Illinois General Assembly - Full Text of SB2153
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Full Text of SB2153  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/10/2011, by Sen. Kimberly A. Lightford


New Act
775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/1-103  from Ch. 68, par. 1-103
775 ILCS 5/2-102  from Ch. 68, par. 2-102

    Creates the Employment Advertisement Fairness Act. Provides that no employer, employment agency, labor organization, or an agent or representative of any such entity shall publish in print or on the Internet an advertisement for a job that contains a statement indicating that current employment is a job qualification or that an applicant who is not employed will not be considered. Provides that a violation is a civil penalty not to exceed $5,000 for the first violation and $10,000 for each subsequent violation, collectible by the Department of Labor in a proceeding under rules adopted by the Department. Amends the Illinois Human Rights Act. Provides that the public policy of this State in the area of employment is modified to include: to prevent discrimination based on unemployment status or on a gap in employment history. Provides that unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency, or labor organization to inquire into or to use a prospective employee's unemployment status or gap in employment history as a basis to refuse to hire or to act with respect to recruitment, hiring, or other employment decisions. Effective immediately.

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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:
4    Section 1. Short title. This Act may be cited as the
5Employment Advertisement Fairness Act.
6    Section 5. Job advertisement discrimination. No employer,
7employment agency, labor organization, or an agent or
8representative of any of them, shall publish, in print or on
9the Internet, an advertisement for any job vacancy that
10contains one or more of the following:
11        (1) any provision stating or suggesting that the
12    qualifications for a job include current employment;
13        (2) any provision stating or suggesting that the
14    employer, employment agency, labor organization, or an
15    agent or representative of any of them, will not consider
16    or review applications for employment submitted by a job
17    applicant currently unemployed; or
18        (3) any provision stating or suggesting that the
19    employer, employment agency, labor organization, or an
20    agent or representative of any of them, will only consider
21    or review applications for employment submitted by job
22    applicants who are currently employed.



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1    Section 10. Penalty. An employer who violates this Act is
2subject to a civil penalty not to exceed $5,000 for the first
3violation and $10,000 for each subsequent violation,
4collectible by the Department of Labor in a proceeding under
5rules adopted by the Department.
6    Section 900. The Illinois Human Rights Act is amended by
7changing Sections 1-102, 1-103, and 2-102 as follows:
8    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
9    Sec. 1-102. Declaration of Policy. It is the public policy
10of this State:
11    (A) Freedom from Unlawful Discrimination. To secure for all
12individuals within Illinois the freedom from discrimination
13against any individual because of his or her race, color,
14religion, sex, national origin, ancestry, age, order of
15protection status, marital status, physical or mental
16disability, military status, sexual orientation, or
17unfavorable discharge from military service in connection with
18employment, real estate transactions, access to financial
19credit, and the availability of public accommodations.
20    (B) Freedom from Sexual Harassment-Employment and
21Elementary, Secondary, and Higher Education. To prevent sexual
22harassment in employment and sexual harassment in elementary,
23secondary, and higher education.
24    (C) Freedom from Discrimination Based on Citizenship



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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (D) Freedom from Discrimination Based on Familial
4Status-Real Estate Transactions. To prevent discrimination
5based on familial status in real estate transactions.
6    (E) Public Health, Welfare and Safety. To promote the
7public health, welfare and safety by protecting the interest of
8all people in Illinois in maintaining personal dignity, in
9realizing their full productive capacities, and in furthering
10their interests, rights and privileges as citizens of this
12    (F) Implementation of Constitutional Guarantees. To secure
13and guarantee the rights established by Sections 17, 18 and 19
14of Article I of the Illinois Constitution of 1970.
15    (G) Equal Opportunity, Affirmative Action. To establish
16Equal Opportunity and Affirmative Action as the policies of
17this State in all of its decisions, programs and activities,
18and to assure that all State departments, boards, commissions
19and instrumentalities rigorously take affirmative action to
20provide equality of opportunity and eliminate the effects of
21past discrimination in the internal affairs of State government
22and in their relations with the public.
23    (H) Unfounded Charges. To protect citizens of this State
24against unfounded charges of unlawful discrimination, sexual
25harassment in employment and sexual harassment in elementary,
26secondary, and higher education, and discrimination based on



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1citizenship status in employment.
2    (I) Freedom from Discrimination Based on Unemployment
3Status-Employment. To prevent discrimination based on
4unemployment status in employment or based on a gap in
5employment history in employment.
6(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
796-1319, eff. 7-27-10.)
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    (C) Charge. "Charge" means an allegation filed with the
23Department by an aggrieved party or initiated by the Department
24under its authority.
25    (D) Civil Rights Violation. "Civil rights violation"



