Illinois General Assembly - Full Text of HB3851
Illinois General Assembly

Previous General Assemblies

Full Text of HB3851  99th General Assembly

HB3851 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3851

 

Introduced , by Rep. Stephanie A. Kifowit

 

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

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to refuse to make certain reasonable accommodations in the workplace for an employee protected under an order of protection. Provides that an employer is not required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer. For purposes of the new provisions, defines "undue hardship" as significant difficulty or expense on the operation of an employer, when considered in light of: (1) the nature and cost of the reasonable accommodation needed; (2) the overall financial resources, number of employees, and the number, type, and placement of the work locations of an employer; and (3) the type of operation of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness of the employee's work location from the employer, and the administrative or fiscal relationship of the work location to the employer. Provides that prior to making the reasonable accommodations, an employer may verify that an employee is protected by an order of protection entered under the Code of Criminal Procedure of 1963 or the Illinois Domestic Violence Act of 1986.


LRB099 07314 HEP 27422 b

 

 

A BILL FOR

 

HB3851LRB099 07314 HEP 27422 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-102 as follows:
 
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil Rights Violations - Employment. It is a
8civil rights violation:
9    (A) Employers. For any employer to refuse to hire, to
10segregate, or to act with respect to recruitment, hiring,
11promotion, renewal of employment, selection for training or
12apprenticeship, discharge, discipline, tenure or terms,
13privileges or conditions of employment on the basis of unlawful
14discrimination or citizenship status.
15    (A-5) Language. For an employer to impose a restriction
16that has the effect of prohibiting a language from being spoken
17by an employee in communications that are unrelated to the
18employee's duties.
19    For the purposes of this subdivision (A-5), "language"
20means a person's native tongue, such as Polish, Spanish, or
21Chinese. "Language" does not include such things as slang,
22jargon, profanity, or vulgarity.
23    (B) Employment Agency. For any employment agency to fail or

 

 

HB3851- 2 -LRB099 07314 HEP 27422 b

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

 

 

HB3851- 3 -LRB099 07314 HEP 27422 b

1    (E) Public Employers. For any public employer to refuse to
2permit a public employee under its jurisdiction who takes time
3off from work in order to practice his or her religious beliefs
4to engage in work, during hours other than such employee's
5regular working hours, consistent with the operational needs of
6the employer and in order to compensate for work time lost for
7such religious reasons. Any employee who elects such deferred
8work shall be compensated at the wage rate which he or she
9would have earned during the originally scheduled work period.
10The employer may require that an employee who plans to take
11time off from work in order to practice his or her religious
12beliefs provide the employer with a notice of his or her
13intention to be absent from work not exceeding 5 days prior to
14the date of absence.
15    (F) Training and Apprenticeship Programs. For any
16employer, employment agency or labor organization to
17discriminate against a person on the basis of age in the
18selection, referral for or conduct of apprenticeship or
19training programs.
20    (G) Immigration-Related Practices.
21        (1) for an employer to request for purposes of
22    satisfying the requirements of Section 1324a(b) of Title 8
23    of the United States Code, as now or hereafter amended,
24    more or different documents than are required under such
25    Section or to refuse to honor documents tendered that on
26    their face reasonably appear to be genuine; or

 

 

HB3851- 4 -LRB099 07314 HEP 27422 b

1        (2) for an employer participating in the E-Verify
2    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
3    Programs for Employment Eligibility Confirmation (enacted
4    by PL 104-208, div. C title IV, subtitle A) to refuse to
5    hire, to segregate, or to act with respect to recruitment,
6    hiring, promotion, renewal of employment, selection for
7    training or apprenticeship, discharge, discipline, tenure
8    or terms, privileges or conditions of employment without
9    following the procedures under the E-Verify Program.
10    (H) (Blank).
11    (I) Pregnancy. For an employer to refuse to hire, to
12segregate, or to act with respect to recruitment, hiring,
13promotion, renewal of employment, selection for training or
14apprenticeship, discharge, discipline, tenure or terms,
15privileges or conditions of employment on the basis of
16pregnancy, childbirth, or medical or common conditions related
17to pregnancy or childbirth. Women affected by pregnancy,
18childbirth, or medical or common conditions related to
19pregnancy or childbirth shall be treated the same for all
20employment-related purposes, including receipt of benefits
21under fringe benefit programs, as other persons not so affected
22but similar in their ability or inability to work, regardless
23of the source of the inability to work or employment
24classification or status.
25    (J) Pregnancy; reasonable accommodations.
26        (1) If after a job applicant or employee, including a

 

 

HB3851- 5 -LRB099 07314 HEP 27422 b

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

 

 

HB3851- 6 -LRB099 07314 HEP 27422 b

1    laws. The employee and employer shall engage in a timely,
2    good faith, and meaningful exchange to determine effective
3    reasonable accommodations.
4        (2) For an employer to deny employment opportunities or
5    benefits to or take adverse action against an otherwise
6    qualified job applicant or employee, including a
7    part-time, full-time, or probationary employee, if the
8    denial or adverse action is based on the need of the
9    employer to make reasonable accommodations to the known
10    medical or common conditions related to the pregnancy or
11    childbirth of the applicant or employee.
12        (3) For an employer to require a job applicant or
13    employee, including a part-time, full-time, or
14    probationary employee, affected by pregnancy, childbirth,
15    or medical or common conditions related to pregnancy or
16    childbirth to accept an accommodation when the applicant or
17    employee did not request an accommodation and the applicant
18    or employee chooses not to accept the employer's
19    accommodation.
20        (4) For an employer to require an employee, including a
21    part-time, full-time, or probationary employee, to take
22    leave under any leave law or policy of the employer if
23    another reasonable accommodation can be provided to the
24    known medical or common conditions related to the pregnancy
25    or childbirth of an employee. No employer shall fail or
26    refuse to reinstate the employee affected by pregnancy,

