Full Text of SB3215 101st General Assembly
SB3215 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3215 Introduced 2/11/2020, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 | 775 ILCS 5/2-105 | from Ch. 68, par. 2-105 | 775 ILCS 5/3-102.10 new | | 775 ILCS 5/5A-101.1 | | 775 ILCS 5/6-101 | from Ch. 68, par. 6-101 | 775 ILCS 5/6-101.5 new | | 775 ILCS 5/7A-101 | from Ch. 68, par. 7A-101 | 775 ILCS 5/7B-101 | from Ch. 68, par. 7B-101 | 775 ILCS 5/7B-102 | from Ch. 68, par. 7B-102 | 775 ILCS 5/8A-101 | from Ch. 68, par. 8A-101 | 775 ILCS 5/8B-101 | from Ch. 68, par. 8B-101 |
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Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, or an arrest record, to (1) refuse to engage in loan modification services or to discriminate in making such services available, or (2) alter the terms, conditions, or privileges of such services. Makes changes concerning what constitutes retaliation under various Articles of the Act. Provides that, in proceedings relating to real estate transactions, the failure of the Department to notify the complainant or respondent in writing of the reasons for not completing an investigation on the allegations set forth in a charge within 100 days shall not deprive the Department of jurisdiction over the charge. Makes corresponding and other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 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 1-103, 2-105, 5A-101.1, 6-101, 7A-101, | 6 | | 7B-101, 7B-102, 8A-101, and 8B-101 and by adding Sections | 7 | | 3-102.10 and 6-101.5 as follows: | 8 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 9 | | Sec. 1-103. General definitions. When used in this Act, | 10 | | unless the
context requires otherwise, the term:
| 11 | | (A) Age. "Age" means the chronological age of a person who | 12 | | is at least
40 years old, except with regard to any practice | 13 | | described in Section
2-102, insofar as that practice concerns | 14 | | training or apprenticeship
programs. In the case of training or | 15 | | apprenticeship programs, for the
purposes of Section 2-102, | 16 | | "age" means the chronological age of a person
who is 18 but not | 17 | | yet 40 years old.
| 18 | | (B) Aggrieved party. "Aggrieved party" means a person who | 19 | | is alleged
or proved to have been injured by a civil rights | 20 | | violation or believes he
or she will be injured by a civil | 21 | | rights violation under Article 3 that is
about to occur.
| 22 | | (B-5) Arrest record. "Arrest record" means: | 23 | | (1) an arrest not leading to a conviction; |
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| 1 | | (2) a juvenile record; or | 2 | | (3) criminal history record information ordered | 3 | | expunged, sealed, or impounded under Section 5.2 of the | 4 | | Criminal Identification Act. | 5 | | (C) Charge. "Charge" means an allegation filed with the | 6 | | Department
by an aggrieved party or initiated by the Department | 7 | | under its
authority.
| 8 | | (D) Civil rights violation. "Civil rights violation" | 9 | | includes and
shall be limited to only those specific acts set | 10 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 11 | | 3-102.10 3-104 , 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, | 12 | | 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
| 13 | | (E) Commission. "Commission" means the Human Rights | 14 | | Commission
created by this Act.
| 15 | | (F) Complaint. "Complaint" means the formal pleading filed | 16 | | by
the Department with the Commission following an | 17 | | investigation and
finding of substantial evidence of a civil | 18 | | rights violation.
| 19 | | (G) Complainant. "Complainant" means a person including | 20 | | the
Department who files a charge of civil rights violation | 21 | | with the Department or
the Commission.
| 22 | | (H) Department. "Department" means the Department of Human | 23 | | Rights
created by this Act.
| 24 | | (I) Disability. "Disability" means a determinable physical | 25 | | or mental
characteristic of a person, including, but not | 26 | | limited to, a determinable
physical characteristic which |
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| 1 | | necessitates the person's use of a guide,
hearing or support | 2 | | dog, the history of such characteristic, or the
perception of | 3 | | such characteristic by the person complained against, which
may | 4 | | result from disease, injury, congenital condition of birth or
| 5 | | functional disorder and which characteristic:
| 6 | | (1) For purposes of Article 2, is unrelated to the | 7 | | person's ability
to perform the duties of a particular job | 8 | | or position and, pursuant to
Section 2-104 of this Act, a | 9 | | person's illegal use of drugs or alcohol is not a
| 10 | | disability;
| 11 | | (2) For purposes of Article 3, is unrelated to the | 12 | | person's ability
to acquire, rent, or maintain a housing | 13 | | accommodation;
| 14 | | (3) For purposes of Article 4, is unrelated to a | 15 | | person's ability to
repay;
| 16 | | (4) For purposes of Article 5, is unrelated to a | 17 | | person's ability to
utilize and benefit from a place of | 18 | | public accommodation;
| 19 | | (5) For purposes of Article 5, also includes any | 20 | | mental, psychological, or developmental disability, | 21 | | including autism spectrum disorders. | 22 | | (J) Marital status. "Marital status" means the legal status | 23 | | of being
married, single, separated, divorced, or widowed.
