SB1829 101ST GENERAL ASSEMBLY

LRB101 10761 LNS 55883 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1829

Introduced 2/15/2019, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:

See Index

Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Article 1.

Section 1-1. Short title. This Article may be cited as the Workplace Transparency Act. References in this Article to "this Act" mean this Article.

Section 1-5. Definitions. As used in this Act:

"Applicant" means an applicant for employment as an employee.

"Doing business with this State" means an entity or any of its subsidiaries or parent entities receiving State funds exceeding $100,000 in exchange for goods or services provided to the State or a third party. "Doing business with this State" includes, but is not limited to, persons or entities performing public work on State contracts, merchants of goods and services purchased by the State, and persons or entities providing services to third parties in exchange for funds provided directly by the State.

"Employee" has the same meaning as set forth in Section 2-101 of the Illinois Human Rights Act.

"Employer" has the same meaning as set forth in Section 2-101 of the Illinois Human Rights Act.

"Forced arbitration clause" means a provision in a contract or agreement requiring that disputes between the parties to the contract or agreement are subjected to a binding dispute resolution procedure separate from federal or State judicial or administrative process, including contracts or agreements that either contain or do not provide the right to opt out of the agreement at a later date.

"Nondisclosure clause" means a provision in a contract or agreement establishing that the parties to the contract or agreement agree not to disclose information covered by the terms and conditions of the contract or agreement.

"Nondisparagement clause" means a provision in a contract or agreement requiring one or more parties to the contract or agreement not to make negative statements about the other.

"Sexual harassment" has the same meaning as set forth in Section 2-101 of the Illinois Human Rights Act.

Section 1-10. Prohibitions.

(a) An employer may not enter into a contract or agreement with an employee or applicant, as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship, or as a term, condition, or privilege of employment, if that contract or agreement contains a nondisclosure or nondisparagement clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Any such nondisclosure or nondisparagement clause is severable, and all other provisions of the employment contract shall remain in effect.

(b) Notwithstanding any other provision of law, an employer may not enforce or attempt to enforce a nondisparagement clause or nondisclosure clause described in subsection (a).

(c) Except where inconsistent with federal law, an employer may not enter into a contract or agreement with an employee or applicant, as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship, or as a term, condition, or privilege of employment, if that contract or agreement contains a forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Any such forced arbitration clause is severable, and all other provisions of the employment contract shall remain in effect.

(d) Any forced arbitration clause in an employment contract is invalid, unenforceable, and void if the enforceability of the forced arbitration clause is governed by State law. A forced arbitration clause that is part of any written contract of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce or otherwise exempted from the Federal Arbitration Act is unenforceable and void. Any such forced arbitration clause is severable, and all other provisions of the employment contract shall remain in effect.

(e) Except where inconsistent with federal law, an employer may not enforce or attempt to enforce a forced arbitration clause described in subsections (c) and (d).

Section 1-15. Voidable agreements. A contract or agreement containing a provision contrary to this Act that was entered into on or before the effective date of this Act shall be voidable by a party who entered into it under any of the following circumstances:

(1) while under duress in the execution of the contract or agreement;

(2) while incompetent or impaired at the time of execution of the contract or agreement; or

(3) while a minor at the time of execution of the contract or agreement, regardless of whether the person was represented at the time by counsel, a guardian, or a parent.

Section 1-20. Unconscionable terms.

(a) There is a rebuttable presumption that the following contractual terms are unconscionable if they are included in an employment contract or agreement and the employee or applicant does not draft the contract or agreement:

(1) A requirement that resolution of legal claims take place in an inconvenient venue. As used in this paragraph, "inconvenient venue" means: (i) for State law claims, a place other than the county in which the employee or applicant resides or the contract was consummated; and (ii) for federal law claims, a place other than the federal judicial district in which the employee or applicant resides or the contract was consummated.

(2) A waiver of the employee or applicant's right to assert claims or seek remedies provided by State or federal statute.

(3) A waiver of the employee or applicant's right to seek punitive damages as provided by law.

(4) A provision limiting the time that an employee or applicant may bring an action to a period shorter than the applicable statute of limitations.

(5) A requirement that the employee or applicant pay fees and costs to bring a legal claim substantially in excess of the fees and costs that State or federal courts require to bring a claim.

(b) An employer may not include one of the presumptively unconscionable terms identified in subsection (a) in an employment contract or agreement if the employee or applicant does not draft the contract.

Section 1-25. Settlement or separation agreements.

(a) This Act does not apply to a nondisclosure clause or nondisparagement clause contained in a settlement agreement or separation agreement that resolves legal claims or disputes if:

(1) the legal claims accrued or the disputes arose before the settlement agreement or separation agreement was executed;

(2) the clauses are mutually agreed upon and mutually benefit both the employer and the employee;

(3) the settlement or separation agreement is provided to all parties and the employee or applicant has 21 days to consider the agreement before it is executed; and

(4) for a period of at least 7 days following execution of the agreement, the employee or applicant has the right to revoke the agreement and the agreement is not effective or enforceable until the revocation period has expired.

(b) An employer may not unilaterally include a nondisclosure clause or nondisparagement clause that solely benefits the employer in a separation or settlement agreement.

(c) Notwithstanding signing, before or after the effective date of this Act, a settlement or separation agreement containing a nondisclosure or nondisparagement clause, an employee or applicant retains any right that person would otherwise have had to report a concern about workplace harassment or discrimination, including sexual harassment or another violation of the law, to the Department of Human Rights or any other federal, State, or local agency, and any right that person would otherwise have had to bring an action in a court of this State or of the United States.

