Illinois General Assembly - Full Text of SB1480
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Full Text of SB1480  101st General Assembly




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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
Article 1.

5    Section 1-5. The Illinois Human Rights Act is amended by
6changing Section 1-103 and by adding Section 2-103.1 as
8    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
9    Sec. 1-103. General definitions. When used in this Act,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training or
15apprenticeship programs, for the purposes of Section 2-102,
16"age" means the chronological age of a person who is 18 but not
17yet 40 years old.
18    (B) Aggrieved party. "Aggrieved party" means a person who
19is alleged or proved to have been injured by a civil rights
20violation or believes he or she will be injured by a civil
21rights violation under Article 3 that is about to occur.
22    (B-5) Arrest record. "Arrest record" means:



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1        (1) an arrest not leading to a conviction;
2        (2) a juvenile record; or
3        (3) criminal history record information ordered
4    expunged, sealed, or impounded under Section 5.2 of the
5    Criminal Identification Act.
6    (C) Charge. "Charge" means an allegation filed with the
7Department by an aggrieved party or initiated by the Department
8under its authority.
9    (D) Civil rights violation. "Civil rights violation"
10includes and shall be limited to only those specific acts set
11forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
123-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
136-101, and 6-102 of this Act.
14    (E) Commission. "Commission" means the Human Rights
15Commission created by this Act.
16    (F) Complaint. "Complaint" means the formal pleading filed
17by the Department with the Commission following an
18investigation and finding of substantial evidence of a civil
19rights violation.
20    (G) Complainant. "Complainant" means a person including
21the Department who files a charge of civil rights violation
22with the Department or the Commission.
23    (G-5) Conviction record. "Conviction record" means
24information indicating that a person has been convicted of a
25felony, misdemeanor or other criminal offense, placed on
26probation, fined, imprisoned, or paroled pursuant to any law



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1enforcement or military authority.
2    (H) Department. "Department" means the Department of Human
3Rights created by this Act.
4    (I) Disability. "Disability" means a determinable physical
5or mental characteristic of a person, including, but not
6limited to, a determinable physical characteristic which
7necessitates the person's use of a guide, hearing or support
8dog, the history of such characteristic, or the perception of
9such characteristic by the person complained against, which may
10result from disease, injury, congenital condition of birth or
11functional disorder and which characteristic:
12        (1) For purposes of Article 2, is unrelated to the
13    person's ability to perform the duties of a particular job
14    or position and, pursuant to Section 2-104 of this Act, a
15    person's illegal use of drugs or alcohol is not a
16    disability;
17        (2) For purposes of Article 3, is unrelated to the
18    person's ability to acquire, rent, or maintain a housing
19    accommodation;
20        (3) For purposes of Article 4, is unrelated to a
21    person's ability to repay;
22        (4) For purposes of Article 5, is unrelated to a
23    person's ability to utilize and benefit from a place of
24    public accommodation;
25        (5) For purposes of Article 5, also includes any
26    mental, psychological, or developmental disability,



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1    including autism spectrum disorders.
2    (J) Marital status. "Marital status" means the legal status
3of being married, single, separated, divorced, or widowed.
4    (J-1) Military status. "Military status" means a person's
5status on active duty in or status as a veteran of the armed
6forces of the United States, status as a current member or
7veteran of any reserve component of the armed forces of the
8United States, including the United States Army Reserve, United
9States Marine Corps Reserve, United States Navy Reserve, United
10States Air Force Reserve, and United States Coast Guard
11Reserve, or status as a current member or veteran of the
12Illinois Army National Guard or Illinois Air National Guard.
13    (K) National origin. "National origin" means the place in
14which a person or one of his or her ancestors was born.
15    (K-5) "Order of protection status" means a person's status
16as being a person protected under an order of protection issued
17pursuant to the Illinois Domestic Violence Act of 1986, Article
18112A of the Code of Criminal Procedure of 1963, the Stalking No
19Contact Order Act, or the Civil No Contact Order Act, or an
20order of protection issued by a court of another state.
21    (L) Person. "Person" includes one or more individuals,
22partnerships, associations or organizations, labor
23organizations, labor unions, joint apprenticeship committees,
24or union labor associations, corporations, the State of
25Illinois and its instrumentalities, political subdivisions,
26units of local government, legal representatives, trustees in



