Illinois General Assembly - Full Text of HB3284
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Full Text of HB3284  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Aaron M. Ortiz


775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Amends the Employment Article of the Illinois Human Rights Act. Provides that an employer shall take all reasonable efforts to ensure the notice summarizing the requirements of the Article and information pertaining to the filing of a charge is made available to an employee in the employee's primary language, if English is not his or her primary language. Provides that the Department of Human Rights may make the notice available in other languages, at the request of an employer, for a reasonable fee.

LRB102 12523 LNS 17860 b





HB3284LRB102 12523 LNS 17860 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
10    segregate, to engage in harassment as defined in
11    subsection (E-1) of Section 2-101, or to act with respect
12    to recruitment, hiring, promotion, renewal of employment,
13    selection for training or apprenticeship, discharge,
14    discipline, tenure or terms, privileges or conditions of
15    employment on the basis of unlawful discrimination or
16    citizenship status. An employer is responsible for
17    harassment by the employer's nonmanagerial and
18    nonsupervisory employees only if the employer becomes
19    aware of the conduct and fails to take reasonable
20    corrective measures.
21        (A-5) Language. For an employer to impose a
22    restriction that has the effect of prohibiting a language
23    from being spoken by an employee in communications that



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1    are unrelated to the employee's duties.
2        For the purposes of this subdivision (A-5), "language"
3    means a person's native tongue, such as Polish, Spanish,
4    or Chinese. "Language" does not include such things as
5    slang, jargon, profanity, or vulgarity.
6        (A-10) Harassment of nonemployees. For any employer,
7    employment agency, or labor organization to engage in
8    harassment of nonemployees in the workplace. An employer
9    is responsible for harassment of nonemployees by the
10    employer's nonmanagerial and nonsupervisory employees only
11    if the employer becomes aware of the conduct and fails to
12    take reasonable corrective measures. For the purposes of
13    this subdivision (A-10), "nonemployee" means a person who
14    is not otherwise an employee of the employer and is
15    directly performing services for the employer pursuant to
16    a contract with that employer. "Nonemployee" includes
17    contractors and consultants. This subdivision applies to
18    harassment occurring on or after the effective date of
19    this amendatory Act of the 101st General Assembly.
20        (B) Employment agency. For any employment agency to
21    fail or refuse to classify properly, accept applications
22    and register for employment referral or apprenticeship
23    referral, refer for employment, or refer for
24    apprenticeship on the basis of unlawful discrimination or
25    citizenship status or to accept from any person any job
26    order, requisition or request for referral of applicants



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



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1    is responsible for sexual harassment of nonemployees by
2    the employer's nonmanagerial and nonsupervisory employees
3    only if the employer becomes aware of the conduct and
4    fails to take reasonable corrective measures. For the
5    purposes of this subdivision (D-5), "nonemployee" means a
6    person who is not otherwise an employee of the employer
7    and is directly performing services for the employer
8    pursuant to a contract with that employer. "Nonemployee"
9    includes contractors and consultants. This subdivision
10    applies to sexual harassment occurring on or after the
11    effective date of this amendatory Act of the 101st General
12    Assembly.
13        (E) Public employers. For any public employer to
14    refuse to permit a public employee under its jurisdiction
15    who takes time off from work in order to practice his or
16    her religious beliefs to engage in work, during hours
17    other than such employee's regular working hours,
18    consistent with the operational needs of the employer and
19    in order to compensate for work time lost for such
20    religious reasons. Any employee who elects such deferred
21    work shall be compensated at the wage rate which he or she
22    would have earned during the originally scheduled work
23    period. The employer may require that an employee who
24    plans to take time off from work in order to practice his
25    or her religious beliefs provide the employer with a
26    notice of his or her intention to be absent from work not



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1    exceeding 5 days prior to the date of absence.
2        (E-5) Religious discrimination. For any employer to
3    impose upon a person as a condition of obtaining or
4    retaining employment, including opportunities for
5    promotion, advancement, or transfer, any terms or
6    conditions that would require such person to violate or
7    forgo a sincerely held practice of his or her religion
8    including, but not limited to, the wearing of any attire,
9    clothing, or facial hair in accordance with the
10    requirements of his or her religion, unless, after
11    engaging in a bona fide effort, the employer demonstrates
12    that it is unable to reasonably accommodate the employee's
13    or prospective employee's sincerely held religious belief,
14    practice, or observance without undue hardship on the
15    conduct of the employer's business.
16        Nothing in this Section prohibits an employer from
17    enacting a dress code or grooming policy that may include
18    restrictions on attire, clothing, or facial hair to
19    maintain workplace safety or food sanitation.
20        (F) Training and apprenticeship programs. For any
21    employer, employment agency or labor organization to
22    discriminate against a person on the basis of age in the
23    selection, referral for or conduct of apprenticeship or
24    training programs.
25        (G) Immigration-related practices.
26            (1) for an employer to request for purposes of