Section 1-30. Enforcement. A violation of this Act constitutes a civil rights violation under the Illinois Human Rights Act.

Section 1-35. Application. If there is a conflict between any collective bargaining agreement and this Act, the collective bargaining agreement controls.

Section 1-40. Conditions on entities doing business with this State.

(a) An entity that includes forced arbitration clauses in any of its contracts or agreements with employees or applicants is prohibited from doing business with this State, unless 180 days before doing business with this State, the entity, or its parent entity or subsidiary, provides reasonable notice to employees or applicants that it will cease enforcing forced arbitration clauses in employment contracts or agreements.

(b) An entity, or any of its parent entities or subsidiaries, is prohibited from doing business with this State if that entity, or any of its parent entities or subsidiaries, enforces forced arbitration clauses against any employee or applicant.

(c) Before the privilege of doing business with this State is granted to any entity, the State agency representing this State in the business relationship shall confirm that the entity, its parent entities, and its subsidiaries do not form or enforce forced arbitration clauses against employees or applicants, and shall ensure, where appropriate, that a contract between this State and the entity includes a provision prohibiting that entity, its parent entities, and its subsidiaries from forming or enforcing forced arbitration clauses.

(d) If the Attorney General, after giving an entity doing business with this State notice and an opportunity to be heard, concludes that the entity has violated this Section, the Attorney General shall notify all State agencies doing business with the entity about the violation and may seek actual damages caused to this State by the violation.

(e) If a State agency receives notice from the Attorney General that an entity with whom the agency does business has violated this Section, the agency shall terminate its business dealings with the entity as soon as practical.

Section 1-45. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Article 2.

Section 2-5. The State Officials and Employees Ethics Act is amended by changing Section 5-65 as follows:

(5 ILCS 430/5-65)

Sec. 5-65. Prohibition on sexual harassment.

(a) All persons have a right to work in an environment free from sexual harassment. All persons subject to this Act are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.

(b) For purposes of this Act, "sexual harassment" means any unwelcome sexual advances, or requests for sexual favors, other verbal or physical conduct of a sexual nature, or any other conduct that has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment because of the individual's actual or perceived sex. This includes, but is not limited to, conduct of a sexual nature when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship.

(Source: P.A. 100-554, eff. 11-16-17.)

Section 2-10. The Lobbyist Registration Act is amended by changing Section 4.7 as follows:

(25 ILCS 170/4.7)

Sec. 4.7. Prohibition on sexual harassment.

(a) All persons have the right to work in an environment free from sexual harassment. All persons subject to this Act shall refrain from sexual harassment of any person.

(b) Beginning January 1, 2018, each natural person required to register as a lobbyist under this Act must complete, at least annually, a sexual harassment training program provided by the Secretary of State. A natural person registered under this Act must complete the training program no later than 30 days after registration or renewal under this Act. This requirement does not apply to a lobbying entity or a client that hires a lobbyist that (i) does not have employees of the lobbying entity or client registered as lobbyists, or (ii) does not have an actual presence in Illinois.

(c) No later than January 1, 2018, each natural person and any entity required to register under this Act shall have a written sexual harassment policy that shall include, at a minimum: (i) a prohibition on sexual harassment; (ii) details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General, or the Department of Human Rights; (iii) a prohibition on retaliation for reporting sexual harassment allegations, including availability of whistleblower protections under the State Officials and Employee Ethics Act, the Whistleblower Act, and the Illinois Human Rights Act; and (iv) the consequences of a violation of the prohibition on sexual harassment and the consequences for knowingly making a false report.

(d) For purposes of this Act, "sexual harassment" means any unwelcome sexual advances, or requests for sexual favors, other verbal or physical conduct of a sexual nature, or any other conduct that has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment because of the individual's actual or perceived sex. This includes, but is not limited to, conduct of a sexual nature when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. For the purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship.

(e) The Secretary of State shall adopt rules for the implementation of this Section. In order to provide for the expeditious and timely implementation of this Section, the Secretary of State shall adopt emergency rules under subsection (z) of Section 5-45 of the Illinois Administrative Procedure Act for the implementation of this Section no later than 60 days after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-554, eff. 11-16-17.)

Section 2-15. The Uniform Arbitration Act is amended by changing Section 1 as follows:

(710 ILCS 5/1) (from Ch. 10, par. 101)

Sec. 1. Validity of arbitration agreement. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable save upon such grounds as exist for the revocation of any contract, except: (1) as provided in the Workplace Transparency Act; and (2) that any agreement between a patient and a hospital or health care provider to submit to binding arbitration a claim for damages arising out of (i) (1) injuries alleged to have been received by a patient, or (ii) (2) death of a patient, due to hospital or health care provider negligence or other wrongful act, but not including intentional torts, is also subject to the Health Care Arbitration Act.

(Source: P.A. 80-1012; 80-1031.)

Section 2-20. The Code of Civil Procedure is amended by adding Section 2-2302 as follows:

(735 ILCS 5/2-2302 new)

Sec. 2-2302. Settlement of public hazard cases.

(a) This Section may be referred to as the Sunshine in Litigation Law.

(b) As used in this Section, "public hazard" means an instrumentality, including, but not limited to, any device, instrument, person, procedure, product, or a condition of a device, instrument, person, procedure, or product, that has caused and is likely to cause injury.

(c) Except as otherwise provided by this Section, no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard.

(d) Any portion of an agreement or contract that has the purpose or effect of concealing a public hazard, any information concerning a public hazard, or any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard, is void, contrary to public policy, and may not be enforced.

(e) A trade secret, as defined by Section 2 of the Illinois Trade Secrets Act, or other competitively sensitive, confidential, or proprietary information that is not pertinent to the public hazard shall remain confidential.

