101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3326

 

Introduced 2/14/2020, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-105  from Ch. 68, par. 2-105

    Amends the Employment Article of the Illinois Human Rights Act. Provides that specified requirements related to public contracts shall be completed prior to contract execution.


LRB101 19536 LNS 69009 b

 

 

A BILL FOR

 

SB3326LRB101 19536 LNS 69009 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-105 as follows:
 
6    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
7    Sec. 2-105. Equal Employment Opportunities; Affirmative
8Action.
9    (A) Public Contracts. Every party to a public contract and
10every eligible bidder, prior to execution of the contract,
11shall:
12        (1) Refrain from unlawful discrimination and
13    discrimination based on citizenship status in employment
14    and undertake affirmative action to assure equality of
15    employment opportunity and eliminate the effects of past
16    discrimination;
17        (2) Comply with the procedures and requirements of the
18    Department's regulations concerning equal employment
19    opportunities and affirmative action;
20        (3) Provide such information, with respect to its
21    employees and applicants for employment, and assistance as
22    the Department may reasonably request;
23        (4) Have written sexual harassment policies that shall

 

 

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1    include, at a minimum, the following information: (i) the
2    illegality of sexual harassment; (ii) the definition of
3    sexual harassment under State law; (iii) a description of
4    sexual harassment, utilizing examples; (iv) the vendor's
5    internal complaint process including penalties; (v) the
6    legal recourse, investigative and complaint process
7    available through the Department and the Commission; (vi)
8    directions on how to contact the Department and Commission;
9    and (vii) protection against retaliation as provided by
10    Section 6-101 of this Act. A copy of the policies shall be
11    provided to the Department upon request. Additionally,
12    each bidder who submits a bid or offer for a State contract
13    under the Illinois Procurement Code shall have a written
14    copy of the bidder's sexual harassment policy as required
15    under this paragraph (4). A copy of the policy shall be
16    provided to the State agency entering into the contract
17    upon request.
18    (B) State Agencies. Every State executive department,
19State agency, board, commission, and instrumentality shall:
20        (1) Comply with the procedures and requirements of the
21    Department's regulations concerning equal employment
22    opportunities and affirmative action;
23        (2) Provide such information and assistance as the
24    Department may request.
25        (3) Establish, maintain, and carry out a continuing
26    affirmative action plan consistent with this Act and the

 

 

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1    regulations of the Department designed to promote equal
2    opportunity for all State residents in every aspect of
3    agency personnel policy and practice. For purposes of these
4    affirmative action plans, the race and national origin
5    categories to be included in the plans are: American Indian
6    or Alaska Native, Asian, Black or African American,
7    Hispanic or Latino, Native Hawaiian or Other Pacific
8    Islander.
9        This plan shall include a current detailed status
10    report:
11            (a) indicating, by each position in State service,
12        the number, percentage, and average salary of
13        individuals employed by race, national origin, sex and
14        disability, and any other category that the Department
15        may require by rule;
16            (b) identifying all positions in which the
17        percentage of the people employed by race, national
18        origin, sex and disability, and any other category that
19        the Department may require by rule, is less than
20        four-fifths of the percentage of each of those
21        components in the State work force;
22            (c) specifying the goals and methods for
23        increasing the percentage by race, national origin,
24        sex and disability, and any other category that the
25        Department may require by rule, in State positions;
26            (d) indicating progress and problems toward

 

 

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1        meeting equal employment opportunity goals, including,
2        if applicable, but not limited to, Department of
3        Central Management Services recruitment efforts,
4        publicity, promotions, and use of options designating
5        positions by linguistic abilities;
6            (e) establishing a numerical hiring goal for the
7        employment of qualified persons with disabilities in
8        the agency as a whole, to be based on the proportion of
9        people with work disabilities in the Illinois labor
10        force as reflected in the most recent employment data
11        made available by the United States Census Bureau.
12        (4) If the agency has 1000 or more employees, appoint a
13    full-time Equal Employment Opportunity officer, subject to
14    the Department's approval, whose duties shall include:
15            (a) Advising the head of the particular State
16        agency with respect to the preparation of equal
17        employment opportunity programs, procedures,
18        regulations, reports, and the agency's affirmative
19        action plan.
20            (b) Evaluating in writing each fiscal year the
21        sufficiency of the total agency program for equal
22        employment opportunity and reporting thereon to the
23        head of the agency with recommendations as to any
24        improvement or correction in recruiting, hiring or
25        promotion needed, including remedial or disciplinary
26        action with respect to managerial or supervisory

 

 

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1        employees who have failed to cooperate fully or who are
2        in violation of the program.
3            (c) Making changes in recruitment, training and
4        promotion programs and in hiring and promotion
5        procedures designed to eliminate discriminatory
6        practices when authorized.
7            (d) Evaluating tests, employment policies,
8        practices and qualifications and reporting to the head
9        of the agency and to the Department any policies,
10        practices and qualifications that have unequal impact
11        by race, national origin as required by Department
12        rule, sex or disability or any other category that the
13        Department may require by rule, and to assist in the
14        recruitment of people in underrepresented
15        classifications. This function shall be performed in
16        cooperation with the State Department of Central
17        Management Services.
18            (e) Making any aggrieved employee or applicant for
19        employment aware of his or her remedies under this Act.
20            In any meeting, investigation, negotiation,
21        conference, or other proceeding between a State
22        employee and an Equal Employment Opportunity officer,
23        a State employee (1) who is not covered by a collective
24        bargaining agreement and (2) who is the complaining
25        party or the subject of such proceeding may be
26        accompanied, advised and represented by (1) an

