HB0008 EngrossedLRB098 00001 AJO 30001 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. Findings. The General Assembly finds and
5declares 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
11changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as
13    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
14    Sec. 1-102. Declaration of Policy. It is the public policy
15of this State:
16    (A) Freedom from Unlawful Discrimination. To secure for all
17individuals within Illinois the freedom from discrimination
18against any individual because of his or her race, color,
19religion, sex, national origin, ancestry, age, order of
20protection status, marital status, physical or mental
21disability, military status, sexual orientation, pregnancy, or
22unfavorable discharge from military service in connection with
23employment, real estate transactions, access to financial
24credit, and the availability of public accommodations.



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



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1and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of unlawful discrimination, sexual
4harassment in employment and sexual harassment in elementary,
5secondary, and higher education, and discrimination based on
6citizenship status in employment.
7(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
896-1319, 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,
11unless the context requires otherwise, the term:
12    (A) Age. "Age" means the chronological age of a person who
13is at least 40 years old, except with regard to any practice
14described in Section 2-102, insofar as that practice concerns
15training or apprenticeship programs. In the case of training or
16apprenticeship programs, for the purposes of Section 2-102,
17"age" means the chronological age of a person who is 18 but not
18yet 40 years old.
19    (B) Aggrieved Party. "Aggrieved party" means a person who
20is alleged or proved to have been injured by a civil rights
21violation or believes he or she will be injured by a civil
22rights violation under Article 3 that is about to occur.
23    (C) Charge. "Charge" means an allegation filed with the
24Department by an aggrieved party or initiated by the Department
25under its authority.



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1    (D) Civil Rights Violation. "Civil rights violation"
2includes and shall be limited to only those specific acts set
3forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
43-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
56-101, and 6-102 of this Act.
6    (E) Commission. "Commission" means the Human Rights
7Commission created by this Act.
8    (F) Complaint. "Complaint" means the formal pleading filed
9by the Department with the Commission following an
10investigation and finding of substantial evidence of a civil
11rights violation.
12    (G) Complainant. "Complainant" means a person including
13the Department who files a charge of civil rights violation
14with the Department or the Commission.
15    (H) Department. "Department" means the Department of Human
16Rights created by this Act.
17    (I) Disability. "Disability" means a determinable physical
18or mental characteristic of a person, including, but not
19limited to, a determinable physical characteristic which
20necessitates the person's use of a guide, hearing or support
21dog, the history of such characteristic, or the perception of
22such characteristic by the person complained against, which may
23result from disease, injury, congenital condition of birth or
24functional 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
16of being married, single, separated, divorced or widowed.
17    (J-1) Military Status. "Military status" means a person's
18status on active duty in or status as a veteran of the armed
19forces of the United States, status as a current member or
20veteran of any reserve component of the armed forces of the
21United States, including the United States Army Reserve, United
22States Marine Corps Reserve, United States Navy Reserve, United
23States Air Force Reserve, and United States Coast Guard
24Reserve, or status as a current member or veteran of the
25Illinois Army National Guard or Illinois Air National Guard.
26    (K) National Origin. "National origin" means the place in



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1which a person or one of his or her ancestors was born.
2    (K-5) "Order of protection status" means a person's status
3as being a person protected under an order of protection issued
4pursuant to the Illinois Domestic Violence Act of 1986 or an
5order of protection issued by a court of another state.
6    (L) Person. "Person" includes one or more individuals,
7partnerships, associations or organizations, labor
8organizations, labor unions, joint apprenticeship committees,
9or union labor associations, corporations, the State of
10Illinois and its instrumentalities, political subdivisions,
11units of local government, legal representatives, trustees in
12bankruptcy or receivers.
13    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
14or conditions related to pregnancy or childbirth.
15    (M) Public Contract. "Public contract" includes every
16contract to which the State, any of its political subdivisions
17or any municipal corporation is a party.
18    (N) Religion. "Religion" includes all aspects of religious
19observance and practice, as well as belief, except that with
20respect to employers, for the purposes of Article 2, "religion"
21has the meaning ascribed to it in paragraph (F) of Section
23    (O) Sex. "Sex" means the status of being male or female.
24    (O-1) Sexual orientation. "Sexual orientation" means
25actual or perceived heterosexuality, homosexuality,
26bisexuality, or gender-related identity, whether or not