(f) Any substantially affected person, including, but not limited to, a representative of news media, has standing to contest an order, judgment, agreement, or contract that violates this Section. A person may contest an order, judgment, agreement, or contract that violates this Section by motion in the court that entered the order or judgment, or by bringing a declaratory judgment action.

(g) Upon motion and good cause shown by a party attempting to prevent disclosure of information or material that has not previously been disclosed, including, but not limited to, an alleged trade secret, the court shall examine the disputed information or material in camera. If the court finds that the information or material or portions thereof consist of information concerning a public hazard or information that may be useful to members of the public in protecting themselves from injury that may result from a public hazard, the court shall allow disclosure of the information or material. If allowing disclosure, the court shall allow disclosure of only that portion of the information or material necessary or useful to the public regarding the public hazard.

(h) Any portion of an agreement or contract that has the purpose or effect of concealing information relating to the settlement or resolution of any claim or action involving a public hazard against this State, its agencies, or subdivisions or against any municipality or constitutionally created body or commission is void, contrary to public policy, and may not be enforced. Any person has standing to contest an order, judgment, agreement, or contract that violates this Section. A person may contest an order, judgment, agreement, or contract that violates this subsection by motion in the court that entered the order or judgment, or by bringing a declaratory judgment action.

Any person having custody of any document, record, contract, or agreement relating to any settlement as set forth in this Section shall maintain the public record in compliance with the State Records Act.

A custodian who fails to disclose and provide any document, record, contract, or agreement pursuant to this Section is subject to the sanctions set forth in Section 11 of the State Records Act.

(i) A governmental entity, except a municipality or county, that settles a claim in tort involving a public hazard that requires the expenditure of public funds in excess of $5,000 shall provide notice of the settlement in the county in which the claim arose within 60 days of entering into the settlement; however, notice is not required if the settlement is approved by a court of competent jurisdiction.

Section 2-25. The Illinois Human Rights Act is amended by changing Sections 2-101, 5A-101, and 6-102 and by adding Sections 2-108 and 7-114 as follows:

(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)

Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Article.

(A) Employee.

(1) "Employee" includes:

(a) Any individual performing services for remuneration within this State for an employer, including, but not limited to, a contractor, subcontractor, vendor, consultant, or other person providing services pursuant to a contract in the workplace;

(b) An apprentice;

(c) An applicant for any apprenticeship.

For purposes of subsection (D) of Section 2-102 of this Act, "employee" also includes an unpaid intern. An unpaid intern is a person who performs work for an employer under the following circumstances:

(i) the employer is not committed to hiring the person performing the work at the conclusion of the intern's tenure;

(ii) the employer and the person performing the work agree that the person is not entitled to wages for the work performed; and

(iii) the work performed:

(I) supplements training given in an educational environment that may enhance the employability of the intern;

(II) provides experience for the benefit of the person performing the work;

(III) does not displace regular employees;

(IV) is performed under the close supervision of existing staff; and

(V) provides no immediate advantage to the employer providing the training and may occasionally impede the operations of the employer.

(2) "Employee" does not include:

(a) (Blank);

(b) Individuals employed by persons who are not "employers" as defined by this Act;

(c) Elected public officials or the members of their immediate personal staffs;

(d) Principal administrative officers of the State or of any political subdivision, municipal corporation or other governmental unit or agency;

(e) A person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee, or work activity client.

(B) Employer.

(1) "Employer" includes:

(a) Any person employing 15 or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;

(b) Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability, pregnancy, or sexual harassment;

(c) The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;

(d) Any party to a public contract without regard to the number of employees;

(e) A joint apprenticeship or training committee without regard to the number of employees.

(2) "Employer" does not include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution of its activities.

(C) Employment Agency. "Employment Agency" includes both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees.

(D) Labor Organization. "Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.

(E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual advances, or requests for sexual favors, other verbal or physical conduct of a sexual nature, or any other conduct that has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment because of the individual's actual or perceived sex. This includes, but is not limited to, conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship.

(F) Religion. "Religion" with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

(G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision.

(H) Public Employee. "Public employee" means an employee of the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. "Public employee" does not include public officers or employees of the General Assembly or agencies thereof.

(I) Public Officer. "Public officer" means a person who is elected to office pursuant to the Constitution or a statute or ordinance, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision.

(J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and currently valid employer report form, pursuant to the Department's regulations. The provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its departments, agencies, boards, and commissions, and the provisions do not apply to bids on contracts with units of local government or school districts.

(K) Citizenship Status. "Citizenship status" means the status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen;

(3) a U.S. national; or

(4) a person born outside the United States and not a U.S. citizen who is not an unauthorized alien and who is protected from discrimination under the provisions of Section 1324b of Title 8 of the United States Code, as now or hereafter amended.

(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, eff. 8-9-17.)

(775 ILCS 5/2-108 new)

Sec. 2-108. Employer disclosure requirements.

(A) Definitions. The following definitions are applicable strictly to this Section:

(1) "Employer" includes:

(a) any party to a public contract without regard to the number of employees;

(b) any person employing 100 or more employees within this State during 20 or more calendar weeks within the preceding calendar year; and

(c) the State and any political subdivision, municipal corporation, or other governmental unit or agency, without regard to the number of employees.