| 24 | | (J-1) Military status. "Military status" means a person's | 25 | | status on
active duty in or status as a veteran of the armed | 26 | | forces of the United States, status as a current member or |
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| 1 | | veteran of any
reserve component of the armed forces of the | 2 | | United States, including the United
States Army Reserve, United | 3 | | States Marine Corps Reserve, United States Navy
Reserve, United | 4 | | States Air Force Reserve, and United States Coast Guard
| 5 | | Reserve, or status as a current member or veteran of the | 6 | | Illinois Army National Guard or Illinois Air National
Guard.
| 7 | | (K) National origin. "National origin" means the place in | 8 | | which a
person or one of his or her ancestors was born.
| 9 | | (K-5) "Order of protection status" means a person's status | 10 | | as being a person protected under an order of protection issued | 11 | | pursuant to the Illinois Domestic Violence Act of 1986, Article | 12 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No | 13 | | Contact Order Act, or the Civil No Contact Order Act, or an | 14 | | order of protection issued by a court of another state. | 15 | | (L) Person. "Person" includes one or more individuals, | 16 | | partnerships,
associations or organizations, labor | 17 | | organizations, labor unions, joint
apprenticeship committees, | 18 | | or union labor associations, corporations, the
State of | 19 | | Illinois and its instrumentalities, political subdivisions, | 20 | | units
of local government, legal representatives, trustees in | 21 | | bankruptcy
or receivers.
| 22 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 23 | | or medical or common conditions related to pregnancy or | 24 | | childbirth. | 25 | | (M) Public contract. "Public contract" includes every | 26 | | contract to which the
State, any of its political subdivisions, |
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| 1 | | or any municipal corporation is a
party.
| 2 | | (N) Religion. "Religion" includes all aspects of religious | 3 | | observance
and practice, as well as belief, except that with | 4 | | respect to employers, for
the purposes of Article 2, "religion" | 5 | | has the meaning ascribed to it in
paragraph (F) of Section | 6 | | 2-101.
| 7 | | (O) Sex. "Sex" means the status of being male or female.
| 8 | | (O-1) Sexual orientation. "Sexual orientation" means | 9 | | actual or
perceived heterosexuality, homosexuality, | 10 | | bisexuality, or gender-related identity,
whether or not | 11 | | traditionally associated with the person's designated sex at
| 12 | | birth. "Sexual orientation" does not include a physical or | 13 | | sexual attraction to a minor by an adult.
| 14 | | (P) Unfavorable military discharge. "Unfavorable military | 15 | | discharge"
includes discharges from the Armed Forces of the | 16 | | United States, their
Reserve components, or any National Guard | 17 | | or Naval Militia which are
classified as RE-3 or the equivalent | 18 | | thereof, but does not include those
characterized as RE-4 or | 19 | | "Dishonorable".
| 20 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 21 | | means discrimination
against a person because of his or her | 22 | | actual or perceived: race, color, religion, national origin,
| 23 | | ancestry, age, sex, marital status, order of protection status, | 24 | | disability, military status, sexual
orientation, pregnancy,
or | 25 | | unfavorable
discharge from military service as those terms are | 26 | | defined in this Section.
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| 1 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | 2 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| 3 | | (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
| 4 | | Sec. 2-105. Equal Employment Opportunities; Affirmative | 5 | | Action.
| 6 | | (A) Public Contracts. Every party to a public contract and | 7 | | every
eligible bidder shall:
| 8 | | (1) Refrain from unlawful discrimination and | 9 | | discrimination based on
citizenship status in employment | 10 | | and undertake affirmative action to assure
equality of | 11 | | employment opportunity and eliminate the effects of past
| 12 | | discrimination;
| 13 | | (2) Comply with the procedures and requirements of the | 14 | | Department's
regulations concerning equal employment | 15 | | opportunities and affirmative action;
| 16 | | (3) Provide such information, with respect to its | 17 | | employees and
applicants for employment, and assistance as | 18 | | the Department may
reasonably request;
| 19 | | (4) Have written sexual harassment policies that shall | 20 | | include, at a
minimum, the following information: (i) the | 21 | | illegality of
sexual harassment; (ii) the definition of | 22 | | sexual harassment under State
law; (iii) a description of | 23 | | sexual harassment, utilizing examples; (iv) the
vendor's | 24 | | internal complaint process including penalties; (v) the | 25 | | legal
recourse, investigative and complaint process |
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| 1 | | available through the
Department and the Commission; (vi) | 2 | | directions on how to contact the
Department and Commission; | 3 | | and (vii) protection against retaliation as
provided by | 4 | | Sections Section 6-101 and 6-101.5 of this Act. A copy of | 5 | | the policies shall
be provided to the Department upon | 6 | | request. Additionally, each bidder who submits a bid or | 7 | | offer for a State contract under the Illinois Procurement | 8 | | Code shall have a written copy of the bidder's sexual | 9 | | harassment policy as required under this paragraph (4). A | 10 | | copy of the policy shall be provided to the State agency | 11 | | entering into the contract upon request.
