Illinois General Assembly - Full Text of HB0008
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Full Text of HB0008  98th General Assembly

HB0008ham001 98TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 2/27/2014

 

 


 

 


 
09800HB0008ham001LRB098 00001 HEP 55912 a

1
AMENDMENT TO HOUSE BILL 8

2    AMENDMENT NO. ______. Amend House Bill 8 by replacing
3everything after the enacting clause with the following:
 
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, childbearing,
12    or related conditions are often forced to take unpaid leave
13    or are fired, despite the availability of reasonable
14    accommodations that would allow them to continue to work.
15    The most frequent accommodations involve limits on
16    lifting, access to places to sit, and more frequent
17    bathroom breaks.

 

 

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1        (3) Many pregnant women are single mothers or the
2    primary breadwinners for their families. If one of these
3    women loses her job, her whole family, and Illinois,
4    suffers.
5        (4) Employers are familiar with the reasonable
6    accommodations framework. Indeed, employers are required
7    to reasonably accommodate people with disabilities and
8    employees injured on the job. Sadly, many employers refuse
9    to provide reasonable accommodations or decline to extend
10    workplace injury policies to pregnant women.
11        (5) Women are nearly 50% of all workers in Illinois and
12    women of childbearing age are 54% of women workers. Failing
13    to provide reasonable accommodations to pregnant women
14    leads to lost wages, periods of unemployment, and lost
15    employment opportunities and job benefits such as
16    seniority, all of which have lifelong repercussions on
17    women's economic security and advancement and the
18    well-being of their families.
19        (6) Most women work during pregnancy. By continuing to
20    work, women can maintain and advance their economic
21    security. Moreover, women who work during pregnancy may be
22    able to take a longer period of leave following childbirth,
23    which in turn facilitates breastfeeding, bonding with and
24    caring for a new child, and recovering from childbirth.
25        (7) Enabling pregnant workers to work through
26    pregnancy is good for businesses. Providing pregnant

 

 

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1    employees with reasonable, temporary accommodations
2    increases worker productivity, retention, and morale,
3    decreases re-training costs, and reduces health care costs
4    associated with pregnancy complications.
 
5    Section 10. Purposes. The purposes of this Act are:
6        (1) to promote the State's interest in eradicating
7    gender discrimination, including discrimination based on
8    pregnancy, childbearing, or related conditions, and in
9    promoting women's equality;
10        (2) to address the failure of existing laws to protect
11    the employment rights of pregnant workers; and
12        (3) to ensure full and equal participation for women in
13    the labor force by requiring employers to provide
14    reasonable accommodations to employees with conditions
15    related to pregnancy, childbirth, or a related condition.
 
16    Section 15. The Illinois Human Rights Act is amended by
17changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as
18follows:
 
19    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
20    Sec. 1-102. Declaration of Policy. It is the public policy
21of this State:
22    (A) Freedom from Unlawful Discrimination. To secure for all
23individuals within Illinois the freedom from discrimination

 

 

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1against any individual because of his or her race, color,
2religion, sex, national origin, ancestry, age, order of
3protection status, marital status, physical or mental
4disability, military status, sexual orientation, pregnancy, or
5unfavorable discharge from military service in connection with
6employment, real estate transactions, access to financial
7credit, and the availability of public accommodations.
8    (B) Freedom from Sexual Harassment-Employment and
9Elementary, Secondary, and Higher Education. To prevent sexual
10harassment in employment and sexual harassment in elementary,
11secondary, and higher education.
12    (C) Freedom from Discrimination Based on Citizenship
13Status-Employment. To prevent discrimination based on
14citizenship status in employment.
15    (D) Freedom from Discrimination Based on Familial
16Status-Real Estate Transactions. To prevent discrimination
17based on familial status in real estate transactions.
18    (E) Public Health, Welfare and Safety. To promote the
19public health, welfare and safety by protecting the interest of
20all people in Illinois in maintaining personal dignity, in
21realizing their full productive capacities, and in furthering
22their interests, rights and privileges as citizens of this
23State.
24    (F) Implementation of Constitutional Guarantees. To secure
25and guarantee the rights established by Sections 17, 18 and 19
26of Article I of the Illinois Constitution of 1970.

