Illinois General Assembly - Full Text of HB1811
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Full Text of HB1811  102nd General Assembly

HB1811eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB1811 EngrossedLRB102 03966 KTG 13982 b

1    AN ACT concerning business.
 
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 Sections 2-101 and 2-102 as follows:
 
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of
16    this Act, "employee" also includes an unpaid intern. An
17    unpaid intern is a person who performs work for an
18    employer under the following circumstances:
19            (i) the employer is not committed to hiring the
20        person performing the work at the conclusion of the
21        intern's tenure;
22            (ii) the employer and the person performing the
23        work agree that the person is not entitled to wages for

 

 

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1        the work performed; and
2            (iii) the work performed:
3                (I) supplements training given in an
4            educational environment that may enhance the
5            employability of the intern;
6                (II) provides experience for the benefit of
7            the person performing the work;
8                (III) does not displace regular employees;
9                (IV) is performed under the close supervision
10            of existing staff; and
11                (V) provides no immediate advantage to the
12            employer providing the training and may
13            occasionally impede the operations of the
14            employer.
15        (2) "Employee" does not include:
16            (a) (Blank);
17            (b) Individuals employed by persons who are not
18        "employers" as defined by this Act;
19            (c) Elected public officials or the members of
20        their immediate personal staffs;
21            (d) Principal administrative officers of the State
22        or of any political subdivision, municipal corporation
23        or other governmental unit or agency;
24            (e) A person in a vocational rehabilitation
25        facility certified under federal law who has been
26        designated an evaluee, trainee, or work activity

 

 

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1        client.
2    (B) Employer.
3        (1) "Employer" includes:
4            (a) Any person employing one or more employees
5        within Illinois during 20 or more calendar weeks
6        within the calendar year of or preceding the alleged
7        violation;
8            (b) Any person employing one or more employees
9        when a complainant alleges civil rights violation due
10        to unlawful discrimination based upon his or her
11        physical or mental disability unrelated to ability,
12        pregnancy, or sexual harassment;
13            (c) The State and any political subdivision,
14        municipal corporation or other governmental unit or
15        agency, without regard to the number of employees;
16            (d) Any party to a public contract without regard
17        to the number of employees;
18            (e) A joint apprenticeship or training committee
19        without regard to the number of employees.
20        (2) "Employer" does not include any place of worship,
21    religious corporation, association, educational
22    institution, society, or non-profit nursing institution
23    conducted by and for those who rely upon treatment by
24    prayer through spiritual means in accordance with the
25    tenets of a recognized church or religious denomination
26    with respect to the employment of individuals of a

 

 

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1    particular religion to perform work connected with the
2    carrying on by such place of worship, corporation,
3    association, educational institution, society or
4    non-profit nursing institution of its activities.
5    (C) Employment Agency. "Employment Agency" includes both
6public and private employment agencies and any person, labor
7organization, or labor union having a hiring hall or hiring
8office regularly undertaking, with or without compensation, to
9procure opportunities to work, or to procure, recruit, refer
10or place employees.
11    (D) Labor Organization. "Labor Organization" includes any
12organization, labor union, craft union, or any voluntary
13unincorporated association designed to further the cause of
14the rights of union labor which is constituted for the
15purpose, in whole or in part, of collective bargaining or of
16dealing with employers concerning grievances, terms or
17conditions of employment, or apprenticeships or applications
18for apprenticeships, or of other mutual aid or protection in
19connection with employment, including apprenticeships or
20applications for apprenticeships.
21    (D-5) Predictive Data Analytics. "Predictive data
22analytics" means the use of automated machine learning
23algorithms for the purpose of statistically analyzing a
24person's behavior.
25    (E) Sexual Harassment. "Sexual harassment" means any
26unwelcome sexual advances or requests for sexual favors or any

 

 

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1conduct of a sexual nature when (1) submission to such conduct
2is made either explicitly or implicitly a term or condition of
3an individual's employment, (2) submission to or rejection of
4such conduct by an individual is used as the basis for
5employment decisions affecting such individual, or (3) such
6conduct has the purpose or effect of substantially interfering
7with an individual's work performance or creating an
8intimidating, hostile or offensive working environment.
9    For purposes of this definition, the phrase "working
10environment" is not limited to a physical location an employee
11is assigned to perform his or her duties.
12    (E-1) Harassment. "Harassment" means any unwelcome conduct
13on the basis of an individual's actual or perceived race,
14color, religion, national origin, ancestry, age, sex, marital
15status, order of protection status, disability, military
16status, sexual orientation, pregnancy, unfavorable discharge
17from military service, citizenship status, or work
18authorization status that has the purpose or effect of
19substantially interfering with the individual's work
20performance or creating an intimidating, hostile, or offensive
21working environment. For purposes of this definition, the
22phrase "working environment" is not limited to a physical
23location an employee is assigned to perform his or her duties.
24    (F) Religion. "Religion" with respect to employers
25includes all aspects of religious observance and practice, as
26well as belief, unless an employer demonstrates that he is

