Full Text of HB0008 98th General Assembly
HB0008 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0008 Introduced 1/9/2013, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/2-102 | from Ch. 68, par. 2-102 |
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Amends the Illinois Human Rights Act. Provides that with respect to employment, it is a civil rights violation for an employer to refuse to provide reasonable accommodations for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider. Provides that the term "reasonable accommodations" means actions which would permit such an employee to perform in a reasonable manner the activities involved in the job or occupation including an accessible worksite, acquisition or modification of equipment, job restructuring, and modified work schedule. Provides that the reasonable accommodations shall be undertaken provided that those actions do not impose an undue hardship on the business, program, or enterprise of the entity from which the actions are requested.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing 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 | 8 | | civil
rights violation:
| 9 | | (A) Employers. For any employer to refuse to hire, to | 10 | | segregate, or
to act with respect to recruitment, hiring, | 11 | | promotion, renewal of employment,
selection for training or | 12 | | apprenticeship, discharge, discipline, tenure or
terms, | 13 | | privileges or conditions of employment on the basis of unlawful
| 14 | | discrimination or citizenship status.
| 15 | | (A-5) Language. For an employer to impose a restriction | 16 | | that has the
effect of prohibiting a language from being spoken | 17 | | by an employee in
communications that are unrelated to the | 18 | | employee's duties.
| 19 | | For the purposes of this subdivision (A-5), "language" | 20 | | means a person's
native tongue, such as Polish, Spanish, or
| 21 | | Chinese.
"Language" does not include such things as slang, | 22 | | jargon, profanity, or
vulgarity.
| 23 | | (B) Employment Agency. For any employment agency to fail or |
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| 1 | | refuse
to classify properly, accept applications and register | 2 | | for employment
referral or apprenticeship referral, refer for | 3 | | employment, or refer for
apprenticeship on the basis of | 4 | | unlawful discrimination or citizenship
status or to accept from | 5 | | any person any job order, requisition or request
for referral | 6 | | of applicants for employment or apprenticeship which makes or
| 7 | | has the effect of making unlawful discrimination or | 8 | | discrimination on the
basis of citizenship status a condition | 9 | | of referral.
| 10 | | (C) Labor Organization. For any labor organization to | 11 | | limit,
segregate or classify its membership, or to limit | 12 | | employment
opportunities, selection and training for | 13 | | apprenticeship in any trade or
craft, or otherwise to take, or | 14 | | fail to take, any action which affects
adversely any person's | 15 | | status as an employee or as an applicant for
employment or as | 16 | | an apprentice, or as an applicant for apprenticeships,
or | 17 | | wages, tenure, hours of employment or apprenticeship | 18 | | conditions on the
basis of unlawful discrimination or | 19 | | citizenship status.
| 20 | | (D) Sexual Harassment. For any employer, employee, agent of | 21 | | any employer,
employment agency or labor organization to engage | 22 | | in sexual harassment;
provided, that an employer shall be | 23 | | responsible for sexual harassment
of the employer's employees | 24 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 25 | | only if the employer becomes aware of the conduct and fails to
| 26 | | take reasonable corrective measures.
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| 1 | | (E) Public Employers. For any public employer to refuse to | 2 | | permit a
public employee under its jurisdiction who takes time | 3 | | off from work in
order to practice his or her religious beliefs | 4 | | to engage in work, during hours
other than such employee's | 5 | | regular working hours, consistent with the
operational needs of | 6 | | the employer and in order to compensate for work time
lost for | 7 | | such religious reasons. Any employee who elects such deferred
| 8 | | work shall be compensated at the wage rate which he or she | 9 | | would have
earned during the originally scheduled work period. | 10 | | The employer may
require that an employee who plans to take | 11 | | time off from work in order to
practice his or her religious | 12 | | beliefs provide the employer with a notice of
his or her | 13 | | intention to be absent from work not exceeding 5 days prior to
| 14 | | the date of absence.
| 15 | | (F) Training and Apprenticeship Programs. For any | 16 | | employer,
employment agency or labor organization to | 17 | | discriminate against a person on
the basis of age in the | 18 | | selection, referral for or conduct of apprenticeship
or | 19 | | training 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
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| 1 | | (2) for an employer participating in the Basic Pilot | 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 Basic Pilot Program. | 10 | | (H) Pregnancy;
peace officers and fire fighters. For a | 11 | | public employer to refuse to temporarily transfer a pregnant
| 12 | | female peace officer or pregnant
female fire fighter to a less | 13 | | strenuous or hazardous position for the
duration of her | 14 | | pregnancy if she so requests, with the advice of her
physician, | 15 | | where that transfer can be reasonably accommodated. For the | 16 | | purposes of this subdivision (H), "peace officer" and "fire | 17 | | fighter" have the meanings ascribed to those terms in Section 3 | 18 | | of the Illinois Public Labor Relations Act.
| 19 | | It is not a civil rights violation for an employer to take | 20 | | any action
that is required by Section 1324a of Title 8 of the | 21 | | United States Code, as
now or hereafter amended.
| 22 | | (I) Pregnancy. For an employer to refuse to hire, to | 23 | | segregate, or to act with respect to recruitment, hiring, | 24 | | promotion, renewal of employment, selection for training or | 25 | | apprenticeship, discharge, discipline, tenure or terms, | 26 | | privileges or conditions of employment on the basis of |
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| 1 | | pregnancy, childbirth, or related medical conditions. Women | 2 | | affected by pregnancy, childbirth, or related medical | 3 | | conditions shall be treated the same for all employment-related | 4 | | purposes, including receipt of benefits under fringe benefit | 5 | | programs, as other persons not so affected but similar in their | 6 | | ability or inability to work. | 7 | | (J) Pregnancy; reasonable accommodations. For an employer | 8 | | to refuse to provide reasonable accommodations for an employee | 9 | | for conditions related to pregnancy, childbirth, or related | 10 | | medical conditions, if she so requests, with the advice of her | 11 | | health care provider. The term "reasonable accommodations" | 12 | | means actions which would permit an employee with a condition | 13 | | relating to pregnancy, childbirth, or a related medical | 14 | | condition, to perform in a reasonable manner the activities | 15 | | involved in the job or occupation held and include, but are not | 16 | | limited to, the provision of an accessible worksite, | 17 | | acquisition or modification of equipment, job restructuring, | 18 | | and a modified work schedule; provided, however, that such | 19 | | actions do not impose an undue hardship on the business, | 20 | | program, or enterprise of the entity from which the actions are | 21 | | requested. | 22 | | (Source: P.A. 97-596, eff. 8-26-11.)
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