Full Text of HB0008 98th General Assembly
HB0008eng 98TH GENERAL ASSEMBLY |
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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. Findings. The General Assembly finds and | 5 | | declares the following:
| 6 | | (1) Current workplace laws are inadequate to protect | 7 | | pregnant workers from enjoying equal employment | 8 | | opportunities.
| 9 | | (2) Because of inadequate protections, pregnant women | 10 | | who are temporarily limited in their abilities to perform | 11 | | their work functions because of pregnancy, childbirth, or | 12 | | conditions related to pregnancy or childbirth are often | 13 | | forced to take unpaid leave or are fired, despite the | 14 | | availability of reasonable accommodations that would allow | 15 | | them to continue to work. The most frequent accommodations | 16 | | involve limits on lifting, access to places to sit, and | 17 | | more frequent bathroom breaks.
| 18 | | (3) Many pregnant women are single mothers or the | 19 | | primary breadwinners for their families. If one of these | 20 | | women loses her job, her whole family, and Illinois, | 21 | | suffers.
| 22 | | (4) Employers are familiar with the reasonable | 23 | | accommodations framework. Indeed, employers are required | 24 | | to reasonably accommodate people with disabilities and |
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| 1 | | employees injured on the job. Sadly, many employers refuse | 2 | | to provide reasonable accommodations or decline to extend | 3 | | workplace injury policies to pregnant women.
| 4 | | (5) Women are nearly 50% of all workers in Illinois and | 5 | | women of childbearing age are 54% of women workers. Failing | 6 | | to provide reasonable accommodations to pregnant women | 7 | | leads to lost wages, periods of unemployment, and lost | 8 | | employment opportunities and job benefits such as | 9 | | seniority, all of which have lifelong repercussions on | 10 | | women's economic security and advancement and the | 11 | | well-being of their families.
| 12 | | (6) Most women work during pregnancy. By continuing to | 13 | | work, women can maintain and advance their economic | 14 | | security. Moreover, women who work during pregnancy may be | 15 | | able to take a longer period of leave following childbirth, | 16 | | which in turn facilitates breastfeeding, bonding with and | 17 | | caring for a new child, and recovering from childbirth.
| 18 | | (7) Enabling pregnant workers to work through | 19 | | pregnancy is good for businesses. Providing pregnant | 20 | | employees with reasonable, temporary accommodations | 21 | | increases worker productivity, retention, and morale, | 22 | | decreases re-training costs, and reduces health care costs | 23 | | associated with pregnancy complications. | 24 | | Section 10. Purposes. The purposes of this Act are:
| 25 | | (1) to promote the State's interest in eradicating |
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| 1 | | gender discrimination, including discrimination based on | 2 | | pregnancy, childbirth, or conditions related to pregnancy | 3 | | or childbirth, and in promoting women's equality;
| 4 | | (2) to address the failure of existing laws to protect | 5 | | the employment rights of pregnant workers; and
| 6 | | (3) to ensure full and equal participation for women in | 7 | | the labor force by requiring employers to provide | 8 | | reasonable accommodations to employees with conditions | 9 | | related to pregnancy or childbirth. | 10 | | Section 15. The Illinois Human Rights Act is amended by | 11 | | changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as | 12 | | follows: | 13 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
| 14 | | Sec. 1-102. Declaration of Policy. It is the public policy | 15 | | of this State:
| 16 | | (A) Freedom from Unlawful Discrimination. To secure for all | 17 | | individuals
within Illinois the freedom from discrimination | 18 | | against any individual because
of his or her race, color, | 19 | | religion, sex, national origin, ancestry, age, order of | 20 | | protection status,
marital status, physical or mental | 21 | | disability, military
status, sexual orientation, pregnancy, or | 22 | | unfavorable
discharge from military service in connection with | 23 | | employment, real estate
transactions, access to financial | 24 | | credit, and the availability of public
accommodations.
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| 1 | | (B) Freedom from Sexual Harassment-Employment and | 2 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 3 | | harassment in employment and sexual harassment in
elementary, | 4 | | secondary, and higher education.
| 5 | | (C) Freedom from Discrimination Based on Citizenship | 6 | | Status-Employment.