 

 

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1unable to reasonably accommodate an employee's or prospective
2employee's religious observance or practice without undue
3hardship on the conduct of the employer's business.
4    (G) Public Employer. "Public employer" means the State, an
5agency or department thereof, unit of local government, school
6district, instrumentality or political subdivision.
7    (H) Public Employee. "Public employee" means an employee
8of the State, agency or department thereof, unit of local
9government, school district, instrumentality or political
10subdivision. "Public employee" does not include public
11officers or employees of the General Assembly or agencies
12thereof.
13    (I) Public Officer. "Public officer" means a person who is
14elected to office pursuant to the Constitution or a statute or
15ordinance, or who is appointed to an office which is
16established, and the qualifications and duties of which are
17prescribed, by the Constitution or a statute or ordinance, to
18discharge a public duty for the State, agency or department
19thereof, unit of local government, school district,
20instrumentality or political subdivision.
21    (J) Eligible Bidder. "Eligible bidder" means a person who,
22prior to contract award or prior to bid opening for State
23contracts for construction or construction-related services,
24has filed with the Department a properly completed, sworn and
25currently valid employer report form, pursuant to the
26Department's regulations. The provisions of this Article

 

 

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1relating to eligible bidders apply only to bids on contracts
2with the State and its departments, agencies, boards, and
3commissions, and the provisions do not apply to bids on
4contracts with units of local government or school districts.
5    (K) Citizenship Status. "Citizenship status" means the
6status of being:
7        (1) a born U.S. citizen;
8        (2) a naturalized U.S. citizen;
9        (3) a U.S. national; or
10        (4) a person born outside the United States and not a
11    U.S. citizen who is not an unauthorized alien and who is
12    protected from discrimination under the provisions of
13    Section 1324b of Title 8 of the United States Code, as now
14    or hereafter amended.
15    (L) Work Authorization Status. "Work authorization status"
16means the status of being a person born outside of the United
17States, and not a U.S. citizen, who is authorized by the
18federal government to work in the United States.
19(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
20102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
 
21    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
22    Sec. 2-102. Civil rights violations - employment. It is a
23civil rights violation:
24        (A) Employers. For any employer to refuse to hire, to
25    segregate, to engage in harassment as defined in

 

 

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1    subsection (E-1) of Section 2-101, or to act with respect
2    to recruitment, hiring, promotion, renewal of employment,
3    selection for training or apprenticeship, discharge,
4    discipline, tenure or terms, privileges or conditions of
5    employment on the basis of unlawful discrimination,
6    citizenship status, or work authorization status. An
7    employer is responsible for harassment by the employer's
8    nonmanagerial and nonsupervisory employees only if the
9    employer becomes aware of the conduct and fails to take
10    reasonable corrective measures.
11        (A-5) Language. For an employer to impose a
12    restriction that has the effect of prohibiting a language
13    from being spoken by an employee in communications that
14    are unrelated to the employee's duties.
15        For the purposes of this subdivision (A-5), "language"
16    means a person's native tongue, such as Polish, Spanish,
17    or Chinese. "Language" does not include such things as
18    slang, jargon, profanity, or vulgarity.
19        (A-10) Harassment of nonemployees. For any employer,
20    employment agency, or labor organization to engage in
21    harassment of nonemployees in the workplace. An employer
22    is responsible for harassment of nonemployees by the
23    employer's nonmanagerial and nonsupervisory employees only
24    if the employer becomes aware of the conduct and fails to
25    take reasonable corrective measures. For the purposes of
26    this subdivision (A-10), "nonemployee" means a person who

 

 

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1    is not otherwise an employee of the employer and is
2    directly performing services for the employer pursuant to
3    a contract with that employer. "Nonemployee" includes
4    contractors and consultants. This subdivision applies to
5    harassment occurring on or after the effective date of
6    this amendatory Act of the 101st General Assembly.
7        (B) Employment agency. For any employment agency to
8    fail or refuse to classify properly, accept applications
9    and register for employment referral or apprenticeship
10    referral, refer for employment, or refer for
11    apprenticeship on the basis of unlawful discrimination,
12    citizenship status, or work authorization status or to
13    accept from any person any job order, requisition or
14    request for referral of applicants for employment or
15    apprenticeship which makes or has the effect of making
16    unlawful discrimination or discrimination on the basis of
17    citizenship status or work authorization status a
18    condition of referral.
19        (C) Labor organization. For any labor organization to
20    limit, segregate or classify its membership, or to limit
21    employment opportunities, selection and training for
22    apprenticeship in any trade or craft, or otherwise to
23    take, or fail to take, any action which affects adversely
24    any person's status as an employee or as an applicant for
25    employment or as an apprentice, or as an applicant for
26    apprenticeships, or wages, tenure, hours of employment or

