Illinois General Assembly - Full Text of HB2161
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Full Text of HB2161  103rd General Assembly


Rep. Will Guzzardi

Filed: 2/23/2023





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2    AMENDMENT NO. ______. Amend House Bill 2161 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-102, 2-101, and 6-101 as follows:
6    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7    Sec. 1-102. Declaration of Policy. It is the public
8policy of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for
10all individuals within Illinois the freedom from
11discrimination against any individual because of his or her
12race, color, religion, sex, national origin, ancestry, age,
13order of protection status, marital status, physical or mental
14disability, military status, sexual orientation, pregnancy,
15family responsibilities in employment, or unfavorable
16discharge from military service in connection with employment,



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1real estate transactions, access to financial credit, and the
2availability of public accommodations.
3    (B) Freedom from Sexual Harassment-Employment and
4Elementary, Secondary, and Higher Education. To prevent sexual
5harassment in employment and sexual harassment in elementary,
6secondary, and higher education.
7    (C) Freedom from Discrimination Based on Citizenship
8Status-Employment. To prevent discrimination based on
9citizenship status in employment.
10    (C-5) Freedom from Discrimination Based on Work
11Authorization Status-Employment. To prevent discrimination
12based on the specific status or term of status that
13accompanies a legal work authorization.
14    (D) Freedom from Discrimination Based on Familial Status
15or Source of Income-Real Estate Transactions. To prevent
16discrimination based on familial status or source of income in
17real estate transactions.
18    (E) Public Health, Welfare and Safety. To promote the
19public health, welfare and safety by protecting the interest
20of all people in Illinois in maintaining personal dignity, in
21realizing their full productive capacities, and in furthering
22their interests, rights and privileges as citizens of this
24    (F) Implementation of Constitutional Guarantees. To secure
25and guarantee the rights established by Sections 17, 18 and 19
26of Article I of the Illinois Constitution of 1970.



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1    (G) Equal Opportunity, Affirmative Action. To establish
2Equal Opportunity and Affirmative Action as the policies of
3this State in all of its decisions, programs and activities,
4and to assure that all State departments, boards, commissions
5and instrumentalities rigorously take affirmative action to
6provide equality of opportunity and eliminate the effects of
7past discrimination in the internal affairs of State
8government and in their relations with the public.
9    (H) Unfounded Charges. To protect citizens of this State
10against unfounded charges of unlawful discrimination, sexual
11harassment in employment and sexual harassment in elementary,
12secondary, and higher education, and discrimination based on
13citizenship status or work authorization status in employment.
14(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
15    (775 ILCS 5/2-101)
16    Sec. 2-101. Definitions. The following definitions are
17applicable strictly in the context of this Article.
18    (A) Employee.
19        (1) "Employee" includes:
20            (a) Any individual performing services for
21        remuneration within this State for an employer;
22            (b) An apprentice;
23            (c) An applicant for any apprenticeship.
24        For purposes of subsection (D) of Section 2-102 of
25    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    (E) Sexual Harassment. "Sexual harassment" means any
3unwelcome sexual advances or requests for sexual favors or any
4conduct of a sexual nature when (1) submission to such conduct
5is made either explicitly or implicitly a term or condition of
6an individual's employment, (2) submission to or rejection of
7such conduct by an individual is used as the basis for
8employment decisions affecting such individual, or (3) such
9conduct has the purpose or effect of substantially interfering
10with an individual's work performance or creating an
11intimidating, hostile or offensive working environment.
12    For purposes of this definition, the phrase "working
13environment" is not limited to a physical location an employee
14is assigned to perform his or her duties.
15    (E-1) Harassment. "Harassment" means any unwelcome conduct
16on the basis of an individual's actual or perceived race,
17color, religion, national origin, ancestry, age, sex, marital
18status, order of protection status, disability, military
19status, sexual orientation, pregnancy, unfavorable discharge
20from military service, citizenship status, or work
21authorization status, or family responsibilities that has the
22purpose or effect of substantially interfering with the
23individual's work performance or creating an intimidating,
24hostile, or offensive working environment. For purposes of
25this definition, the phrase "working environment" is not
26limited to a physical location an employee is assigned to



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



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1contracts for construction or construction-related services,
2has filed with the Department a properly completed, sworn and
3currently valid employer report form, pursuant to the
4Department's regulations. The provisions of this Article
5relating to eligible bidders apply only to bids on contracts
6with the State and its departments, agencies, boards, and
7commissions, and the provisions do not apply to bids on
8contracts with units of local government or school districts.
9    (K) Citizenship Status. "Citizenship status" means the
10status of being:
11        (1) a born U.S. citizen;
12        (2) a naturalized U.S. citizen;
13        (3) a U.S. national; or
14        (4) a person born outside the United States and not a
15    U.S. citizen who is lawfully present and who is protected
16    from discrimination under the provisions of Section 1324b
17    of Title 8 of the United States Code, as now or hereafter
18    amended.
19    (L) Work Authorization Status. "Work authorization status"
20means the status of being a person born outside of the United
21States, and not a U.S. citizen, who is authorized by the
22federal government to work in the United States.
23    (M) Family Responsibilities. "Family responsibilities"
24means an employee's actual or perceived provision of personal
25care to a family member, whether in the past, present, or



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1    (N) "Personal care" has the meaning given to that term in
2the Employee Sick Leave Act.
3    (O) "Family member" has the meaning given to the term
4"covered family member" in the Employee Sick Leave Act.
5(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
6102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
8    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
9    Sec. 6-101. Additional civil rights violations under
10Articles 2, 4, 5, and 5A. It is a civil rights violation for a
11person, or for 2 or more persons, to conspire to:
12        (A) Retaliation. Retaliate against a person because he
13    or she has opposed that which he or she reasonably and in
14    good faith believes to be unlawful discrimination, sexual
15    harassment in employment, sexual harassment in elementary,
16    secondary, and higher education, or discrimination based
17    on arrest record, citizenship status, or work
18    authorization status, or family responsibilities in
19    employment under Articles 2, 4, 5, and 5A, because he or
20    she has made a charge, filed a complaint, testified,
21    assisted, or participated in an investigation, proceeding,
22    or hearing under this Act, or because he or she has
23    requested, attempted to request, used, or attempted to use
24    a reasonable accommodation as allowed by this Act;
25        (B) Aiding and Abetting; Coercion. Aid, abet, compel,



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1    or coerce a person to commit any violation of this Act;
2        (C) Interference. Wilfully interfere with the
3    performance of a duty or the exercise of a power by the
4    Commission or one of its members or representatives or the
5    Department or one of its officers or employees.
6    Definitions. For the purposes of this Section, "sexual
7harassment", "citizenship status", and "work authorization
8status", and "family responsibilities" shall have the same
9meaning as defined in Section 2-101 of this Act.
10(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
11102-813, eff. 5-13-22.)".