98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4758

 

Introduced , by Rep. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Amends the Illinois Human Rights Act. In a provision making it a civil rights violation to engage in sexual harassment, provides that managerial and supervisory employees include only those employees who have authority to effect a significant change in the employment status of the alleged victim, such as by hiring, firing, failing to promote, reassigning with significantly different responsibilities, or making a decision causing a significant change in benefits.


LRB098 18459 HEP 53596 b

 

 

A BILL FOR

 

HB4758LRB098 18459 HEP 53596 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 2-102 as follows:
 
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil Rights Violations - Employment. It is a
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken
17by an employee in communications that are unrelated to the
18employee's duties.
19    For the purposes of this subdivision (A-5), "language"
20means a person's native tongue, such as Polish, Spanish, or
21Chinese. "Language" does not include such things as slang,
22jargon, profanity, or vulgarity.
23    (B) Employment Agency. For any employment agency to fail or

 

 

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1refuse to classify properly, accept applications and register
2for employment referral or apprenticeship referral, refer for
3employment, or refer for apprenticeship on the basis of
4unlawful discrimination or citizenship status or to accept from
5any person any job order, requisition or request for referral
6of applicants for employment or apprenticeship which makes or
7has the effect of making unlawful discrimination or
8discrimination on the basis of citizenship status a condition
9of referral.
10    (C) Labor Organization. For any labor organization to
11limit, segregate or classify its membership, or to limit
12employment opportunities, selection and training for
13apprenticeship in any trade or craft, or otherwise to take, or
14fail to take, any action which affects adversely any person's
15status as an employee or as an applicant for employment or as
16an apprentice, or as an applicant for apprenticeships, or
17wages, tenure, hours of employment or apprenticeship
18conditions on the basis of unlawful discrimination or
19citizenship status.
20    (D) Sexual Harassment. For any employer, employee, agent of
21any employer, employment agency or labor organization to engage
22in sexual harassment; provided, that an employer shall be
23responsible for sexual harassment of the employer's employees
24by nonemployees or nonmanagerial and nonsupervisory employees
25only if the employer becomes aware of the conduct and fails to
26take reasonable corrective measures. Managerial and

 

 

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1supervisory employees include only those employees who have
2authority to effect a significant change in the employment
3status of the alleged victim, such as by hiring, firing,
4failing to promote, reassigning with significantly different
5responsibilities, or making a decision causing a significant
6change in benefits.
7    (E) Public Employers. For any public employer to refuse to
8permit a public employee under its jurisdiction who takes time
9off from work in order to practice his or her religious beliefs
10to engage in work, during hours other than such employee's
11regular working hours, consistent with the operational needs of
12the employer and in order to compensate for work time lost for
13such religious reasons. Any employee who elects such deferred
14work shall be compensated at the wage rate which he or she
15would have earned during the originally scheduled work period.
16The employer may require that an employee who plans to take
17time off from work in order to practice his or her religious
18beliefs provide the employer with a notice of his or her
19intention to be absent from work not exceeding 5 days prior to
20the date of absence.
21    (F) Training and Apprenticeship Programs. For any
22employer, employment agency or labor organization to
23discriminate against a person on the basis of age in the
24selection, referral for or conduct of apprenticeship or
25training programs.
26    (G) Immigration-Related Practices.

 

 

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1        (1) for an employer to request for purposes of
2    satisfying the requirements of Section 1324a(b) of Title 8
3    of the United States Code, as now or hereafter amended,
4    more or different documents than are required under such
5    Section or to refuse to honor documents tendered that on
6    their face reasonably appear to be genuine; or
7        (2) for an employer participating in the E-Verify
8    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
9    Programs for Employment Eligibility Confirmation (enacted
10    by PL 104-208, div. C title IV, subtitle A) to refuse to
11    hire, to segregate, or to act with respect to recruitment,
12    hiring, promotion, renewal of employment, selection for
13    training or apprenticeship, discharge, discipline, tenure
14    or terms, privileges or conditions of employment without
15    following the procedures under the E-Verify Program.
16    (H) Pregnancy; peace officers and fire fighters. For a
17public employer to refuse to temporarily transfer a pregnant
18female peace officer or pregnant female fire fighter to a less
19strenuous or hazardous position for the duration of her
20pregnancy if she so requests, with the advice of her physician,
21where that transfer can be reasonably accommodated. For the
22purposes of this subdivision (H), "peace officer" and "fire
23fighter" have the meanings ascribed to those terms in Section 3
24of the Illinois Public Labor Relations Act.
25    It is not a civil rights violation for an employer to take
26any action that is required by Section 1324a of Title 8 of the

 

 

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1United States Code, as now or hereafter amended.
2    (I) Pregnancy. For an employer to refuse to hire, to
3segregate, or to act with respect to recruitment, hiring,
4promotion, renewal of employment, selection for training or
5apprenticeship, discharge, discipline, tenure or terms,
6privileges or conditions of employment on the basis of
7pregnancy, childbirth, or related medical conditions. Women
8affected by pregnancy, childbirth, or related medical
9conditions shall be treated the same for all employment-related
10purposes, including receipt of benefits under fringe benefit
11programs, as other persons not so affected but similar in their
12ability or inability to work.
13(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)