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1traditionally associated with the person's designated sex at
2birth. "Sexual orientation" does not include a physical or
3sexual attraction to a minor by an adult.
4    (P) Unfavorable Military Discharge. "Unfavorable military
5discharge" includes discharges from the Armed Forces of the
6United States, their Reserve components or any National Guard
7or Naval Militia which are classified as RE-3 or the equivalent
8thereof, but does not include those characterized as RE-4 or
10    (Q) Unlawful Discrimination. "Unlawful discrimination"
11means discrimination against a person because of his or her
12race, color, religion, national origin, ancestry, age, sex,
13marital status, order of protection status, disability,
14military status, sexual orientation, pregnancy, or unfavorable
15discharge from military service as those terms are defined in
16this Section.
17(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
1897-410, 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
21applicable 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
19public and private employment agencies and any person, labor
20organization, or labor union having a hiring hall or hiring
21office regularly undertaking, with or without compensation, to
22procure opportunities to work, or to procure, recruit, refer or
23place employees.
24    (D) Labor Organization. "Labor Organization" includes any
25organization, labor union, craft union, or any voluntary
26unincorporated association designed to further the cause of the



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1rights of union labor which is constituted for the purpose, in
2whole or in part, of collective bargaining or of dealing with
3employers concerning grievances, terms or conditions of
4employment, or apprenticeships or applications for
5apprenticeships, or of other mutual aid or protection in
6connection with employment, including apprenticeships or
7applications for apprenticeships.
8    (E) Sexual Harassment. "Sexual harassment" means any
9unwelcome sexual advances or requests for sexual favors or any
10conduct of a sexual nature when (1) submission to such conduct
11is made either explicitly or implicitly a term or condition of
12an individual's employment, (2) submission to or rejection of
13such conduct by an individual is used as the basis for
14employment decisions affecting such individual, or (3) such
15conduct has the purpose or effect of substantially interfering
16with an individual's work performance or creating an
17intimidating, hostile or offensive working environment.
18    (F) Religion. "Religion" with respect to employers
19includes all aspects of religious observance and practice, as
20well as belief, unless an employer demonstrates that he is
21unable to reasonably accommodate an employee's or prospective
22employee's religious observance or practice without undue
23hardship on the conduct of the employer's business.
24    (G) Public Employer. "Public employer" means the State, an
25agency or department thereof, unit of local government, school
26district, instrumentality or political subdivision.



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1    (H) Public Employee. "Public employee" means an employee of
2the State, agency or department thereof, unit of local
3government, school district, instrumentality or political
4subdivision. "Public employee" does not include public
5officers or employees of the General Assembly or agencies
7    (I) Public Officer. "Public officer" means a person who is
8elected to office pursuant to the Constitution or a statute or
9ordinance, or who is appointed to an office which is
10established, and the qualifications and duties of which are
11prescribed, by the Constitution or a statute or ordinance, to
12discharge a public duty for the State, agency or department
13thereof, unit of local government, school district,
14instrumentality or political subdivision.
15    (J) Eligible Bidder. "Eligible bidder" means a person who,
16prior to a bid opening, has filed with the Department a
17properly completed, sworn and currently valid employer report
18form, pursuant to the Department's regulations. The provisions
19of this Article relating to eligible bidders apply only to bids
20on contracts with the State and its departments, agencies,
21boards, and commissions, and the provisions do not apply to
22bids on contracts with units of local government or school
24    (K) Citizenship Status. "Citizenship status" means the
25status 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
11civil rights violation:
12    (A) Employers. For any employer to refuse to hire, to
13segregate, or to act with respect to recruitment, hiring,
14promotion, renewal of employment, selection for training or
15apprenticeship, discharge, discipline, tenure or terms,
16privileges or conditions of employment on the basis of unlawful
17discrimination or citizenship status.
18    (A-5) Language. For an employer to impose a restriction
19that has the effect of prohibiting a language from being spoken
20by an employee in communications that are unrelated to the
21employee's duties.
22    For the purposes of this subdivision (A-5), "language"
23means a person's native tongue, such as Polish, Spanish, or
24Chinese. "Language" does not include such things as slang,
25jargon, profanity, or vulgarity.