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1bankruptcy or receivers.
2    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
3or medical or common conditions related to pregnancy or
5    (M) Public contract. "Public contract" includes every
6contract to which the State, any of its political subdivisions,
7or any municipal corporation is a party.
8    (N) Religion. "Religion" includes all aspects of religious
9observance and practice, as well as belief, except that with
10respect to employers, for the purposes of Article 2, "religion"
11has the meaning ascribed to it in paragraph (F) of Section
13    (O) Sex. "Sex" means the status of being male or female.
14    (O-1) Sexual orientation. "Sexual orientation" means
15actual or perceived heterosexuality, homosexuality,
16bisexuality, or gender-related identity, whether or not
17traditionally associated with the person's designated sex at
18birth. "Sexual orientation" does not include a physical or
19sexual attraction to a minor by an adult.
20    (P) Unfavorable military discharge. "Unfavorable military
21discharge" includes discharges from the Armed Forces of the
22United States, their Reserve components, or any National Guard
23or Naval Militia which are classified as RE-3 or the equivalent
24thereof, but does not include those characterized as RE-4 or
26    (Q) Unlawful discrimination. "Unlawful discrimination"



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1means discrimination against a person because of his or her
2actual or perceived: race, color, religion, national origin,
3ancestry, age, sex, marital status, order of protection status,
4disability, military status, sexual orientation, pregnancy, or
5unfavorable discharge from military service as those terms are
6defined in this Section.
7(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
8101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
9    (775 ILCS 5/2-103.1 new)
10    Sec. 2-103.1. Conviction record.
11    (A) Unless otherwise authorized by law, it is a civil
12rights violation for any employer, employment agency or labor
13organization to use a conviction record, as defined under
14subsection (G-5) of Section 1-103, as a basis to refuse to
15hire, to segregate, or to act with respect to recruitment,
16hiring, promotion, renewal of employment, selection for
17training or apprenticeship, discharge, discipline, tenure or
18terms, privileges or conditions of employment (whether
19"disqualification" or "adverse action"), unless:
20        (1) there is a substantial relationship between one or
21    more of the previous criminal offenses and the employment
22    sought or held; or
23        (2) the granting or continuation of the employment
24    would involve an unreasonable risk to property or to the
25    safety or welfare of specific individuals or the general



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1    public.
2    For the purposes of this subsection (A), "substantial
3relationship" means a consideration of whether the employment
4position offers the opportunity for the same or a similar
5offense to occur and whether the circumstances leading to the
6conduct for which the person was convicted will recur in the
7employment position.
8    (B) Factors considered. In making a determination pursuant
9to subsection (A), the employer shall consider the following
11        (1) the length of time since the conviction;
12        (2) the number of convictions that appear on the
13    conviction record;
14        (3) the nature and severity of the conviction and its
15    relationship to the safety and security of others;
16        (4) the facts or circumstances surrounding the
17    conviction;
18        (5) the age of the employee at the time of the
19    conviction; and
20        (6) evidence of rehabilitation efforts.
21    (C) Interactive assessment required for disqualifying
22conviction. If, after considering the mitigating factors in
23subsection (B), the employer makes a preliminary decision that
24the employee's conviction record disqualifies the employee,
25the employer shall notify the employee of this preliminary
26decision in writing.



