Illinois General Assembly - Full Text of HB1811
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Full Text of HB1811  102nd General Assembly

HB1811ham003 102ND GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 3/1/2022

 

 


 

 


 
10200HB1811ham003LRB102 03966 SPS 37173 a

1
AMENDMENT TO HOUSE BILL 1811

2    AMENDMENT NO. ______. Amend House Bill 1811, AS AMENDED,
3by replacing everything after the enacting clause:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 2-101 and 2-102 as follows:
 
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable 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

 

 

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1    unpaid intern is a person who performs work for an
2    employer under the following circumstances:
3            (i) the employer is not committed to hiring the
4        person performing the work at the conclusion of the
5        intern's tenure;
6            (ii) the employer and the person performing the
7        work agree that the person is not entitled to wages for
8        the work performed; and
9            (iii) the work performed:
10                (I) supplements training given in an
11            educational environment that may enhance the
12            employability of the intern;
13                (II) provides experience for the benefit of
14            the person performing the work;
15                (III) does not displace regular employees;
16                (IV) is performed under the close supervision
17            of existing staff; and
18                (V) provides no immediate advantage to the
19            employer providing the training and may
20            occasionally impede the operations of the
21            employer.
22        (2) "Employee" does not include:
23            (a) (Blank);
24            (b) Individuals employed by persons who are not
25        "employers" as defined by this Act;
26            (c) Elected public officials or the members of

 

 

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1        their immediate personal staffs;
2            (d) Principal administrative officers of the State
3        or of any political subdivision, municipal corporation
4        or other governmental unit or agency;
5            (e) A person in a vocational rehabilitation
6        facility certified under federal law who has been
7        designated an evaluee, trainee, or work activity
8        client.
9    (B) Employer.
10        (1) "Employer" includes:
11            (a) Any person employing one or more employees
12        within Illinois during 20 or more calendar weeks
13        within the calendar year of or preceding the alleged
14        violation;
15            (b) Any person employing one or more employees
16        when a complainant alleges civil rights violation due
17        to unlawful discrimination based upon his or her
18        physical or mental disability unrelated to ability,
19        pregnancy, or sexual harassment;
20            (c) The State and any political subdivision,
21        municipal corporation or other governmental unit or
22        agency, without regard to the number of employees;
23            (d) Any party to a public contract without regard
24        to the number of employees;
25            (e) A joint apprenticeship or training committee
26        without regard to the number of employees.

 

 

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1        (2) "Employer" does not include any place of worship,
2    religious corporation, association, educational
3    institution, society, or non-profit nursing institution
4    conducted by and for those who rely upon treatment by
5    prayer through spiritual means in accordance with the
6    tenets of a recognized church or religious denomination
7    with respect to the employment of individuals of a
8    particular religion to perform work connected with the
9    carrying on by such place of worship, corporation,
10    association, educational institution, society or
11    non-profit nursing institution of its activities.
12    (C) Employment Agency. "Employment Agency" includes both
13public and private employment agencies and any person, labor
14organization, or labor union having a hiring hall or hiring
15office regularly undertaking, with or without compensation, to
16procure opportunities to work, or to procure, recruit, refer
17or place employees.
18    (D) Labor Organization. "Labor Organization" includes any
19organization, labor union, craft union, or any voluntary
20unincorporated association designed to further the cause of
21the rights of union labor which is constituted for the
22purpose, in whole or in part, of collective bargaining or of
23dealing with employers concerning grievances, terms or
24conditions of employment, or apprenticeships or applications
25for apprenticeships, or of other mutual aid or protection in
26connection with employment, including apprenticeships or

 

 

