirth, and in promoting women's equality;
        (2) to address the failure of existing laws to protect
    the employment rights of pregnant workers; and
        (3) to ensure full and equal participation for women in
    the labor force by requiring employers to provide
    reasonable accommodations to employees with conditions
    related to pregnancy or childbirth.
 
    Section 15. The Illinois Human Rights Act is amended by
changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as
follows:
 
    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
    Sec. 1-102. Declaration of Policy. It is the public policy
of this State:
    (A) Freedom from Unlawful Discrimination. To secure for all
individuals within Illinois the freedom from discrimination
against any individual because of his or her race, color,
religion, sex, national origin, ancestry, age, order of
protection status, marital status, physical or mental
disability, military status, sexual orientation, pregnancy, or
unfavorable discharge from military service in connection with
employment, real estate transactions, access to financial
credit, and the availability of public accommodations.
    (B) Freedom from Sexual Harassment-Employment and
Elementary, Secondary, and Higher Education. To prevent sexual
harassment in employment and sexual harassment in elementary,
secondary, and higher education.
    (C) Freedom from Discrimination Based on Citizenship
Status-Employment. To prevent discrimination based on
citizenship status in employment.
    (D) Freedom from Discrimination Based on Familial
Status-Real Estate Transactions. To prevent discrimination
based on familial status in real estate transactions.
    (E) Public Health, Welfare and Safety. To promote the
public health, welfare and safety by protecting the interest of
all people in Illinois in maintaining personal dignity, in
realizing their full productive capacities, and in furthering
their interests, rights and privileges as citizens of this
State.
    (F) Implementation of Constitutional Guarantees. To secure
and guarantee the rights established by Sections 17, 18 and 19
of Article I of the Illinois Constitution of 1970.
    (G) Equal Opportunity, Affirmative Action. To establish
Equal Opportunity and Affirmative Action as the policies of
this State in all of its decisions, programs and activities,
and to assure that all State departments, boards, commissions
and instrumentalities rigorously take affirmative action to
provide equality of opportunity and eliminate the effects of
past discrimination in the internal affairs of State government
and in their relations with the public.
    (H) Unfounded Charges. To protect citizens of this State
against unfounded charges of unlawful discrimination, sexual
harassment in employment and sexual harassment in elementary,
secondary, and higher education, and discrimination based on
citizenship status in employment.
(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
96-1319, eff. 7-27-10.)
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General Definitions. When used in this Act,
unless the context requires otherwise, the term:
    (A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
    (B) Aggrieved Party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
    (C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
    (D) Civil Rights Violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
    (E) Commission. "Commission" means the Human Rights
Commission created by this Act.
    (F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
    (G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
    (H) Department. "Department" means the Department of Human
Rights created by this Act.
    (I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
        (1) For purposes of Article 2 is unrelated to the
    person's ability to perform the duties of a particular job
    or position and, pursuant to Section 2-104 of this Act, a
    person's illegal use of drugs or alcohol is not a
    disability;
        (2) For purposes of Article 3, is unrelated to the
    person's ability to acquire, rent or maintain a housing
    accommodation;
        (3) For purposes of Article 4, is unrelated to a
    person's ability to repay;
        (4) For purposes of Article 5, is unrelated to a
    person's ability to utilize and benefit from a place of
    public accommodation;
        (5) For purposes of Article 5, also includes any
    mental, psychological, or developmental disability,
    including autism spectrum disorders.
    (J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
    (J-1) Military Status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
    (K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
    (K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986 or an
order of protection issued by a court of another state.
    (L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
    (M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
    (N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
    (O) Sex. "Sex" means the status of being male or female.
    (O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
    (P) Unfavorable Military Discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
    (Q) Unlawful Discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
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 as those terms are defined in
this Section.
(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
97-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
    Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
    (A) Employee.
        (1) "Employee" includes:
            (a) Any individual performing services for
        remuneration within this State for an employer;
            (b) An apprentice;
            (c) An applicant for any apprenticeship.
        (2) "Employee" does not include:
            (a) Domestic servants in private homes;
            (b) Individuals employed by persons who are not
        "employers" as defined by this Act;
            (c) Elected public officials or the members of
        their immediate personal staffs;
            (d) Principal administrative officers of the State
        or of any political subdivision, municipal corporation
        or other governmental unit or agency;
            (e) A person in a vocational rehabilitation
        facility certified under federal law who has been
        designated an evaluee, trainee, or work activity
        client.