| 12 | | (B) State Agencies. Every State executive department, | 13 | | State agency,
board, commission, and instrumentality shall:
| 14 | | (1) Comply with the procedures and requirements of the | 15 | | Department's
regulations concerning equal employment | 16 | | opportunities and affirmative action;
| 17 | | (2) Provide such information and assistance as the | 18 | | Department may request.
| 19 | | (3) Establish, maintain, and carry out a continuing | 20 | | affirmative action
plan consistent with this Act and the | 21 | | regulations of the Department designed
to promote equal | 22 | | opportunity for all State residents in every aspect of
| 23 | | agency personnel policy and practice. For purposes of these | 24 | | affirmative
action plans, the race and national origin | 25 | | categories to be included in the
plans are: American Indian | 26 | | or Alaska Native, Asian, Black or African American, |
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| 1 | | Hispanic or Latino, Native Hawaiian or Other Pacific | 2 | | Islander. | 3 | | This plan shall
include a current detailed status | 4 | | report:
| 5 | | (a) indicating, by each position in State service, | 6 | | the number,
percentage, and average salary of | 7 | | individuals employed by race, national
origin, sex and | 8 | | disability, and any other category that the Department | 9 | | may
require by rule;
| 10 | | (b) identifying all positions in which the | 11 | | percentage of the people
employed by race, national | 12 | | origin, sex and disability, and any other
category that | 13 | | the Department may require by rule, is less than | 14 | | four-fifths of
the percentage of each of those | 15 | | components in the State work force;
| 16 | | (c) specifying the goals and methods for | 17 | | increasing the percentage
by race, national origin, | 18 | | sex and disability, and any other category
that the | 19 | | Department may require by rule, in State positions;
| 20 | | (d) indicating progress and problems toward | 21 | | meeting equal employment
opportunity goals, including, | 22 | | if applicable, but not limited to, Department
of | 23 | | Central Management Services recruitment efforts, | 24 | | publicity, promotions,
and use of options designating | 25 | | positions by linguistic abilities;
| 26 | | (e) establishing a numerical hiring goal for the |
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| 1 | | employment of
qualified persons with disabilities in | 2 | | the agency as a whole, to be based
on the proportion of | 3 | | people with work disabilities in the Illinois labor
| 4 | | force as reflected in the most recent employment data | 5 | | made available by the United States Census Bureau.
| 6 | | (4) If the agency has 1000 or more employees, appoint a | 7 | | full-time Equal
Employment Opportunity officer, subject to | 8 | | the Department's approval, whose
duties shall include:
| 9 | | (a) Advising the head of the particular State | 10 | | agency with respect to the
preparation of equal | 11 | | employment opportunity programs, procedures, | 12 | | regulations,
reports, and the agency's affirmative | 13 | | action plan.
| 14 | | (b) Evaluating in writing each fiscal year the | 15 | | sufficiency of the total
agency program for equal | 16 | | employment opportunity and reporting thereon to
the | 17 | | head of the agency with recommendations as to any | 18 | | improvement or
correction in recruiting, hiring or | 19 | | promotion needed, including remedial or
disciplinary | 20 | | action with respect to managerial or supervisory | 21 | | employees who
have failed to cooperate fully or who are | 22 | | in violation of the program.
| 23 | | (c) Making changes in recruitment, training and | 24 | | promotion programs
and in hiring and promotion | 25 | | procedures designed to eliminate
discriminatory | 26 | | practices when authorized.
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| 1 | | (d) Evaluating tests, employment policies,
| 2 | | practices and qualifications
and reporting to the head | 3 | | of the agency and to the Department any policies,
| 4 | | practices and qualifications that have unequal impact | 5 | | by race, national origin
as required by Department | 6 | | rule, sex or disability or any other category that
the | 7 | | Department may require by rule, and to assist in the | 8 | | recruitment of people
in underrepresented | 9 | | classifications. This function shall be performed in
| 10 | | cooperation with the State Department of Central | 11 | | Management Services.
| 12 | | (e) Making any aggrieved employee or applicant for | 13 | | employment aware of
his or her remedies under this Act.