 

 

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1    (G) Equal Opportunity, Affirmative Action. To establish
2Equal Opportunity and Affirmative Action as the policies of
3this State in all of its decisions, programs and activities,
4and to assure that all State departments, boards, commissions
5and instrumentalities rigorously take affirmative action to
6provide equality of opportunity and eliminate the effects of
7past discrimination in the internal affairs of State government
8and in their relations with the public.
9    (H) Unfounded Charges. To protect citizens of this State
10against unfounded charges of unlawful discrimination, sexual
11harassment in employment and sexual harassment in elementary,
12secondary, and higher education, and discrimination based on
13citizenship status in employment.
14(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10;
1596-1319, eff. 7-27-10.)
 
16    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
17    Sec. 1-103. General Definitions. When used in this Act,
18unless the context requires otherwise, the term:
19    (A) Age. "Age" means the chronological age of a person who
20is at least 40 years old, except with regard to any practice
21described in Section 2-102, insofar as that practice concerns
22training or apprenticeship programs. In the case of training or
23apprenticeship programs, for the purposes of Section 2-102,
24"age" means the chronological age of a person who is 18 but not
25yet 40 years old.

 

 

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1    (B) Aggrieved Party. "Aggrieved party" means a person who
2is alleged or proved to have been injured by a civil rights
3violation or believes he or she will be injured by a civil
4rights violation under Article 3 that is about to occur.
5    (C) Charge. "Charge" means an allegation filed with the
6Department by an aggrieved party or initiated by the Department
7under its authority.
8    (D) Civil Rights Violation. "Civil rights violation"
9includes and shall be limited to only those specific acts set
10forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
113-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
126-101, and 6-102 of this Act.
13    (E) Commission. "Commission" means the Human Rights
14Commission created by this Act.
15    (F) Complaint. "Complaint" means the formal pleading filed
16by the Department with the Commission following an
17investigation and finding of substantial evidence of a civil
18rights violation.
19    (G) Complainant. "Complainant" means a person including
20the Department who files a charge of civil rights violation
21with the Department or the Commission.
22    (H) Department. "Department" means the Department of Human
23Rights created by this Act.
24    (I) Disability. "Disability" means a determinable physical
25or mental characteristic of a person, including, but not
26limited to, a determinable physical characteristic which

 

 

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1necessitates the person's use of a guide, hearing or support
2dog, the history of such characteristic, or the perception of
3such characteristic by the person complained against, which may
4result from disease, injury, congenital condition of birth or
5functional disorder and which characteristic:
6        (1) For purposes of Article 2 is unrelated to the
7    person's ability to perform the duties of a particular job
8    or position and, pursuant to Section 2-104 of this Act, a
9    person's illegal use of drugs or alcohol is not a
10    disability;
11        (2) For purposes of Article 3, is unrelated to the
12    person's ability to acquire, rent or maintain a housing
13    accommodation;
14        (3) For purposes of Article 4, is unrelated to a
15    person's ability to repay;
16        (4) For purposes of Article 5, is unrelated to a
17    person's ability to utilize and benefit from a place of
18    public accommodation;
19        (5) For purposes of Article 5, also includes any
20    mental, psychological, or developmental disability,
21    including autism spectrum disorders.
22    (J) Marital Status. "Marital status" means the legal status
23of being married, single, separated, divorced or widowed.
24    (J-1) Military Status. "Military status" means a person's
25status on active duty in or status as a veteran of the armed
26forces of the United States, status as a current member or

 

 

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1veteran of any reserve component of the armed forces of the
2United States, including the United States Army Reserve, United
3States Marine Corps Reserve, United States Navy Reserve, United
4States Air Force Reserve, and United States Coast Guard
5Reserve, or status as a current member or veteran of the
6Illinois Army National Guard or Illinois Air National Guard.
7    (K) National Origin. "National origin" means the place in
8which a person or one of his or her ancestors was born.
9    (K-5) "Order of protection status" means a person's status
10as being a person protected under an order of protection issued
11pursuant to the Illinois Domestic Violence Act of 1986 or an
12order of protection issued by a court of another state.
13    (L) Person. "Person" includes one or more individuals,
14partnerships, associations or organizations, labor
15organizations, labor unions, joint apprenticeship committees,
16or union labor associations, corporations, the State of
17Illinois and its instrumentalities, political subdivisions,
18units of local government, legal representatives, trustees in
19bankruptcy or receivers.
20    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
21or related conditions.
22    (M) Public Contract. "Public contract" includes every
23contract to which the State, any of its political subdivisions
24or any municipal corporation is a party.
25    (N) Religion. "Religion" includes all aspects of religious
26observance and practice, as well as belief, except that with