    (B) Employer.
        (1) "Employer" includes:
            (a) Any person employing 15 or more employees
        within Illinois during 20 or more calendar weeks within
        the calendar year of or preceding the alleged
        violation;
            (b) Any person employing one or more employees when
        a complainant alleges civil rights violation due to
        unlawful discrimination based upon his or her physical
        or mental disability unrelated to ability, pregnancy,
        or sexual harassment;
            (c) The State and any political subdivision,
        municipal corporation or other governmental unit or
        agency, without regard to the number of employees;
            (d) Any party to a public contract without regard
        to the number of employees;
            (e) A joint apprenticeship or training committee
        without regard to the number of employees.
        (2) "Employer" does not include any religious
    corporation, association, educational institution,
    society, or non-profit nursing institution conducted by
    and for those who rely upon treatment by prayer through
    spiritual means in accordance with the tenets of a
    recognized church or religious denomination with respect
    to the employment of individuals of a particular religion
    to perform work connected with the carrying on by such
    corporation, association, educational institution, society
    or non-profit nursing institution of its activities.
    (C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or
place employees.
    (D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of the
rights of union labor which is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
    (E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
    (F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
    (G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
    (H) Public Employee. "Public employee" means an employee of
the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
    (I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
    (J) Eligible Bidder. "Eligible bidder" means a person who,
prior to a bid opening, has filed with the Department a
properly completed, sworn and currently valid employer report
form, pursuant to the Department's regulations. The provisions
of this Article relating to eligible bidders apply only to bids
on contracts with the State and its departments, agencies,
boards, and commissions, and the provisions do not apply to
bids on contracts with units of local government or school
districts.
    (K) Citizenship Status. "Citizenship status" means the
status of being:
        (1) a born U.S. citizen;
        (2) a naturalized U.S. citizen;
        (3) a U.S. national; or
        (4) a person born outside the United States and not a
    U.S. citizen who is not an unauthorized alien and who is
    protected from discrimination under the provisions of
    Section 1324b of Title 8 of the United States Code, as now
    or hereafter amended.
(Source: P.A. 97-877, eff. 8-2-12.)
 
    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
    Sec. 2-102. Civil Rights Violations - Employment. It is a
civil rights violation:
    (A) Employers. For any employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of unlawful
discrimination or citizenship status.
    (A-5) Language. For an employer to impose a restriction
that has the effect of prohibiting a language from being spoken
by an employee in communications that are unrelated to the
employee's duties.
    For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish, or
Chinese. "Language" does not include such things as slang,
jargon, profanity, or vulgarity.
    (B) Employment Agency. For any employment agency to fail or
refuse to classify properly, accept applications and register
for employment referral or apprenticeship referral, refer for
employment, or refer for apprenticeship on the basis of
unlawful discrimination or citizenship status or to accept from
any person any job order, requisition or request for referral
of applicants for employment or apprenticeship which makes or
has the effect of making unlawful discrimination or
discrimination on the basis of citizenship status a condition
of referral.
    (C) Labor Organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to take, or
fail to take, any action which affects adversely any person's
status as an employee or as an applicant for employment or as
an apprentice, or as an applicant for apprenticeships, or
wages, tenure, hours of employment or apprenticeship
conditions on the basis of unlawful discrimination or
citizenship status.
    (D) Sexual Harassment. For any employer, employee, agent of
any employer, employment agency or labor organization to engage
in sexual harassment; provided, that an employer shall be
responsible for sexual harassment of the employer's employees
by nonemployees or nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and fails to
take reasonable corrective measures.
    (E) Public Employers. For any public employer to refuse to
permit a public employee under its jurisdiction who takes time
off from work in order to practice his or her religious beliefs
to engage in work, during hours other than such employee's
regular working hours, consistent with the operational needs of
the employer and in order to compensate for work time lost for
such religious reasons. Any employee who elects such deferred
work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work period.
The employer may require that an employee who plans to take
time off from work in order to practice his or her religious
beliefs provide the employer with a notice of his or her
intention to be absent from work not exceeding 5 days prior to
the date of absence.
    (F) Training and Apprenticeship Programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
    (G) Immigration-Related Practices.