| 14 | | In any meeting, investigation, negotiation, | 15 | | conference, or other
proceeding between a State | 16 | | employee and an Equal Employment Opportunity
officer, | 17 | | a State employee (1) who is not covered by a collective | 18 | | bargaining
agreement and (2) who is the complaining | 19 | | party or the subject of such
proceeding may be | 20 | | accompanied, advised and represented by (1) an | 21 | | attorney
licensed to practice law in the State of | 22 | | Illinois or (2) a representative of an
employee | 23 | | organization whose membership is composed of employees | 24 | | of the State
and of which the employee is a member. A | 25 | | representative of an employee, other
than an attorney, | 26 | | may observe but may not actively participate, or advise |
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| 1 | | the
State employee during the course of such meeting, | 2 | | investigation, negotiation,
conference or other | 3 | | proceeding. Nothing in this Section shall be
construed | 4 | | to permit any person who is not licensed to practice | 5 | | law in Illinois
to deliver any legal services or | 6 | | otherwise engage in any activities that would
| 7 | | constitute the unauthorized practice of law. Any | 8 | | representative of an employee
who is present with the | 9 | | consent of the employee, shall not, during or after
| 10 | | termination of the relationship permitted by this | 11 | | Section with the State
employee, use or reveal any | 12 | | information obtained during the course of the
meeting, | 13 | | investigation, negotiation, conference or other | 14 | | proceeding without the
consent of the complaining | 15 | | party and any State employee who is the subject of
the | 16 | | proceeding and pursuant to rules and regulations | 17 | | governing confidentiality
of such information as | 18 | | promulgated by the appropriate State agency.
| 19 | | Intentional or reckless disclosure of information in | 20 | | violation of these
confidentiality requirements shall | 21 | | constitute a Class B misdemeanor.
| 22 | | (5) Establish, maintain and carry out a continuing | 23 | | sexual harassment
program that shall include the | 24 | | following:
| 25 | | (a) Develop a written sexual harassment policy | 26 | | that includes at a
minimum the following information: |
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| 1 | | (i) the illegality of sexual harassment;
(ii) the | 2 | | definition of sexual harassment under State law; (iii) | 3 | | a
description of sexual harassment, utilizing | 4 | | examples; (iv) the agency's
internal complaint process | 5 | | including penalties; (v) the legal recourse,
| 6 | | investigative and complaint process available through | 7 | | the Department and
the Commission; (vi) directions on | 8 | | how to contact the Department and
Commission; and (vii) | 9 | | protection against retaliation as provided by Section
| 10 | | 6-101 of this Act. The policy shall be reviewed | 11 | | annually.
| 12 | | (b) Post in a prominent and accessible location and | 13 | | distribute in a
manner to assure notice to all agency | 14 | | employees without exception the
agency's sexual | 15 | | harassment policy. Such documents may meet, but shall | 16 | | not
exceed, the 6th grade literacy level. Distribution | 17 | | shall be effectuated within
90 days of the effective | 18 | | date of this amendatory Act of 1992 and shall occur
| 19 | | annually thereafter.
| 20 | | (c) Provide training on sexual harassment | 21 | | prevention and the
agency's sexual harassment policy | 22 | | as a component of all ongoing or new
employee training | 23 | | programs.
| 24 | | (6) Notify the Department 30 days before effecting any | 25 | | layoff. Once
notice is given, the following shall occur:
| 26 | | (a) No layoff may be effective
earlier than 10 |
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| 1 | | working days after
notice to the Department, unless an
| 2 | | emergency layoff situation exists.
| 3 | | (b) The State executive department, State agency, | 4 | | board, commission,
or instrumentality in which the | 5 | | layoffs are to occur must
notify each employee targeted | 6 | | for layoff, the employee's union
representative (if | 7 | | applicable), and the State Dislocated Worker Unit at | 8 | | the
Department of Commerce and Economic Opportunity.
| 9 | | (c) The State executive department, State agency, | 10 | | board, commission,
or instrumentality in
which the | 11 | | layoffs are to occur must conform to applicable | 12 | | collective
bargaining agreements.
| 13 | | (d) The State executive department, State agency, | 14 | | board, commission, or
instrumentality in which the | 15 | | layoffs are to occur should notify each employee
| 16 | | targeted for layoff that transitional assistance may | 17 | | be available to him or her
under the Economic | 18 | | Dislocation and Worker Adjustment Assistance Act
| 19 | | administered by the Department of Commerce and | 20 | | Economic Opportunity. Failure to
give such notice | 21 | | shall not invalidate the layoff or postpone its | 22 | | effective
date.
| 23 | | As used in this subsection (B), "disability" shall be | 24 | | defined in
rules promulgated under the Illinois Administrative
| 25 | | Procedure Act.
| 26 | | (C) Civil Rights Violations. It is a civil rights violation |
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| 1 | | for any
public contractor or eligible bidder to:
| 2 | | (1) fail to comply with the public contractor's or | 3 | | eligible bidder's
duty to refrain from unlawful | 4 | | discrimination and discrimination based on
citizenship | 5 | | status in employment under subsection (A)(1) of this | 6 | | Section; or
| 7 | | (2) fail to comply with the public contractor's or | 8 | | eligible bidder's
duties of affirmative action under | 9 | | subsection (A) of this Section, provided
however, that the
| 10 | | Department has notified the public contractor or eligible | 11 | | bidder in writing
by certified mail that the public | 12 | | contractor or eligible bidder may not be
in compliance with | 13 | | affirmative action requirements of subsection (A). A
| 14 | | minimum
of 60 days to comply with the requirements shall be | 15 | | afforded to the public
contractor or eligible bidder before | 16 | | the Department may issue formal notice of
non-compliance.