 

 

HB3851- 7 -LRB099 07314 HEP 27422 b

1    childbirth, or medical or common conditions related to
2    pregnancy or childbirth to her original job or to an
3    equivalent position with equivalent pay and accumulated
4    seniority, retirement, fringe benefits, and other
5    applicable service credits upon her signifying her intent
6    to return or when her need for reasonable accommodation
7    ceases, unless the employer can demonstrate that the
8    accommodation would impose an undue hardship on the
9    ordinary operation of the business of the employer.
10    For the purposes of this subdivision (J), "reasonable
11accommodations" means reasonable modifications or adjustments
12to the job application process or work environment, or to the
13manner or circumstances under which the position desired or
14held is customarily performed, that enable an applicant or
15employee affected by pregnancy, childbirth, or medical or
16common conditions related to pregnancy or childbirth to be
17considered for the position the applicant desires or to perform
18the essential functions of that position, and may include, but
19is not limited to: more frequent or longer bathroom breaks,
20breaks for increased water intake, and breaks for periodic
21rest; private non-bathroom space for expressing breast milk and
22breastfeeding; seating; assistance with manual labor; light
23duty; temporary transfer to a less strenuous or hazardous
24position; the provision of an accessible worksite; acquisition
25or modification of equipment; job restructuring; a part-time or
26modified work schedule; appropriate adjustment or

 

 

HB3851- 8 -LRB099 07314 HEP 27422 b

1modifications of examinations, training materials, or
2policies; reassignment to a vacant position; time off to
3recover from conditions related to childbirth; and leave
4necessitated by pregnancy, childbirth, or medical or common
5conditions resulting from pregnancy or childbirth.
6    For the purposes of this subdivision (J), "undue hardship"
7means an action that is prohibitively expensive or disruptive
8when considered in light of the following factors: (i) the
9nature and cost of the accommodation needed; (ii) the overall
10financial resources of the facility or facilities involved in
11the provision of the reasonable accommodation, the number of
12persons employed at the facility, the effect on expenses and
13resources, or the impact otherwise of the accommodation upon
14the operation of the facility; (iii) the overall financial
15resources of the employer, the overall size of the business of
16the employer with respect to the number of its employees, and
17the number, type, and location of its facilities; and (iv) the
18type of operation or operations of the employer, including the
19composition, structure, and functions of the workforce of the
20employer, the geographic separateness, administrative, or
21fiscal relationship of the facility or facilities in question
22to the employer. The employer has the burden of proving undue
23hardship. The fact that the employer provides or would be
24required to provide a similar accommodation to similarly
25situated employees creates a rebuttable presumption that the
26accommodation does not impose an undue hardship on the

 

 

HB3851- 9 -LRB099 07314 HEP 27422 b

1employer.
2    No employer is required by this subdivision (J) to create
3additional employment that the employer would not otherwise
4have created, unless the employer does so or would do so for
5other classes of employees who need accommodation. The employer
6is not required to discharge any employee, transfer any
7employee with more seniority, or promote any employee who is
8not qualified to perform the job, unless the employer does so
9or would do so to accommodate other classes of employees who
10need it.
11    (K) Notice.
12        (1) For an employer to fail to post or keep posted in a
13    conspicuous location on the premises of the employer where
14    notices to employees are customarily posted, or fail to
15    include in any employee handbook information concerning an
16    employee's rights under this Article, a notice, to be
17    prepared or approved by the Department, summarizing the
18    requirements of this Article and information pertaining to
19    the filing of a charge, including the right to be free from
20    unlawful discrimination and the right to certain
21    reasonable accommodations. The Department shall make the
22    documents required under this paragraph available for
23    retrieval from the Department's website.
24        (2) Upon notification of a violation of paragraph (1)
25    of this subdivision (K), the Department may launch a
26    preliminary investigation. If the Department finds a

 

 

HB3851- 10 -LRB099 07314 HEP 27422 b

1    violation, the Department may issue a notice to show cause
2    giving the employer 30 days to correct the violation. If
3    the violation is not corrected, the Department may initiate
4    a charge of a civil rights violation.
5    (L) Order of protection status. For an employer to refuse
6to make reasonable accommodations in the workplace for an
7employee protected under an order of protection, including:
8        (1) changing the contact information, such as
9    telephone number, fax number, or electronic-mail address
10    of the employee;
11        (2) screening the telephone calls of the employee;
12        (3) restructuring the job functions of the employee;
13        (4) changing the work location of the employee;
14        (5) installing locks and other security devices; and
15        (6) allowing the employee to work flexible hours.
16    An employer is not required to make the reasonable
17accommodations if they cause undue hardship on the work
18operations of the employer. As used in this subsection (L),
19"undue hardship" means significant difficulty or expense on the
20operation of an employer, when considered in light of the
21following factors:
22        (1) the nature and cost of the reasonable accommodation
23    needed;
24        (2) the overall financial resources, number of
25    employees, and the number, type, and placement of the work
26    locations of an employer; and

 

 

HB3851- 11 -LRB099 07314 HEP 27422 b

1        (3) the type of operation of the employer, including
2    the composition, structure, and functions of the workforce
3    of the employer, the geographic separateness of the
4    employee's work location from the employer, and the
5    administrative or fiscal relationship of the work location
6    to the employer.
7    Prior to making the reasonable accommodations under this
8subsection (L), an employer may verify that an employee is
9protected by an order of protection entered under Article 112A
10of the Code of Criminal Procedure of 1963 or the Illinois
11Domestic Violence Act of 1986.
12(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13;
1398-1050, eff. 1-1-15.)