(2) "Settlement" means any commitment or agreement, without regard to whether the commitment or agreement is in writing, including any agreed judgment, stipulation, decree, agreement to settle, assurance of discontinuance, or otherwise, under which the employer directly or indirectly:

(a) provides to an individual compensation or other consideration because of an allegation that the individual has been a victim of sexual harassment or unlawful discrimination under this Act; or

(b) establishes conditions that affect the terms of the employment, including terminating the employment of the individual with the employer:

(i) because of the experience of the individual with, or the participation of the individual in, an alleged act of sexual harassment or unlawful discrimination under this Act; and

(ii) in exchange for which the individual agrees or commits not to bring legal, administrative, or any other type of action against the employer; or publicly disclose, for a period of any length, any information regarding the alleged act on which the commitment or agreement, as applicable, is based.

(B) Required disclosures. Beginning July 1, 2020, each employer under this Section must disclose annually to the Department of Human Rights the following information:

(1) the total number of settlements entered into during the preceding year by the employer, a corporate executive of the employer, or a subsidiary, a contractor, or a subcontractor of the employer that relate to any alleged act of sexual harassment or unlawful discrimination that:

(a) occurred in the workplace of the employer or a subsidiary, contractor, or subcontractor of the employer; or

(b) involved the behavior of an employee of the employer, a corporate executive of the employer, or a subsidiary, contractor, or subcontractor of the employer, without regard to whether that behavior occurred in the workplace of the employer, subsidiary, contractor, or subcontractor;

(2) the total and average dollar amount paid with respect to the settlements described in paragraph (1);

(3) how many settlements described in paragraph (1) are in each of the following categories:

(a) sexual harassment or discrimination on the basis of sex;

(b) discrimination or harassment on the basis of race, color, or national origin;

(c) discrimination or harassment on the basis of religion;

(d) discrimination or harassment on the basis of age;

(e) discrimination or harassment on the basis of disability;

(f) discrimination or harassment on the basis of military status or unfavorable discharge from military status;

(g) discrimination or harassment on the basis of sexual orientation or gender identity; and

(h) discrimination or harassment on the basis of any other characteristic protected under this Act;

(4) the total number of adverse judgments or administrative rulings during the preceding year based on claims of sexual harassment or unlawful discrimination brought under this Act, Title VII of the Civil Rights Act of 1964, or any other federal, State, or local law prohibiting sexual harassment or unlawful discrimination;

(5) the total and the average dollar amount of those adverse judgments or administrative rulings described in paragraph (4);

(6) whether any equitable relief was ordered against the employer in any adverse judgment or administrative ruling described in paragraph (4);

(7) how many adverse judgments or administrative rulings described in paragraph (4) are in each of the following categories:

(a) sexual harassment or discrimination on the basis of sex;

(b) discrimination or harassment on the basis of race, color, or national origin;

(c) discrimination or harassment on the basis of religion;

(d) discrimination or harassment on the basis of age;

(e) discrimination or harassment on the basis of disability;

(f) discrimination or harassment on the basis of military status or unfavorable discharge from military status;

(g) discrimination or harassment on the basis of sexual orientation or gender identity; and

(h) discrimination or harassment on the basis of any other characteristic protected under this Act;

(8) the average length of time required for the employer to resolve a complaint relating to sexual harassment or unlawful discrimination during the preceding year;

(9) as of the date on which the disclosure is made, the total number of complaints relating to sexual harassment or unlawful discrimination that the employer is working to resolve through:

(a) processes that are internal to the employer;

(b) mediation or arbitration; and

(c) litigation; and

(10) a description of measures taken by the employer or any subsidiary, contractor, or subcontractor of the employer to prevent sexual harassment and unlawful discrimination in the workplace.

(C) Prohibited disclosures. An employer may not disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required under this Section.

(D) Annual reporting. The Department shall publish an annual report containing an anonymized summary of the disclosures made under this Section and that report shall be filed with the General Assembly.

(E) Continuing violations. The Department shall open a preliminary investigation if the information disclosed under this Section identifies an employer, a corporate executive of the employer, or a subsidiary, contractor, or subcontractor of the employer who has:

(1) disclosed more than 10 separate settlements, adverse judgments, or administrative rulings in the preceding year; or

(2) disclosed settlements, adverse judgments, or administrative rulings requiring the employer to pay more than $1 million during the preceding year. If a continuing violation is found, the Department shall initiate a charge of a civil rights violation.

(G) Failure to report and penalties. If an employer fails to make any disclosures required under this Section, the Department shall issue a notice to show cause giving the employer 30 days to disclose the required information. If the employer does not make the required disclosures within 30 days, the Department shall initiate a charge of a civil rights violation.

(H) Rules. The Department shall adopt any rules it deems necessary for implementation of this Section.

(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)

Sec. 5A-101. Definitions. The following definitions are applicable strictly in the content of this Article, except that the term "sexual harassment in elementary, secondary, and higher education" as defined herein has the meaning herein ascribed to it whenever that term is used anywhere in this Act.

(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education" means: (1) a publicly or privately operated university, college, community college, junior college, business or vocational school, or other educational institution offering degrees and instruction beyond the secondary school level; or (2) a publicly or privately operated elementary school or secondary school.

(B) Degree. "Degree" means: (1) a designation, appellation, series of letters or words or other symbols which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic, business or vocational program of study offered beyond the secondary school level; or (2) a designation signifying that the recipient has graduated from an elementary school or secondary school.

(C) Student. "Student" means any individual admitted to or applying for admission to an institution of elementary, secondary, or higher education, or enrolled on a full or part time basis in a course or program of academic, business or vocational instruction offered by or through an institution of elementary, secondary, or higher education.