| 17 | | (D) As used in this Section: | 18 | | (1) "American Indian or Alaska Native" means a person | 19 | | having origins in any of the original peoples of North and | 20 | | South America, including Central America, and who | 21 | | maintains tribal affiliation or community attachment. | 22 | | (2) "Asian" means a person having origins in any of the | 23 | | original peoples of the Far East, Southeast Asia, or the | 24 | | Indian subcontinent, including, but not limited to, | 25 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 26 | | the Philippine Islands, Thailand, and Vietnam. |
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| 1 | | (3) "Black or African American" means a person having | 2 | | origins in any of the black racial groups of Africa. Terms | 3 | | such as "Haitian" or "Negro" can be used in addition to | 4 | | "Black or African American". | 5 | | (4) "Hispanic or Latino" means a person of Cuban, | 6 | | Mexican, Puerto Rican, South or Central American, or other | 7 | | Spanish culture or origin, regardless of race. | 8 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 9 | | person having origins in any of the original peoples of | 10 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 11 | | (Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19 .)
| 12 | | (775 ILCS 5/3-102.10 new) | 13 | | Sec. 3-102.10. Third-Party loan modification service | 14 | | provider. | 15 | | (A) It is a civil rights violation for a third-party loan | 16 | | modification service provider, because of unlawful | 17 | | discrimination, familial status, or an arrest record, to: | 18 | | (1) refuse to engage in loan modification services or | 19 | | to discriminate in making such services available; or | 20 | | (2) alter the terms, conditions, or privileges of such | 21 | | services. | 22 | | (B) For purposes of this Section, "third-party loan | 23 | | modification service provider" means a person or entity, | 24 | | whether licensed or not, who, for or with the expectation of | 25 | | receiving consideration, provides assistance or services to a |
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| 1 | | loan borrower to obtain a modification to a term of an existing | 2 | | real estate loan or to obtain foreclosure relief. "Third party | 3 | | loan modification service provider" does not include lenders, | 4 | | brokers or appraisers of mortgage loans, or affiliates of the | 5 | | lender collecting the loan payments. | 6 | | (775 ILCS 5/5A-101.1) | 7 | | Sec. 5A-101.1. Notice. | 8 | | (A) Every institution of higher education covered by this | 9 | | Act shall post in a prominent and accessible location a poster | 10 | | stating sexual harassment laws and policies. The poster shall | 11 | | be (i) posted and kept posted at each campus in common area | 12 | | positions easily accessible to all students including, but not | 13 | | limited to residence halls, administration buildings, student | 14 | | unions, cafeterias, and libraries or (ii) posted annually at | 15 | | each campus in common area positions easily accessible to all | 16 | | students including, but not limited to, residence halls, | 17 | | administration buildings, student unions, cafeterias, and | 18 | | libraries, with an electronic copy of the sexual harassment | 19 | | laws and policies also sent to each student at the time that | 20 | | registration materials are emailed or (iii) on campuses that | 21 | | provide for online registration of student classes, such | 22 | | information pertaining to sexual harassment laws and policies | 23 | | may be incorporated into the registration process so that | 24 | | students must review the policies and laws and acknowledge such | 25 | | review, prior to being allowed to register. Documents to be |
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| 1 | | posted shall be retrieved from the Illinois Department of Human | 2 | | Rights website to satisfy posting requirements. Posting of the | 3 | | posters shall be effectuated within 90 days of the effective | 4 | | date of this amendatory Act of the 96th General Assembly and | 5 | | shall occur annually thereafter. | 6 | | (B) The posted sexual harassment poster shall include, at a | 7 | | minimum, the following information: (i) the illegality of | 8 | | sexual harassment in higher education; (ii) the definition of | 9 | | sexual harassment under State law; (iii) a description of | 10 | | sexual harassment, utilizing examples; (iv) the institution's | 11 | | internal complaint process including penalties; (v) the legal | 12 | | recourse, investigative and complaint process available | 13 | | through the Department of Human Rights; (vi) directions on how | 14 | | to contact the Department; and (vii) protection against | 15 | | retaliation as provided by Sections Section 6-101 and 6-101.5 | 16 | | of this Act. | 17 | | (C) Upon notification of a failure to post, the Department | 18 | | of Human Rights may launch a preliminary investigation. If the | 19 | | Department finds a failure to post, the Department may issue a | 20 | | notice to show cause giving the institution 30 days to correct | 21 | | the failure to post. If the failure to post is not corrected, | 22 | | the Department may initiate a charge of a civil rights | 23 | | violation.
