Illinois General Assembly - Full Text of HB0008
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Full Text of HB0008  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,
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. Sadly,



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1    many employers refuse to provide reasonable accommodations
2    or decline to extend workplace injury policies to pregnant
3    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 medical or common conditions related to pregnancy or
16    (M) Public Contract. "Public contract" includes every
17contract to which the State, any of its political subdivisions
18or any municipal corporation is a party.
19    (N) Religion. "Religion" includes all aspects of religious
20observance and practice, as well as belief, except that with
21respect to employers, for the purposes of Article 2, "religion"
22has the meaning ascribed to it in paragraph (F) of Section
24    (O) Sex. "Sex" means the status of being male or female.
25    (O-1) Sexual orientation. "Sexual orientation" means
26actual or perceived heterosexuality, homosexuality,



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1bisexuality, or gender-related identity, whether or not
2traditionally associated with the person's designated sex at
3birth. "Sexual orientation" does not include a physical or
4sexual attraction to a minor by an adult.
5    (P) Unfavorable Military Discharge. "Unfavorable military
6discharge" includes discharges from the Armed Forces of the
7United States, their Reserve components or any National Guard
8or Naval Militia which are classified as RE-3 or the equivalent
9thereof, but does not include those characterized as RE-4 or
11    (Q) Unlawful Discrimination. "Unlawful discrimination"
12means discrimination against a person because of his or her
13race, color, religion, national origin, ancestry, age, sex,
14marital status, order of protection status, disability,
15military status, sexual orientation, pregnancy, or unfavorable
16discharge from military service as those terms are defined in
17this Section.
18(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
1997-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
20    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
21    Sec. 2-101. Definitions. The following definitions are
22applicable strictly in the context of this Article.
23    (A) Employee.
24        (1) "Employee" includes:
25            (a) Any individual performing services for



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1        remuneration within this State for an employer;
2            (b) An apprentice;
3            (c) An applicant for any apprenticeship.
4        (2) "Employee" does not include:
5            (a) Domestic servants in private homes;
6            (b) Individuals employed by persons who are not
7        "employers" as defined by this Act;
8            (c) Elected public officials or the members of
9        their immediate personal staffs;
10            (d) Principal administrative officers of the State
11        or of any political subdivision, municipal corporation
12        or other governmental unit or agency;
13            (e) A person in a vocational rehabilitation
14        facility certified under federal law who has been
15        designated an evaluee, trainee, or work activity
16        client.
17    (B) Employer.
18        (1) "Employer" includes:
19            (a) Any person employing 15 or more employees
20        within Illinois during 20 or more calendar weeks within
21        the calendar year of or preceding the alleged
22        violation;
23            (b) Any person employing one or more employees when
24        a complainant alleges civil rights violation due to
25        unlawful discrimination based upon his or her physical
26        or mental disability unrelated to ability, pregnancy,



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1        or sexual harassment;
2            (c) The State and any political subdivision,
3        municipal corporation or other governmental unit or
4        agency, without regard to the number of employees;
5            (d) Any party to a public contract without regard
6        to the number of employees;
7            (e) A joint apprenticeship or training committee
8        without regard to the number of employees.
9        (2) "Employer" does not include any religious
10    corporation, association, educational institution,
11    society, or non-profit nursing institution conducted by
12    and for those who rely upon treatment by prayer through
13    spiritual means in accordance with the tenets of a
14    recognized church or religious denomination with respect
15    to the employment of individuals of a particular religion
16    to perform work connected with the carrying on by such
17    corporation, association, educational institution, society
18    or non-profit nursing institution of its activities.
19    (C) Employment Agency. "Employment Agency" includes both
20public and private employment agencies and any person, labor
21organization, or labor union having a hiring hall or hiring
22office regularly undertaking, with or without compensation, to
23procure opportunities to work, or to procure, recruit, refer or
24place employees.
25    (D) Labor Organization. "Labor Organization" includes any
26organization, labor union, craft union, or any voluntary



