Rep. Stephanie A. Kifowit

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 647

2    AMENDMENT NO. ______. Amend House Bill 647 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Victims' Economic Security and Safety Act
5is amended by changing Section 30 as follows:
 
6    (820 ILCS 180/30)
7    Sec. 30. Victims' employment sustainability; prohibited
8discriminatory acts.
9    (a) An employer shall not fail to hire, refuse to hire,
10discharge, constructively discharge, or harass any individual,
11otherwise discriminate against any individual with respect to
12the compensation, terms, conditions, or privileges of
13employment of the individual, or retaliate against an
14individual in any form or manner, and a public agency shall not
15deny, reduce, or terminate the benefits of, otherwise sanction,
16or harass any individual, otherwise discriminate against any

 

 

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1individual with respect to the amount, terms, or conditions of
2public assistance of the individual, or retaliate against an
3individual in any form or manner, because:
4        (1) the individual involved:
5            (A) is or is perceived to be a victim of domestic
6        or sexual violence;
7            (B) attended, participated in, prepared for, or
8        requested leave to attend, participate in, or prepare
9        for a criminal or civil court proceeding relating to an
10        incident of domestic or sexual violence of which the
11        individual or a family or household member of the
12        individual was a victim, or requested or took leave for
13        any other reason provided under Section 20;
14            (C) requested an adjustment to a job structure,
15        workplace facility, or work requirement, including a
16        transfer, reassignment, or modified schedule, leave, a
17        changed telephone number or seating assignment,
18        installation of a lock, or implementation of a safety
19        procedure in response to actual or threatened domestic
20        or sexual violence, regardless of whether the request
21        was granted; or
22            (D) is an employee whose employer is subject to
23        Section 21 of the Workplace Violence Prevention Act; or
24        (2) the workplace is disrupted or threatened by the
25    action of a person whom the individual states has committed
26    or threatened to commit domestic or sexual violence against

 

 

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1    the individual or the individual's family or household
2    member.
3    (a-5) An employer shall not refuse to make reasonable
4accommodations in the workplace for an employee protected under
5an order of protection that requires a person to stay away from
6an employee's workplace or otherwise relates to or affects or
7extends to the employee's workplace, including:
8        (1) changing the contact information, such as
9    telephone number, fax number, or electronic-mail address
10    of the employee;
11        (2) screening the telephone calls of the employee;
12        (3) restructuring the job functions of the employee;
13        (4) changing the work location of the employee;
14        (5) installing locks and other security devices;
15        (6) allowing the employee to work flexible hours; and
16        (7) contacting law enforcement authorities in the
17    event of a violation of an order of protection at the
18    workplace.
19    The employee and employer shall engage in a timely, good
20faith, and meaningful exchange within 15 days after the
21employer is notified of the existence of the order of
22protection to determine effective reasonable accommodations.
23An employer is not required to make the reasonable
24accommodations if they are not requested by the protected
25employee or if they cause undue hardship on the work operations
26of the employer. The employer shall maintain records of all

 

 

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1actions taken in accordance with this subsection.
2    As used in this subsection (a-5) only, "undue hardship"
3means accommodations that: (i) conflict with the employer's
4attendance policy or residency requirement; or (ii) cause a
5significant difficulty or expense on the operation of an
6employer, when considered in light of the following factors:
7        (A) the nature and cost of the reasonable accommodation
8    needed;
9        (B) the overall financial resources, number of
10    employees, and the number, type, and placement of the work
11    locations of an employer; and
12        (C) the type of operation of the employer, including
13    the composition, structure, and functions of the workforce
14    of the employer, the geographic separateness of the
15    employee's work location from the employer, and the
16    administrative or fiscal relationship of the work location
17    to the employer.
18    Prior to making the reasonable accommodations under this
19subsection, an employer may verify that an employee is
20protected by an order of protection entered under Article 112A
21of the Code of Criminal Procedure of 1963 or the Illinois
22Domestic Violence Act of 1986. An employee for whom reasonable
23accommodations are made under this subsection shall notify the
24employer when the order of protection expires.
25    (b) In this Section:
26        (1) "Discriminate", used with respect to the terms,