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1includes and shall be limited to only those specific acts set
2forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
33-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
46-101, and 6-102 of this Act.
5    (E) Commission. "Commission" means the Human Rights
6Commission created by this Act.
7    (F) Complaint. "Complaint" means the formal pleading filed
8by the Department with the Commission following an
9investigation and finding of substantial evidence of a civil
10rights violation.
11    (G) Complainant. "Complainant" means a person including
12the Department who files a charge of civil rights violation
13with the Department or the Commission.
14    (H) Department. "Department" means the Department of Human
15Rights created by this Act.
16    (I) Disability. "Disability" means a determinable physical
17or mental characteristic of a person, including, but not
18limited to, a determinable physical characteristic which
19necessitates the person's use of a guide, hearing or support
20dog, the history of such characteristic, or the perception of
21such characteristic by the person complained against, which may
22result from disease, injury, congenital condition of birth or
23functional disorder and which characteristic:
24        (1) For purposes of Article 2 is unrelated to the
25    person's ability to perform the duties of a particular job
26    or position and, pursuant to Section 2-104 of this Act, a



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1    person's illegal use of drugs or alcohol is not a
2    disability;
3        (2) For purposes of Article 3, is unrelated to the
4    person's ability to acquire, rent or maintain a housing
5    accommodation;
6        (3) For purposes of Article 4, is unrelated to a
7    person's ability to repay;
8        (4) For purposes of Article 5, is unrelated to a
9    person's ability to utilize and benefit from a place of
10    public accommodation.
11    (I-5) Gap in Employment History. "Gap in employment
12history" means a period of time between periods of employment
13during which a person was not employed.
14    (J) Marital Status. "Marital status" means the legal status
15of being married, single, separated, divorced or widowed.
16    (J-1) Military Status. "Military status" means a person's
17status on active duty in or status as a veteran of the armed
18forces of the United States, status as a current member or
19veteran of any reserve component of the armed forces of the
20United States, including the United States Army Reserve, United
21States Marine Corps Reserve, United States Navy Reserve, United
22States Air Force Reserve, and United States Coast Guard
23Reserve, or status as a current member or veteran of the
24Illinois Army National Guard or Illinois Air National Guard.
25    (K) National Origin. "National origin" means the place in
26which a person or one of his or her ancestors was born.



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1    (K-5) "Order of protection status" means a person's status
2as being a person protected under an order of protection issued
3pursuant to the Illinois Domestic Violence Act of 1986 or an
4order of protection issued by a court of another state.
5    (L) Person. "Person" includes one or more individuals,
6partnerships, associations or organizations, labor
7organizations, labor unions, joint apprenticeship committees,
8or union labor associations, corporations, the State of
9Illinois and its instrumentalities, political subdivisions,
10units of local government, legal representatives, trustees in
11bankruptcy or receivers.
12    (M) Public Contract. "Public contract" includes every
13contract to which the State, any of its political subdivisions
14or any municipal corporation is a party.
15    (N) Religion. "Religion" includes all aspects of religious
16observance and practice, as well as belief, except that with
17respect to employers, for the purposes of Article 2, "religion"
18has the meaning ascribed to it in paragraph (F) of Section
20    (O) Sex. "Sex" means the status of being male or female.
21    (O-1) Sexual orientation. "Sexual orientation" means
22actual or perceived heterosexuality, homosexuality,
23bisexuality, or gender-related identity, whether or not
24traditionally associated with the person's designated sex at
25birth. "Sexual orientation" does not include a physical or
26sexual attraction to a minor by an adult.



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1    (P) Unfavorable Military Discharge. "Unfavorable military
2discharge" includes discharges from the Armed Forces of the
3United States, their Reserve components or any National Guard
4or Naval Militia which are classified as RE-3 or the equivalent
5thereof, but does not include those characterized as RE-4 or
7    (P-5) Unemployment status. "Unemployment" means the status
8of being unemployed or not working for an employer.
9    (Q) Unlawful Discrimination. "Unlawful discrimination"
10means discrimination against a person because of his or her
11race, color, religion, national origin, ancestry, age, sex,
12marital status, order of protection status, disability,
13military status, sexual orientation, or unfavorable discharge
14from military service as those terms are defined in this
16(Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07;
1795-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff.
19    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
20    Sec. 2-102. Civil Rights Violations - Employment. It is a
21civil rights violation:
22    (A) Employers. For any employer to refuse to hire, to
23segregate, or to act with respect to recruitment, hiring,
24promotion, renewal of employment, selection for training or
25apprenticeship, discharge, discipline, tenure or terms,