| 24 | | (Source: P.A. 96-574, eff. 8-18-09.) | 25 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
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| 1 | | Sec. 6-101. Additional civil rights violations under | 2 | | Articles 2, 4, 5, and 5A Additional Civil Rights Violations . It | 3 | | is a civil rights
violation for a person, or for 2 two or more | 4 | | persons , to conspire, to:
| 5 | | (A) Retaliation. Retaliate against a person because he | 6 | | or she has
opposed that which he or she reasonably and in | 7 | | good faith believes to be
unlawful discrimination, sexual | 8 | | harassment in employment , or sexual
harassment in | 9 | | elementary, secondary, and higher
education, or | 10 | | discrimination based on arrest record or citizenship | 11 | | status
in employment under Articles 2, 4, 5, and 5A , | 12 | | because he or she has made a charge, filed a complaint,
| 13 | | testified, assisted, or participated in an investigation, | 14 | | proceeding, or
hearing under this Act, or because he or she | 15 | | has requested, attempted to request, used, or attempted to | 16 | | use a reasonable accommodation as allowed by this Act;
| 17 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel or | 18 | | coerce a
person to commit any violation of this Act;
| 19 | | (C) Interference. Wilfully interfere with the | 20 | | performance of a duty
or the exercise of a power by the | 21 | | Commission or one of its members or
representatives or the | 22 | | Department or one of its officers or employees.
| 23 | | Definitions. For the purposes of this Section, "sexual
| 24 | | harassment" and "citizenship status" shall have the same | 25 | | meaning as defined in
Section 2-101 of this Act.
| 26 | | (Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15 .)
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| 1 | | (775 ILCS 5/6-101.5 new) | 2 | | Sec. 6-101.5. Additional civil rights violations under | 3 | | Article 3. It is a civil rights violation for a person, or for | 4 | | 2 or more persons, to conspire, to: | 5 | | (A) retaliate against a person because the person has | 6 | | opposed that which he or she reasonably and in good faith | 7 | | believes to be unlawful discrimination or discrimination based | 8 | | on familial status or arrest record in a real estate | 9 | | transaction under Article 3, because the person has made a | 10 | | charge, filed a complaint, testified, assisted, or | 11 | | participated in an investigation, proceeding, or hearing under | 12 | | this Act, or because the person has requested, attempted to | 13 | | request, used, or attempted to use a reasonable accommodation | 14 | | as allowed by this Act; | 15 | | (B) aid, abet, compel, or coerce a person to commit any | 16 | | violation of this Act; or | 17 | | (C) willfully interfere with the performance of a duty or | 18 | | the exercise of a power by the Commission or one of its members | 19 | | or representatives or the Department or one of its officers or | 20 | | employees. | 21 | | For the purposes of this Section, "familial status" has the | 22 | | same meaning as defined in Section 3-101.
| 23 | | (775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
| 24 | | Sec. 7A-101.
The procedures specified in this Article shall |
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| 1 | | apply
solely to Articles 2, 4, 5, and 5A and Sections 6-101 and | 2 | | 6-102 of Article 6.
| 3 | | (Source: P.A. 86-910.)
| 4 | | (775 ILCS 5/7B-101) (from Ch. 68, par. 7B-101)
| 5 | | Sec. 7B-101.
The procedures specified in this Article shall | 6 | | apply
solely to Article 3 and Section 6-101.5 of Article 6 .
| 7 | | (Source: P.A. 86-910.)
| 8 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 9 | | Sec. 7B-102. Procedures.
| 10 | | (A) Charge.
| 11 | | (1) Within one year after the
date that a civil rights | 12 | | violation allegedly has been committed or terminated,
a | 13 | | charge in writing under oath or affirmation may be filed | 14 | | with the
Department by an aggrieved party or issued by the | 15 | | Department itself
under the signature of the Director.
| 16 | | (2) The charge shall be in such detail as to | 17 | | substantially apprise
any party properly concerned as to | 18 | | the time, place, and facts
surrounding the alleged civil | 19 | | rights violation.
| 20 | | (B) Notice and Response to Charge.
| 21 | | (1) The Department shall serve
notice upon the | 22 | | aggrieved party acknowledging such charge and advising the
| 23 | | aggrieved party of the time limits and choice of forums | 24 | | provided under this
Act. The Department shall, within 10 |
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| 1 | | days of the date on which the charge
was filed or the | 2 | | identification of an additional respondent under paragraph
| 3 | | (2) of this subsection, serve on the respondent a copy of | 4 | | the charge along with a notice
identifying the alleged | 5 | | civil rights violation and advising the
respondent of the | 6 | | procedural rights and obligations of respondents under
| 7 | | this Act and may require the respondent to file a response | 8 | | to
the allegations contained in the charge. Upon the | 9 | | Department's request, the respondent
shall file a response | 10 | | to the charge within 30 days and
shall serve a copy of its | 11 | | response on the complainant or his or her
representative. | 12 | | Notwithstanding
any request from the Department, the | 13 | | respondent may elect
to file a response to the charge | 14 | | within 30 days of receipt
of notice of the charge, provided | 15 | | the respondent serves a copy of its response on the | 16 | | complainant or his or her representative. All allegations | 17 | | contained in the charge
not denied by the respondent within | 18 | | 30 days after the Department's request for a response may | 19 | | be deemed admitted, unless the
respondent states that it is | 20 | | without sufficient information to
form a belief with | 21 | | respect to such allegation. The Department may issue
a | 22 | | notice of default directed to any respondent who fails to | 23 | | file a
response to a charge within 30 days of the | 24 | | Department's request, unless the respondent can | 25 | | demonstrate good cause as
to why such notice should not | 26 | | issue. The term "good cause" shall be defined by rule |
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| 1 | | promulgated by the Department. Within 10 days of the date | 2 | | he or she
receives the respondent's response, the | 3 | | complainant may file his or her reply to
said response. If | 4 | | he or she chooses to file a reply, the complainant shall | 5 | | serve
a copy of said reply on the respondent or his or her | 6 | | representative. A party may
supplement his or her response | 7 | | or reply at any time that
the investigation of the charge | 8 | | is pending.
