Illinois General Assembly - Full Text of SB0405
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Full Text of SB0405  100th General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Procurement Code is amended by
5adding Section 50-80 as follows:
6    (30 ILCS 500/50-80 new)
7    Sec. 50-80. Sexual harassment policy. Each bidder who
8submits a bid or offer for a State contract under this Code
9shall have a sexual harassment policy in accordance with
10paragraph (4) of subsection (A) of Section 2-105 of the
11Illinois Human Rights Act. A copy of the policy shall be
12provided to the State agency entering into the contract upon
14    Section 10. The Economic Development for a Growing Economy
15Tax Credit Act is amended by changing Section 5-20 and by
16adding Section 5-58 as follows:
17    (35 ILCS 10/5-20)
18    Sec. 5-20. Application for a project to create and retain
19new jobs.
20    (a) Any Taxpayer proposing a project located or planned to
21be located in Illinois may request consideration for



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1designation of its project, by formal written letter of request
2or by formal application to the Department, in which the
3Applicant states its intent to make at least a specified level
4of investment and intends to hire or retain a specified number
5of full-time employees at a designated location in Illinois. As
6circumstances require, the Department may require a formal
7application from an Applicant and a formal letter of request
8for assistance.
9    (b) In order to qualify for Credits under this Act, an
10Applicant's project must:
11        (1) if the Applicant has more than 100 employees,
12    involve an investment of at least $2,500,000 in capital
13    improvements to be placed in service within the State as a
14    direct result of the project; if the Applicant has 100 or
15    fewer employees, then there is no capital investment
16    requirement; and
17        (1.5) if the Applicant has more than 100 employees,
18    employ a number of new employees in the State equal to the
19    lesser of (A) 10% of the number of full-time employees
20    employed by the applicant world-wide on the date the
21    application is filed with the Department or (B) 50 New
22    Employees; and, if the Applicant has 100 or fewer
23    employees, employ a number of new employees in the State
24    equal to the lesser of (A) 5% of the number of full-time
25    employees employed by the applicant world-wide on the date
26    the application is filed with the Department or (B) 50 New



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1    Employees; and
2        (2) (blank);
3        (3) (blank); .
4        (4) include an annual sexual harassment policy report
5    as provided under Section 5-58.
6    (c) After receipt of an application, the Department may
7enter into an Agreement with the Applicant if the application
8is accepted in accordance with Section 5-25.
9(Source: P.A. 100-511, eff. 9-18-17.)
10    (35 ILCS 10/5-58 new)
11    Sec. 5-58. Sexual harassment policy report. Each taxpayer
12claiming a credit under this Act shall, no later than April 15
13of each taxable year for which the taxpayer claims a credit
14under this Act, submit to the Department of Commerce and
15Economic Opportunity a report detailing that taxpayer's sexual
16harassment policy, which contains, at a minimum, the following
17information: (i) the illegality of sexual harassment; (ii) the
18definition of sexual harassment under State law; (iii) a
19description of sexual harassment, utilizing examples; (iv) the
20vendor's internal complaint process, including penalties; (v)
21the legal recourse, and investigative and complaint processes
22available through the Department; (vi) directions on how to
23contact the Department; and (vii) protection against
24retaliation as provided by Section 6-101 of the Illinois Human
25Rights Act. A copy of the policy shall be provided to the



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1Department upon request. The reports required under this
2Section shall be submitted in a form and manner determined by
3the Department of Commerce and Economic Opportunity.
4    Section 15. The Illinois Human Rights Act is amended by
5changing Section 2-105 as follows:
6    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
7    Sec. 2-105. Equal Employment Opportunities; Affirmative
9    (A) Public Contracts. Every party to a public contract and
10every eligible bidder shall:
11        (1) Refrain from unlawful discrimination and
12    discrimination based on citizenship status in employment
13    and undertake affirmative action to assure equality of
14    employment opportunity and eliminate the effects of past
15    discrimination;
16        (2) Comply with the procedures and requirements of the
17    Department's regulations concerning equal employment
18    opportunities and affirmative action;
19        (3) Provide such information, with respect to its
20    employees and applicants for employment, and assistance as
21    the Department may reasonably request;
22        (4) Have written sexual harassment policies that shall
23    include, at a minimum, the following information: (i) the
24    illegality of sexual harassment; (ii) the definition of