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



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1district, instrumentality or political subdivision.
2    (H) Public Employee. "Public employee" means an employee of
3the State, agency or department thereof, unit of local
4government, school district, instrumentality or political
5subdivision. "Public employee" does not include public
6officers or employees of the General Assembly or agencies
8    (I) Public Officer. "Public officer" means a person who is
9elected to office pursuant to the Constitution or a statute or
10ordinance, or who is appointed to an office which is
11established, and the qualifications and duties of which are
12prescribed, by the Constitution or a statute or ordinance, to
13discharge a public duty for the State, agency or department
14thereof, unit of local government, school district,
15instrumentality or political subdivision.
16    (J) Eligible Bidder. "Eligible bidder" means a person who,
17prior to a bid opening, has filed with the Department a
18properly completed, sworn and currently valid employer report
19form, pursuant to the Department's regulations. The provisions
20of this Article relating to eligible bidders apply only to bids
21on contracts with the State and its departments, agencies,
22boards, and commissions, and the provisions do not apply to
23bids on contracts with units of local government or school
25    (K) Citizenship Status. "Citizenship status" means the
26status of being:



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1        (1) a born U.S. citizen;
2        (2) a naturalized U.S. citizen;
3        (3) a U.S. national; or
4        (4) a person born outside the United States and not a
5    U.S. citizen who is not an unauthorized alien and who is
6    protected from discrimination under the provisions of
7    Section 1324b of Title 8 of the United States Code, as now
8    or hereafter amended.
9(Source: P.A. 97-877, eff. 8-2-12.)
10    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
11    Sec. 2-102. Civil Rights Violations - Employment. It is a
12civil rights violation:
13    (A) Employers. For any employer to refuse to hire, to
14segregate, or to act with respect to recruitment, hiring,
15promotion, renewal of employment, selection for training or
16apprenticeship, discharge, discipline, tenure or terms,
17privileges or conditions of employment on the basis of unlawful
18discrimination or citizenship status.
19    (A-5) Language. For an employer to impose a restriction
20that has the effect of prohibiting a language from being spoken
21by an employee in communications that are unrelated to the
22employee's duties.
23    For the purposes of this subdivision (A-5), "language"
24means a person's native tongue, such as Polish, Spanish, or
25Chinese. "Language" does not include such things as slang,



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



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



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1    Section or to refuse to honor documents tendered that on
2    their face reasonably appear to be genuine; or
3        (2) for an employer participating in the E-Verify
4    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
5    Programs for Employment Eligibility Confirmation (enacted
6    by PL 104-208, div. C title IV, subtitle A) to refuse to
7    hire, to segregate, or to act with respect to recruitment,
8    hiring, promotion, renewal of employment, selection for
9    training or apprenticeship, discharge, discipline, tenure
10    or terms, privileges or conditions of employment without
11    following the procedures under the E-Verify Program.
12    (H) (Blank). Pregnancy; peace officers and fire fighters.
13For a public employer to refuse to temporarily transfer a
14pregnant female peace officer or pregnant female fire fighter
15to a less strenuous or hazardous position for the duration of
16her pregnancy if she so requests, with the advice of her
17physician, where that transfer can be reasonably accommodated.
18For the purposes of this subdivision (H), "peace officer" and
19"fire fighter" have the meanings ascribed to those terms in
20Section 3 of the Illinois Public Labor Relations Act.
21    It is not a civil rights violation for an employer to take
22any action that is required by Section 1324a of Title 8 of the
23United States Code, as now or hereafter amended.
24    (I) Pregnancy. For an employer to refuse to hire, to
25segregate, or to act with respect to recruitment, hiring,
26promotion, renewal of employment, selection for training or