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1applications for apprenticeships.
2    (D-5) Predictive Data Analytics. "Predictive data
3analytics" means the use of automated machine learning
4algorithms for the purpose of statistically analyzing a
5person's behavior.
6    (E) Sexual Harassment. "Sexual harassment" means any
7unwelcome sexual advances or requests for sexual favors or any
8conduct of a sexual nature when (1) submission to such conduct
9is made either explicitly or implicitly a term or condition of
10an individual's employment, (2) submission to or rejection of
11such conduct by an individual is used as the basis for
12employment decisions affecting such individual, or (3) such
13conduct has the purpose or effect of substantially interfering
14with an individual's work performance or creating an
15intimidating, hostile or offensive working environment.
16    For purposes of this definition, the phrase "working
17environment" is not limited to a physical location an employee
18is assigned to perform his or her duties.
19    (E-1) Harassment. "Harassment" means any unwelcome conduct
20on the basis of an individual's actual or perceived race,
21color, religion, national origin, ancestry, age, sex, marital
22status, order of protection status, disability, military
23status, sexual orientation, pregnancy, unfavorable discharge
24from military service, citizenship status, or work
25authorization status that has the purpose or effect of
26substantially interfering with the individual's work

 

 

10200HB1811ham003- 6 -LRB102 03966 SPS 37173 a

1performance or creating an intimidating, hostile, or offensive
2working environment. For purposes of this definition, the
3phrase "working environment" is not limited to a physical
4location an employee is assigned to perform his or her duties.
5    (F) Religion. "Religion" with respect to employers
6includes all aspects of religious observance and practice, as
7well as belief, unless an employer demonstrates that he is
8unable to reasonably accommodate an employee's or prospective
9employee's religious observance or practice without undue
10hardship on the conduct of the employer's business.
11    (G) Public Employer. "Public employer" means the State, an
12agency or department thereof, unit of local government, school
13district, instrumentality or political subdivision.
14    (H) Public Employee. "Public employee" means an employee
15of the State, agency or department thereof, unit of local
16government, school district, instrumentality or political
17subdivision. "Public employee" does not include public
18officers or employees of the General Assembly or agencies
19thereof.
20    (I) Public Officer. "Public officer" means a person who is
21elected to office pursuant to the Constitution or a statute or
22ordinance, or who is appointed to an office which is
23established, and the qualifications and duties of which are
24prescribed, by the Constitution or a statute or ordinance, to
25discharge a public duty for the State, agency or department
26thereof, unit of local government, school district,

 

 

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1instrumentality or political subdivision.
2    (J) Eligible Bidder. "Eligible bidder" means a person who,
3prior to contract award or prior to bid opening for State
4contracts for construction or construction-related services,
5has filed with the Department a properly completed, sworn and
6currently valid employer report form, pursuant to the
7Department's regulations. The provisions of this Article
8relating to eligible bidders apply only to bids on contracts
9with the State and its departments, agencies, boards, and
10commissions, and the provisions do not apply to bids on
11contracts with units of local government or school districts.
12    (K) Citizenship Status. "Citizenship status" means the
13status of being:
14        (1) a born U.S. citizen;
15        (2) a naturalized U.S. citizen;
16        (3) a U.S. national; or
17        (4) a person born outside the United States and not a
18    U.S. citizen who is not an unauthorized alien and who is
19    protected from discrimination under the provisions of
20    Section 1324b of Title 8 of the United States Code, as now
21    or hereafter amended.
22    (L) Work Authorization Status. "Work authorization status"
23means the status of being a person born outside of the United
24States, and not a U.S. citizen, who is authorized by the
25federal government to work in the United States.
26(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;

 

 

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1102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
 