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1    sexual harassment under State law; (iii) a description of
2    sexual harassment, utilizing examples; (iv) the vendor's
3    internal complaint process including penalties; (v) the
4    legal recourse, investigative and complaint process
5    available through the Department and the Commission; (vi)
6    directions on how to contact the Department and Commission;
7    and (vii) protection against retaliation as provided by
8    Section 6-101 of this Act. A copy of the policies shall be
9    provided to the Department upon request. Additionally,
10    each bidder who submits a bid or offer for a State contract
11    under the Illinois Procurement Code shall have a written
12    copy of the bidder's sexual harassment policy as required
13    under this paragraph (4). A copy of the policy shall be
14    provided to the State agency entering into the contract
15    upon request.
16    (B) State Agencies. Every State executive department,
17State agency, board, commission, and instrumentality shall:
18        (1) Comply with the procedures and requirements of the
19    Department's regulations concerning equal employment
20    opportunities and affirmative action;
21        (2) Provide such information and assistance as the
22    Department may request.
23        (3) Establish, maintain, and carry out a continuing
24    affirmative action plan consistent with this Act and the
25    regulations of the Department designed to promote equal
26    opportunity for all State residents in every aspect of



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1    agency personnel policy and practice. For purposes of these
2    affirmative action plans, the race and national origin
3    categories to be included in the plans are: American Indian
4    or Alaska Native, Asian, Black or African American,
5    Hispanic or Latino, Native Hawaiian or Other Pacific
6    Islander.
7        This plan shall include a current detailed status
8    report:
9            (a) indicating, by each position in State service,
10        the number, percentage, and average salary of
11        individuals employed by race, national origin, sex and
12        disability, and any other category that the Department
13        may require by rule;
14            (b) identifying all positions in which the
15        percentage of the people employed by race, national
16        origin, sex and disability, and any other category that
17        the Department may require by rule, is less than
18        four-fifths of the percentage of each of those
19        components in the State work force;
20            (c) specifying the goals and methods for
21        increasing the percentage by race, national origin,
22        sex and disability, and any other category that the
23        Department may require by rule, in State positions;
24            (d) indicating progress and problems toward
25        meeting equal employment opportunity goals, including,
26        if applicable, but not limited to, Department of



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1        Central Management Services recruitment efforts,
2        publicity, promotions, and use of options designating
3        positions by linguistic abilities;
4            (e) establishing a numerical hiring goal for the
5        employment of qualified persons with disabilities in
6        the agency as a whole, to be based on the proportion of
7        people with work disabilities in the Illinois labor
8        force as reflected in the most recent employment data
9        made available by the United States Census Bureau.
10        (4) If the agency has 1000 or more employees, appoint a
11    full-time Equal Employment Opportunity officer, subject to
12    the Department's approval, whose duties shall include:
13            (a) Advising the head of the particular State
14        agency with respect to the preparation of equal
15        employment opportunity programs, procedures,
16        regulations, reports, and the agency's affirmative
17        action plan.
18            (b) Evaluating in writing each fiscal year the
19        sufficiency of the total agency program for equal
20        employment opportunity and reporting thereon to the
21        head of the agency with recommendations as to any
22        improvement or correction in recruiting, hiring or
23        promotion needed, including remedial or disciplinary
24        action with respect to managerial or supervisory
25        employees who have failed to cooperate fully or who are
26        in violation of the program.



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1            (c) Making changes in recruitment, training and
2        promotion programs and in hiring and promotion
3        procedures designed to eliminate discriminatory
4        practices when authorized.
5            (d) Evaluating tests, employment policies,
6        practices and qualifications and reporting to the head
7        of the agency and to the Department any policies,
8        practices and qualifications that have unequal impact
9        by race, national origin as required by Department
10        rule, sex or disability or any other category that the
11        Department may require by rule, and to assist in the
12        recruitment of people in underrepresented
13        classifications. This function shall be performed in
14        cooperation with the State Department of Central
15        Management Services.
16            (e) Making any aggrieved employee or applicant for
17        employment aware of his or her remedies under this Act.
18            In any meeting, investigation, negotiation,
19        conference, or other proceeding between a State
20        employee and an Equal Employment Opportunity officer,
21        a State employee (1) who is not covered by a collective
22        bargaining agreement and (2) who is the complaining
23        party or the subject of such proceeding may be
24        accompanied, advised and represented by (1) an
25        attorney licensed to practice law in the State of
26        Illinois or (2) a representative of an employee



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1        organization whose membership is composed of employees
2        of the State and of which the employee is a member. A
3        representative of an employee, other than an attorney,
4        may observe but may not actively participate, or advise
5        the State employee during the course of such meeting,
6        investigation, negotiation, conference or other
7        proceeding. Nothing in this Section shall be construed
8        to permit any person who is not licensed to practice
9        law in Illinois to deliver any legal services or
10        otherwise engage in any activities that would
11        constitute the unauthorized practice of law. Any
12        representative of an employee who is present with the
13        consent of the employee, shall not, during or after
14        termination of the relationship permitted by this
15        Section with the State employee, use or reveal any
16        information obtained during the course of the meeting,
17        investigation, negotiation, conference or other
18        proceeding without the consent of the complaining
19        party and any State employee who is the subject of the
20        proceeding and pursuant to rules and regulations
21        governing confidentiality of such information as
22        promulgated by the appropriate State agency.
23        Intentional or reckless disclosure of information in
24        violation of these confidentiality requirements shall
25        constitute a Class B misdemeanor.
26        (5) Establish, maintain and carry out a continuing