 

 

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1respect to employers, for the purposes of Article 2, "religion"
2has the meaning ascribed to it in paragraph (F) of Section
32-101.
4    (O) Sex. "Sex" means the status of being male or female.
5    (O-1) Sexual orientation. "Sexual orientation" means
6actual or perceived heterosexuality, homosexuality,
7bisexuality, or gender-related identity, whether or not
8traditionally associated with the person's designated sex at
9birth. "Sexual orientation" does not include a physical or
10sexual attraction to a minor by an adult.
11    (P) Unfavorable Military Discharge. "Unfavorable military
12discharge" includes discharges from the Armed Forces of the
13United States, their Reserve components or any National Guard
14or Naval Militia which are classified as RE-3 or the equivalent
15thereof, but does not include those characterized as RE-4 or
16"Dishonorable".
17    (Q) Unlawful Discrimination. "Unlawful discrimination"
18means discrimination against a person because of his or her
19race, color, religion, national origin, ancestry, age, sex,
20marital status, order of protection status, disability,
21military status, sexual orientation, pregnancy, or unfavorable
22discharge from military service as those terms are defined in
23this Section.
24(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
2597-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
 

 

 

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1    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
2    Sec. 2-101. Definitions. The following definitions are
3applicable strictly in the context of this Article.
4    (A) Employee.
5        (1) "Employee" includes:
6            (a) Any individual performing services for
7        remuneration within this State for an employer;
8            (b) An apprentice;
9            (c) An applicant for any apprenticeship.
10        (2) "Employee" does not include:
11            (a) Domestic servants in private homes;
12            (b) Individuals employed by persons who are not
13        "employers" as defined by this Act;
14            (c) Elected public officials or the members of
15        their immediate personal staffs;
16            (d) Principal administrative officers of the State
17        or of any political subdivision, municipal corporation
18        or other governmental unit or agency;
19            (e) A person in a vocational rehabilitation
20        facility certified under federal law who has been
21        designated an evaluee, trainee, or work activity
22        client.
23    (B) Employer.
24        (1) "Employer" includes:
25            (a) Any person employing 15 or more employees
26        within Illinois during 20 or more calendar weeks within

 

 

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1        the calendar year of or preceding the alleged
2        violation;
3            (b) Any person employing one or more employees when
4        a complainant alleges civil rights violation due to
5        unlawful discrimination based upon his or her physical
6        or mental disability unrelated to ability, pregnancy,
7        or sexual harassment;
8            (c) The State and any political subdivision,
9        municipal corporation or other governmental unit or
10        agency, without regard to the number of employees;
11            (d) Any party to a public contract without regard
12        to the number of employees;
13            (e) A joint apprenticeship or training committee
14        without regard to the number of employees.
15        (2) "Employer" does not include any religious
16    corporation, association, educational institution,
17    society, or non-profit nursing institution conducted by
18    and for those who rely upon treatment by prayer through
19    spiritual means in accordance with the tenets of a
20    recognized church or religious denomination with respect
21    to the employment of individuals of a particular religion
22    to perform work connected with the carrying on by such
23    corporation, association, educational institution, society
24    or non-profit nursing institution of its activities.
25    (C) Employment Agency. "Employment Agency" includes both
26public and private employment agencies and any person, labor

 

 