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1        (1) Notification. The notification shall contain all
2    of the following:
3            (a) notice of the disqualifying conviction or
4        convictions that are the basis for the preliminary
5        decision and the employer's reasoning for the
6        disqualification;
7            (b) a copy of the conviction history report, if
8        any; and
9            (c) an explanation of the employee's right to
10        respond to the notice of the employer's preliminary
11        decision before that decision becomes final. The
12        explanation shall inform the employee that the
13        response may include, but is not limited to, submission
14        of evidence challenging the accuracy of the conviction
15        record that is the basis for the disqualification, or
16        evidence in mitigation, such as rehabilitation.
17        (2) Employee response. The employee shall have at least
18    5 business days to respond to the notification provided to
19    the employee before the employer may make a final decision.
20        (3) Final decision. The employer shall consider
21    information submitted by the employee before making a final
22    decision. If an employer makes a final decision to
23    disqualify or take an adverse action solely or in part
24    because of the employee's conviction record, the employer
25    shall notify the employee in writing of the following:
26            (a) notice of the disqualifying conviction or



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1        convictions that are the basis for the final decision
2        and the employer's reasoning for the disqualification;
3            (b) any existing procedure the employer has for the
4        employee to challenge the decision or request
5        reconsideration; and
6            (c) the right to file a charge with the Department.
Article 5.

8    Section 5-5. The Business Corporation Act of 1983 is
9amended by changing Section 14.05 as follows:
10    (805 ILCS 5/14.05)  (from Ch. 32, par. 14.05)
11    Sec. 14.05. Annual report of domestic or foreign
12corporation. Each domestic corporation organized under any
13general law or special act of this State authorizing the
14corporation to issue shares, other than homestead
15associations, building and loan associations, banks and
16insurance companies (which includes a syndicate or limited
17syndicate regulated under Article V 1/2 of the Illinois
18Insurance Code or member of a group of underwriters regulated
19under Article V of that Code), and each foreign corporation
20(except members of a group of underwriters regulated under
21Article V of the Illinois Insurance Code) authorized to
22transact business in this State, shall file, within the time
23prescribed by this Act, an annual report setting forth:



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1        (a) The name of the corporation.
2        (b) The address, including street and number, or rural
3    route number, of its registered office in this State, and
4    the name of its registered agent at that address.
5        (c) The address, including street and number, or rural
6    route number, of its principal office.
7        (d) The names and respective addresses, including
8    street and number, or rural route number, of its directors
9    and officers.
10        (e) A statement of the aggregate number of shares which
11    the corporation has authority to issue, itemized by classes
12    and series, if any, within a class.
13        (f) A statement of the aggregate number of issued
14    shares, itemized by classes, and series, if any, within a
15    class.
16        (g) A statement, expressed in dollars, of the amount of
17    paid-in capital of the corporation as defined in this Act.
18        (h) Either a statement that (1) all the property of the
19    corporation is located in this State and all of its
20    business is transacted at or from places of business in
21    this State, or the corporation elects to pay the annual
22    franchise tax on the basis of its entire paid-in capital,
23    or (2) a statement, expressed in dollars, of the value of
24    all the property owned by the corporation, wherever
25    located, and the value of the property located within this
26    State, and a statement, expressed in dollars, of the gross



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1    amount of business transacted by the corporation and the
2    gross amount thereof transacted by the corporation at or
3    from places of business in this State as of the close of
4    its fiscal year on or immediately preceding the last day of
5    the third month prior to the anniversary month or in the
6    case of a corporation which has established an extended
7    filing month, as of the close of its fiscal year on or
8    immediately preceding the last day of the third month prior
9    to the extended filing month; however, in the case of a
10    domestic corporation that has not completed its first
11    fiscal year, the statement with respect to property owned
12    shall be as of the last day of the third month preceding
13    the anniversary month and the statement with respect to
14    business transacted shall be furnished for the period
15    between the date of incorporation and the last day of the
16    third month preceding the anniversary month. In the case of
17    a foreign corporation that has not been authorized to
18    transact business in this State for a period of 12 months
19    and has not commenced transacting business prior to
20    obtaining authority, the statement with respect to
21    property owned shall be as of the last day of the third
22    month preceding the anniversary month and the statement
23    with respect to business transacted shall be furnished for
24    the period between the date of its authorization to
25    transact business in this State and the last day of the
26    third month preceding the anniversary month. If the data