 

 

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1        attorney licensed to practice law in the State of
2        Illinois or (2) a representative of an employee
3        organization whose membership is composed of employees
4        of the State and of which the employee is a member. A
5        representative of an employee, other than an attorney,
6        may observe but may not actively participate, or advise
7        the State employee during the course of such meeting,
8        investigation, negotiation, conference or other
9        proceeding. Nothing in this Section shall be construed
10        to permit any person who is not licensed to practice
11        law in Illinois to deliver any legal services or
12        otherwise engage in any activities that would
13        constitute the unauthorized practice of law. Any
14        representative of an employee who is present with the
15        consent of the employee, shall not, during or after
16        termination of the relationship permitted by this
17        Section with the State employee, use or reveal any
18        information obtained during the course of the meeting,
19        investigation, negotiation, conference or other
20        proceeding without the consent of the complaining
21        party and any State employee who is the subject of the
22        proceeding and pursuant to rules and regulations
23        governing confidentiality of such information as
24        promulgated by the appropriate State agency.
25        Intentional or reckless disclosure of information in
26        violation of these confidentiality requirements shall

 

 

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1        constitute a Class B misdemeanor.
2        (5) Establish, maintain and carry out a continuing
3    sexual harassment program that shall include the
4    following:
5            (a) Develop a written sexual harassment policy
6        that includes at a minimum the following information:
7        (i) the illegality of sexual harassment; (ii) the
8        definition of sexual harassment under State law; (iii)
9        a description of sexual harassment, utilizing
10        examples; (iv) the agency's internal complaint process
11        including penalties; (v) the legal recourse,
12        investigative and complaint process available through
13        the Department and the Commission; (vi) directions on
14        how to contact the Department and Commission; and (vii)
15        protection against retaliation as provided by Section
16        6-101 of this Act. The policy shall be reviewed
17        annually.
18            (b) Post in a prominent and accessible location and
19        distribute in a manner to assure notice to all agency
20        employees without exception the agency's sexual
21        harassment policy. Such documents may meet, but shall
22        not exceed, the 6th grade literacy level. Distribution
23        shall be effectuated within 90 days of the effective
24        date of this amendatory Act of 1992 and shall occur
25        annually thereafter.
26            (c) Provide training on sexual harassment

 

 

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1        prevention and the agency's sexual harassment policy
2        as a component of all ongoing or new employee training
3        programs.
4        (6) Notify the Department 30 days before effecting any
5    layoff. Once notice is given, the following shall occur:
6            (a) No layoff may be effective earlier than 10
7        working days after notice to the Department, unless an
8        emergency layoff situation exists.
9            (b) The State executive department, State agency,
10        board, commission, or instrumentality in which the
11        layoffs are to occur must notify each employee targeted
12        for layoff, the employee's union representative (if
13        applicable), and the State Dislocated Worker Unit at
14        the Department of Commerce and Economic Opportunity.
15            (c) The State executive department, State agency,
16        board, commission, or instrumentality in which the
17        layoffs are to occur must conform to applicable
18        collective bargaining agreements.
19            (d) The State executive department, State agency,
20        board, commission, or instrumentality in which the
21        layoffs are to occur should notify each employee
22        targeted for layoff that transitional assistance may
23        be available to him or her under the Economic
24        Dislocation and Worker Adjustment Assistance Act
25        administered by the Department of Commerce and
26        Economic Opportunity. Failure to give such notice

 

 

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1        shall not invalidate the layoff or postpone its
2        effective date.
3     As used in this subsection (B), "disability" shall be
4defined in rules promulgated under the Illinois Administrative
5Procedure Act.
6    (C) Civil Rights Violations. It is a civil rights violation
7for any public contractor or eligible bidder to:
8        (1) fail to comply with the public contractor's or
9    eligible bidder's duty to refrain from unlawful
10    discrimination and discrimination based on citizenship
11    status in employment under subsection (A)(1) of this
12    Section; or
13        (2) fail to comply with the public contractor's or
14    eligible bidder's duties of affirmative action under
15    subsection (A) of this Section, provided however, that the
16    Department has notified the public contractor or eligible
17    bidder in writing by certified mail that the public
18    contractor or eligible bidder may not be in compliance with
19    affirmative action requirements of subsection (A). A
20    minimum of 60 days to comply with the requirements shall be
21    afforded to the public contractor or eligible bidder before
22    the Department may issue formal notice of non-compliance.
23    (D) As used in this Section:
24        (1) "American Indian or Alaska Native" means a person
25    having origins in any of the original peoples of North and
26    South America, including Central America, and who

 

 

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1    maintains tribal affiliation or community attachment.
2        (2) "Asian" means a person having origins in any of the
3    original peoples of the Far East, Southeast Asia, or the
4    Indian subcontinent, including, but not limited to,
5    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
6    the Philippine Islands, Thailand, and Vietnam.
7        (3) "Black or African American" means a person having
8    origins in any of the black racial groups of Africa. Terms
9    such as "Haitian" or "Negro" can be used in addition to
10    "Black or African American".
11        (4) "Hispanic or Latino" means a person of Cuban,
12    Mexican, Puerto Rican, South or Central American, or other
13    Spanish culture or origin, regardless of race.
14        (5) "Native Hawaiian or Other Pacific Islander" means a
15    person having origins in any of the original peoples of
16    Hawaii, Guam, Samoa, or other Pacific Islands.
17(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)