To prevent discrimination based on | 7 | | citizenship status in employment.
| 8 | | (D) Freedom from Discrimination Based on Familial | 9 | | Status-Real Estate
Transactions. To prevent discrimination | 10 | | based on familial status in real
estate transactions.
| 11 | | (E) Public Health, Welfare and Safety. To promote the | 12 | | public health,
welfare and safety by protecting the interest of | 13 | | all people in Illinois
in maintaining personal dignity, in | 14 | | realizing their full productive
capacities, and in furthering | 15 | | their interests, rights and privileges as
citizens of this | 16 | | State.
| 17 | | (F) Implementation of Constitutional Guarantees. To secure | 18 | | and
guarantee the rights established by Sections 17, 18 and 19 | 19 | | of Article I
of the Illinois Constitution of 1970.
| 20 | | (G) Equal Opportunity, Affirmative Action. To establish | 21 | | Equal
Opportunity and Affirmative Action as the policies of | 22 | | this State in all
of its decisions, programs and activities, | 23 | | and to assure that all State
departments, boards, commissions | 24 | | and instrumentalities rigorously take
affirmative action to | 25 | | provide equality of opportunity and eliminate the
effects of | 26 | | past discrimination in the internal affairs of State
government |
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| 1 | | and in their relations with the public.
| 2 | | (H) Unfounded Charges. To protect citizens of this State | 3 | | against
unfounded charges of unlawful discrimination, sexual | 4 | | harassment in
employment and sexual harassment in elementary, | 5 | | secondary, and higher education, and discrimination
based on | 6 | | citizenship status in employment.
| 7 | | (Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10; | 8 | | 96-1319, eff. 7-27-10.)
| 9 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 10 | | Sec. 1-103. General Definitions. When used in this Act, | 11 | | unless the
context requires otherwise, the term:
| 12 | | (A) Age. "Age" means the chronological age of a person who | 13 | | is at least
40 years old, except with regard to any practice | 14 | | described in Section
2-102, insofar as that practice concerns | 15 | | training or apprenticeship
programs. In the case of training or | 16 | | apprenticeship programs, for the
purposes of Section 2-102, | 17 | | "age" means the chronological age of a person
who is 18 but not | 18 | | yet 40 years old.
| 19 | | (B) Aggrieved Party. "Aggrieved party" means a person who | 20 | | is alleged
or proved to have been injured by a civil rights | 21 | | violation or believes he
or she will be injured by a civil | 22 | | rights violation under Article 3 that is
about to occur.
| 23 | | (C) Charge. "Charge" means an allegation filed with the | 24 | | Department
by an aggrieved party or initiated by the Department | 25 | | under its
authority.
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| 1 | | (D) Civil Rights Violation. "Civil rights violation" | 2 | | includes and
shall be limited to only those specific acts set | 3 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 4 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 5 | | 6-101, and 6-102 of this Act.
| 6 | | (E) Commission. "Commission" means the Human Rights | 7 | | Commission
created by this Act.
| 8 | | (F) Complaint. "Complaint" means the formal pleading filed | 9 | | by
the Department with the Commission following an | 10 | | investigation and
finding of substantial evidence of a civil | 11 | | rights violation.
| 12 | | (G) Complainant. "Complainant" means a person including | 13 | | the
Department who files a charge of civil rights violation | 14 | | with the Department or
the Commission.
| 15 | | (H) Department. "Department" means the Department of Human | 16 | | Rights
created by this Act.
