Full Text of HB1811 102nd General Assembly
HB1811eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 2-101 and 2-102 as follows:
| 6 | | (775 ILCS 5/2-101)
| 7 | | Sec. 2-101. Definitions. The following definitions are | 8 | | applicable
strictly in the context of this Article.
| 9 | | (A) Employee.
| 10 | | (1) "Employee" includes:
| 11 | | (a) Any individual performing services for | 12 | | remuneration within this
State for an employer;
| 13 | | (b) An apprentice;
| 14 | | (c) An applicant for any apprenticeship.
| 15 | | For purposes of subsection (D) of Section 2-102 of | 16 | | this Act, "employee" also includes an unpaid intern. An | 17 | | unpaid intern is a person who performs work for an | 18 | | employer under the following circumstances: | 19 | | (i) the employer is not committed to hiring the | 20 | | person performing the work at the conclusion of the | 21 | | intern's tenure; | 22 | | (ii) the employer and the person performing the | 23 | | work agree that the person is not entitled to wages for |
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| 1 | | the work performed; and | 2 | | (iii) the work performed: | 3 | | (I) supplements training given in an | 4 | | educational environment that may enhance the | 5 | | employability of the intern; | 6 | | (II) provides experience for the benefit of | 7 | | the person performing the work; | 8 | | (III) does not displace regular employees; | 9 | | (IV) is performed under the close supervision | 10 | | of existing staff; and | 11 | | (V) provides no immediate advantage to the | 12 | | employer providing the training and may
| 13 | | occasionally impede the operations of the | 14 | | employer. | 15 | | (2) "Employee" does not include:
| 16 | | (a) (Blank);
| 17 | | (b) Individuals employed by persons who are not | 18 | | "employers" as
defined by this Act;
| 19 | | (c) Elected public officials or the members of | 20 | | their immediate
personal staffs;
| 21 | | (d) Principal administrative officers of the State | 22 | | or of any
political subdivision, municipal corporation | 23 | | or other governmental unit
or agency;
| 24 | | (e) A person in a vocational rehabilitation | 25 | | facility certified under
federal law who has been | 26 | | designated an evaluee, trainee, or work
activity |
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| 1 | | client.
| 2 | | (B) Employer.
| 3 | | (1) "Employer" includes:
| 4 | | (a) Any person employing one or more employees | 5 | | within Illinois during
20 or more calendar weeks | 6 | | within the calendar year of or preceding the alleged
| 7 | | violation;
| 8 | | (b) Any person employing one or more employees | 9 | | when a complainant
alleges civil rights violation due | 10 | | to unlawful discrimination based
upon his or her | 11 | | physical or mental disability unrelated to ability, | 12 | | pregnancy, or
sexual harassment;
| 13 | | (c) The State and any political subdivision, | 14 | | municipal corporation
or other governmental unit or | 15 | | agency, without regard to the number of
employees;
| 16 | | (d) Any party to a public contract without regard | 17 | | to the number of
employees;
| 18 | | (e) A joint apprenticeship or training committee | 19 | | without regard to the
number of employees.
| 20 | | (2) "Employer" does not include any place of worship, | 21 | | religious corporation,
association, educational | 22 | | institution, society, or non-profit nursing
institution | 23 | | conducted by and for those who rely upon treatment by | 24 | | prayer
through spiritual means in accordance with the | 25 | | tenets of a recognized
church or religious denomination | 26 | | with respect to the employment of
individuals of a |
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| 1 | | particular religion to perform work connected with the
| 2 | | carrying on by such place of worship, corporation, | 3 | | association, educational institution,
society or | 4 | | non-profit nursing institution of its activities.
| 5 | | (C) Employment Agency. "Employment Agency" includes both | 6 | | public and
private employment agencies and any person, labor | 7 | | organization, or labor
union having a hiring hall or hiring | 8 | | office regularly undertaking, with
or without compensation, to | 9 | | procure opportunities to work, or to
procure, recruit, refer | 10 | | or place employees.
| 11 | | (D) Labor Organization. "Labor Organization" includes any
| 12 | | organization, labor union, craft union, or any voluntary | 13 | | unincorporated
association designed to further the cause of | 14 | | the rights of union labor
which is constituted for the | 15 | | purpose, in whole or in part, of collective
bargaining or of | 16 | | dealing with employers concerning grievances, terms or
| 17 | | conditions of employment, or apprenticeships or applications | 18 | | for
apprenticeships, or of other mutual aid or protection in | 19 | | connection with
employment, including apprenticeships or | 20 | | applications for apprenticeships.