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1        satisfying the requirements of Section 1324a(b) of
2        Title 8 of the United States Code, as now or hereafter
3        amended, more or different documents than are required
4        under such Section or to refuse to honor documents
5        tendered that on their face reasonably appear to be
6        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
10        (enacted by PL 104-208, div. C title IV, subtitle A) to
11        refuse to hire, to segregate, or to act with respect to
12        recruitment, hiring, promotion, renewal of employment,
13        selection for training or apprenticeship, discharge,
14        discipline, tenure or terms, privileges or conditions
15        of employment without following the procedures under
16        the E-Verify Program.
17        (H) (Blank).
18        (I) Pregnancy. For an employer to refuse to hire, to
19    segregate, or to act with respect to recruitment, hiring,
20    promotion, renewal of employment, selection for training
21    or apprenticeship, discharge, discipline, tenure or terms,
22    privileges or conditions of employment on the basis of
23    pregnancy, childbirth, or medical or common conditions
24    related to pregnancy or childbirth. Women affected by
25    pregnancy, childbirth, or medical or common conditions
26    related to pregnancy or childbirth shall be treated the



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1    same for all employment-related purposes, including
2    receipt of benefits under fringe benefit programs, as
3    other persons not so affected but similar in their ability
4    or inability to work, regardless of the source of the
5    inability to work or employment classification or status.
6        (J) Pregnancy; reasonable accommodations.
7            (1) If after a job applicant or employee,
8        including a part-time, full-time, or probationary
9        employee, requests a reasonable accommodation, for an
10        employer to not make reasonable accommodations for any
11        medical or common condition of a job applicant or
12        employee related to pregnancy or childbirth, unless
13        the employer can demonstrate that the accommodation
14        would impose an undue hardship on the ordinary
15        operation of the business of the employer. The
16        employer may request documentation from the employee's
17        health care provider concerning the need for the
18        requested reasonable accommodation or accommodations
19        to the same extent documentation is requested for
20        conditions related to disability if the employer's
21        request for documentation is job-related and
22        consistent with business necessity. The employer may
23        require only the medical justification for the
24        requested accommodation or accommodations, a
25        description of the reasonable accommodation or
26        accommodations medically advisable, the date the



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1        reasonable accommodation or accommodations became
2        medically advisable, and the probable duration of the
3        reasonable accommodation or accommodations. It is the
4        duty of the individual seeking a reasonable
5        accommodation or accommodations to submit to the
6        employer any documentation that is requested in
7        accordance with this paragraph. Notwithstanding the
8        provisions of this paragraph, the employer may require
9        documentation by the employee's health care provider
10        to determine compliance with other laws. The employee
11        and employer shall engage in a timely, good faith, and
12        meaningful exchange to determine effective reasonable
13        accommodations.
14            (2) For an employer to deny employment
15        opportunities or benefits to or take adverse action
16        against an otherwise qualified job applicant or
17        employee, including a part-time, full-time, or
18        probationary employee, if the denial or adverse action
19        is based on the need of the employer to make reasonable
20        accommodations to the known medical or common
21        conditions related to the pregnancy or childbirth of
22        the applicant or employee.
23            (3) For an employer to require a job applicant or
24        employee, including a part-time, full-time, or
25        probationary employee, affected by pregnancy,
26        childbirth, or medical or common conditions related to