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1    sexual harassment program that shall include the
2    following:
3            (a) Develop a written sexual harassment policy
4        that includes at a minimum the following information:
5        (i) the illegality of sexual harassment; (ii) the
6        definition of sexual harassment under State law; (iii)
7        a description of sexual harassment, utilizing
8        examples; (iv) the agency's internal complaint process
9        including penalties; (v) the legal recourse,
10        investigative and complaint process available through
11        the Department and the Commission; (vi) directions on
12        how to contact the Department and Commission; and (vii)
13        protection against retaliation as provided by Section
14        6-101 of this Act. The policy shall be reviewed
15        annually.
16            (b) Post in a prominent and accessible location and
17        distribute in a manner to assure notice to all agency
18        employees without exception the agency's sexual
19        harassment policy. Such documents may meet, but shall
20        not exceed, the 6th grade literacy level. Distribution
21        shall be effectuated within 90 days of the effective
22        date of this amendatory Act of 1992 and shall occur
23        annually thereafter.
24            (c) Provide training on sexual harassment
25        prevention and the agency's sexual harassment policy
26        as a component of all ongoing or new employee training



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1        programs.
2        (6) Notify the Department 30 days before effecting any
3    layoff. Once notice is given, the following shall occur:
4            (a) No layoff may be effective earlier than 10
5        working days after notice to the Department, unless an
6        emergency layoff situation exists.
7            (b) The State executive department, State agency,
8        board, commission, or instrumentality in which the
9        layoffs are to occur must notify each employee targeted
10        for layoff, the employee's union representative (if
11        applicable), and the State Dislocated Worker Unit at
12        the Department of Commerce and Economic Opportunity.
13            (c) The State executive department, State agency,
14        board, commission, or instrumentality in which the
15        layoffs are to occur must conform to applicable
16        collective bargaining agreements.
17            (d) The State executive department, State agency,
18        board, commission, or instrumentality in which the
19        layoffs are to occur should notify each employee
20        targeted for layoff that transitional assistance may
21        be available to him or her under the Economic
22        Dislocation and Worker Adjustment Assistance Act
23        administered by the Department of Commerce and
24        Economic Opportunity. Failure to give such notice
25        shall not invalidate the layoff or postpone its
26        effective date.



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1     As used in this subsection (B), "disability" shall be
2defined in rules promulgated under the Illinois Administrative
3Procedure Act.
4    (C) Civil Rights Violations. It is a civil rights violation
5for any public contractor or eligible bidder to:
6        (1) fail to comply with the public contractor's or
7    eligible bidder's duty to refrain from unlawful
8    discrimination and discrimination based on citizenship
9    status in employment under subsection (A)(1) of this
10    Section; or
11        (2) fail to comply with the public contractor's or
12    eligible bidder's duties of affirmative action under
13    subsection (A) of this Section, provided however, that the
14    Department has notified the public contractor or eligible
15    bidder in writing by certified mail that the public
16    contractor or eligible bidder may not be in compliance with
17    affirmative action requirements of subsection (A). A
18    minimum of 60 days to comply with the requirements shall be
19    afforded to the public contractor or eligible bidder before
20    the Department may issue formal notice of non-compliance.
21    (D) As used in this Section:
22        (1) "American Indian or Alaska Native" means a person
23    having origins in any of the original peoples of North and
24    South America, including Central America, and who
25    maintains tribal affiliation or community attachment.
26        (2) "Asian" means a person having origins in any of the



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1    original peoples of the Far East, Southeast Asia, or the
2    Indian subcontinent, including, but not limited to,
3    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
4    the Philippine Islands, Thailand, and Vietnam.
5        (3) "Black or African American" means a person having
6    origins in any of the black racial groups of Africa. Terms
7    such as "Haitian" or "Negro" can be used in addition to
8    "Black or African American".
9        (4) "Hispanic or Latino" means a person of Cuban,
10    Mexican, Puerto Rican, South or Central American, or other
11    Spanish culture or origin, regardless of race.
12        (5) "Native Hawaiian or Other Pacific Islander" means a
13    person having origins in any of the original peoples of
14    Hawaii, Guam, Samoa, or other Pacific Islands.
15(Source: P.A. 99-933, eff. 1-27-17.)