 

 

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1    conditions, or privileges of employment or with respect to
2    the terms or conditions of public assistance, includes not
3    making a reasonable accommodation to the known limitations
4    resulting from circumstances relating to being a victim of
5    domestic or sexual violence or a family or household member
6    being a victim of domestic or sexual violence of an
7    otherwise qualified individual:
8            (A) who is:
9                (i) an applicant or employee of the employer
10            (including a public agency); or
11                (ii) an applicant for or recipient of public
12            assistance from a public agency; and
13            (B) who is:
14                (i) a victim of domestic or sexual violence; or
15                (ii) with a family or household member who is a
16            victim of domestic or sexual violence whose
17            interests are not adverse to the individual in
18            subparagraph (A) as it relates to the domestic or
19            sexual violence;
20    unless the employer or public agency can demonstrate that
21    the accommodation would impose an undue hardship on the
22    operation of the employer or public agency.
23        A reasonable accommodation must be made in a timely
24    fashion. Any exigent circumstances or danger facing the
25    employee or his or her family or household member shall be
26    considered in determining whether the accommodation is

 

 

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1    reasonable.
2        (2) "Qualified individual" means:
3            (A) in the case of an applicant or employee
4        described in paragraph (1)(A)(i), an individual who,
5        but for being a victim of domestic or sexual violence
6        or with a family or household member who is a victim of
7        domestic or sexual violence, can perform the essential
8        functions of the employment position that such
9        individual holds or desires; or
10            (B) in the case of an applicant or recipient
11        described in paragraph (1)(A)(ii), an individual who,
12        but for being a victim of domestic or sexual violence
13        or with a family or household member who is a victim of
14        domestic or sexual violence, can satisfy the essential
15        requirements of the program providing the public
16        assistance that the individual receives or desires.
17        (3) "Reasonable accommodation" may include an
18    adjustment to a job structure, workplace facility, or work
19    requirement, including a transfer, reassignment, or
20    modified schedule, leave, a changed telephone number or
21    seating assignment, installation of a lock, or
22    implementation of a safety procedure, or assistance in
23    documenting domestic or sexual violence that occurs at the
24    workplace or in work-related settings, in response to
25    actual or threatened domestic or sexual violence.
26        (4) Undue hardship.

 

 

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1            (A) In general. "Undue hardship" means an action
2        requiring significant difficulty or expense, when
3        considered in light of the factors set forth in
4        subparagraph (B).
5            (B) Factors to be considered. In determining
6        whether a reasonable accommodation would impose an
7        undue hardship on the operation of an employer or
8        public agency, factors to be considered include:
9                (i) the nature and cost of the reasonable
10            accommodation needed under this Section;
11                (ii) the overall financial resources of the
12            facility involved in the provision of the
13            reasonable accommodation, the number of persons
14            employed at such facility, the effect on expenses
15            and resources, or the impact otherwise of such
16            accommodation on the operation of the facility;
17                (iii) the overall financial resources of the
18            employer or public agency, the overall size of the
19            business of an employer or public agency with
20            respect to the number of employees of the employer
21            or public agency, and the number, type, and
22            location of the facilities of an employer or public
23            agency; and
24                (iv) the type of operation of the employer or
25            public agency, including the composition,
26            structure, and functions of the workforce of the

 

 

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1            employer or public agency, the geographic
2            separateness of the facility from the employer or
3            public agency, and the administrative or fiscal
4            relationship of the facility to the employer or
5            public agency.
6    (c) An employer subject to Section 21 of the Workplace
7Violence Prevention Act shall not violate any provisions of the
8Workplace Violence Prevention Act.
9(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)".