Illinois General Assembly - Full Text of HB4867
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4867  103rd General Assembly

HB4867ham001 103RD GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 3/8/2024

 

 


 

 


 
10300HB4867ham001LRB103 37426 JRC 70405 a

1
AMENDMENT TO HOUSE BILL 4867

2    AMENDMENT NO. ______. Amend House Bill 4867 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10300HB4867ham001- 2 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 3 -LRB103 37426 JRC 70405 a

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.

 

 

10300HB4867ham001- 4 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 5 -LRB103 37426 JRC 70405 a

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 reproductive health decisions that
22has the purpose or effect of substantially interfering with
23the individual'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

 

 

10300HB4867ham001- 6 -LRB103 37426 JRC 70405 a

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
16thereof.
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

 

 

10300HB4867ham001- 7 -LRB103 37426 JRC 70405 a

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) Reproductive Health Decisions. "Reproductive health
24decisions" means a person's decisions regarding the person's
25use of: contraception; fertility or sterilization care;
26miscarriage management care; health care related to the

 

 

10300HB4867ham001- 8 -LRB103 37426 JRC 70405 a

1continuation or termination of pregnancy; or prenatal,
2intranatal, or postnatal care.
3(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
4102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
55-27-22.)
 
6    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
7    Sec. 2-102. Civil rights violations - employment. It is a
8civil rights violation:
9        (A) Employers. For any employer to refuse to hire, to
10    segregate, to engage in harassment as defined in
11    subsection (E-1) of Section 2-101, or to act with respect
12    to recruitment, hiring, promotion, renewal of employment,
13    selection for training or apprenticeship, discharge,
14    discipline, tenure or terms, privileges or conditions of
15    employment on the basis of unlawful discrimination,
16    citizenship status, or work authorization status, or
17    reproductive health decisions. An employer is responsible
18    for harassment by the employer's nonmanagerial and
19    nonsupervisory employees only if the employer becomes
20    aware of the conduct and fails to take reasonable
21    corrective measures.
22        (A-5) Language. For an employer to impose a
23    restriction that has the effect of prohibiting a language
24    from being spoken by an employee in communications that
25    are unrelated to the employee's duties.

 

 

10300HB4867ham001- 9 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 10 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 11 -LRB103 37426 JRC 70405 a

1    agency, or labor organization to engage in sexual
2    harassment of nonemployees in the workplace. An employer
3    is responsible for sexual harassment of nonemployees by
4    the employer's nonmanagerial and nonsupervisory employees
5    only if the employer becomes aware of the conduct and
6    fails to take reasonable corrective measures. For the
7    purposes of this subdivision (D-5), "nonemployee" means a
8    person who is not otherwise an employee of the employer
9    and is directly performing services for the employer
10    pursuant to a contract with that employer. "Nonemployee"
11    includes contractors and consultants. This subdivision
12    applies to sexual harassment occurring on or after the
13    effective date of this amendatory Act of the 101st General
14    Assembly.
15        (E) Public employers. For any public employer to
16    refuse to permit a public employee under its jurisdiction
17    who takes time off from work in order to practice his or
18    her religious beliefs to engage in work, during hours
19    other than such employee's regular working hours,
20    consistent with the operational needs of the employer and
21    in order to compensate for work time lost for such
22    religious reasons. Any employee who elects such deferred
23    work shall be compensated at the wage rate which he or she
24    would have earned during the originally scheduled work
25    period. The employer may require that an employee who
26    plans to take time off from work in order to practice his

 

 

10300HB4867ham001- 12 -LRB103 37426 JRC 70405 a

1    or her religious beliefs provide the employer with a
2    notice of his or her intention to be absent from work not
3    exceeding 5 days prior to the date of absence.
4        (E-5) Religious discrimination. For any employer to
5    impose upon a person as a condition of obtaining or
6    retaining employment, including opportunities for
7    promotion, advancement, or transfer, any terms or
8    conditions that would require such person to violate or
9    forgo a sincerely held practice of his or her religion
10    including, but not limited to, the wearing of any attire,
11    clothing, or facial hair in accordance with the
12    requirements of his or her religion, unless, after
13    engaging in a bona fide effort, the employer demonstrates
14    that it is unable to reasonably accommodate the employee's
15    or prospective employee's sincerely held religious belief,
16    practice, or observance without undue hardship on the
17    conduct of the employer's business.
18        Nothing in this Section prohibits an employer from
19    enacting a dress code or grooming policy that may include
20    restrictions on attire, clothing, or facial hair to
21    maintain workplace safety or food sanitation.
22        (F) Training and apprenticeship programs. For any
23    employer, employment agency or labor organization to
24    discriminate against a person on the basis of age in the
25    selection, referral for or conduct of apprenticeship or
26    training programs.