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1organization, or labor union having a hiring hall or hiring
2office regularly undertaking, with or without compensation, to
3procure opportunities to work, or to procure, recruit, refer or
4place employees.
5    (D) Labor Organization. "Labor Organization" includes any
6organization, labor union, craft union, or any voluntary
7unincorporated association designed to further the cause of the
8rights of union labor which is constituted for the purpose, in
9whole or in part, of collective bargaining or of dealing with
10employers concerning grievances, terms or conditions of
11employment, or apprenticeships or applications for
12apprenticeships, or of other mutual aid or protection in
13connection with employment, including apprenticeships or
14applications for apprenticeships.
15    (E) Sexual Harassment. "Sexual harassment" means any
16unwelcome sexual advances or requests for sexual favors or any
17conduct of a sexual nature when (1) submission to such conduct
18is made either explicitly or implicitly a term or condition of
19an individual's employment, (2) submission to or rejection of
20such conduct by an individual is used as the basis for
21employment decisions affecting such individual, or (3) such
22conduct has the purpose or effect of substantially interfering
23with an individual's work performance or creating an
24intimidating, hostile or offensive working environment.
25    (F) Religion. "Religion" with respect to employers
26includes all aspects of religious observance and practice, as

 

 

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1well as belief, unless an employer demonstrates that he is
2unable to reasonably accommodate an employee's or prospective
3employee's religious observance or practice without undue
4hardship on the conduct of the employer's business.
5    (G) Public Employer. "Public employer" means the State, an
6agency or department thereof, unit of local government, school
7district, instrumentality or political subdivision.
8    (H) Public Employee. "Public employee" means an employee of
9the State, agency or department thereof, unit of local
10government, school district, instrumentality or political
11subdivision. "Public employee" does not include public
12officers or employees of the General Assembly or agencies
13thereof.
14    (I) Public Officer. "Public officer" means a person who is
15elected to office pursuant to the Constitution or a statute or
16ordinance, or who is appointed to an office which is
17established, and the qualifications and duties of which are
18prescribed, by the Constitution or a statute or ordinance, to
19discharge a public duty for the State, agency or department
20thereof, unit of local government, school district,
21instrumentality or political subdivision.
22    (J) Eligible Bidder. "Eligible bidder" means a person who,
23prior to a bid opening, has filed with the Department a
24properly completed, sworn and currently valid employer report
25form, pursuant to the Department's regulations. The provisions
26of this Article relating to eligible bidders apply only to bids

 

 

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1on contracts with the State and its departments, agencies,
2boards, and commissions, and the provisions do not apply to
3bids on contracts with units of local government or school
4districts.
5    (K) Citizenship Status. "Citizenship status" means the
6status of being:
7        (1) a born U.S. citizen;
8        (2) a naturalized U.S. citizen;
9        (3) a U.S. national; or
10        (4) a person born outside the United States and not a
11    U.S. citizen who is not an unauthorized alien and who is
12    protected from discrimination under the provisions of
13    Section 1324b of Title 8 of the United States Code, as now
14    or hereafter amended.
15(Source: P.A. 97-877, eff. 8-2-12.)
 
16    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
17    Sec. 2-102. Civil Rights Violations - Employment. It is a
18civil rights violation:
19    (A) Employers. For any employer to refuse to hire, to
20segregate, or to act with respect to recruitment, hiring,
21promotion, renewal of employment, selection for training or
22apprenticeship, discharge, discipline, tenure or terms,
23privileges or conditions of employment on the basis of unlawful
24discrimination or citizenship status.
25    (A-5) Language. For an employer to impose a restriction

 

 

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1that has the effect of prohibiting a language from being spoken
2by an employee in communications that are unrelated to the
3employee's duties.
4    For the purposes of this subdivision (A-5), "language"
5means a person's native tongue, such as Polish, Spanish, or
6Chinese. "Language" does not include such things as slang,
7jargon, profanity, or vulgarity.
8    (B) Employment Agency. For any employment agency to fail or
9refuse to classify properly, accept applications and register
10for employment referral or apprenticeship referral, refer for
11employment, or refer for apprenticeship on the basis of
12unlawful discrimination or citizenship status or to accept from
13any person any job order, requisition or request for referral
14of applicants for employment or apprenticeship which makes or
15has the effect of making unlawful discrimination or
16discrimination on the basis of citizenship status a condition
17of referral.
18    (C) Labor Organization. For any labor organization to
19limit, segregate or classify its membership, or to limit
20employment opportunities, selection and training for
21apprenticeship in any trade or craft, or otherwise to take, or
22fail to take, any action which affects adversely any person's
23status as an employee or as an applicant for employment or as
24an apprentice, or as an applicant for apprenticeships, or
25wages, tenure, hours of employment or apprenticeship
26conditions on the basis of unlawful discrimination or