(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education representative" means and includes the president, chancellor or other holder of any executive office on the administrative staff of an institution of higher education, an administrator of an elementary school or secondary school, a member of the faculty of an institution of higher education, including but not limited to a dean or associate or assistant dean, a professor or associate or assistant professor, and a full or part time instructor or visiting professor, including a graduate assistant or other student who is employed on a temporary basis of less than full time as a teacher or instructor of any course or program of academic, business or vocational instruction offered by or through an institution of higher education, and any teacher, instructor, or other employee of an elementary school or secondary school.

(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in elementary, secondary, and higher education" means any unwelcome sexual advances, or requests for sexual favors, other verbal or physical conduct of a sexual nature, or any other conduct that has the purpose or effect of creating an intimidating, hostile, or offensive educational environment because of the individual's actual or perceived sex made by an elementary, secondary, or higher education representative to a student, or any conduct of a sexual nature exhibited by an elementary, secondary, or higher education representative toward a student, when such conduct has the purpose of substantially interfering with the student's educational performance or creating an intimidating, hostile or offensive educational environment; or when the elementary, secondary, or higher education representative either explicitly or implicitly makes the student's submission to such conduct a term or condition of, or uses the student's submission to or rejection of such conduct as a basis for determining:

(1) Whether the student will be admitted to an institution of elementary, secondary, or higher education;

(2) The educational performance required or expected of the student;

(3) The attendance or assignment requirements applicable to the student;

(4) To what courses, fields of study or programs, including honors and graduate programs, the student will be admitted;

(5) What placement or course proficiency requirements are applicable to the student;

(6) The quality of instruction the student will receive;

(7) What tuition or fee requirements are applicable to the student;

(8) What scholarship opportunities are available to the student;

(9) What extracurricular teams the student will be a member of or in what extracurricular competitions the student will participate;

(10) Any grade the student will receive in any examination or in any course or program of instruction in which the student is enrolled;

(11) The progress of the student toward successful completion of or graduation from any course or program of instruction in which the student is enrolled; or

(12) What degree, if any, the student will receive.

(Source: P.A. 96-1319, eff. 7-27-10.)

(775 ILCS 5/6-102)

Sec. 6-102. Violations of other Acts. A person who violates the Section 11-117-12.2 of the Illinois Municipal Code, Section 224.05 of the Illinois Insurance Code, Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of the Interest Act, the Military Personnel Cellular Phone Contract Termination Act, Section 405-272 of the Civil Administrative Code of Illinois, Section 10-63 of the Illinois Administrative Procedure Act, Sections 30.25 and 30.30 of the Military Code of Illinois, Section 16 of the Landlord and Tenant Act, Section 26.5 of the Retail Installment Sales Act, or Section 37 of the Motor Vehicle Leasing Act, or the Workplace Transparency Act commits a civil rights violation within the meaning of this Act.

(Source: P.A. 100-1101, eff. 1-1-19.)

(775 ILCS 5/7-114 new)

Sec. 7-114. Sexual harassment prevention training.

(A) The General Assembly finds that the Equal Employment Opportunity Commission estimates that 25% to 85% of working women have experienced sexual harassment on the job. Organizational tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile environment for women, reducing productivity, and increasing legal liability. It is the General Assembly's intent to encourage employers to adopt and actively implement policies to ensure their workplaces are safe for women to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities.

(B) The Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. This model program shall be interactive and, at a minimum, include the following:

(1) an explanation of sexual harassment consistent with this Act;

(2) examples of conduct that constitutes unlawful sexual harassment;

(3) a summary of federal and State statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment;

(4) a summary of employees' rights and available remedies and forums to adjudicate complaints;

(5) examples of appropriate and inappropriate conduct by supervisors; and

(6) a summary of additional responsibilities of supervisors in the prevention, investigation, and adjudication of sexual harassment.

(C) Every employer shall use the model sexual harassment prevention training program under this Section or establish a training program for employees and supervisors to prevent sexual harassment that equals or exceeds the minimum standards provided by the model training. The sexual harassment prevention training shall be provided to all employees on an annual basis.

(D) An employer who violates this Section is subject to a civil penalty as follows:

(1) For an employer with fewer than 4 employees: a penalty not to exceed $500 for a first offense; a penalty not to exceed $1,000 for a second offense; a penalty not to exceed $3,000 for a third or subsequent offense.

(2) For an employer with 4 or more employees: a penalty not to exceed $1,000 for a first offense; a penalty not to exceed $3,000 for a second offense; a penalty not to exceed $5,000 for a third or subsequent offense.

The appropriateness of the penalty to the size of the business of the employer charged and the gravity of the violation shall be considered in determining the amount of the penalty. The penalty may be recovered in a civil action brought by the Director in any circuit court.

Section 2-30. The Illinois Freedom to Work Act is amended by adding Section 20 as follows:

(820 ILCS 90/20 new)

Sec. 20. Nondisclosure agreements prohibited.

(a) No employer shall enter into a nondisclosure agreement with any low-wage employee of the employer.

(b) A nondisclosure agreement between an employer and a low-wage employee is illegal and void.

Section 2-35. The Victims' Economic Security and Safety Act is amended by changing Sections 10, 15, 20, 25, 30, 35, and 45 as follows:

(820 ILCS 180/10)

Sec. 10. Definitions. In this Act, except as otherwise expressly provided:

(1) "Commerce" includes trade, traffic, commerce, transportation, or communication; and "industry or activity affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes "commerce" and any "industry affecting commerce".

(2) "Course of conduct" means a course of repeatedly maintaining a visual or physical proximity to a person or conveying oral or written threats, including threats conveyed through electronic communications, or threats implied by conduct.

(3) "Department" means the Department of Labor.

(4) "Director" means the Director of Labor.

(5) "Domestic or sexual violence" means domestic violence, sexual assault, or stalking.