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1apprenticeship, discharge, discipline, tenure or terms,
2privileges or conditions of employment on the basis of
3pregnancy, childbirth, or related medical or common conditions
4related to pregnancy or childbirth. Women affected by
5pregnancy, childbirth, or related medical or common conditions
6related to pregnancy or childbirth shall be treated the same
7for all employment-related purposes, including receipt of
8benefits under fringe benefit programs, as other persons not so
9affected but similar in their ability or inability to work,
10regardless of the source of the inability to work or employment
11classification or status.
12    (J) Pregnancy; reasonable accommodations.
13        (1) If after a job applicant or employee, including a
14    part-time, full-time, or probationary employee, requests a
15    reasonable accommodation, for an employer to not make
16    reasonable accommodations for any medical or common
17    condition of a job applicant or employee related to
18    pregnancy or childbirth, unless the employer can
19    demonstrate that the accommodation would impose an undue
20    hardship on the ordinary operation of the business of the
21    employer. The employer may request documentation from the
22    employee's health care provider concerning the need for the
23    requested reasonable accommodation or accommodations to
24    the same extent documentation is requested for conditions
25    related to disability if the employer's request for
26    documentation is job-related and consistent with business



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1    necessity. The employer may require only the medical
2    justification for the requested accommodation or
3    accommodations, a description of the reasonable
4    accommodation or accommodations medically advisable, the
5    date the reasonable accommodation or accommodations became
6    medically advisable, and the probable duration of the
7    reasonable accommodation or accommodations. It is the duty
8    of the individual seeking a reasonable accommodation or
9    accommodations to submit to the employer any documentation
10    that is requested in accordance with this paragraph.
11    Notwithstanding the provisions of this paragraph, the
12    employer may require documentation by the employee's
13    health care provider to determine compliance with other
14    laws. The employee and employer shall engage in a timely,
15    good faith, and meaningful exchange to determine effective
16    reasonable accommodations.
17        (2) For an employer to deny employment opportunities or
18    benefits to or take adverse action against an otherwise
19    qualified job applicant or employee, including a
20    part-time, full-time, or probationary employee, if the
21    denial or adverse action is based on the need of the
22    employer to make reasonable accommodations to the known
23    medical or common conditions related to the pregnancy or
24    childbirth of the applicant or employee.
25        (3) For an employer to require a job applicant or
26    employee, including a part-time, full-time, or



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1    probationary employee, affected by pregnancy, childbirth,
2    or medical or common conditions related to pregnancy or
3    childbirth to accept an accommodation when the applicant or
4    employee did not request an accommodation and the applicant
5    or employee chooses not to accept the employer's
6    accommodation.
7        (4) For an employer to require an employee, including a
8    part-time, full-time, or probationary employee, to take
9    leave under any leave law or policy of the employer if
10    another reasonable accommodation can be provided to the
11    known medical or common conditions related to the pregnancy
12    or childbirth of an employee. No employer shall fail or
13    refuse to reinstate the employee affected by pregnancy,
14    childbirth, or medical or common conditions related to
15    pregnancy or childbirth to her original job or to an
16    equivalent position with equivalent pay and accumulated
17    seniority, retirement, fringe benefits, and other
18    applicable service credits upon her signifying her intent
19    to return or when her need for reasonable accommodation
20    ceases, unless the employer can demonstrate that the
21    accommodation would impose an undue hardship on the
22    ordinary operation of the business of the employer.
23    For the purposes of this subdivision (J), "reasonable
24accommodations" means reasonable modifications or adjustments
25to the job application process or work environment, or to the
26manner or circumstances under which the position desired or