| 21 | | (D-5) Predictive Data Analytics. "Predictive data | 22 | | analytics" means the use of automated machine learning | 23 | | algorithms for the purpose of statistically analyzing a | 24 | | person's behavior. | 25 | | (E) Sexual Harassment. "Sexual harassment" means any | 26 | | unwelcome sexual
advances or requests for sexual favors or any |
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| 1 | | conduct of a sexual nature
when (1) submission to such conduct | 2 | | is made either explicitly or implicitly
a term or condition of | 3 | | an individual's employment, (2) submission to or
rejection of | 4 | | such conduct by an individual is used as the basis for
| 5 | | employment decisions affecting such individual, or (3) such | 6 | | conduct has the
purpose or effect of substantially interfering | 7 | | with an individual's work
performance or creating an | 8 | | intimidating, hostile or offensive working
environment.
| 9 | | For purposes of this definition, the phrase "working | 10 | | environment" is not limited to a physical location an employee | 11 | | is assigned to perform his or her duties. | 12 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 13 | | on the basis of an individual's actual or perceived race, | 14 | | color, religion, national origin, ancestry, age, sex, marital | 15 | | status, order of protection status, disability, military | 16 | | status, sexual orientation, pregnancy, unfavorable discharge | 17 | | from military service, citizenship status, or work | 18 | | authorization status that has the purpose or effect of | 19 | | substantially interfering with the individual's work | 20 | | performance or creating an intimidating, hostile, or offensive | 21 | | working environment. For purposes of this definition, the | 22 | | phrase "working environment" is not limited to a physical | 23 | | location an employee is assigned to perform his or her duties. | 24 | | (F) Religion. "Religion" with respect to employers | 25 | | includes all
aspects of religious observance and practice, as | 26 | | well as belief, unless an
employer demonstrates that he is |
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| 1 | | unable to reasonably accommodate an
employee's or prospective | 2 | | employee's religious observance or practice
without undue | 3 | | hardship on the conduct of the employer's business.
| 4 | | (G) Public Employer. "Public employer" means the State, an | 5 | | agency or
department thereof, unit of local government, school | 6 | | district,
instrumentality or political subdivision.
| 7 | | (H) Public Employee. "Public employee" means an employee | 8 | | of the State,
agency or department thereof, unit of local | 9 | | government, school district,
instrumentality or political | 10 | | subdivision. "Public employee" does not include
public | 11 | | officers or employees of the General Assembly or agencies | 12 | | thereof.
| 13 | | (I) Public Officer. "Public officer" means a person who is | 14 | | elected to
office pursuant to the Constitution or a statute or | 15 | | ordinance, or who is
appointed to an office which is | 16 | | established, and the qualifications and
duties of which are | 17 | | prescribed, by the Constitution or a statute or
ordinance, to | 18 | | discharge a public duty for the State, agency or department
| 19 | | thereof, unit of local government, school district, | 20 | | instrumentality or
political subdivision.
| 21 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 22 | | prior to contract award or prior to bid opening for State | 23 | | contracts for construction or construction-related services, | 24 | | has filed with the Department a properly completed, sworn and
| 25 | | currently valid employer report form, pursuant to the | 26 | | Department's regulations.
The provisions of this Article |
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| 1 | | relating to eligible bidders apply only
to bids on contracts | 2 | | with the State and its departments, agencies, boards,
and | 3 | | commissions, and the provisions do not apply to bids on | 4 | | contracts with
units of local government or school districts.
| 5 | | (K) Citizenship Status. "Citizenship status" means the | 6 | | status 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 | | (L) Work Authorization Status. "Work authorization status" | 16 | | means the status of being a person born outside of the United | 17 | | States, and not a U.S. citizen, who is authorized by the | 18 | | federal government to work in the United States. | 19 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 20 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
| 21 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 22 | | Sec. 2-102. Civil rights violations - employment. It is a | 23 | | civil
rights violation:
| 24 | | (A) Employers. For any employer to refuse to hire, to | 25 | | segregate, to engage in harassment as defined in |
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| 1 | | subsection (E-1) of Section 2-101, or
to act with respect | 2 | | to recruitment, hiring, promotion, renewal of employment,
| 3 | | selection for training or apprenticeship, discharge, | 4 | | discipline, tenure or
terms, privileges or conditions of | 5 | | employment on the basis of unlawful
discrimination, | 6 | | citizenship status, or work authorization status. An | 7 | | employer is responsible for harassment by the employer's | 8 | | nonmanagerial and nonsupervisory employees only if the | 9 | | employer becomes aware of the conduct and fails to take | 10 | | reasonable corrective measures.
| 11 | | (A-5) Language. For an employer to impose a | 12 | | restriction that has the
effect of prohibiting a language | 13 | | from being spoken by an employee in
communications that | 14 | | are unrelated to the employee's duties.
| 15 | | For the purposes of this subdivision (A-5), "language" | 16 | | means a person's
native tongue, such as Polish, Spanish, | 17 | | or
Chinese.