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1    referenced in item (2) of this subsection is not completed,
2    the franchise tax provided for in this Act shall be
3    computed on the basis of the entire paid-in capital.
4        (i) A statement, including the basis therefor, of
5    status as a "minority-owned business" or as a "women-owned
6    business" as those terms are defined in the Business
7    Enterprise for Minorities, Women, and Persons with
8    Disabilities Act.
9        (j) Additional information as may be necessary or
10    appropriate in order to enable the Secretary of State to
11    administer this Act and to verify the proper amount of fees
12    and franchise taxes payable by the corporation.
13        (k) A statement of whether the corporation or foreign
14    corporation has outstanding shares listed on a major United
15    States stock exchange and is thereby subject to the
16    reporting requirements of Section 8.12.
17        (l) For those corporations subject to Section 8.12, a
18    statement providing the information required under Section
19    8.12.
20        (m) For those corporations required to file an Employer
21    Information Report EEO-1 with the Equal Employment
22    Opportunity Commission, information that is substantially
23    similar to the employment data reported under Section D of
24    the corporation's EEO-1 in a format approved by the
25    Secretary of State. For each corporation that submits data
26    under this paragraph, the Secretary of State shall publish



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1    the data on the gender, race, and ethnicity of each
2    corporation's employees on the Secretary of State's
3    official website. The Secretary of State shall publish such
4    information within 90 days of receipt of a properly filed
5    annual report or as soon thereafter as practicable.
6    The annual report shall be made on forms prescribed and
7furnished by the Secretary of State, and the information
8therein required by paragraphs (a) through (d), both inclusive,
9of this Section, shall be given as of the date of the execution
10of the annual report and the information therein required by
11paragraphs (e), (f), and (g) of this Section shall be given as
12of the last day of the third month preceding the anniversary
13month, except that the information required by paragraphs (e),
14(f), and (g) shall, in the case of a corporation which has
15established an extended filing month, be given in its final
16transition annual report and each subsequent annual report as
17of the close of its fiscal year on or immediately preceding the
18last day of the third month prior to its extended filing month.
19The information required by paragraph (m) shall be included in
20the corporation's annual report filed on and after January 1,
212023. It shall be executed by the corporation by its president,
22a vice-president, secretary, assistant secretary, treasurer or
23other officer duly authorized by the board of directors of the
24corporation to execute those reports, and verified by him or
25her, or, if the corporation is in the hands of a receiver or
26trustee, it shall be executed on behalf of the corporation and



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1verified by the receiver or trustee.
2(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18;
3100-863, eff. 8-14-18; 101-589, eff. 8-27-19.)
Article 10.

5    Section 10-1. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other records
20    prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of



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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a local
22    emergency energy plan ordinance that is adopted under
23    Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.



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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of



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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Record Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Office due to its administration of
18    the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under the Developmental Disability and
26    Mental Health Safety Act (also known as Brian's Law).



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1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act or applied for
4    or received a concealed carry license under the Firearm
5    Concealed Carry Act, unless otherwise authorized by the
6    Firearm Concealed Carry Act; and databases under the
7    Firearm Concealed Carry Act, records of the Concealed Carry
8    Licensing Review Board under the Firearm Concealed Carry
9    Act, and law enforcement agency objections under the
10    Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of an
23    eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory



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1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day and



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1    temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session prohibited
15    from disclosure under the First Responders Suicide
16    Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of



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1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that Act.
5        (uu) Information that is exempt from disclosure under
6    Section 50 of the Sexual Assault Evidence Submission Act.
7        (vv) Information that is exempt from disclosure under
8    subsections (f) and (j) of Section 5-36 of the Illinois
9    Public Aid Code.
10        (ww) Information that is exempt from disclosure under
11    Section 16.8 of the State Treasurer Act.
12        (xx) Information that is exempt from disclosure or
13    information that shall not be made public under the
14    Illinois Insurance Code.
15        (yy) Information prohibited from being disclosed under
16    the Illinois Educational Labor Relations Act.
17        (zz) Information prohibited from being disclosed under
18    the Illinois Public Labor Relations Act.
19        (aaa) Information prohibited from being disclosed
20    under Section 1-167 of the Illinois Pension Code.
21        (bbb) Information that is exempt from disclosure under
22    subsection (k) of Section 11 of the Equal Pay Act of 2003.
23(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
24100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
258-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
26eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;