 

 

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1    apprenticeship conditions on the basis of unlawful
2    discrimination, citizenship status, or work authorization
3    status.
4        (D) Sexual harassment. For any employer, employee,
5    agent of any employer, employment agency or labor
6    organization to engage in sexual harassment; provided,
7    that an employer shall be responsible for sexual
8    harassment of the employer's employees by nonemployees or
9    nonmanagerial and nonsupervisory employees only if the
10    employer becomes aware of the conduct and fails to take
11    reasonable corrective measures.
12        (D-5) Sexual harassment of nonemployees. For any
13    employer, employee, agent of any employer, employment
14    agency, or labor organization to engage in sexual
15    harassment of nonemployees in the workplace. An employer
16    is responsible for sexual harassment of nonemployees by
17    the employer's nonmanagerial and nonsupervisory employees
18    only if the employer becomes aware of the conduct and
19    fails to take reasonable corrective measures. For the
20    purposes of this subdivision (D-5), "nonemployee" means a
21    person who is not otherwise an employee of the employer
22    and is directly performing services for the employer
23    pursuant to a contract with that employer. "Nonemployee"
24    includes contractors and consultants. This subdivision
25    applies to sexual harassment occurring on or after the
26    effective date of this amendatory Act of the 101st General

 

 

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1    Assembly.
2        (E) Public employers. For any public employer to
3    refuse to permit a public employee under its jurisdiction
4    who takes time off from work in order to practice his or
5    her religious beliefs to engage in work, during hours
6    other than such employee's regular working hours,
7    consistent with the operational needs of the employer and
8    in order to compensate for work time lost for such
9    religious reasons. Any employee who elects such deferred
10    work shall be compensated at the wage rate which he or she
11    would have earned during the originally scheduled work
12    period. The employer may require that an employee who
13    plans to take time off from work in order to practice his
14    or her religious beliefs provide the employer with a
15    notice of his or her intention to be absent from work not
16    exceeding 5 days prior to the date of absence.
17        (E-5) Religious discrimination. For any employer to
18    impose upon a person as a condition of obtaining or
19    retaining employment, including opportunities for
20    promotion, advancement, or transfer, any terms or
21    conditions that would require such person to violate or
22    forgo a sincerely held practice of his or her religion
23    including, but not limited to, the wearing of any attire,
24    clothing, or facial hair in accordance with the
25    requirements of his or her religion, unless, after
26    engaging in a bona fide effort, the employer demonstrates

 

 

HB1811 Engrossed- 12 -LRB102 03966 KTG 13982 b

1    that it is unable to reasonably accommodate the employee's
2    or prospective employee's sincerely held religious belief,
3    practice, or observance without undue hardship on the
4    conduct of the employer's business.
5        Nothing in this Section prohibits an employer from
6    enacting a dress code or grooming policy that may include
7    restrictions on attire, clothing, or facial hair to
8    maintain workplace safety or food sanitation.
9        (F) Training and apprenticeship programs. For any
10    employer, employment agency or labor organization to
11    discriminate against a person on the basis of age in the
12    selection, referral for or conduct of apprenticeship or
13    training programs.
14        (G) Immigration-related practices.
15            (1) for an employer to request for purposes of
16        satisfying the requirements of Section 1324a(b) of
17        Title 8 of the United States Code, as now or hereafter
18        amended, more or different documents than are required
19        under such Section or to refuse to honor documents
20        tendered that on their face reasonably appear to be
21        genuine or to refuse to honor work authorization based
22        upon the specific status or term of status that
23        accompanies the authorization to work; or
24            (2) for an employer participating in the E-Verify
25        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
26        Programs for Employment Eligibility Confirmation

 

 