"Language" does not include such things as | 18 | | slang, jargon, profanity, or
vulgarity.
| 19 | | (A-10) Harassment of nonemployees. For any employer, | 20 | | employment agency, or labor organization to engage in | 21 | | harassment of nonemployees in the workplace. An employer | 22 | | is responsible for harassment of nonemployees by the | 23 | | employer's nonmanagerial and nonsupervisory employees only | 24 | | if the employer becomes aware of the conduct and fails to | 25 | | take reasonable corrective measures. For the purposes of | 26 | | this subdivision (A-10), "nonemployee" means a person who |
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| 1 | | is not otherwise an employee of the employer and is | 2 | | directly performing services for the employer pursuant to | 3 | | a contract with that employer. "Nonemployee" includes | 4 | | contractors and consultants. This subdivision applies to | 5 | | harassment occurring on or after the effective date of | 6 | | this amendatory Act of the 101st General Assembly. | 7 | | (B) Employment agency. For any employment agency to | 8 | | fail or refuse
to classify properly, accept applications | 9 | | and register for employment
referral or apprenticeship | 10 | | referral, refer for employment, or refer for
| 11 | | apprenticeship on the basis of unlawful discrimination, | 12 | | citizenship
status, or work authorization status or to | 13 | | accept from any person any job order, requisition or | 14 | | request
for referral of applicants for employment or | 15 | | apprenticeship which makes or
has the effect of making | 16 | | unlawful discrimination or discrimination on the
basis of | 17 | | citizenship status or work authorization status a | 18 | | condition of referral.
| 19 | | (C) Labor organization. For any labor organization to | 20 | | limit,
segregate or classify its membership, or to limit | 21 | | employment
opportunities, selection and training for | 22 | | apprenticeship in any trade or
craft, or otherwise to | 23 | | take, or fail to take, any action which affects
adversely | 24 | | any person's status as an employee or as an applicant for
| 25 | | employment or as an apprentice, or as an applicant for | 26 | | apprenticeships,
or wages, tenure, hours of employment or |
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| 1 | | apprenticeship conditions on the
basis of unlawful | 2 | | discrimination, citizenship status, or work authorization | 3 | | status.
| 4 | | (D) Sexual harassment. For any employer, employee, | 5 | | agent of any employer,
employment agency or labor | 6 | | organization to engage in sexual harassment;
provided, | 7 | | that an employer shall be responsible for sexual | 8 | | harassment
of the employer's employees by nonemployees or | 9 | | nonmanagerial and nonsupervisory
employees only if the | 10 | | employer becomes aware of the conduct and fails to
take | 11 | | reasonable corrective measures.
| 12 | | (D-5) Sexual harassment of nonemployees. For any | 13 | | employer, employee, agent of any employer, employment | 14 | | agency, or labor organization to engage in sexual | 15 | | harassment of nonemployees in the workplace. An employer | 16 | | is responsible for sexual harassment of nonemployees by | 17 | | the employer's nonmanagerial and nonsupervisory employees | 18 | | only if the employer becomes aware of the conduct and | 19 | | fails to take reasonable corrective measures. For the | 20 | | purposes of this subdivision (D-5), "nonemployee" means a | 21 | | person who is not otherwise an employee of the employer | 22 | | and is directly performing services for the employer | 23 | | pursuant to a contract with that employer. "Nonemployee" | 24 | | includes contractors and consultants. This subdivision | 25 | | applies to sexual harassment occurring on or after the | 26 | | effective date of this amendatory Act of the 101st General |
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| 1 | | Assembly. | 2 | | (E) Public employers. For any public employer to | 3 | | refuse to permit a
public employee under its jurisdiction | 4 | | who takes time off from work in
order to practice his or | 5 | | her religious beliefs to engage in work, during hours
| 6 | | other than such employee's regular working hours, | 7 | | consistent with the
operational needs of the employer and | 8 | | in order to compensate for work time
lost for such | 9 | | religious reasons. Any employee who elects such deferred
| 10 | | work shall be compensated at the wage rate which he or she | 11 | | would have
earned during the originally scheduled work | 12 | | period. The employer may
require that an employee who | 13 | | plans to take time off from work in order to
practice his | 14 | | or her religious beliefs provide the employer with a | 15 | | notice of
his or her intention to be absent from work not | 16 | | exceeding 5 days prior to
the date of absence.