 

 

10300HB4867ham001- 13 -LRB103 37426 JRC 70405 a

1        (G) Immigration-related practices.
2            (1) for an employer to request for purposes of
3        satisfying the requirements of Section 1324a(b) of
4        Title 8 of the United States Code, as now or hereafter
5        amended, more or different documents than are required
6        under such Section or to refuse to honor documents
7        tendered that on their face reasonably appear to be
8        genuine or to refuse to honor work authorization based
9        upon the specific status or term of status that
10        accompanies the authorization to work; or
11            (2) for an employer participating in the E-Verify
12        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
13        Programs for Employment Eligibility Confirmation
14        (enacted by PL 104-208, div. C title IV, subtitle A) to
15        refuse to hire, to segregate, or to act with respect to
16        recruitment, hiring, promotion, renewal of employment,
17        selection for training or apprenticeship, discharge,
18        discipline, tenure or terms, privileges or conditions
19        of employment without following the procedures under
20        the E-Verify Program.
21        (H) (Blank).
22        (I) Pregnancy. For an employer to refuse to hire, to
23    segregate, or to act with respect to recruitment, hiring,
24    promotion, renewal of employment, selection for training
25    or apprenticeship, discharge, discipline, tenure or terms,
26    privileges or conditions of employment on the basis of

 

 

10300HB4867ham001- 14 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 15 -LRB103 37426 JRC 70405 a

1        require only the medical justification for the
2        requested accommodation or accommodations, a
3        description of the reasonable accommodation or
4        accommodations medically advisable, the date the
5        reasonable accommodation or accommodations became
6        medically advisable, and the probable duration of the
7        reasonable accommodation or accommodations. It is the
8        duty of the individual seeking a reasonable
9        accommodation or accommodations to submit to the
10        employer any documentation that is requested in
11        accordance with this paragraph. Notwithstanding the
12        provisions of this paragraph, the employer may require
13        documentation by the employee's health care provider
14        to determine compliance with other laws. The employee
15        and employer shall engage in a timely, good faith, and
16        meaningful exchange to determine effective reasonable
17        accommodations.
18            (2) For an employer to deny employment
19        opportunities or benefits to or take adverse action
20        against an otherwise qualified job applicant or
21        employee, including a part-time, full-time, or
22        probationary employee, if the denial or adverse action
23        is based on the need of the employer to make reasonable
24        accommodations to the known medical or common
25        conditions related to the pregnancy or childbirth of
26        the applicant or employee.

 

 

10300HB4867ham001- 16 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 17 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 18 -LRB103 37426 JRC 70405 a

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

 

 

10300HB4867ham001- 19 -LRB103 37426 JRC 70405 a

1    accommodation. The employer is not required to discharge
2    any employee, transfer any employee with more seniority,
3    or promote any employee who is not qualified to perform
4    the job, unless the employer does so or would do so to
5    accommodate other classes of employees who need it.
6        (K) Notice.
7            (1) For an employer to fail to post or keep posted
8        in a conspicuous location on the premises of the
9        employer where notices to employees are customarily
10        posted, or fail to include in any employee handbook
11        information concerning an employee's rights under this
12        Article, a notice, to be prepared or approved by the
13        Department, summarizing the requirements of this
14        Article and information pertaining to the filing of a
15        charge, including the right to be free from unlawful
16        discrimination, the right to be free from sexual
17        harassment, and the right to certain reasonable
18        accommodations. The Department shall make the
19        documents required under this paragraph available for
20        retrieval from the Department's website.
21            (2) Upon notification of a violation of paragraph
22        (1) of this subdivision (K), the Department may launch
23        a preliminary investigation. If the Department finds a
24        violation, the Department may issue a notice to show
25        cause giving the employer 30 days to correct the
26        violation. If the violation is not corrected, the

 

 

10300HB4867ham001- 20 -LRB103 37426 JRC 70405 a

1        Department may initiate a charge of a civil rights
2        violation.
3(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)".