| 17 | | (I) Disability. "Disability" means a determinable physical | 18 | | or mental
characteristic of a person, including, but not | 19 | | limited to, a determinable
physical characteristic which | 20 | | necessitates the person's use of a guide,
hearing or support | 21 | | dog, the history of such characteristic, or the
perception of | 22 | | such characteristic by the person complained against, which
may | 23 | | result from disease, injury, congenital condition of birth or
| 24 | | functional disorder and which characteristic:
| 25 | | (1) For purposes of Article 2 is unrelated to the | 26 | | person's ability
to perform the duties of a particular job |
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| 1 | | or position and, pursuant to
Section 2-104 of this Act, a | 2 | | person's illegal use of drugs or alcohol is not a
| 3 | | disability;
| 4 | | (2) For purposes of Article 3, is unrelated to the | 5 | | person's ability
to acquire, rent or maintain a housing | 6 | | accommodation;
| 7 | | (3) For purposes of Article 4, is unrelated to a | 8 | | person's ability to
repay;
| 9 | | (4) For purposes of Article 5, is unrelated to a | 10 | | person's ability to
utilize and benefit from a place of | 11 | | public accommodation;
| 12 | | (5) For purposes of Article 5, also includes any | 13 | | mental, psychological, or developmental disability, | 14 | | including autism spectrum disorders. | 15 | | (J) Marital Status. "Marital status" means the legal status | 16 | | of being
married, single, separated, divorced or widowed.
| 17 | | (J-1) Military Status. "Military status" means a person's | 18 | | status on
active duty in or status as a veteran of the armed | 19 | | forces of the United States, status as a current member or | 20 | | veteran of any
reserve component of the armed forces of the | 21 | | United States, including the United
States Army Reserve, United | 22 | | States Marine Corps Reserve, United States Navy
Reserve, United | 23 | | States Air Force Reserve, and United States Coast Guard
| 24 | | Reserve, or status as a current member or veteran of the | 25 | | Illinois Army National Guard or Illinois Air National
Guard.
| 26 | | (K) National Origin. "National origin" means the place in |
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| 1 | | which a
person or one of his or her ancestors was born.
| 2 | | (K-5) "Order of protection status" means a person's status | 3 | | as being a person protected under an order of protection issued | 4 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 5 | | order of protection issued by a court of another state. | 6 | | (L) Person. "Person" includes one or more individuals, | 7 | | partnerships,
associations or organizations, labor | 8 | | organizations, labor unions, joint
apprenticeship committees, | 9 | | or union labor associations, corporations, the
State of | 10 | | Illinois and its instrumentalities, political subdivisions, | 11 | | units
of local government, legal representatives, trustees in | 12 | | bankruptcy
or receivers.
| 13 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 14 | | or conditions related to pregnancy or childbirth. | 15 | | (M) Public Contract. "Public contract" includes every | 16 | | contract to which the
State, any of its political subdivisions | 17 | | or any municipal corporation is a
party.
| 18 | | (N) Religion. "Religion" includes all aspects of religious | 19 | | observance
and practice, as well as belief, except that with | 20 | | respect to employers, for
the purposes of Article 2, "religion" | 21 | | has the meaning ascribed to it in
paragraph (F) of Section | 22 | | 2-101.
| 23 | | (O) Sex. "Sex" means the status of being male or female.
| 24 | | (O-1) Sexual orientation. "Sexual orientation" means | 25 | | actual or
perceived heterosexuality, homosexuality, | 26 | | bisexuality, or gender-related identity,
whether or not |
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| 1 | | traditionally associated with the person's designated sex at
| 2 | | birth. "Sexual orientation" does not include a physical or | 3 | | sexual attraction to a minor by an adult.
| 4 | | (P) Unfavorable Military Discharge. "Unfavorable military | 5 | | discharge"
includes discharges from the Armed Forces of the | 6 | | United States, their
Reserve components or any National Guard | 7 | | or Naval Militia which are
classified as RE-3 or the equivalent | 8 | | thereof, but does not include those
characterized as RE-4 or | 9 | | "Dishonorable".
| 10 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 11 | | means discrimination
against a person because of his or her | 12 | | race, color, religion, national origin,
ancestry, age, sex, | 13 | | marital status, order of protection status, disability, | 14 | | military status, sexual
orientation, pregnancy,
or unfavorable
| 15 | | discharge from military service as those terms are defined in | 16 | | this Section.
| 17 | | (Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; | 18 | | 97-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
| 19 | | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| 20 | | Sec. 2-101. Definitions. The following definitions are | 21 | | applicable
strictly in the context of this Article.