2    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
3    Sec. 2-102. Civil rights violations - employment. It is a
4civil rights violation:
5        (A) Employers. For any employer to refuse to hire, to
6    segregate, to engage in harassment as defined in
7    subsection (E-1) of Section 2-101, or to act with respect
8    to recruitment, hiring, promotion, renewal of employment,
9    selection for training or apprenticeship, discharge,
10    discipline, tenure or terms, privileges or conditions of
11    employment on the basis of unlawful discrimination,
12    citizenship status, or work authorization status. An
13    employer is responsible for harassment by the employer's
14    nonmanagerial and nonsupervisory employees only if the
15    employer becomes aware of the conduct and fails to take
16    reasonable corrective measures.
17        (A-5) Language. For an employer to impose a
18    restriction that has the effect of prohibiting a language
19    from being spoken by an employee in communications that
20    are unrelated to the employee's duties.
21        For the purposes of this subdivision (A-5), "language"
22    means a person's native tongue, such as Polish, Spanish,
23    or Chinese. "Language" does not include such things as
24    slang, jargon, profanity, or vulgarity.
25        (A-10) Harassment of nonemployees. For any employer,

 

 

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1    employment agency, or labor organization to engage in
2    harassment of nonemployees in the workplace. An employer
3    is responsible for harassment of nonemployees by the
4    employer's nonmanagerial and nonsupervisory employees only
5    if the employer becomes aware of the conduct and fails to
6    take reasonable corrective measures. For the purposes of
7    this subdivision (A-10), "nonemployee" means a person who
8    is not otherwise an employee of the employer and is
9    directly performing services for the employer pursuant to
10    a contract with that employer. "Nonemployee" includes
11    contractors and consultants. This subdivision applies to
12    harassment occurring on or after the effective date of
13    this amendatory Act of the 101st General Assembly.
14        (B) Employment agency. For any employment agency to
15    fail or refuse to classify properly, accept applications
16    and register for employment referral or apprenticeship
17    referral, refer for employment, or refer for
18    apprenticeship on the basis of unlawful discrimination,
19    citizenship status, or work authorization status or to
20    accept from any person any job order, requisition or
21    request for referral of applicants for employment or
22    apprenticeship which makes or has the effect of making
23    unlawful discrimination or discrimination on the basis of
24    citizenship status or work authorization status a
25    condition of referral.
26        (C) Labor organization. For any labor organization to

 

 

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1    limit, segregate or classify its membership, or to limit
2    employment opportunities, selection and training for
3    apprenticeship in any trade or craft, or otherwise to
4    take, or fail to take, any action which affects adversely
5    any person's status as an employee or as an applicant for
6    employment or as an apprentice, or as an applicant for
7    apprenticeships, or wages, tenure, hours of employment or
8    apprenticeship conditions on the basis of unlawful
9    discrimination, citizenship status, or work authorization
10    status.
11        (D) Sexual harassment. For any employer, employee,
12    agent of any employer, employment agency or labor
13    organization to engage in sexual harassment; provided,
14    that an employer shall be responsible for sexual
15    harassment of the employer's employees by nonemployees or
16    nonmanagerial and nonsupervisory employees only if the
17    employer becomes aware of the conduct and fails to take
18    reasonable corrective measures.
19        (D-5) Sexual harassment of nonemployees. For any
20    employer, employee, agent of any employer, employment
21    agency, or labor organization to engage in sexual
22    harassment of nonemployees in the workplace. An employer
23    is responsible for sexual harassment of nonemployees by
24    the employer's nonmanagerial and nonsupervisory employees
25    only if the employer becomes aware of the conduct and
26    fails to take reasonable corrective measures. For the

 

 

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1    purposes of this subdivision (D-5), "nonemployee" means a
2    person who is not otherwise an employee of the employer
3    and is directly performing services for the employer
4    pursuant to a contract with that employer. "Nonemployee"
5    includes contractors and consultants. This subdivision
6    applies to sexual harassment occurring on or after the
7    effective date of this amendatory Act of the 101st General
8    Assembly.
9        (E) Public employers. For any public employer to
10    refuse to permit a public employee under its jurisdiction
11    who takes time off from work in order to practice his or
12    her religious beliefs to engage in work, during hours
13    other than such employee's regular working hours,
14    consistent with the operational needs of the employer and
15    in order to compensate for work time lost for such
16    religious reasons. Any employee who elects such deferred
17    work shall be compensated at the wage rate which he or she
18    would have earned during the originally scheduled work
19    period. The employer may require that an employee who
20    plans to take time off from work in order to practice his
21    or her religious beliefs provide the employer with a
22    notice of his or her intention to be absent from work not
23    exceeding 5 days prior to the date of absence.
24        (E-5) Religious discrimination. For any employer to
25    impose upon a person as a condition of obtaining or
26    retaining employment, including opportunities for