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1privileges or conditions of employment on the basis of unlawful
2discrimination, or citizenship status, or unemployment status
3or a gap in employment history.
4    (A-5) Language. For an employer to impose a restriction
5that has the effect of prohibiting a language from being spoken
6by an employee in communications that are unrelated to the
7employee's duties.
8    For the purposes of this subdivision (A-5), "language"
9means a person's native tongue, such as Polish, Spanish, or
10Chinese. "Language" does not include such things as slang,
11jargon, profanity, or vulgarity.
12    (B) Employment Agency. For any employment agency to fail or
13refuse to classify properly, accept applications and register
14for employment referral or apprenticeship referral, refer for
15employment, or refer for apprenticeship on the basis of
16unlawful discrimination or citizenship status or to accept from
17any person any job order, requisition or request for referral
18of applicants for employment or apprenticeship which makes or
19has the effect of making unlawful discrimination or
20discrimination on the basis of citizenship status a condition
21of referral.
22    (C) Labor Organization. For any labor organization to
23limit, segregate or classify its membership, or to limit
24employment opportunities, selection and training for
25apprenticeship in any trade or craft, or otherwise to take, or
26fail to take, any action which affects adversely any person's



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1status as an employee or as an applicant for employment or as
2an apprentice, or as an applicant for apprenticeships, or
3wages, tenure, hours of employment or apprenticeship
4conditions on the basis of unlawful discrimination or
5citizenship status.
6    (D) Sexual Harassment. For any employer, employee, agent of
7any employer, employment agency or labor organization to engage
8in sexual harassment; provided, that an employer shall be
9responsible for sexual harassment of the employer's employees
10by nonemployees or nonmanagerial and nonsupervisory employees
11only if the employer becomes aware of the conduct and fails to
12take reasonable corrective measures.
13    (E) Public Employers. For any public employer to refuse to
14permit a public employee under its jurisdiction who takes time
15off from work in order to practice his or her religious beliefs
16to engage in work, during hours other than such employee's
17regular working hours, consistent with the operational needs of
18the employer and in order to compensate for work time lost for
19such religious reasons. Any employee who elects such deferred
20work shall be compensated at the wage rate which he or she
21would have earned during the originally scheduled work period.
22The employer may require that an employee who plans to take
23time off from work in order to practice his or her religious
24beliefs provide the employer with a notice of his or her
25intention to be absent from work not exceeding 5 days prior to
26the date of absence.



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1    (F) Training and Apprenticeship Programs. For any
2employer, employment agency or labor organization to
3discriminate against a person on the basis of age in the
4selection, referral for or conduct of apprenticeship or
5training programs.
6    (G) Immigration-Related Practices.
7        (1) for an employer to request for purposes of
8    satisfying the requirements of Section 1324a(b) of Title 8
9    of the United States Code, as now or hereafter amended,
10    more or different documents than are required under such
11    Section or to refuse to honor documents tendered that on
12    their face reasonably appear to be genuine; or
13        (2) for an employer participating in the Basic Pilot
14    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
15    Programs for Employment Eligibility Confirmation (enacted
16    by PL 104-208, div. C title IV, subtitle A) to refuse to
17    hire, to segregate, or to act with respect to recruitment,
18    hiring, promotion, renewal of employment, selection for
19    training or apprenticeship, discharge, discipline, tenure
20    or terms, privileges or conditions of employment without
21    following the procedures under the Basic Pilot Program.
22    (H) Pregnancy; peace officers and fire fighters. For a
23public employer to refuse to temporarily transfer a pregnant
24female peace officer or pregnant female fire fighter to a less
25strenuous or hazardous position for the duration of her
26pregnancy if she so requests, with the advice of her physician,



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1where that transfer can be reasonably accommodated. For the
2purposes of this subdivision (H), "peace officer" and "fire
3fighter" have the meanings ascribed to those terms in Section 3
4of the Illinois Public Labor Relations Act.
5    (I) Unemployment-Related Practices. Unless otherwise
6authorized by law, for any employer, employment agency, or
7labor organization to inquire into or to use a prospective
8employee's unemployment status or gap in employment history as
9a basis to refuse to hire or to act with respect to
10recruitment, hiring, promotion, renewal of employment,
11selection for training or apprenticeship, discharge,
12discipline, tenure, or terms, privileges, or conditions of
14    It is not a civil rights violation for an employer to take
15any action that is required by Section 1324a of Title 8 of the
16United States Code, as now or hereafter amended.
17(Source: P.A. 95-25, eff. 1-1-08; 95-137, eff. 1-1-08; 95-876,
18eff. 8-21-08.)
19    Section 999. Effective date. This Act takes effect upon
20becoming law.