| 22 | | (A) Employee.
| 23 | | (1) "Employee" includes:
| 24 | | (a) Any individual performing services for | 25 | | remuneration within this
State for an employer;
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| 1 | | (b) An apprentice;
| 2 | | (c) An applicant for any apprenticeship.
| 3 | | (2) "Employee" does not include:
| 4 | | (a) Domestic servants in private homes;
| 5 | | (b) Individuals employed by persons who are not | 6 | | "employers" as
defined by this Act;
| 7 | | (c) Elected public officials or the members of | 8 | | their immediate
personal staffs;
| 9 | | (d) Principal administrative officers of the State | 10 | | or of any
political subdivision, municipal corporation | 11 | | or other governmental unit
or agency;
| 12 | | (e) A person in a vocational rehabilitation | 13 | | facility certified under
federal law who has been | 14 | | designated an evaluee, trainee, or work
activity | 15 | | client.
| 16 | | (B) Employer.
| 17 | | (1) "Employer" includes:
| 18 | | (a) Any person employing 15 or more employees | 19 | | within Illinois during
20 or more calendar weeks within | 20 | | the calendar year of or preceding the alleged
| 21 | | violation;
| 22 | | (b) Any person employing one or more employees when | 23 | | a complainant
alleges civil rights violation due to | 24 | | unlawful discrimination based
upon his or her physical | 25 | | or mental disability unrelated to ability , pregnancy, | 26 | | or
sexual harassment;
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| 1 | | (c) The State and any political subdivision, | 2 | | municipal corporation
or other governmental unit or | 3 | | agency, without regard to the number of
employees;
| 4 | | (d) Any party to a public contract without regard | 5 | | to the number of
employees;
| 6 | | (e) A joint apprenticeship or training committee | 7 | | without regard to the
number of employees.
| 8 | | (2) "Employer" does not include any religious | 9 | | corporation,
association, educational institution, | 10 | | society, or non-profit nursing
institution conducted by | 11 | | and for those who rely upon treatment by prayer
through | 12 | | spiritual means in accordance with the tenets of a | 13 | | recognized
church or religious denomination with respect | 14 | | to the employment of
individuals of a particular religion | 15 | | to perform work connected with the
carrying on by such | 16 | | corporation, association, educational institution,
society | 17 | | or non-profit nursing institution of its activities.
| 18 | | (C) Employment Agency. "Employment Agency" includes both | 19 | | public and
private employment agencies and any person, labor | 20 | | organization, or labor
union having a hiring hall or hiring | 21 | | office regularly undertaking, with
or without compensation, to | 22 | | procure opportunities to work, or to
procure, recruit, refer or | 23 | | place employees.
| 24 | | (D) Labor Organization. "Labor Organization" includes any
| 25 | | organization, labor union, craft union, or any voluntary | 26 | | unincorporated
association designed to further the cause of the |
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| 1 | | rights of union labor
which is constituted for the purpose, in | 2 | | whole or in part, of collective
bargaining or of dealing with | 3 | | employers concerning grievances, terms or
conditions of | 4 | | employment, or apprenticeships or applications for
| 5 | | apprenticeships, or of other mutual aid or protection in | 6 | | connection with
employment, including apprenticeships or | 7 | | applications for apprenticeships.
| 8 | | (E) Sexual Harassment. "Sexual harassment" means any | 9 | | unwelcome sexual
advances or requests for sexual favors or any | 10 | | conduct of a sexual nature
when (1) submission to such conduct | 11 | | is made either explicitly or implicitly
a term or condition of | 12 | | an individual's employment, (2) submission to or
rejection of | 13 | | such conduct by an individual is used as the basis for
| 14 | | employment decisions affecting such individual, or (3) such | 15 | | conduct has the
purpose or effect of substantially interfering | 16 | | with an individual's work
performance or creating an | 17 | | intimidating, hostile or offensive working
environment.
| 18 | | (F) Religion. "Religion" with respect to employers | 19 | | includes all
aspects of religious observance and practice, as | 20 | | well as belief, unless an
employer demonstrates that he is | 21 | | unable to reasonably accommodate an
employee's or prospective | 22 | | employee's religious observance or practice
without undue | 23 | | hardship on the conduct of the employer's business.
| 24 | | (G) Public Employer. "Public employer" means the State, an | 25 | | agency or
department thereof, unit of local government, school | 26 | | district,
instrumentality or political subdivision.
