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Public Act 101-0430


 

Public Act 0430 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0430
 
HB0252 EnrolledLRB101 00363 HEP 45367 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Section 2-101 as follows:
 
    (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.
        For purposes of subsection (D) of Section 2-102 of this
    Act, "employee" also includes an unpaid intern. An unpaid
    intern is a person who performs work for an employer under
    the following circumstances:
            (i) the employer is not committed to hiring the
        person performing the work at the conclusion of the
        intern's tenure;
            (ii) the employer and the person performing the
        work agree that the person is not entitled to wages for
        the work performed; and
            (iii) the work performed:
                (I) supplements training given in an
            educational environment that may enhance the
            employability of the intern;
                (II) provides experience for the benefit of
            the person performing the work;
                (III) does not displace regular employees;
                (IV) is performed under the close supervision
            of existing staff; and
                (V) provides no immediate advantage to the
            employer providing the training and may
            occasionally impede the operations of the
            employer.
        (2) "Employee" does not include:
            (a) (Blank);
            (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 one 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 place of worship,
    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 place of worship, 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 contract award or prior to bid opening for State
contracts for construction or construction-related services,
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. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
eff. 8-9-17.)
 
    Section 99. Effective date. This Act takes effect July 1,
2020.

Effective Date: 7/1/2020