| 17 | | (E-5) Religious discrimination. For any employer to | 18 | | impose upon a person as a condition of obtaining or | 19 | | retaining employment, including opportunities for | 20 | | promotion, advancement, or transfer, any terms or | 21 | | conditions that would require such person to violate or | 22 | | forgo a sincerely held practice of his or her religion | 23 | | including, but not limited to, the wearing of any attire, | 24 | | clothing, or facial hair in accordance with the | 25 | | requirements of his or her religion, unless, after | 26 | | engaging in a bona fide effort, the employer demonstrates |
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| 1 | | that it is unable to reasonably accommodate the employee's | 2 | | or prospective employee's sincerely held religious belief, | 3 | | practice, or observance without undue hardship on the | 4 | | conduct of the employer's business. | 5 | | Nothing in this Section prohibits an employer from | 6 | | enacting a dress code or grooming policy that may include | 7 | | restrictions on attire, clothing, or facial hair to | 8 | | maintain workplace safety or food sanitation. | 9 | | (F) Training and apprenticeship programs. For any | 10 | | employer,
employment agency or labor organization to | 11 | | discriminate against a person on
the basis of age in the | 12 | | selection, referral for or conduct of apprenticeship
or | 13 | | training programs.
| 14 | | (G) Immigration-related practices. | 15 | | (1) for an employer to request for
purposes of | 16 | | satisfying the requirements of Section 1324a(b) of | 17 | | Title 8 of
the United States Code, as now or hereafter | 18 | | amended, more or different
documents than are required | 19 | | under such Section or to refuse to honor
documents | 20 | | tendered that on their face reasonably appear to be | 21 | | genuine or to refuse to honor work authorization based | 22 | | upon the specific status or term of status that | 23 | | accompanies the authorization to work; or
| 24 | | (2) for an employer participating in the E-Verify | 25 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 26 | | Programs for Employment Eligibility Confirmation |
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| 1 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 2 | | refuse to hire, to segregate, or to act with respect to | 3 | | recruitment, hiring, promotion, renewal of employment, | 4 | | selection for training or apprenticeship, discharge, | 5 | | discipline, tenure or terms, privileges or conditions | 6 | | of employment without following the procedures under | 7 | | the E-Verify Program. | 8 | | (H) (Blank).
| 9 | | (I) Pregnancy. For an employer to refuse to hire, to | 10 | | segregate, or to act with respect to recruitment, hiring, | 11 | | promotion, renewal of employment, selection for training | 12 | | or apprenticeship, discharge, discipline, tenure or terms, | 13 | | privileges or conditions of employment on the basis of | 14 | | pregnancy, childbirth, or medical or common conditions | 15 | | related to pregnancy or childbirth. Women affected by | 16 | | pregnancy, childbirth, or medical or common conditions | 17 | | related to pregnancy or childbirth shall be treated the | 18 | | same for all employment-related purposes, including | 19 | | receipt of benefits under fringe benefit programs, as | 20 | | other persons not so affected but similar in their ability | 21 | | or inability to work, regardless of the source of the | 22 | | inability to work or employment classification or status. | 23 | | (J) Pregnancy; reasonable accommodations. | 24 | | (1) If after a job applicant or employee, | 25 | | including a part-time, full-time, or probationary | 26 | | employee, requests a reasonable accommodation, for an |
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| 1 | | employer to not make reasonable accommodations for any | 2 | | medical or common condition of a job applicant or | 3 | | employee related to pregnancy or childbirth, unless | 4 | | the employer can demonstrate that the accommodation | 5 | | would impose an undue hardship on the ordinary | 6 | | operation of the business of the employer. The | 7 | | employer may request documentation from the employee's | 8 | | health care provider concerning the need for the | 9 | | requested reasonable accommodation or accommodations | 10 | | to the same extent documentation is requested for | 11 | | conditions related to disability if the employer's | 12 | | request for documentation is job-related and | 13 | | consistent with business necessity. The employer may | 14 | | require only the medical justification for the | 15 | | requested accommodation or accommodations, a | 16 | | description of the reasonable accommodation or | 17 | | accommodations medically advisable, the date the | 18 | | reasonable accommodation or accommodations became | 19 | | medically advisable, and the probable duration of the | 20 | | reasonable accommodation or accommodations. It is the | 21 | | duty of the individual seeking a reasonable | 22 | | accommodation or accommodations to submit to the | 23 | | employer any documentation that is requested in | 24 | | accordance with this paragraph. Notwithstanding the | 25 | | provisions of this paragraph, the employer may require | 26 | | documentation by the employee's health care provider |