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1held is customarily performed, that enable an applicant or
2employee affected by pregnancy, childbirth, or medical or
3common conditions related to pregnancy or childbirth to be
4considered for the position the applicant desires or to perform
5the essential functions of that position, and may include, but
6is not limited to: more frequent or longer bathroom breaks,
7breaks for increased water intake, and breaks for periodic
8rest; private non-bathroom space for expressing breast milk and
9breastfeeding; seating; assistance with manual labor; light
10duty; temporary transfer to a less strenuous or hazardous
11position; the provision of an accessible worksite; acquisition
12or modification of equipment; job restructuring; a part-time or
13modified work schedule; appropriate adjustment or
14modifications of examinations, training materials, or
15policies; reassignment to a vacant position; time off to
16recover from conditions related to childbirth; and leave
17necessitated by pregnancy, childbirth, or medical or common
18conditions resulting from pregnancy or childbirth.
19    For the purposes of this subdivision (J), "undue hardship"
20means an action that is prohibitively expensive or disruptive
21when considered in light of the following factors: (i) the
22nature and cost of the accommodation needed; (ii) the overall
23financial resources of the facility or facilities involved in
24the provision of the reasonable accommodation, the number of
25persons employed at the facility, the effect on expenses and
26resources, or the impact otherwise of the accommodation upon



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1the operation of the facility; (iii) the overall financial
2resources of the employer, the overall size of the business of
3the employer with respect to the number of its employees, and
4the number, type, and location of its facilities; and (iv) the
5type of operation or operations of the employer, including the
6composition, structure, and functions of the workforce of the
7employer, the geographic separateness, administrative, or
8fiscal relationship of the facility or facilities in question
9to the employer. The employer has the burden of proving undue
10hardship. The fact that the employer provides or would be
11required to provide a similar accommodation to similarly
12situated employees creates a rebuttable presumption that the
13accommodation does not impose an undue hardship on the
15    No employer is required by this subdivision (J) to create
16additional employment that the employer would not otherwise
17have created, unless the employer does so or would do so for
18other classes of employees who need accommodation. The employer
19is not required to discharge any employee, transfer any
20employee with more seniority, or promote any employee who is
21not qualified to perform the job, unless the employer does so
22or would do so to accommodate other classes of employees who
23need it.
24    (K) Notice.
25        (1) For an employer to fail to post or keep posted in a
26    conspicuous location on the premises of the employer where



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1    notices to employees are customarily posted, or fail to
2    include in any employee handbook information concerning an
3    employee's rights under this Article, a notice, to be
4    prepared or approved by the Department, summarizing the
5    requirements of this Article and information pertaining to
6    the filing of a charge, including the right to be free from
7    unlawful discrimination and the right to certain
8    reasonable accommodations. The Department shall make the
9    documents required under this paragraph available for
10    retrieval from the Department's website.
11        (2) Upon notification of a violation of paragraph (1)
12    of this subdivision (K), the Department may launch a
13    preliminary investigation. If the Department finds a
14    violation, the Department may issue a notice to show cause
15    giving the employer 30 days to correct the violation. If
16    the violation is not corrected, the Department may initiate
17    a charge of a civil rights violation.
18(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
19    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
20    Sec. 6-101. Additional Civil Rights Violations. It is a
21civil rights violation for a person, or for two or more persons
22to conspire, to:
23        (A) Retaliation. Retaliate against a person because he
24    or she has opposed that which he or she reasonably and in
25    good faith believes to be unlawful discrimination, sexual



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1    harassment in employment or sexual harassment in
2    elementary, secondary, and higher education,
3    discrimination based on citizenship status in employment,
4    or because he or she has made a charge, filed a complaint,
5    testified, assisted, or participated in an investigation,
6    proceeding, or hearing under this Act, or because he or she
7    has requested, attempted to request, used, or attempted to
8    use a reasonable accommodation as allowed by this Act;
9        (B) Aiding and Abetting; Coercion. Aid, abet, compel or
10    coerce a person to commit any violation of this Act;
11        (C) Interference. Wilfully interfere with the
12    performance of a duty or the exercise of a power by the
13    Commission or one of its members or representatives or the
14    Department or one of its officers or employees.
15    Definitions. For the purposes of this Section, "sexual
16harassment" and "citizenship status" shall have the same
17meaning as defined in Section 2-101 of this Act.
18(Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.)
19    Section 99. Effective date. This Act takes effect January
201, 2015.