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1100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
26-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
3eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
4101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
51-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
6eff. 7-7-20.)
7    Section 10-5. The State Finance Act is amended by adding
8Section 5.935 as follows:
9    (30 ILCS 105/5.935 new)
10    Sec. 5.935. The Equal Pay Registration Fund.
11    Section 10-10. The Equal Pay Act of 2003 is amended by
12adding Section 11 as follows:
13    (820 ILCS 112/11 new)
14    Sec. 11. Equal pay registration certificate requirements;
16    For the purposes of this Section 11 only, "business" means
17any private employer who has more than 100 employees in the
18State of Illinois, and does not include the State of Illinois
19or any political subdivision, municipal corporation, or other
20governmental unit or agency.
21    (a) A business must obtain an equal pay registration
22certificate from the Department or certify in writing that it



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1is exempt.
2    (b) Any business subject to the requirements of this
3Section that is authorized to transact business in this State
4on the effective date of this amendatory Act of the 101st
5General Assembly must obtain an equal pay registration
6certificate within 3 years after the effective date of this
7amendatory Act of the 101st General Assembly and must recertify
8every 2 years thereafter. Any business subject to the
9requirements of this Section that is authorized to transact
10business in this State after the effective date of this
11amendatory Act of the 101st General Assembly must obtain an
12equal pay registration certificate within 3 years of commencing
13business operations and must recertify every 2 years
15    (c) Application.
16        (1) A business shall apply for an equal pay
17    registration certificate by paying a $150 filing fee and
18    submitting an equal pay compliance statement to the
19    Director. Any business that is required to file an annual
20    Employer Information Report EEO-1 with the Equal
21    Employment Opportunity Commission must also submit to the
22    Director a copy of the business's most recently filed
23    Employer Information Report EEO-1 for each county in which
24    the business has a facility or employees. The business
25    shall also compile, from records maintained and available,
26    a list of all employees during the past calendar year,



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1    separated by gender and the race and ethnicity categories
2    as reported in the business's most recently filed Employer
3    Information Report EEO-1, and report the total wages as
4    defined by Section 2 of the Illinois Wage Payment and
5    Collection Act paid to each employee during the past
6    calendar year, rounded to the nearest hundred dollar, to
7    the Director. The proceeds from the fees collected under
8    this Section shall be deposited into the Equal Pay
9    Registration Fund, a special fund created in the State
10    treasury. Moneys in the Fund shall be appropriated to the
11    Department for the purposes of this Section. The Director
12    shall issue an equal pay registration certificate to a
13    business that submits to the Director a statement signed by
14    a corporate officer, legal counsel, or authorized agent of
15    the business:
16            (A) that the business is in compliance with Title
17        VII of the Civil Rights Act of 1964, the Equal Pay Act
18        of 1963, the Illinois Human Rights Act, the Equal Wage
19        Act, and the Equal Pay Act of 2003;
20            (B) that the average compensation for its female
21        and minority employees is not consistently below the
22        average compensation, as determined by rule by the
23        United States Department of Labor, for its male and
24        non-minority employees within each of the major job
25        categories in the Employer Information Report EEO-1
26        for which an employee is expected to perform work under