        (1) for an employer to request for purposes of
    satisfying the requirements of Section 1324a(b) of Title 8
    of the United States Code, as now or hereafter amended,
    more or different documents than are required under such
    Section or to refuse to honor documents tendered that on
    their face reasonably appear to be genuine; or
        (2) for an employer participating in the E-Verify
    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
    Programs for Employment Eligibility Confirmation (enacted
    by PL 104-208, div. C title IV, subtitle A) to refuse to
    hire, to segregate, or to act with respect to recruitment,
    hiring, promotion, renewal of employment, selection for
    training or apprenticeship, discharge, discipline, tenure
    or terms, privileges or conditions of employment without
    following the procedures under the E-Verify Program.
    (H) (Blank). Pregnancy; peace officers and fire fighters.
For a public employer to refuse to temporarily transfer a
pregnant female peace officer or pregnant female fire fighter
to a less strenuous or hazardous position for the duration of
her pregnancy if she so requests, with the advice of her
physician, where that transfer can be reasonably accommodated.
For the purposes of this subdivision (H), "peace officer" and
"fire fighter" have the meanings ascribed to those terms in
Section 3 of the Illinois Public Labor Relations Act.
    It is not a civil rights violation for an employer to take
any action that is required by Section 1324a of Title 8 of the
United States Code, as now or hereafter amended.
    (I) Pregnancy. For an employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of
pregnancy, childbirth, or related medical or common conditions
related to pregnancy or childbirth. Women affected by
pregnancy, childbirth, or related medical or common conditions
related to pregnancy or childbirth shall be treated the same
for all employment-related purposes, including receipt of
benefits under fringe benefit programs, as other persons not so
affected but similar in their ability or inability to work,
regardless of the source of the inability to work or employment
classification or status.
    (J) Pregnancy; reasonable accommodations.
        (1) If after a job applicant or employee, including a
    part-time, full-time, or probationary employee, requests a
    reasonable accommodation, for an employer to not make
    reasonable accommodations for any medical or common
    condition of a job applicant or employee related to
    pregnancy or childbirth, unless the employer can
    demonstrate that the accommodation would impose an undue
    hardship on the ordinary operation of the business of the
    employer. The employer may request documentation from the
    employee's health care provider concerning the need for the
    requested reasonable accommodation or accommodations to
    the same extent documentation is requested for conditions
    related to disability if the employer's request for
    documentation is job-related and consistent with business
    necessity. The employer may require only the medical
    justification for the requested accommodation or
    accommodations, a description of the reasonable
    accommodation or accommodations medically advisable, the
    date the reasonable accommodation or accommodations became
    medically advisable, and the probable duration of the
    reasonable accommodation or accommodations. It is the duty
    of the individual seeking a reasonable accommodation or
    accommodations to submit to the employer any documentation
    that is requested in accordance with this paragraph.
    Notwithstanding the provisions of this paragraph, the
    employer may require documentation by the employee's
    health care provider to determine compliance with other
    laws. The employee and employer shall engage in a timely,
    good faith, and meaningful exchange to determine effective
    reasonable accommodations.
        (2) For an employer to deny employment opportunities or
    benefits to or take adverse action against an otherwise
    qualified job applicant or employee, including a
    part-time, full-time, or probationary employee, if the
    denial or adverse action is based on the need of the
    employer to make reasonable accommodations to the known
    medical or common conditions related to the pregnancy or
    childbirth of the applicant or employee.
        (3) For an employer to require a job applicant or
    employee, including a part-time, full-time, or
    probationary employee, affected by pregnancy, childbirth,
    or medical or common conditions related to pregnancy or
    childbirth to accept an accommodation when the applicant or
    employee did not request an accommodation and the applicant
    or employee chooses not to accept the employer's
    accommodation.
        (4) For an employer to require an employee, including a
    part-time, full-time, or probationary employee, to take
    leave under any leave law or policy of the employer if
    another reasonable accommodation can be provided to the
    known medical or common conditions related to the pregnancy
    or childbirth of an employee. No employer shall fail or
    refuse to reinstate the employee affected by pregnancy,
    childbirth, or medical or common conditions related to
    pregnancy or childbirth to her original job or to an
    equivalent position with equivalent pay and accumulated
    seniority, retirement, fringe benefits, and other
    applicable service credits upon her signifying her intent
    to return or when her need for reasonable accommodation
    ceases, unless the employer can demonstrate that the
    accommodation would impose an undue hardship on the
    ordinary operation of the business of the employer.