(6) "Domestic violence" means abuse, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

(7) "Electronic communications" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager, online platform (including, but not limited to, any public-facing website, web application, digital application, or social network), or any other electronic communication, as defined in Section 12-7.5 of the Criminal Code of 2012.

(8) "Employ" includes to suffer or permit to work.

(9) Employee.

(A) In general. "Employee" means any person employed by an employer.

(B) Basis. "Employee" includes a person employed as described in subparagraph (A) on a full or part-time basis, or as a participant in a work assignment as a condition of receipt of federal or State income-based public assistance.

(10) "Employer" means any of the following: (A) the State or any agency of the State; (B) any unit of local government or school district; or (C) any person that employs at least one employee.

(11) "Employment benefits" means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, pensions, and profit-sharing, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan". "Employee benefit plan" or "plan" means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.

(12) "Family or household member", for employees with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence, means a spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.

(13) "Parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. "Son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or is 18 years of age or older and incapable of self-care because of a mental or physical disability.

(14) "Perpetrator" means an individual who commits or is alleged to have committed any act or threat of domestic violence, sexual violence, or sexual harassment or sexual violence.

(15) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.

(16) "Public agency" means the Government of the State or political subdivision thereof; any agency of the State, or of a political subdivision of the State; or any governmental agency.

(17) "Public assistance" includes cash, food stamps, medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency or public employer.

(18) "Reduced work schedule" means a work schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

(19) "Repeatedly" means on 2 or more occasions.

(20) "Sexual assault" means any conduct proscribed by: (i) Article 11 of the Criminal Code of 2012 except Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or (iii) a similar provision of the Criminal Code of 1961 the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16.

(21) "Stalking" means any conduct proscribed by the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5.

(22) "Victim" or "survivor" means an individual who has been subjected to domestic violence, sexual violence, or sexual harassment or sexual violence.

(23) "Victim services organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual violence, or sexual harassment or sexual violence or to advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process.

(24) "Emotional distress" means significant mental suffering, anxiety, or alarm.

(25) "Sexual harassment" means any harassment or discrimination on the basis of an individual's actual or perceived sex or gender, including unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, or any other conduct of a sexual nature directed at a specific person that would cause the victim or survivor emotional distress.

(Source: P.A. 99-765, eff. 1-1-17.)

(820 ILCS 180/15)

Sec. 15. Purposes. The purposes of this Act are:

(1) to promote the State's interest in reducing domestic violence, dating violence, sexual assault, sexual harassment, and stalking by enabling victims of domestic violence, sexual violence, or sexual harassment or sexual violence to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic violence, sexual violence, or sexual harassment or sexual violence, and to reduce the devastating economic consequences of domestic violence, sexual violence, or sexual harassment or sexual violence to employers and employees;

(2) to address the failure of existing laws to protect the employment rights of employees who are victims of domestic violence, sexual violence, or sexual harassment or sexual violence and employees with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence, by protecting the civil and economic rights of those employees, and by furthering the equal opportunity of women for economic self-sufficiency and employment free from discrimination;

(3) to accomplish the purposes described in paragraphs (1) and (2) by (A) entitling employed victims of domestic violence, sexual violence, or sexual harassment or sexual violence and employees with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance without penalty from their employers for the employee or the family or household member who is a victim; and (B) prohibiting employers from discriminating against any employee who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence or any employee who has a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence, in a manner that accommodates the legitimate interests of employers and protects the safety of all persons in the workplace.

(Source: P.A. 96-635, eff. 8-24-09.)

(820 ILCS 180/20)

Sec. 20. Entitlement to leave due to domestic violence, sexual violence, or sexual harassment or sexual violence.

(a) Leave requirement.

(1) Basis. An employee who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence or an employee who has a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, or sexual harassment or sexual violence may take unpaid leave from work if the employee or employee's family or household member is experiencing an incident of domestic violence, sexual violence, or sexual harassment or sexual violence or to address domestic violence, sexual violence, or sexual harassment or sexual violence by:

(A) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic violence, sexual violence, or sexual harassment or sexual violence to the employee or the employee's family or household member;

(B) obtaining services from a victim services organization for the employee or the employee's family or household member;

(C) obtaining psychological or other counseling for the employee or the employee's family or household member;

(D) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic violence, sexual violence, or sexual harassment or sexual violence or ensure economic security; or

(E) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, sexual violence, or sexual harassment or sexual violence.

(2) Period. Subject to subsection (c), an employee working for an employer that employs at least 50 employees shall be entitled to a total of 12 workweeks of leave during any 12-month period. Subject to subsection (c), an employee working for an employer that employs at least 15 but not more than 49 employees shall be entitled to a total of 8 workweeks of leave during any 12-month period. Subject to subsection (c), an employee working for an employer that employs at least one but not more than 14 employees shall be entitled to a total of 4 workweeks of leave during any 12-month period. The total number of workweeks to which an employee is entitled shall not decrease during the relevant 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

(3) Schedule. Leave described in paragraph (1) may be taken consecutively, intermittently, or on a reduced work schedule.

(b) Notice. The employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, upon request of the employer and within a reasonable period after the absence, provides certification under subsection (c).

(c) Certification.

(1) In general. The employer may require the employee to provide certification to the employer that:

(A) the employee or the employee's family or household member is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence; and

(B) the leave is for one of the purposes enumerated in paragraph (a)(1).

The employee shall provide such certification to the employer within a reasonable period after the employer requests certification.

(2) Contents. An employee shall may satisfy the certification requirement of paragraph (1) by providing to the employer a sworn statement of the employee, and, if the employee has possession of such documents, the employee shall provide one of the following upon obtaining such documents the employee shall provide:

(A) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, sexual violence, or sexual harassment or sexual violence and the effects of the violence or harassment;

(B) a police or court record; or

(C) other corroborating evidence.