| 9 | | (2) A person who is not named as a respondent in a | 10 | | charge, but who is
identified as a respondent in the course | 11 | | of investigation, may be joined as
an additional or | 12 | | substitute respondent upon written notice, under | 13 | | subsection
(B), to such person, from the Department.
Such | 14 | | notice, in addition to meeting the requirements of | 15 | | subsections (A)
and (B), shall explain the basis for the | 16 | | Department's belief that a person
to whom the notice is | 17 | | addressed is properly joined as a respondent.
| 18 | | (C) Investigation.
| 19 | | (1) The Department shall conduct a full investigation
| 20 | | of the allegations set forth in the charge and complete | 21 | | such investigation
within 100 days after the filing of the | 22 | | charge, unless it is impracticable to
do so. The | 23 | | Department's failure to complete the investigation within | 24 | | 100 days after the proper filing of the charge does not | 25 | | deprive the Department of jurisdiction over the charge.
| 26 | | (2) If the Department is unable to complete the |
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| 1 | | investigation within 100
days after the charge is filed, | 2 | | the Department shall notify the complainant
and respondent | 3 | | in writing of the reasons for not doing so. The failure of | 4 | | the Department to notify the complainant or respondent in | 5 | | writing of the reasons for not doing so shall not deprive | 6 | | the Department of jurisdiction over the charge.
| 7 | | (3) The Director or his or her designated | 8 | | representative shall have
authority to request any member | 9 | | of the Commission to issue subpoenas to
compel the | 10 | | attendance of a witness or the production for
examination | 11 | | of any books, records or documents whatsoever.
| 12 | | (4) If any witness whose testimony is required for any | 13 | | investigation
resides outside the State, or through | 14 | | illness or any other good cause as
determined by the | 15 | | Director is unable to be interviewed by the investigator
or | 16 | | appear at a fact finding conference, his or her testimony | 17 | | or deposition
may be taken, within or without the State, in | 18 | | the same manner as
provided for in the taking of | 19 | | depositions in civil cases in circuit courts.
| 20 | | (5) Upon reasonable notice to the complainant and the | 21 | | respondent,
the Department may conduct a fact finding | 22 | | conference. When requested by the Department, a party's | 23 | | failure to attend the
conference
without good cause may | 24 | | result in dismissal or default. A notice of dismissal
or | 25 | | default shall be issued by the Director and shall notify | 26 | | the relevant
party that a request for review may be filed |
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| 1 | | in writing with the Commission
within 30 days of receipt of | 2 | | notice of dismissal or default.
| 3 | | (D) Report.
| 4 | | (1) Each charge investigated under subsection (C) | 5 | | shall be the subject of a
report to the Director. The | 6 | | report shall be a confidential document
subject to review | 7 | | by the Director, authorized Department employees, the
| 8 | | parties, and, where indicated by this Act, members of the | 9 | | Commission or
their designated hearing officers.
| 10 | | The report shall contain:
| 11 | | (a) the names and dates of contacts with witnesses;
| 12 | | (b) a summary and the date of correspondence and | 13 | | other contacts with the
aggrieved party and the | 14 | | respondent;
| 15 | | (c) a summary description of other pertinent | 16 | | records;
| 17 | | (d) a summary of witness statements; and
| 18 | | (e) answers to questionnaires.
| 19 | | A final report under this paragraph may be amended if | 20 | | additional evidence
is later discovered.
| 21 | | (2) Upon review of the report and within 100 days of | 22 | | the filing of the
charge, unless it is impracticable
to do | 23 | | so, the Director shall determine whether there is | 24 | | substantial
evidence that the alleged civil rights | 25 | | violation has been committed or is
about to be committed.
| 26 | | If the Director is unable to make the determination within |
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| 1 | | 100 days after
the filing of the charge, the Director shall | 2 | | notify the complainant and
respondent in writing of the | 3 | | reasons for not doing so. The Director's failure to make | 4 | | the determination within 100 days after the proper filing | 5 | | of the charge does not deprive the Department of | 6 | | jurisdiction over the charge.
| 7 | | (a) If the Director determines that there is no | 8 | | substantial
evidence, the charge shall be dismissed | 9 | | and the aggrieved party notified
that he or she may | 10 | | seek review of the dismissal order before the
| 11 | | Commission. The aggrieved party shall have 90 days from | 12 | | receipt of notice
to file a request for review by the | 13 | | Commission. The
Director shall make
public disclosure | 14 | | of each such dismissal.