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| 1 | | (H) Public Employee. "Public employee" means an employee of | 2 | | the State,
agency or department thereof, unit of local | 3 | | government, school district,
instrumentality or political | 4 | | subdivision. "Public employee" does not include
public | 5 | | officers or employees of the General Assembly or agencies | 6 | | thereof.
| 7 | | (I) Public Officer. "Public officer" means a person who is | 8 | | elected to
office pursuant to the Constitution or a statute or | 9 | | ordinance, or who is
appointed to an office which is | 10 | | established, and the qualifications and
duties of which are | 11 | | prescribed, by the Constitution or a statute or
ordinance, to | 12 | | discharge a public duty for the State, agency or department
| 13 | | thereof, unit of local government, school district, | 14 | | instrumentality or
political subdivision.
| 15 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 16 | | prior to a
bid opening, has filed with the Department a | 17 | | properly completed, sworn and
currently valid employer report | 18 | | form, pursuant to the Department's regulations.
The provisions | 19 | | of this Article relating to eligible bidders apply only
to bids | 20 | | on contracts with the State and its departments, agencies, | 21 | | boards,
and commissions, and the provisions do not apply to | 22 | | bids on contracts with
units of local government or school | 23 | | districts.
| 24 | | (K) Citizenship Status. "Citizenship status" means the | 25 | | status of being:
| 26 | | (1) a born U.S. citizen;
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| 1 | | (2) a naturalized U.S. citizen;
| 2 | | (3) a U.S. national; or
| 3 | | (4) a person born outside the United States and not a | 4 | | U.S. citizen who
is not an unauthorized alien and who is | 5 | | protected from discrimination under
the provisions of | 6 | | Section 1324b of Title 8 of the United States Code, as
now | 7 | | or hereafter amended.
| 8 | | (Source: P.A. 97-877, eff. 8-2-12.)
| 9 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 10 | | Sec. 2-102. Civil Rights Violations - Employment. It is a | 11 | | civil
rights violation:
| 12 | | (A) Employers. For any employer to refuse to hire, to | 13 | | segregate, or
to act with respect to recruitment, hiring, | 14 | | promotion, renewal of employment,
selection for training or | 15 | | apprenticeship, discharge, discipline, tenure or
terms, | 16 | | privileges or conditions of employment on the basis of unlawful
| 17 | | discrimination or citizenship status.
| 18 | | (A-5) Language. For an employer to impose a restriction | 19 | | that has the
effect of prohibiting a language from being spoken | 20 | | by an employee in
communications that are unrelated to the | 21 | | employee's duties.
| 22 | | For the purposes of this subdivision (A-5), "language" | 23 | | means a person's
native tongue, such as Polish, Spanish, or
| 24 | | Chinese.
"Language" does not include such things as slang, | 25 | | jargon, profanity, or
vulgarity.
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| 1 | | (B) Employment Agency. For any employment agency to fail or | 2 | | refuse
to classify properly, accept applications and register | 3 | | for employment
referral or apprenticeship referral, refer for | 4 | | employment, or refer for
apprenticeship on the basis of | 5 | | unlawful discrimination or citizenship
status or to accept from | 6 | | any person any job order, requisition or request
for referral | 7 | | of applicants for employment or apprenticeship which makes or
| 8 | | has the effect of making unlawful discrimination or | 9 | | discrimination on the
basis of citizenship status a condition | 10 | | of referral.
| 11 | | (C) Labor Organization. For any labor organization to | 12 | | limit,
segregate or classify its membership, or to limit | 13 | | employment
opportunities, selection and training for | 14 | | apprenticeship in any trade or
craft, or otherwise to take, or | 15 | | fail to take, any action which affects
adversely any person's | 16 | | status as an employee or as an applicant for
employment or as | 17 | | an apprentice, or as an applicant for apprenticeships,
or | 18 | | wages, tenure, hours of employment or apprenticeship | 19 | | conditions on the
basis of unlawful discrimination or | 20 | | citizenship status.