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



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1take reasonable corrective measures.
2    (E) Public Employers. For any public employer to refuse to
3permit a public employee under its jurisdiction who takes time
4off from work in order to practice his or her religious beliefs
5to engage in work, during hours other than such employee's
6regular working hours, consistent with the operational needs of
7the employer and in order to compensate for work time lost for
8such religious reasons. Any employee who elects such deferred
9work shall be compensated at the wage rate which he or she
10would have earned during the originally scheduled work period.
11The employer may require that an employee who plans to take
12time off from work in order to practice his or her religious
13beliefs provide the employer with a notice of his or her
14intention to be absent from work not exceeding 5 days prior to
15the date of absence.
16    (F) Training and Apprenticeship Programs. For any
17employer, employment agency or labor organization to
18discriminate against a person on the basis of age in the
19selection, referral for or conduct of apprenticeship or
20training 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.
12For a public employer to refuse to temporarily transfer a
13pregnant female peace officer or pregnant female fire fighter
14to a less strenuous or hazardous position for the duration of
15her pregnancy if she so requests, with the advice of her
16physician, where that transfer can be reasonably accommodated.
17For the purposes of this subdivision (H), "peace officer" and
18"fire fighter" have the meanings ascribed to those terms in
19Section 3 of the Illinois Public Labor Relations Act.
20    It is not a civil rights violation for an employer to take
21any action that is required by Section 1324a of Title 8 of the
22United States Code, as now or hereafter amended.
23    (I) Pregnancy. For an employer to refuse to hire, to
24segregate, or to act with respect to recruitment, hiring,
25promotion, renewal of employment, selection for training or
26apprenticeship, discharge, discipline, tenure or terms,



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1privileges or conditions of employment on the basis of
2pregnancy, childbirth, or related medical conditions related
3to pregnancy or childbirth. Women affected by pregnancy,
4childbirth, or related medical conditions related to pregnancy
5or childbirth shall be treated the same for all
6employment-related purposes, including receipt of benefits
7under fringe benefit programs, as other persons not so affected
8but similar in their ability or inability to work, regardless
9of the source of the inability to work or employment
10classification or status, including part-time, full-time, or
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
12accommodations" means reasonable modifications or adjustments
13to the job application process or work environment, or to the
14manner or circumstances under which the position desired or
15held is customarily performed, that enable an applicant or
16employee affected by pregnancy, childbirth, or conditions
17related to pregnancy or childbirth to be considered for the
18position the applicant desires or to perform the essential
19functions of that position, and may include, but is not limited
20to: more frequent or longer bathroom breaks, breaks for
21increased water intake, and breaks for periodic rest; private
22non-bathroom space for expressing breast milk and
23breastfeeding; seating; assistance with manual labor; light
24duty; temporary transfer to a less strenuous or hazardous
25position; the provision of an accessible worksite; acquisition
26or modification of equipment; job restructuring; a part-time or



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



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1    No employer is required by this subdivision (J) to create
2additional employment that the employer would not otherwise
3have created, unless the employer does so or would do so for
4other classes of employees who need accommodation. The employer
5is not required to discharge any employee, transfer any
6employee with more seniority, or promote any employee who is
7not qualified to perform the job, unless the employer does so
8or would do so to accommodate other classes of employees who
9need 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
7civil rights violation for a person, or for two or more persons
8to 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
2harassment" and "citizenship status" shall have the same
3meaning 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
6becoming law.