| 15 | | (b) If the Director determines that there is | 16 | | substantial evidence, he or
she shall immediately | 17 | | issue a complaint on behalf of the aggrieved party
| 18 | | pursuant to subsection (F).
| 19 | | (E) Conciliation.
| 20 | | (1) During the period beginning with the filing of
| 21 | | charge and ending with the filing of a complaint or a | 22 | | dismissal by the
Department, the Department shall, to the | 23 | | extent feasible, engage in
conciliation with respect to | 24 | | such charge.
| 25 | | When the Department determines that a formal
| 26 | | conciliation conference is feasible, the aggrieved party |
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| 1 | | and respondent
shall be notified of the time and place of | 2 | | the conference by registered
or certified mail at least 7 | 3 | | days prior thereto and either or both
parties shall appear | 4 | | at the conference in person or by attorney.
| 5 | | (2) The place fixed for the conference shall be within | 6 | | 35 miles of
the place where the civil rights violation is | 7 | | alleged to have been
committed.
| 8 | | (3) Nothing occurring at the conference shall be made | 9 | | public or used as
evidence in a subsequent proceeding for | 10 | | the purpose of proving a violation
under this Act unless | 11 | | the complainant and respondent agree in writing that
such | 12 | | disclosure be made.
| 13 | | (4) A conciliation agreement arising out of such | 14 | | conciliation shall be
an agreement between the respondent | 15 | | and the complainant, and shall be
subject to approval by | 16 | | the Department and Commission.
| 17 | | (5) A conciliation agreement may provide for binding | 18 | | arbitration of the
dispute arising from the charge. Any | 19 | | such arbitration that results from a
conciliation | 20 | | agreement may award appropriate relief, including monetary | 21 | | relief.
| 22 | | (6) Each conciliation agreement shall be made public | 23 | | unless the
complainant and respondent otherwise agree and | 24 | | the Department determines
that disclosure is not required | 25 | | to further the purpose of this Act.
| 26 | | (F) Complaint.
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| 1 | | (1) When there is a failure to settle or adjust any
| 2 | | charge through a conciliation conference and the charge is | 3 | | not dismissed,
the Department shall prepare a
written | 4 | | complaint, under oath or affirmation, stating the nature of | 5 | | the
civil rights violation and the relief sought on behalf | 6 | | of the aggrieved
party. Such complaint shall be based on | 7 | | the final investigation report and
need not be limited to | 8 | | the facts or grounds alleged in the charge filed
under | 9 | | subsection (A).
| 10 | | (2) The complaint shall be filed with the Commission.
| 11 | | (3) The Department may not issue a complaint under this | 12 | | Section
regarding an alleged civil rights violation after | 13 | | the beginning of
the trial of a civil action commenced by | 14 | | the aggrieved party under any
State or federal law, seeking | 15 | | relief with respect to that alleged civil rights
violation.
| 16 | | (G) Time Limit.
| 17 | | (1) When a charge of a civil rights violation has been
| 18 | | properly filed, the Department, within 100 days thereof, | 19 | | unless it is
impracticable to do so,
shall either issue and | 20 | | file a complaint in the manner and form set forth in
this | 21 | | Section or shall order that no complaint be issued. Any | 22 | | such order
shall be duly served upon both the aggrieved | 23 | | party and the respondent. The Department's failure to | 24 | | either issue and file a complaint or order that no | 25 | | complaint be issued within 100 days after the proper filing | 26 | | of the charge does not deprive the Department of |
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| 1 | | jurisdiction over the charge.
| 2 | | (2) The Director shall make available to the aggrieved | 3 | | party
and the respondent, at any time, upon request | 4 | | following completion of the
Department's investigation, | 5 | | information derived from an investigation and
any final | 6 | | investigative report relating to that investigation.
| 7 | | (H) This amendatory Act of 1995 applies to causes of action | 8 | | filed on or
after
January 1, 1996.
| 9 | | (I) The changes made to this Section by Public Act 95-243 | 10 | | apply to charges filed on or
after the effective date of those | 11 | | changes. | 12 | | (J) The changes made to this Section by this amendatory Act | 13 | | of the 96th General Assembly apply to charges filed on or
after | 14 | | the effective date of those changes. | 15 | | (Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18; | 16 | | 101-530, eff. 1-1-20 .)
| 17 | | (775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
| 18 | | Sec. 8A-101. This Article shall apply solely to Articles 2, | 19 | | 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6. | 20 | | (Source: P.A. 86-910.)
| 21 | | (775 ILCS 5/8B-101) (from Ch. 68, par. 8B-101)
| 22 | | Sec. 8B-101. Applicability. The procedures and relief | 23 | | specified in this
Article shall apply solely to complaints | 24 | | filed with the Human Rights
Commission under Article 3 and |
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| 1 | | Section 6-101.5 of Article 6 .
| 2 | | (Source: P.A. 86-910.)
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