| 21 | | (D) Sexual Harassment. For any employer, employee, agent of | 22 | | any employer,
employment agency or labor organization to engage | 23 | | in sexual harassment;
provided, that an employer shall be | 24 | | responsible for sexual harassment
of the employer's employees | 25 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 26 | | only if the employer becomes aware of the conduct and fails to
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| 1 | | take reasonable corrective measures.
| 2 | | (E) Public Employers. For any public employer to refuse to | 3 | | permit a
public employee under its jurisdiction who takes time | 4 | | off from work in
order to practice his or her religious beliefs | 5 | | to engage in work, during hours
other than such employee's | 6 | | regular working hours, consistent with the
operational needs of | 7 | | the employer and in order to compensate for work time
lost for | 8 | | such religious reasons. Any employee who elects such deferred
| 9 | | work shall be compensated at the wage rate which he or she | 10 | | would have
earned during the originally scheduled work period. | 11 | | The employer may
require that an employee who plans to take | 12 | | time off from work in order to
practice his or her religious | 13 | | beliefs provide the employer with a notice of
his or her | 14 | | intention to be absent from work not exceeding 5 days prior to
| 15 | | the date of absence.
| 16 | | (F) Training and Apprenticeship Programs. For any | 17 | | employer,
employment agency or labor organization to | 18 | | discriminate against a person on
the basis of age in the | 19 | | selection, referral for or conduct of apprenticeship
or | 20 | | training programs.
| 21 | | (G) Immigration-Related Practices. | 22 | | (1) for an employer to request for
purposes of | 23 | | satisfying the requirements of Section 1324a(b) of Title 8 | 24 | | of
the United States Code, as now or hereafter amended, | 25 | | more or different
documents than are required under such | 26 | | Section or to refuse to honor
documents tendered that on |
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| 1 | | their face reasonably appear to be genuine; or
| 2 | | (2) for an employer participating in the E-Verify | 3 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 4 | | Programs for Employment Eligibility Confirmation (enacted | 5 | | by PL 104-208, div. C title IV, subtitle A) to refuse to | 6 | | hire, to segregate, or to act with respect to recruitment, | 7 | | hiring, promotion, renewal of employment, selection for | 8 | | training or apprenticeship, discharge, discipline, tenure | 9 | | or terms, privileges or conditions of employment without | 10 | | following the procedures under the E-Verify Program. | 11 | | (H) (Blank). Pregnancy;
peace officers and fire fighters. | 12 | | For a public employer to refuse to temporarily transfer a | 13 | | pregnant
female peace officer or pregnant
female fire fighter | 14 | | to a less strenuous or hazardous position for the
duration of | 15 | | her pregnancy if she so requests, with the advice of her
| 16 | | physician, where that transfer can be reasonably accommodated. | 17 | | For the purposes of this subdivision (H), "peace officer" and | 18 | | "fire fighter" have the meanings ascribed to those terms in | 19 | | Section 3 of the Illinois Public Labor Relations Act.
| 20 | | It is not a civil rights violation for an employer to take | 21 | | any action
that is required by Section 1324a of Title 8 of the | 22 | | United States Code, as
now or hereafter amended.