 

 

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1citizenship status.
2    (D) Sexual Harassment. For any employer, employee, agent of
3any employer, employment agency or labor organization to engage
4in sexual harassment; provided, that an employer shall be
5responsible for sexual harassment of the employer's employees
6by nonemployees or nonmanagerial and nonsupervisory employees
7only if the employer becomes aware of the conduct and fails to
8take reasonable corrective measures.
9    (E) Public Employers. For any public employer to refuse to
10permit a public employee under its jurisdiction who takes time
11off from work in order to practice his or her religious beliefs
12to engage in work, during hours other than such employee's
13regular working hours, consistent with the operational needs of
14the employer and in order to compensate for work time lost for
15such religious reasons. Any employee who elects such deferred
16work shall be compensated at the wage rate which he or she
17would have earned during the originally scheduled work period.
18The employer may require that an employee who plans to take
19time off from work in order to practice his or her religious
20beliefs provide the employer with a notice of his or her
21intention to be absent from work not exceeding 5 days prior to
22the date of absence.
23    (F) Training and Apprenticeship Programs. For any
24employer, employment agency or labor organization to
25discriminate against a person on the basis of age in the
26selection, referral for or conduct of apprenticeship or

 

 

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1training programs.
2    (G) Immigration-Related Practices.
3        (1) for an employer to request for purposes of
4    satisfying the requirements of Section 1324a(b) of Title 8
5    of the United States Code, as now or hereafter amended,
6    more or different documents than are required under such
7    Section or to refuse to honor documents tendered that on
8    their face reasonably appear to be genuine; or
9        (2) for an employer participating in the E-Verify
10    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
11    Programs for Employment Eligibility Confirmation (enacted
12    by PL 104-208, div. C title IV, subtitle A) to refuse to
13    hire, to segregate, or to act with respect to recruitment,
14    hiring, promotion, renewal of employment, selection for
15    training or apprenticeship, discharge, discipline, tenure
16    or terms, privileges or conditions of employment without
17    following the procedures under the E-Verify Program.
18    (H) (Blank). Pregnancy; peace officers and fire fighters.
19For a public employer to refuse to temporarily transfer a
20pregnant female peace officer or pregnant female fire fighter
21to a less strenuous or hazardous position for the duration of
22her pregnancy if she so requests, with the advice of her
23physician, where that transfer can be reasonably accommodated.
24For the purposes of this subdivision (H), "peace officer" and
25"fire fighter" have the meanings ascribed to those terms in
26Section 3 of the Illinois Public Labor Relations Act.

 

 

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1    It is not a civil rights violation for an employer to take
2any action that is required by Section 1324a of Title 8 of the
3United States Code, as now or hereafter amended.
4    (I) Pregnancy. For an employer to refuse to hire, to
5segregate, or to act with respect to recruitment, hiring,
6promotion, renewal of employment, selection for training or
7apprenticeship, discharge, discipline, tenure or terms,
8privileges or conditions of employment on the basis of
9pregnancy, childbirth, or related medical conditions. Women
10affected by pregnancy, childbirth, or related medical
11conditions shall be treated the same for all employment-related
12purposes, including receipt of benefits under fringe benefit
13programs, as other persons not so affected but similar in their
14ability or inability to work, regardless of the source of the
15inability to work or employment classification or status,
16including part-time, full-time, or probationary.
17    (J) Pregnancy; reasonable accommodations.
18        (1) For an employer to not make reasonable
19    accommodations for any condition of a job applicant or
20    employee related to pregnancy, childbirth, or a related
21    condition, if she so requests, unless the employer can
22    demonstrate that the accommodation would impose an undue
23    hardship on the ordinary operation of the business of the
24    employer. If the employer requests a certificate from the
25    employee's health care provider concerning the medical
26    advisability of a reasonable accommodation that is

 

 