    For the purposes of this subdivision (J), "reasonable
accommodations" means reasonable modifications or adjustments
to the job application process or work environment, or to the
manner or circumstances under which the position desired or
held is customarily performed, that enable an applicant or
employee affected by pregnancy, childbirth, or medical or
common conditions related to pregnancy or childbirth to be
considered for the position the applicant desires or to perform
the essential functions of that position, and may include, but
is not limited to: more frequent or longer bathroom breaks,
breaks for increased water intake, and breaks for periodic
rest; private non-bathroom space for expressing breast milk and
breastfeeding; seating; assistance with manual labor; light
duty; temporary transfer to a less strenuous or hazardous
position; the provision of an accessible worksite; acquisition
or modification of equipment; job restructuring; a part-time or
modified work schedule; appropriate adjustment or
modifications of examinations, training materials, or
policies; reassignment to a vacant position; time off to
recover from conditions related to childbirth; and leave
necessitated by pregnancy, childbirth, or medical or common
conditions resulting from pregnancy or childbirth.
    For the purposes of this subdivision (J), "undue hardship"
means an action that is prohibitively expensive or disruptive
when considered in light of the following factors: (i) the
nature and cost of the accommodation needed; (ii) the overall
financial resources of the facility or facilities involved in
the provision of the reasonable accommodation, the number of
persons employed at the facility, the effect on expenses and
resources, or the impact otherwise of the accommodation upon
the operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the business of
the employer with respect to the number of its employees, and
the number, type, and location of its facilities; and (iv) the
type of operation or operations of the employer, including the
composition, structure, and functions of the workforce of the
employer, the geographic separateness, administrative, or
fiscal relationship of the facility or facilities in question
to the employer. The employer has the burden of proving undue
hardship. The fact that the employer provides or would be
required to provide a similar accommodation to similarly
situated employees creates a rebuttable presumption that the
accommodation does not impose an undue hardship on the
employer.
    No employer is required by this subdivision (J) to create
additional employment that the employer would not otherwise
have created, unless the employer does so or would do so for
other classes of employees who need accommodation. The employer
is not required to discharge any employee, transfer any
employee with more seniority, or promote any employee who is
not qualified to perform the job, unless the employer does so
or would do so to accommodate other classes of employees who
need it.
    (K) Notice.
        (1) For an employer to fail to post or keep posted in a
    conspicuous location on the premises of the employer where
    notices to employees are customarily posted, or fail to
    include in any employee handbook information concerning an
    employee's rights under this Article, a notice, to be
    prepared or approved by the Department, summarizing the
    requirements of this Article and information pertaining to
    the filing of a charge, including the right to be free from
    unlawful discrimination and the right to certain
    reasonable accommodations. The Department shall make the
    documents required under this paragraph available for
    retrieval from the Department's website.
        (2) Upon notification of a violation of paragraph (1)
    of this subdivision (K), the Department may launch a
    preliminary investigation. If the Department finds a
    violation, the Department may issue a notice to show cause
    giving the employer 30 days to correct the violation. If
    the violation is not corrected, the Department may initiate
    a charge of a civil rights violation.
(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
 
    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
    Sec. 6-101. Additional Civil Rights Violations. It is a
civil rights violation for a person, or for two or more persons
to conspire, to:
        (A) Retaliation. Retaliate against a person because he
    or she has opposed that which he or she reasonably and in
    good faith believes to be unlawful discrimination, sexual
    harassment in employment or sexual harassment in
    elementary, secondary, and higher education,
    discrimination based on citizenship status in employment,
    or because he or she has made a charge, filed a complaint,
    testified, assisted, or participated in an investigation,
    proceeding, or hearing under this Act, or because he or she
    has requested, attempted to request, used, or attempted to
    use a reasonable accommodation as allowed by this Act;
        (B) Aiding and Abetting; Coercion. Aid, abet, compel or
    coerce a person to commit any violation of this Act;
        (C) Interference. Wilfully interfere with the
    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.
    Definitions. For the purposes of this Section, "sexual
harassment" and "citizenship status" shall have the same
meaning as defined in Section 2-101 of this Act.
(Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)
 
    Section 99. Effective date. This Act takes effect January
1, 2015.

Effective Date: 1/1/2015