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1        (enacted by PL 104-208, div. C title IV, subtitle A) to
2        refuse to hire, to segregate, or to act with respect to
3        recruitment, hiring, promotion, renewal of employment,
4        selection for training or apprenticeship, discharge,
5        discipline, tenure or terms, privileges or conditions
6        of employment without following the procedures under
7        the E-Verify Program.
8        (H) (Blank).
9        (I) Pregnancy. For an employer to refuse to hire, to
10    segregate, or to act with respect to recruitment, hiring,
11    promotion, renewal of employment, selection for training
12    or apprenticeship, discharge, discipline, tenure or terms,
13    privileges or conditions of employment on the basis of
14    pregnancy, childbirth, or medical or common conditions
15    related to pregnancy or childbirth. Women affected by
16    pregnancy, childbirth, or medical or common conditions
17    related to pregnancy or childbirth shall be treated the
18    same for all employment-related purposes, including
19    receipt of benefits under fringe benefit programs, as
20    other persons not so affected but similar in their ability
21    or inability to work, regardless of the source of the
22    inability to work or employment classification or status.
23        (J) Pregnancy; reasonable accommodations.
24            (1) If after a job applicant or employee,
25        including a part-time, full-time, or probationary
26        employee, requests a reasonable accommodation, for an

 

 

HB1811 Engrossed- 14 -LRB102 03966 KTG 13982 b

1        employer to not make reasonable accommodations for any
2        medical or common condition of a job applicant or
3        employee related to pregnancy or childbirth, unless
4        the employer can demonstrate that the accommodation
5        would impose an undue hardship on the ordinary
6        operation of the business of the employer. The
7        employer may request documentation from the employee's
8        health care provider concerning the need for the
9        requested reasonable accommodation or accommodations
10        to the same extent documentation is requested for
11        conditions related to disability if the employer's
12        request for documentation is job-related and
13        consistent with business necessity. The employer may
14        require only the medical justification for the
15        requested accommodation or accommodations, a
16        description of the reasonable accommodation or
17        accommodations medically advisable, the date the
18        reasonable accommodation or accommodations became
19        medically advisable, and the probable duration of the
20        reasonable accommodation or accommodations. It is the
21        duty of the individual seeking a reasonable
22        accommodation or accommodations to submit to the
23        employer any documentation that is requested in
24        accordance with this paragraph. Notwithstanding the
25        provisions of this paragraph, the employer may require
26        documentation by the employee's health care provider

 

 

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1        to determine compliance with other laws. The employee
2        and employer shall engage in a timely, good faith, and
3        meaningful exchange to determine effective reasonable
4        accommodations.
5            (2) For an employer to deny employment
6        opportunities or benefits to or take adverse action
7        against an otherwise qualified job applicant or
8        employee, including a part-time, full-time, or
9        probationary employee, if the denial or adverse action
10        is based on the need of the employer to make reasonable
11        accommodations to the known medical or common
12        conditions related to the pregnancy or childbirth of
13        the applicant or employee.
14            (3) For an employer to require a job applicant or
15        employee, including a part-time, full-time, or
16        probationary employee, affected by pregnancy,
17        childbirth, or medical or common conditions related to
18        pregnancy or childbirth to accept an accommodation
19        when the applicant or employee did not request an
20        accommodation and the applicant or employee chooses
21        not to accept the employer's accommodation.
22            (4) For an employer to require an employee,
23        including a part-time, full-time, or probationary
24        employee, to take leave under any leave law or policy
25        of the employer if another reasonable accommodation
26        can be provided to the known medical or common

 

 

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1        conditions related to the pregnancy or childbirth of
2        an employee. No employer shall fail or refuse to
3        reinstate the employee affected by pregnancy,
4        childbirth, or medical or common conditions related to
5        pregnancy or childbirth to her original job or to an
6        equivalent position with equivalent pay and
7        accumulated seniority, retirement, fringe benefits,
8        and other applicable service credits upon her
9        signifying her intent to return or when her need for
10        reasonable accommodation ceases, unless the employer
11        can demonstrate that the accommodation would impose an
12        undue hardship on the ordinary operation of the
13        business of the employer.
14        For the purposes of this subdivision (J), "reasonable
15    accommodations" means reasonable modifications or
16    adjustments to the job application process or work
17    environment, or to the manner or circumstances under which
18    the position desired or held is customarily performed,
19    that enable an applicant or employee affected by
20    pregnancy, childbirth, or medical or common conditions
21    related to pregnancy or childbirth to be considered for
22    the position the applicant desires or to perform the
23    essential functions of that position, and may include, but
24    is not limited to: more frequent or longer bathroom
25    breaks, breaks for increased water intake, and breaks for
26    periodic rest; private non-bathroom space for expressing

 

 