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| 1 | | to determine compliance with other laws. The employee | 2 | | and employer shall engage in a timely, good faith, and | 3 | | meaningful exchange to determine effective reasonable | 4 | | accommodations. | 5 | | (2) For an employer to deny employment | 6 | | opportunities or benefits to or take adverse action | 7 | | against an otherwise qualified job applicant or | 8 | | employee, including a part-time, full-time, or | 9 | | probationary employee, if the denial or adverse action | 10 | | is based on the need of the employer to make reasonable | 11 | | accommodations to the known medical or common | 12 | | conditions related to the pregnancy or childbirth of | 13 | | the applicant or employee. | 14 | | (3) For an employer to require a job applicant or | 15 | | employee, including a part-time, full-time, or | 16 | | probationary employee, affected by pregnancy, | 17 | | childbirth, or medical or common conditions related to | 18 | | pregnancy or childbirth to accept an accommodation | 19 | | when the applicant or employee did not request an | 20 | | accommodation and the applicant or employee chooses | 21 | | not to accept the employer's accommodation. | 22 | | (4) For an employer to require an employee, | 23 | | including a part-time, full-time, or probationary | 24 | | employee, to take leave under any leave law or policy | 25 | | of the employer if another reasonable accommodation | 26 | | can be provided to the known medical or common |
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| 1 | | conditions related to the pregnancy or childbirth of | 2 | | an employee. No employer shall fail or refuse to | 3 | | reinstate the employee affected by pregnancy, | 4 | | childbirth, or medical or common conditions related to | 5 | | pregnancy or childbirth to her original job or to an | 6 | | equivalent position with equivalent pay and | 7 | | accumulated seniority, retirement, fringe benefits, | 8 | | and other applicable service credits upon her | 9 | | signifying her intent to return or when her need for | 10 | | reasonable accommodation ceases, unless the employer | 11 | | can demonstrate that the accommodation would impose an | 12 | | undue hardship on the ordinary operation of the | 13 | | business of the employer. | 14 | | For the purposes of this subdivision (J), "reasonable | 15 | | accommodations" means reasonable modifications or | 16 | | adjustments to the job application process or work | 17 | | environment, or to the manner or circumstances under which | 18 | | the position desired or held is customarily performed, | 19 | | that enable an applicant or employee affected by | 20 | | pregnancy, childbirth, or medical or common conditions | 21 | | related to pregnancy or childbirth to be considered for | 22 | | the position the applicant desires or to perform the | 23 | | essential functions of that position, and may include, but | 24 | | is not limited to: more frequent or longer bathroom | 25 | | breaks, breaks for increased water intake, and breaks for | 26 | | periodic rest; private non-bathroom space for expressing |
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| 1 | | breast milk and breastfeeding; seating; assistance with | 2 | | manual labor; light duty; temporary transfer to a less | 3 | | strenuous or hazardous position; the provision of an | 4 | | accessible worksite; acquisition or modification of | 5 | | equipment; job restructuring; a part-time or modified work | 6 | | schedule; appropriate adjustment or modifications of | 7 | | examinations, training materials, or policies; | 8 | | reassignment to a vacant position; time off to recover | 9 | | from conditions related to childbirth; and leave | 10 | | necessitated by pregnancy, childbirth, or medical or | 11 | | common conditions resulting from pregnancy or childbirth. | 12 | | For the purposes of this subdivision (J), "undue | 13 | | hardship" means an action that is prohibitively expensive | 14 | | or disruptive when considered in light of the following | 15 | | factors: (i) the nature and cost of the accommodation | 16 | | needed; (ii) the overall financial resources of the | 17 | | facility or facilities involved in the provision of the | 18 | | reasonable accommodation, the number of persons employed | 19 | | at the facility, the effect on expenses and resources, or | 20 | | the impact otherwise of the accommodation upon the | 21 | | operation of the facility; (iii) the overall financial | 22 | | resources of the employer, the overall size of the | 23 | | business of the employer with respect to the number of its | 24 | | employees, and the number, type, and location of its | 25 | | facilities; and (iv) the type of operation or operations | 26 | | of the employer, including the composition, structure, and |