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1        the contract, taking into account factors such as
2        length of service, requirements of specific jobs,
3        experience, skill, effort, responsibility, working
4        conditions of the job, or other mitigating factors; as
5        used in this subparagraph, "minority" has the meaning
6        ascribed to that term in paragraph (1) of subsection
7        (A) of Section 2 of the Business Enterprise for
8        Minorities, Women, and Persons with Disabilities Act;
9            (C) that the business does not restrict employees
10        of one sex to certain job classifications and makes
11        retention and promotion decisions without regard to
12        sex;
13            (D) that wage and benefit disparities are
14        corrected when identified to ensure compliance with
15        the Acts cited in subparagraph (A) and with
16        subparagraph (B); and
17            (E) how often wages and benefits are evaluated to
18        ensure compliance with the Acts cited in subparagraph
19        (A) and with subparagraph (B).
20        (2) The equal pay compliance statement shall also
21    indicate whether the business, in setting compensation and
22    benefits, utilizes:
23            (A) a market pricing approach;
24            (B) State prevailing wage or union contract
25        requirements;
26            (C) a performance pay system;



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1            (D) an internal analysis; or
2            (E) an alternative approach to determine what
3        level of wages and benefits to pay its employees. If
4        the business uses an alternative approach, the
5        business must provide a description of its approach.
6        (3) Receipt of the equal pay compliance statement by
7    the Director does not establish compliance with the Acts
8    set forth in subparagraph (A).
9    A business that has employees in multiple locations or
10facilities in Illinois shall submit a single application to the
11Department regarding all of its operations in Illinois.
12    (d) Issuance or rejection of registration certificate. The
13Director must issue an equal pay registration certificate, or a
14statement of why the application was rejected, within 45
15calendar days of receipt of the application. An application may
16be rejected only if it does not comply with the requirements of
17subsection (c). The receipt of an application by the
18Department, or the issuance of a registration certificate by
19the Department, shall not establish compliance of the Equal Pay
20Act of 2003 as to all Sections except Section 11. The issuance
21of a registration certificate shall not be a defense against
22any Equal Pay Act violation found by the Department, nor a
23basis for mitigation of damages.
24    (e) Revocation of registration certificate. An equal pay
25registration certificate for a business may be suspended or
26revoked by the Director when the business fails to make a good



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1faith effort to comply with the Acts identified in subparagraph
2(A) of paragraph (1) of subsection (c), fails to make a good
3faith effort to comply with this Section, or has multiple
4violations of this Section or the Acts identified in
5subparagraph (A) of paragraph (1) of subsection (c). Prior to
6suspending or revoking a registration certificate, the
7Director must first have sought to conciliate with the business
8regarding wages and benefits due to employees.
9    The Director, or his or her authorized representative, may
10interview workers, administer oaths, take or cause to be taken
11the depositions of witnesses, and require by subpoena the
12attendance and testimony of witnesses, and the production of
13all books, records, and other evidence relative to the matter
14under investigation or hearing. Such subpoena shall be signed
15and issued by the Director or his or her authorized
17    Upon request by the Director or his or her deputies or
18agents, records shall be copied and submitted for evidence at
19no cost to the Department. Every employer upon request shall
20furnish to the Director or his or her authorized
21representative, on demand, a sworn statement of the accuracy of
22the records. Any employer who refuses to furnish a sworn
23statement of the records is in violation of this Act.
24    In case of failure of any person to comply with any
25subpoena lawfully issued under this Section or on the refusal
26of any witness to produce evidence or to testify to any matter



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1regarding which he or she may be lawfully interrogated, it is
2the duty of any circuit court, upon application of the Director
3or his or her authorized representative, to compel obedience by
4proceedings for contempt, as in the case of disobedience of the
5requirements of a subpoena issued by such court or a refusal to
6testify therein. The Director may certify to official acts.
7    Neither the Department nor the Director shall be held
8liable for good faith errors in issuing, denying, suspending or
9revoking certificates.
10    (f) Administrative review.
11        (1) A business may obtain an administrative hearing in
12    accordance with the Illinois Administrative Procedure Act
13    before the suspension or revocation of its certificate is
14    effective by filing a written request for hearing within 20
15    calendar days after service of notice by the Director.
16        (2) A business may obtain an administrative hearing in
17    accordance with the Illinois Administrative Procedure Act
18    before the contract award entity's abridgement or
19    termination of a contract is effective by filing a written
20    request for a hearing 20 calendar days after service of
21    notice by the contract award entity.
22    (g) Technical assistance. The Director must provide
23technical assistance to any business that requests assistance
24regarding this Section.
25    (h) Audit. The Director may audit the business's compliance
26with this Section. As part of an audit, upon request, a