 

 

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1    promotion, advancement, or transfer, any terms or
2    conditions that would require such person to violate or
3    forgo a sincerely held practice of his or her religion
4    including, but not limited to, the wearing of any attire,
5    clothing, or facial hair in accordance with the
6    requirements of his or her religion, unless, after
7    engaging in a bona fide effort, the employer demonstrates
8    that it is unable to reasonably accommodate the employee's
9    or prospective employee's sincerely held religious belief,
10    practice, or observance without undue hardship on the
11    conduct of the employer's business.
12        Nothing in this Section prohibits an employer from
13    enacting a dress code or grooming policy that may include
14    restrictions on attire, clothing, or facial hair to
15    maintain workplace safety or food sanitation.
16        (F) Training and apprenticeship programs. For any
17    employer, employment agency or labor organization to
18    discriminate against a person on the basis of age in the
19    selection, referral for or conduct of apprenticeship or
20    training programs.
21        (G) Immigration-related practices.
22            (1) for an employer to request for purposes of
23        satisfying the requirements of Section 1324a(b) of
24        Title 8 of the United States Code, as now or hereafter
25        amended, more or different documents than are required
26        under such Section or to refuse to honor documents

 

 

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1        tendered that on their face reasonably appear to be
2        genuine or to refuse to honor work authorization based
3        upon the specific status or term of status that
4        accompanies the authorization to work; or
5            (2) for an employer participating in the E-Verify
6        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
7        Programs for Employment Eligibility Confirmation
8        (enacted by PL 104-208, div. C title IV, subtitle A) to
9        refuse to hire, to segregate, or to act with respect to
10        recruitment, hiring, promotion, renewal of employment,
11        selection for training or apprenticeship, discharge,
12        discipline, tenure or terms, privileges or conditions
13        of employment without following the procedures under
14        the E-Verify Program.
15        (H) (Blank).
16        (I) Pregnancy. For an employer to refuse to hire, to
17    segregate, or to act with respect to recruitment, hiring,
18    promotion, renewal of employment, selection for training
19    or apprenticeship, discharge, discipline, tenure or terms,
20    privileges or conditions of employment on the basis of
21    pregnancy, childbirth, or medical or common conditions
22    related to pregnancy or childbirth. Women affected by
23    pregnancy, childbirth, or medical or common conditions
24    related to pregnancy or childbirth shall be treated the
25    same for all employment-related purposes, including
26    receipt of benefits under fringe benefit programs, as

 

 

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1    other persons not so affected but similar in their ability
2    or inability to work, regardless of the source of the
3    inability to work or employment classification or status.
4        (J) Pregnancy; reasonable accommodations.
5            (1) If after a job applicant or employee,
6        including a part-time, full-time, or probationary
7        employee, requests a reasonable accommodation, for an
8        employer to not make reasonable accommodations for any
9        medical or common condition of a job applicant or
10        employee related to pregnancy or childbirth, unless
11        the employer can demonstrate that the accommodation
12        would impose an undue hardship on the ordinary
13        operation of the business of the employer. The
14        employer may request documentation from the employee's
15        health care provider concerning the need for the
16        requested reasonable accommodation or accommodations
17        to the same extent documentation is requested for
18        conditions related to disability if the employer's
19        request for documentation is job-related and
20        consistent with business necessity. The employer may
21        require only the medical justification for the
22        requested accommodation or accommodations, a
23        description of the reasonable accommodation or
24        accommodations medically advisable, the date the
25        reasonable accommodation or accommodations became
26        medically advisable, and the probable duration of the

 

 