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1    breast milk and breastfeeding; seating; assistance with
2    manual labor; light duty; temporary transfer to a less
3    strenuous or hazardous position; the provision of an
4    accessible worksite; acquisition or modification of
5    equipment; job restructuring; a part-time or modified work
6    schedule; appropriate adjustment or modifications of
7    examinations, training materials, or policies;
8    reassignment to a vacant position; time off to recover
9    from conditions related to childbirth; and leave
10    necessitated by pregnancy, childbirth, or medical or
11    common conditions resulting from pregnancy or childbirth.
12        For the purposes of this subdivision (J), "undue
13    hardship" means an action that is prohibitively expensive
14    or disruptive when considered in light of the following
15    factors: (i) the nature and cost of the accommodation
16    needed; (ii) the overall financial resources of the
17    facility or facilities involved in the provision of the
18    reasonable accommodation, the number of persons employed
19    at the facility, the effect on expenses and resources, or
20    the impact otherwise of the accommodation upon the
21    operation of the facility; (iii) the overall financial
22    resources of the employer, the overall size of the
23    business of the employer with respect to the number of its
24    employees, and the number, type, and location of its
25    facilities; and (iv) the type of operation or operations
26    of the employer, including the composition, structure, and

 

 

HB1811 Engrossed- 18 -LRB102 03966 KTG 13982 b

1    functions of the workforce of the employer, the geographic
2    separateness, administrative, or fiscal relationship of
3    the facility or facilities in question to the employer.
4    The employer has the burden of proving undue hardship. The
5    fact that the employer provides or would be required to
6    provide a similar accommodation to similarly situated
7    employees creates a rebuttable presumption that the
8    accommodation does not impose an undue hardship on the
9    employer.
10        No employer is required by this subdivision (J) to
11    create additional employment that the employer would not
12    otherwise have created, unless the employer does so or
13    would do so for other classes of employees who need
14    accommodation. The employer is not required to discharge
15    any employee, transfer any employee with more seniority,
16    or promote any employee who is not qualified to perform
17    the job, unless the employer does so or would do so to
18    accommodate other classes of employees who need it.
19        (K) Notice.
20            (1) For an employer to fail to post or keep posted
21        in a conspicuous location on the premises of the
22        employer where notices to employees are customarily
23        posted, or fail to include in any employee handbook
24        information concerning an employee's rights under this
25        Article, a notice, to be prepared or approved by the
26        Department, summarizing the requirements of this

 

 

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1        Article and information pertaining to the filing of a
2        charge, including the right to be free from unlawful
3        discrimination, the right to be free from sexual
4        harassment, and the right to certain reasonable
5        accommodations. The Department shall make the
6        documents required under this paragraph available for
7        retrieval from the Department's website.
8            (2) Upon notification of a violation of paragraph
9        (1) of this subdivision (K), the Department may launch
10        a preliminary investigation. If the Department finds a
11        violation, the Department may issue a notice to show
12        cause giving the employer 30 days to correct the
13        violation. If the violation is not corrected, the
14        Department may initiate a charge of a civil rights
15        violation.
16        (L) Predictive Data Analytics.
17            (1) An employer that uses predictive data
18        analytics in its employment decisions may not consider
19        the applicant's race or zip code when used as a proxy
20        for race to reject an applicant in the context of
21        recruiting, hiring, promotion, renewal of employment,
22        selection for training or apprenticeship, discharge,
23        discipline, tenure or terms, privileges, or conditions
24        of employment.
25            (2) Nothing in this Act shall be construed to
26        prevent the use of predictive data analytics to

 

 

HB1811 Engrossed- 20 -LRB102 03966 KTG 13982 b

1        support the inclusion of diverse candidates in making
2        employment decisions.
3(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
 
4    Section 10. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2AAAA as follows:
 
6    (815 ILCS 505/2AAAA new)
7    Sec. 2AAAA. Creditworthiness; use of predictive analytics.
8    (a) In this Section, "predictive data analytics" means the
9use of automated machine learning algorithms for the purpose
10of statistically analyzing a person's behavior.
11    (b) A person or entity that relies either partially or
12fully on predictive data analytics to determine a consumer's
13creditworthiness may not allow the use of information about
14the consumer that assigns specific risk factors to the
15consumer's race or zip code resulting in rejection of credit
16or other adverse credit-related action to a consumer.
17    (c) A person or entity that uses predictive data analytics
18to determine the creditworthiness of more than 50 consumers in
19a calendar year who are Illinois residents shall, within 90
20days after the effective date of this amendatory Act of the
21102nd General Assembly, devise procedures to ensure that it
22does not consider information that assigns specific risk
23factors to a consumer's race or zip code when rejecting or
24taking other adverse action on a consumer's application for

 

 

HB1811 Engrossed- 21 -LRB102 03966 KTG 13982 b

1credit.
2    (d) A person or entity that violates this Section commits
3an unlawful practice within the meaning of this Act.