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1business must provide the Director the following information
2with respect to employees expected to perform work under the
3contract in each of the major job categories in the Employer
4Information Report EEO-1:
5        (1) number of male employees;
6        (2) number of female employees;
7        (3) average annualized salaries paid to male employees
8    and to female employees, in the manner most consistent with
9    the employer's compensation system, within each major job
10    category;
11        (4) information on performance payments, benefits, or
12    other elements of compensation, in the manner most
13    consistent with the employer's compensation system, if
14    requested by the Director as part of a determination as to
15    whether these elements of compensation are different for
16    male and female employees;
17        (5) average length of service for male and female
18    employees in each major job category; and
19        (6) other information identified by the business or by
20    the Director, as needed, to determine compliance with items
21    specified in paragraph (1) of subsection (c).
22    (i) Access to data. Data submitted to the Director related
23to equal pay registration certificates or otherwise provided by
24an employer in its equal pay compliance statement under
25subsection (c) are private data on individuals or nonpublic
26data with respect to persons other than Department employees.



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1The Director's decision to issue, not issue, revoke, or suspend
2an equal pay registration certificate is public data.
3    (j) Penalty. The Department shall impose on any business
4that does not obtain an equal pay registration certificate as
5required under this Section, or whose equal pay registration
6certificate is suspended or revoked after a Department
7investigation, a civil penalty in an amount equal to 1% of the
8business's gross profits.
9    Falsification or misrepresentation of information on an
10application submitted to the Department shall constitute a
11violation of this Act.
12    (k) Whistleblower protection. As used in this subsection,
13"retaliatory action" means the reprimand, discharge,
14suspension, demotion, denial of promotion or transfer, or
15change in the terms and conditions of employment of any
16employee of a business that is taken in retaliation for the
17employee's involvement in a protected activity.
18        (1) A business shall not take any retaliatory action
19    against an employee of the business because the employee
20    does any of the following:
21            (A) Discloses or threatens to disclose to a
22        supervisor or to a public body an activity, inaction,
23        policy, or practice implemented by a business that the
24        employee reasonably believes is in violation of a law,
25        rule, or regulation.
26            (B) Provides information to or testifies before



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1        any public body conducting an investigation, hearing,
2        or inquiry into any violation of a law, rule, or
3        regulation by a nursing home administrator.
4            (C) Assists or participates in a proceeding to
5        enforce the provisions of this Act.
6        (2) A violation of this subsection (k) may be
7    established only upon a finding that (i) the employee of
8    the business engaged in conduct described in paragraph (1)
9    of this subsection and (ii) this conduct was a contributing
10    factor in the retaliatory action alleged by the employee.
11    There is no violation of this Section, however, if the
12    business demonstrates by clear and convincing evidence
13    that it would have taken the same unfavorable personnel
14    action in the absence of that conduct.
15        (3) The employee of the business may be awarded all
16    remedies necessary to make the employee whole and to
17    prevent future violations of this Section. Remedies
18    imposed by the court may include, but are not limited to,
19    all of the following:
20            (A) Reinstatement of the employee to either the
21        same position held before the retaliatory action or to
22        an equivalent position.
23            (B) Two times the amount of back pay.
24            (C) Interest on the back pay.
25            (D) Reinstatement of full fringe benefits and
26        seniority rights.



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1            (E) Payment of reasonable costs and attorney's
2        fees.
3        (4) Nothing in this Section shall be deemed to diminish
4    the rights, privileges, or remedies of an employee of a
5    business under any other federal or State law, rule, or
6    regulation or under any employment contract.
Article 99.

8    Section 99-99. Effective date. This Act takes effect upon
9becoming law.