The employee shall choose which document to submit, and the employer shall not request or require more than one document to be submitted if the reason for leave is related to the same incident of domestic violence, sexual violence, or sexual harassment or the same perpetrator of the domestic violence, sexual violence, or sexual harassment.

(d) Confidentiality. All information provided to the employer pursuant to subsection (b) or (c), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:

(1) requested or consented to in writing by the employee; or

(2) otherwise required by applicable federal or State law.

(e) Employment and benefits.

(1) Restoration to position.

(A) In general. Any employee who takes leave under this Section for the intended purpose of the leave shall be entitled, on return from such leave:

(i) to be restored by the employer to the position of employment held by the employee when the leave commenced; or

(ii) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(B) Loss of benefits. The taking of leave under this Section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

(C) Limitations. Nothing in this subsection shall be construed to entitle any restored employee to:

(i) the accrual of any seniority or employment benefits during any period of leave; or

(ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

(D) Construction. Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this Section to report periodically to the employer on the status and intention of the employee to return to work.

(2) Maintenance of health benefits.

(A) Coverage. Except as provided in subparagraph (B), during any period that an employee takes leave under this Section, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.

(B) Failure to return from leave. The employer may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Section if:

(i) the employee fails to return from leave under this Section after the period of leave to which the employee is entitled has expired; and

(ii) the employee fails to return to work for a reason other than:

(I) the continuation, recurrence, or onset of domestic violence, sexual violence, or sexual harassment or sexual violence that entitles the employee to leave pursuant to this Section; or

(II) other circumstances beyond the control of the employee.

(C) Certification.

(i) Issuance. An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason. The employee shall choose which document to submit.

(ii) Contents. An employee may satisfy the certification requirement of clause (i) by providing to the employer:

(I) a sworn statement of the employee;

(II) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic violence, sexual violence, or sexual harassment or sexual violence and the effects of that violence or harassment;

(III) a police or court record; or

(IV) other corroborating evidence.

(D) Confidentiality. All information provided to the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:

(i) requested or consented to in writing by the employee; or

(ii) otherwise required by applicable federal or State law.

(f) Prohibited acts.

(1) Interference with rights.

(A) Exercise of rights. It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Section.

(B) Employer discrimination. It shall be unlawful for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual:

(i) exercised any right provided under this Section; or

(ii) opposed any practice made unlawful by this Section.

(C) Public agency sanctions. It shall be unlawful for any public agency to deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner) because the individual:

(i) exercised any right provided under this Section; or

(ii) opposed any practice made unlawful by this Section.

(2) Interference with proceedings or inquiries. It shall be unlawful for any person to discharge or in any other manner discriminate (as described in subparagraph (B) or (C) of paragraph (1)) against any individual because such individual:

(A) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Section;

(B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Section; or

(C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Section.

(Source: P.A. 99-765, eff. 1-1-17.)

(820 ILCS 180/25)

Sec. 25. Existing leave usable for addressing domestic violence, sexual violence, or sexual harassment or sexual violence. An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to federal, State, or local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of such leave for an equivalent period of leave provided under Section 20. The employer may not require the employee to substitute available paid or unpaid leave for leave provided under Section 20.

(Source: P.A. 96-635, eff. 8-24-09.)

(820 ILCS 180/30)

Sec. 30. Victims' employment sustainability; prohibited discriminatory acts.

(a) An employer shall not fail to hire, refuse to hire, discharge, constructively discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, or retaliate against an individual in any form or manner, and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual, or retaliate against an individual in any form or manner, because:

(1) the individual involved:

(A) is or is perceived to be a victim of domestic violence, sexual violence, or sexual harassment or sexual violence;

(B) attended, participated in, prepared for, or requested leave to attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic violence, sexual violence, or sexual harassment or sexual violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason provided under Section 20;

(C) requested an adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure or any other reasonable accommodation in response to actual or threatened domestic violence, sexual violence, or sexual harassment or sexual violence, regardless of whether the request was granted; or

(D) is an employee whose employer is subject to Section 21 of the Workplace Violence Prevention Act; or

(2) the workplace is disrupted or threatened by the action of a person whom the individual states has committed or threatened to commit domestic violence, sexual violence, or sexual harassment or sexual violence against the individual or the individual's family or household member.

(b) In this Section:

(1) "Discriminate", used with respect to the terms, conditions, or privileges of employment or with respect to the terms or conditions of public assistance, includes not making a reasonable accommodation to the known limitations resulting from circumstances relating to being a victim of domestic violence, sexual violence, or sexual harassment or sexual violence or a family or household member being a victim of domestic violence, sexual violence, or sexual harassment or sexual violence of an otherwise qualified individual:

(A) who is:

(i) an applicant or employee of the employer (including a public agency); or

(ii) an applicant for or recipient of public assistance from a public agency; and

(B) who is:

(i) or is perceived to be a victim of domestic violence, sexual violence, or sexual harassment a victim of domestic or sexual violence; or

(ii) with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence whose interests are not adverse to the individual in subparagraph (A) as it relates to the domestic violence, sexual violence, or sexual harassment or sexual violence;

unless the employer or public agency can demonstrate that the accommodation would impose an undue hardship on the operation of the employer or public agency.

A reasonable accommodation must be made in a timely fashion. Any exigent circumstances or danger facing the employee or his or her family or household member shall be considered in determining whether the accommodation is reasonable.