| 23 | | (I) Pregnancy. For an employer to refuse to hire, to | 24 | | segregate, or to act with respect to recruitment, hiring, | 25 | | promotion, renewal of employment, selection for training or | 26 | | apprenticeship, discharge, discipline, tenure or terms, |
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| 1 | | privileges or conditions of employment on the basis of | 2 | | pregnancy, childbirth, or related medical conditions related | 3 | | to pregnancy or childbirth . Women affected by pregnancy, | 4 | | childbirth, or related medical conditions related to pregnancy | 5 | | or childbirth shall be treated the same for all | 6 | | employment-related purposes, including receipt of benefits | 7 | | under fringe benefit programs, as other persons not so affected | 8 | | but similar in their ability or inability to work , regardless | 9 | | of the source of the inability to work or employment | 10 | | classification or status, including part-time, full-time, or | 11 | | probationary . | 12 | | (J) Pregnancy; reasonable accommodations. | 13 | | (1) For an employer to not make reasonable | 14 | | accommodations for any condition of a job applicant or | 15 | | employee related to pregnancy or childbirth, if she so | 16 | | requests, unless the employer can demonstrate that the | 17 | | accommodation would impose an undue hardship on the | 18 | | ordinary operation of the business of the employer. If the | 19 | | employer requests a certificate from the employee's health | 20 | | care provider concerning the need for the requested | 21 | | reasonable accommodation or accommodations and the request | 22 | | by the employer for documentation is job-related and | 23 | | consistent with business necessity, the employer may | 24 | | require only the medical justification for the requested | 25 | | accommodation or accommodations, a description of the | 26 | | reasonable accommodation or accommodations medically |
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| 1 | | advisable, the date the reasonable accommodation or | 2 | | accommodations became medically advisable, and the | 3 | | probable duration of the reasonable accommodation or | 4 | | accommodations. Notwithstanding the provisions of this | 5 | | paragraph, the employer may require a certificate by the | 6 | | employee's health care provider to determine compliance | 7 | | with other laws. The employer shall engage in a timely, | 8 | | good faith, and meaningful exchange with the employee to | 9 | | determine effective reasonable accommodations. | 10 | | (2) For an employer to deny employment opportunities or | 11 | | benefits to or take adverse action against an otherwise | 12 | | qualified job applicant or employee, if the denial or | 13 | | adverse action is based on the need of the employer to make | 14 | | reasonable accommodations to the known conditions related | 15 | | to the pregnancy or childbirth of the applicant or | 16 | | employee. | 17 | | (3) For an employer to require a job applicant or | 18 | | employee affected by pregnancy, childbirth, or conditions | 19 | | related to pregnancy or childbirth to accept an | 20 | | accommodation that the applicant or employee chooses not to | 21 | | accept. | 22 | | (4) For an employer to require an employee to take | 23 | | leave under any leave law or policy of the employer if | 24 | | another reasonable accommodation can be provided to the | 25 | | known conditions related to the pregnancy or childbirth of | 26 | | an employee. No employer shall fail or refuse to reinstate |
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| 1 | | the employee affected by pregnancy or childbirth, or | 2 | | conditions related to pregnancy or childbirth to her | 3 | | original job or to an equivalent position with equivalent | 4 | | pay and accumulated seniority, retirement, fringe | 5 | | benefits, and other applicable service credits upon her | 6 | | signifying her intent to return or when her need for | 7 | | reasonable accommodation ceases, unless the employer can | 8 | | demonstrate that the accommodation would impose an undue | 9 | | hardship on the ordinary operation of the business of the | 10 | | employer. | 11 | | For the purposes of this subdivision (J), "reasonable | 12 | | accommodations" means reasonable modifications or adjustments | 13 | | to the job application process or work environment, or to the | 14 | | manner or circumstances under which the position desired or | 15 | | held is customarily performed, that enable an applicant or | 16 | | employee affected by pregnancy, childbirth, or conditions | 17 | | related to pregnancy or childbirth to be considered for the | 18 | | position the applicant desires or to perform the essential | 19 | | functions of that position, and may include, but is not limited | 20 | | to: more frequent or longer bathroom breaks, breaks for | 21 | | increased water intake, and breaks for periodic rest; private | 22 | | non-bathroom space for expressing breast milk and | 23 | | breastfeeding; seating; assistance with manual labor; light | 24 | | duty; temporary transfer to a less strenuous or hazardous | 25 | | position; the provision of an accessible worksite; acquisition | 26 | | or modification of equipment; job restructuring; a part-time or |