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1        pregnancy or childbirth to accept an accommodation
2        when the applicant or employee did not request an
3        accommodation and the applicant or employee chooses
4        not to accept the employer's accommodation.
5            (4) For an employer to require an employee,
6        including a part-time, full-time, or probationary
7        employee, to take leave under any leave law or policy
8        of the employer if another reasonable accommodation
9        can be provided to the known medical or common
10        conditions related to the pregnancy or childbirth of
11        an employee. No employer shall fail or refuse to
12        reinstate the employee affected by pregnancy,
13        childbirth, or medical or common conditions related to
14        pregnancy or childbirth to her original job or to an
15        equivalent position with equivalent pay and
16        accumulated seniority, retirement, fringe benefits,
17        and other applicable service credits upon her
18        signifying her intent to return or when her need for
19        reasonable accommodation ceases, unless the employer
20        can demonstrate that the accommodation would impose an
21        undue hardship on the ordinary operation of the
22        business of the employer.
23        For the purposes of this subdivision (J), "reasonable
24    accommodations" means reasonable modifications or
25    adjustments to the job application process or work
26    environment, or to the manner or circumstances under which



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1    the position desired or held is customarily performed,
2    that enable an applicant or employee affected by
3    pregnancy, childbirth, or medical or common conditions
4    related to pregnancy or childbirth to be considered for
5    the position the applicant desires or to perform the
6    essential functions of that position, and may include, but
7    is not limited to: more frequent or longer bathroom
8    breaks, breaks for increased water intake, and breaks for
9    periodic rest; private non-bathroom space for expressing
10    breast milk and breastfeeding; seating; assistance with
11    manual labor; light duty; temporary transfer to a less
12    strenuous or hazardous position; the provision of an
13    accessible worksite; acquisition or modification of
14    equipment; job restructuring; a part-time or modified work
15    schedule; appropriate adjustment or modifications of
16    examinations, training materials, or policies;
17    reassignment to a vacant position; time off to recover
18    from conditions related to childbirth; and leave
19    necessitated by pregnancy, childbirth, or medical or
20    common conditions resulting from pregnancy or childbirth.
21        For the purposes of this subdivision (J), "undue
22    hardship" means an action that is prohibitively expensive
23    or disruptive when considered in light of the following
24    factors: (i) the nature and cost of the accommodation
25    needed; (ii) the overall financial resources of the
26    facility or facilities involved in the provision of the



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1    reasonable accommodation, the number of persons employed
2    at the facility, the effect on expenses and resources, or
3    the impact otherwise of the accommodation upon the
4    operation of the facility; (iii) the overall financial
5    resources of the employer, the overall size of the
6    business of the employer with respect to the number of its
7    employees, and the number, type, and location of its
8    facilities; and (iv) the type of operation or operations
9    of the employer, including the composition, structure, and
10    functions of the workforce of the employer, the geographic
11    separateness, administrative, or fiscal relationship of
12    the facility or facilities in question to the employer.
13    The employer has the burden of proving undue hardship. The
14    fact that the employer provides or would be required to
15    provide a similar accommodation to similarly situated
16    employees creates a rebuttable presumption that the
17    accommodation does not impose an undue hardship on the
18    employer.
19        No employer is required by this subdivision (J) to
20    create additional employment that the employer would not
21    otherwise have created, unless the employer does so or
22    would do so for other classes of employees who need
23    accommodation. The employer is not required to discharge
24    any employee, transfer any employee with more seniority,
25    or promote any employee who is not qualified to perform
26    the job, unless the employer does so or would do so to



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1    accommodate other classes of employees who need it.
2        (K) Notice.
3            (1) For an employer to fail to post or keep posted
4        in a conspicuous location on the premises of the
5        employer where notices to employees are customarily
6        posted, or fail to include in any employee handbook
7        information concerning an employee's rights under this
8        Article, a notice, to be prepared or approved by the
9        Department, summarizing the requirements of this
10        Article and information pertaining to the filing of a
11        charge, including the right to be free from unlawful
12        discrimination, the right to be free from sexual
13        harassment, and the right to certain reasonable
14        accommodations. The Department shall make the
15        documents required under this paragraph available for
16        retrieval from the Department's website. An employer
17        shall take all reasonable efforts to ensure this
18        notice is made available to an employee in the
19        employee's primary language if English is not his or
20        her primary language. The Department may make
21        documents required under this paragraph available in
22        other languages available, at the request of an
23        employer, for a reasonable fee.
24            (2) Upon notification of a violation of paragraph
25        (1) of this subdivision (K), the Department may launch
26        a preliminary investigation. If the Department finds a



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1        violation, the Department may issue a notice to show
2        cause giving the employer 30 days to correct the
3        violation. If the violation is not corrected, the
4        Department may initiate a charge of a civil rights
5        violation.
6(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
7101-221, eff. 1-1-20.)