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1    otherwise consistent with federal and State law, the
2    employer may require only a description of the reasonable
3    accommodation or accommodations medically advisable, the
4    date the reasonable accommodation or accommodations became
5    medically advisable, and the probable duration of the
6    reasonable accommodation or accommodations. The employer
7    shall engage in a timely, good faith, and meaningful
8    exchange with the employee to determine effective
9    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, childbirth, or related conditions of the
16    applicant or employee.
17        (3) For an employer to require a job applicant or
18    employee affected by pregnancy, childbirth, or related
19    conditions to accept an accommodation that the applicant or
20    employee chooses not to accept.
21        (4) For an employer to require an employee to take
22    leave under any leave law or policy of the employer if
23    another reasonable accommodation can be provided to the
24    known conditions related to the pregnancy, childbirth, or
25    related conditions of an employee. No employer shall fail
26    or refuse to reinstate the employee affected by pregnancy,

 

 

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1    childbirth, or related conditions to her original job or to
2    an equivalent position with equivalent pay and accumulated
3    seniority, retirement, fringe benefits, and other
4    applicable service credits upon her signifying her intent
5    to return or when her need for reasonable accommodation
6    ceases.
7    For the purposes of this subdivision (J), "reasonable
8accommodations" means reasonable modifications or adjustments
9to the job application process or work environment, or to the
10manner or circumstances under which the position desired or
11held is customarily performed, that enable an applicant or
12employee affected by pregnancy, childbirth, or related
13conditions to be considered for the position the applicant
14desires or to perform the functions of that position,
15including, but not limited to: more frequent or longer bathroom
16breaks, breaks for increased water intake, and breaks for
17periodic rest; private non-bathroom space for expressing
18breast milk and breastfeeding; seating; assistance with manual
19labor; light duty; temporary transfer to a less strenuous or
20hazardous position; the provision of an accessible worksite;
21acquisition or modification of equipment; job restructuring; a
22part-time or modified work schedule; appropriate adjustment or
23modifications of examinations, training materials, or
24policies; reassignment to a vacant position; time off to
25recover from childbirth; and leave.
26    For the purposes of this subdivision (J), "undue hardship"

 

 

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1means an action that is prohibitively expensive or disruptive
2when considered in light of the following factors: (i) the
3nature and cost of the accommodation needed; (ii) the overall
4financial resources of the facility or facilities involved in
5the provision of the reasonable accommodation, the number of
6persons employed at such facility, the effect on expenses and
7resources, or the impact otherwise of the accommodation upon
8the operation of the facility; (iii) the overall financial
9resources of the employer, the overall size of the business of
10the employer with respect to the number of its employees, and
11the number, type, and location of its facilities; and (iv) the
12type of operation or operations of the employer, including the
13composition, structure, and functions of the workforce of the
14employer, the geographic separateness, administrative, or
15fiscal relationship of the facility or facilities in question
16to the employer. The employer has the burden of proving undue
17hardship. The fact that the employer provides or would be
18required to provide a similar accommodation to other classes of
19employees who need it creates a rebuttable presumption that the
20accommodation does not impose an undue hardship on the
21employer.
22    No employer is required by this subdivision (J) to create
23additional employment that the employer would not otherwise
24have created, unless the employer does so or would do so for
25other classes of employees who need accommodation. The employer
26is not required to discharge any employee, transfer any

 

 

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1employee with more seniority, or promote any employee who is
2not qualified to perform the job, unless the employer does so
3or would do so to accommodate other classes of employees who
4need it.
5    (K) Notice. For an employer to fail to post or keep posted
6in a conspicuous location on the premises of the employer where
7notices to employees are customarily posted, or fail to include
8in any employee handbook information concerning an employee's
9rights under this Article, a notice, to be prepared or approved
10by the Department, summarizing the requirements of this Article
11and information pertaining to the filing of a charge, including
12the right to be free from unlawful discrimination and the right
13to certain reasonable accommodations. The Department shall
14furnish copies of summaries and rules to employers upon request
15without charge.
16(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)
 
17    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
18    Sec. 6-101. Additional Civil Rights Violations. It is a
19civil rights violation for a person, or for two or more persons
20to conspire, to:
21        (A) Retaliation. Retaliate against a person because he
22    or she has opposed that which he or she reasonably and in
23    good faith believes to be unlawful discrimination, sexual
24    harassment in employment or sexual harassment in
25    elementary, secondary, and higher education,

 

 

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