(2) "Qualified individual" means:

(A) in the case of an applicant or employee described in paragraph (1)(A)(i), an individual who, but for being a victim of domestic violence, sexual violence, or sexual harassment or sexual violence or with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence, can perform the essential functions of the employment position that such individual holds or desires; or

(B) in the case of an applicant or recipient described in paragraph (1)(A)(ii), an individual who, but for being a victim of domestic violence, sexual violence, or sexual harassment or sexual violence or with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence, can satisfy the essential requirements of the program providing the public assistance that the individual receives or desires.

(3) "Reasonable accommodation" may include, but is not limited to, an adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure, or assistance in documenting domestic violence, sexual violence, or sexual harassment or sexual violence that occurs at the workplace or in work-related settings, in response to actual or threatened domestic violence, sexual violence, or sexual harassment or sexual violence.

(4) Undue hardship.

(A) In general. "Undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).

(B) Factors to be considered. In determining whether a reasonable accommodation would impose an undue hardship on the operation of an employer or public agency, factors to be considered include:

(i) the nature and cost of the reasonable accommodation needed under this Section;

(ii) the overall financial resources of the facility involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation on the operation of the facility;

(iii) the overall financial resources of the employer or public agency, the overall size of the business of an employer or public agency with respect to the number of employees of the employer or public agency, and the number, type, and location of the facilities of an employer or public agency; and

(iv) the type of operation of the employer or public agency, including the composition, structure, and functions of the workforce of the employer or public agency, the geographic separateness of the facility from the employer or public agency, and the administrative or fiscal relationship of the facility to the employer or public agency.

(c) An employer subject to Section 21 of the Workplace Violence Prevention Act shall not violate any provisions of the Workplace Violence Prevention Act.

(d) All information provided to the employer pursuant to subsection (b) or (c), including a statement of the employee and any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:

(1) requested or consented to in writing by the employee; or

(2) otherwise required by applicable federal or State law.

(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)

(820 ILCS 180/35)

Sec. 35. Enforcement; remedies.

(a) Department of Labor.

(1) The Director or his or her authorized representative shall administer and enforce the provisions of this Act. Any employee or a representative of employees who believes his or her rights under this Act have been violated may, within 3 years after the alleged violation occurs, file a complaint with the Department requesting a review of the alleged violation. A copy of the complaint shall be sent to the person who allegedly committed the violation, who shall be the respondent. Upon receipt of a complaint, the Director shall cause such investigation to be made as he or she deems appropriate. The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged allegation. The parties shall be given written notice of the time and place of the hearing at least 7 days before the hearing. Upon receiving the report of the investigation, the Director shall make findings of fact. If the Director finds that a violation did occur, he or she shall issue a decision incorporating his or her findings and requiring the party committing the violation to take such affirmative action to abate the violation as the Director deems appropriate, including:

(A) damages equal to the amount of wages, salary, employment benefits, public assistance, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate;

(B) such equitable relief as may be appropriate, including but not limited to hiring, reinstatement, promotion, and reasonable accommodations; and

(C) reasonable attorney's fees, reasonable expert witness fees, and other costs of the action to be paid by the respondent to a prevailing employee.

If the Director finds that there was no violation, he or she shall issue an order denying the complaint. An order issued by the Director under this Section shall be final and subject to judicial review under the Administrative Review Law.

(2) The Director shall adopt rules necessary to administer and enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases, including, but not limited to, provisions for depositions, subpoena power and procedures, and discovery and protective order procedures.

(3) Intervention. The Attorney General of Illinois may intervene on behalf of the Department if the Department certifies that the case is of general public importance. Upon such intervention the court may award such relief as is authorized to be granted to an employee who has filed a complaint or whose representative has filed a complaint under this Section.

(b) Refusal to pay damages. Any employer who has been ordered by the Director of Labor or the court to pay damages under this Section and who fails to do so within 30 days after the order is entered is liable to pay a penalty of 1% per calendar day to the employee for each day of delay in paying the damages to the employee.

(c) An employee who believes his or her rights under this Act or any rule adopted under this Act have been violated may, within 3 years after the date of the last event constituting the alleged violation for which the action is brought, file a complaint with the Department of Labor or file a civil action. In a claim filed in the circuit court, any employer that violates this Act or any rule adopted under this Act is liable to each affected individual for actual and compensatory damages, punitive damages, and such equitable relief as may be appropriate, in addition to reasonable attorney's fees, reasonable expert witness fees, and other costs of the action paid to the prevailing employee. A civil action may be brought without first filing an administrative complaint.

(Source: P.A. 93-591, eff. 8-25-03.)

(820 ILCS 180/45)

Sec. 45. Effect on other laws and employment benefits.

(a) More protective laws, agreements, programs, and plans. Nothing in this Act shall be construed to supersede any provision of any federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides:

(1) greater leave benefits for victims of domestic violence, sexual violence, or sexual harassment or sexual violence than the rights established under this Act; or

(2) leave benefits for a larger population of victims of domestic violence, sexual violence, or sexual harassment or sexual violence (as defined in such law, agreement, program, or plan) than the victims of domestic violence, sexual violence, or sexual harassment or sexual violence covered under this Act.

(b) Less protective laws, agreements, programs, and plans. The rights established for employees who are victims of domestic violence, sexual violence, or sexual harassment or sexual violence and employees with a family or household member who is a victim of domestic violence, sexual violence, or sexual harassment or sexual violence under this Act shall not be diminished by any federal, State or local law, collective bargaining agreement, or employment benefits program or plan.

(Source: P.A. 93-591, eff. 8-25-03.)

Article 99.

Section 99-99. Effective date. This Act takes effect upon becoming law.