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1        reasonable accommodation or accommodations. It is the
2        duty of the individual seeking a reasonable
3        accommodation or accommodations to submit to the
4        employer any documentation that is requested in
5        accordance with this paragraph. Notwithstanding the
6        provisions of this paragraph, the employer may require
7        documentation by the employee's health care provider
8        to determine compliance with other laws. The employee
9        and employer shall engage in a timely, good faith, and
10        meaningful exchange to determine effective reasonable
11        accommodations.
12            (2) For an employer to deny employment
13        opportunities or benefits to or take adverse action
14        against an otherwise qualified job applicant or
15        employee, including a part-time, full-time, or
16        probationary employee, if the denial or adverse action
17        is based on the need of the employer to make reasonable
18        accommodations to the known medical or common
19        conditions related to the pregnancy or childbirth of
20        the applicant or employee.
21            (3) For an employer to require a job applicant or
22        employee, including a part-time, full-time, or
23        probationary employee, affected by pregnancy,
24        childbirth, or medical or common conditions related to
25        pregnancy or childbirth to accept an accommodation
26        when the applicant or employee did not request an

 

 

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

 

 

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

 

 

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

 

 

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1            (1) For an employer to fail to post or keep posted
2        in a conspicuous location on the premises of the
3        employer where notices to employees are customarily
4        posted, or fail to include in any employee handbook
5        information concerning an employee's rights under this
6        Article, a notice, to be prepared or approved by the
7        Department, summarizing the requirements of this
8        Article and information pertaining to the filing of a
9        charge, including the right to be free from unlawful
10        discrimination, the right to be free from sexual
11        harassment, and the right to certain reasonable
12        accommodations. The Department shall make the
13        documents required under this paragraph available for
14        retrieval from the Department's website.
15            (2) Upon notification of a violation of paragraph
16        (1) of this subdivision (K), the Department may launch
17        a preliminary investigation. If the Department finds a
18        violation, the Department may issue a notice to show
19        cause giving the employer 30 days to correct the
20        violation. If the violation is not corrected, the
21        Department may initiate a charge of a civil rights
22        violation.
23        (L) Predictive Data Analytics.
24            (1) An employer that uses predictive data
25        analytics in its employment decisions may not consider
26        the applicant's race or zip code when used as a proxy

 

 

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1        for race to reject an applicant in the context of
2        recruiting, hiring, promotion, renewal of employment,
3        selection for training or apprenticeship, discharge,
4        discipline, tenure or terms, privileges, or conditions
5        of employment.
6            (2) Nothing in this Act shall be construed to
7        prevent the use of predictive data analytics to
8        support the inclusion of diverse candidates in making
9        employment decisions.
10(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
 
11    Section 10. The Consumer Fraud and Deceptive Business
12Practices Act is amended by adding Section 2AAAA as follows:
 
13    (815 ILCS 505/2AAAA new)
14    Sec. 2AAAA. Creditworthiness; use of predictive analytics.
15    (a) In this Section, "predictive data analytics" means the
16use of automated machine learning algorithms for the purpose
17of statistically analyzing a person's behavior.
18    (b) A person or entity that relies either partially or
19fully on predictive data analytics to determine a consumer's
20creditworthiness may not allow the use of information about
21the consumer that assigns specific risk factors to the
22consumer's race or zip code resulting in rejection of credit
23or other adverse credit-related action to a consumer.
24    (c) A person or entity that uses predictive data analytics

 

 

10200HB1811ham003- 21 -LRB102 03966 SPS 37173 a

1to determine the creditworthiness of more than 50 consumers in
2a calendar year who are Illinois residents shall, within 90
3days after the effective date of this amendatory Act of the
4102nd General Assembly, devise procedures to ensure that it
5does not consider information that assigns specific risk
6factors to a consumer's race or zip code when rejecting or
7taking other adverse action on a consumer's application for
8credit.
9    (d) A person or entity that violates this Section commits
10an unlawful practice within the meaning of this Act.".