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| 1 | | functions of the workforce of the employer, the geographic | 2 | | separateness, administrative, or fiscal relationship of | 3 | | the facility or facilities in question to the employer. | 4 | | The employer has the burden of proving undue hardship. The | 5 | | fact that the employer provides or would be required to | 6 | | provide a similar accommodation to similarly situated | 7 | | employees creates a rebuttable presumption that the | 8 | | accommodation does not impose an undue hardship on the | 9 | | employer. | 10 | | No employer is required by this subdivision (J) to | 11 | | create additional employment that the employer would not | 12 | | otherwise have created, unless the employer does so or | 13 | | would do so for other classes of employees who need | 14 | | accommodation. The employer is not required to discharge | 15 | | any employee, transfer any employee with more seniority, | 16 | | or promote any employee who is not qualified to perform | 17 | | the job, unless the employer does so or would do so to | 18 | | accommodate other classes of employees who need it. | 19 | | (K) Notice. | 20 | | (1) For an employer to fail to post or keep posted | 21 | | in a conspicuous location on the premises of the | 22 | | employer where notices to employees are customarily | 23 | | posted, or fail to include in any employee handbook | 24 | | information concerning an employee's rights under this | 25 | | Article, a notice, to be prepared or approved by the | 26 | | Department, summarizing the requirements of this |
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| 1 | | Article and information pertaining to the filing of a | 2 | | charge, including the right to be free from unlawful | 3 | | discrimination, the right to be free from sexual | 4 | | harassment, and the right to certain reasonable | 5 | | accommodations. The Department shall make the | 6 | | documents required under this paragraph available for | 7 | | retrieval from the Department's website. | 8 | | (2) Upon notification of a violation of paragraph | 9 | | (1) of this subdivision (K), the Department may launch | 10 | | a preliminary investigation. If the Department finds a | 11 | | violation, the Department may issue a notice to show | 12 | | cause giving the employer 30 days to correct the | 13 | | violation. If the violation is not corrected, the | 14 | | Department may initiate a charge of a civil rights | 15 | | violation. | 16 | | (L) Predictive Data Analytics. | 17 | | (1) An employer that uses predictive data | 18 | | analytics in its employment decisions may not consider | 19 | | the applicant's race or zip code when used as a proxy | 20 | | for race to reject an applicant in the context of | 21 | | recruiting, hiring, promotion, renewal of employment, | 22 | | selection for training or apprenticeship, discharge, | 23 | | discipline, tenure or terms, privileges, or conditions | 24 | | of employment. | 25 | | (2) Nothing in this Act shall be construed to | 26 | | prevent the use of predictive data analytics to |
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| 1 | | support the inclusion of diverse candidates in making | 2 | | employment decisions. | 3 | | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
| 4 | | Section 10. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by adding Section 2AAAA as follows: | 6 | | (815 ILCS 505/2AAAA new) | 7 | | Sec. 2AAAA. Creditworthiness; use of predictive analytics. | 8 | | (a) In this Section, "predictive data analytics" means the | 9 | | use of automated machine learning algorithms for the purpose | 10 | | of statistically analyzing a person's behavior. | 11 | | (b) A person or entity that relies either partially or | 12 | | fully on predictive data analytics to determine a consumer's | 13 | | creditworthiness may not allow the use of information about | 14 | | the consumer that assigns specific risk factors to the | 15 | | consumer's race or zip code resulting in rejection of credit | 16 | | or other adverse credit-related action to a consumer. | 17 | | (c) A person or entity that uses predictive data analytics | 18 | | to determine the creditworthiness of more than 50 consumers in | 19 | | a calendar year who are Illinois residents shall, within 90 | 20 | | days after the effective date of this amendatory Act of the | 21 | | 102nd General Assembly, devise procedures to ensure that it | 22 | | does not consider information that assigns specific risk | 23 | | factors to a consumer's race or zip code when rejecting or | 24 | | taking other adverse action on a consumer's application for |
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| 1 | | credit. | 2 | | (d) A person or entity that violates this Section commits | 3 | | an unlawful practice within the meaning of this Act.
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