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| 1 | | modified work schedule; appropriate adjustment or | 2 | | modifications of examinations, training materials, or | 3 | | policies; reassignment to a vacant position; time off to | 4 | | recover from childbirth; and leave. | 5 | | For the purposes of this subdivision (J), "undue hardship" | 6 | | means an action that is prohibitively expensive or disruptive | 7 | | when considered in light of the following factors: (i) the | 8 | | nature and cost of the accommodation needed; (ii) the overall | 9 | | financial resources of the facility or facilities involved in | 10 | | the provision of the reasonable accommodation, the number of | 11 | | persons employed at the facility, the effect on expenses and | 12 | | resources, or the impact otherwise of the accommodation upon | 13 | | the operation of the facility; (iii) the overall financial | 14 | | resources of the employer, the overall size of the business of | 15 | | the employer with respect to the number of its employees, and | 16 | | the number, type, and location of its facilities; and (iv) the | 17 | | type of operation or operations of the employer, including the | 18 | | composition, structure, and functions of the workforce of the | 19 | | employer, the geographic separateness, administrative, or | 20 | | fiscal relationship of the facility or facilities in question | 21 | | to the employer. The employer has the burden of proving undue | 22 | | hardship. The fact that the employer provides or would be | 23 | | required to provide a similar accommodation to similarly | 24 | | situated employees creates a rebuttable presumption that the | 25 | | accommodation does not impose an undue hardship on the | 26 | | employer. |
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| 1 | | No employer is required by this subdivision (J) to create | 2 | | additional employment that the employer would not otherwise | 3 | | have created, unless the employer does so or would do so for | 4 | | other classes of employees who need accommodation. The employer | 5 | | is not required to discharge any employee, transfer any | 6 | | employee with more seniority, or promote any employee who is | 7 | | not qualified to perform the job, unless the employer does so | 8 | | or would do so to accommodate other classes of employees who | 9 | | need it. | 10 | | (K) Notice. | 11 | | (1) For an employer to fail to post or keep posted in a | 12 | | conspicuous location on the premises of the employer where | 13 | | notices to employees are customarily posted, or fail to | 14 | | include in any employee handbook information concerning an | 15 | | employee's rights under this Article, a notice, to be | 16 | | prepared or approved by the Department, summarizing the | 17 | | requirements of this Article and information pertaining to | 18 | | the filing of a charge, including the right to be free from | 19 | | unlawful discrimination and the right to certain | 20 | | reasonable accommodations. The Department shall make the | 21 | | documents required under this paragraph available for | 22 | | retrieval from the Department's website. | 23 | | (2) Upon notification of a violation of paragraph (1) | 24 | | of this subdivision (K), the Department may launch a | 25 | | preliminary investigation. If the Department finds a | 26 | | violation, the Department may issue a notice to show cause |
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| 1 | | giving the employer 30 days to correct the violation. If | 2 | | the violation is not corrected, the Department may initiate | 3 | | a charge of a civil rights violation. | 4 | | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
| 5 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 6 | | Sec. 6-101. Additional Civil Rights Violations. It is a | 7 | | civil rights
violation for a person, or for two or more persons | 8 | | to conspire, to:
| 9 | | (A) Retaliation. Retaliate against a person because he | 10 | | or she has
opposed that which he or she reasonably and in | 11 | | good faith believes to be
unlawful discrimination, sexual | 12 | | harassment in employment or sexual
harassment in | 13 | | elementary, secondary, and higher
education, | 14 | | discrimination based on citizenship status
in employment, | 15 | | or because he or she has made a charge, filed a complaint,
| 16 | | testified, assisted, or participated in an investigation, | 17 | | proceeding, or
hearing under this Act , or because he or she | 18 | | has requested, attempted to request, used, or attempted to | 19 | | use a reasonable accommodation as allowed by this Act ;
| 20 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel or | 21 | | coerce a
person to commit any violation of this Act;
| 22 | | (C) Interference. Wilfully interfere with the | 23 | | performance of a duty
or the exercise of a power by the | 24 | | Commission or one of its members or
representatives or the | 25 | | Department or one of its officers or employees.
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| 1 | | Definitions. For the purposes of this Section, "sexual
| 2 | | harassment" and "citizenship status" shall have the same | 3 | | meaning as defined in
Section 2-101 of this Act.
| 4 | | (Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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