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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

HUMAN RIGHTS
(775 ILCS 5/) Illinois Human Rights Act.

775 ILCS 5/Art. 5A

 
    (775 ILCS 5/Art. 5A heading)
ARTICLE 5A. ELEMENTARY, SECONDARY, AND HIGHER EDUCATION
(Source: P.A. 96-1319, eff. 7-27-10.)

775 ILCS 5/5A-101

    (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 5A-101. Definitions. The following definitions are applicable strictly in the content of this Article, except that the term "sexual harassment in elementary, secondary, and higher education" as defined herein has the meaning herein ascribed to it whenever that term is used anywhere in this Act.
    (A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education" means: (1) a publicly or privately operated university, college, community college, junior college, business or vocational school, or other educational institution offering degrees and instruction beyond the secondary school level; or (2) a publicly or privately operated elementary school or secondary school.
    (B) Degree. "Degree" means: (1) a designation, appellation, series of letters or words or other symbols which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic, business or vocational program of study offered beyond the secondary school level; or (2) a designation signifying that the recipient has graduated from an elementary school or secondary school.
    (C) Student. "Student" means any individual admitted to or applying for admission to an institution of elementary, secondary, or higher education, or enrolled on a full or part time basis in a course or program of academic, business or vocational instruction offered by or through an institution of elementary, secondary, or higher education.
    (D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education representative" means and includes the president, chancellor or other holder of any executive office on the administrative staff of an institution of higher education, an administrator of an elementary school or secondary school, a member of the faculty of an institution of higher education, including but not limited to a dean or associate or assistant dean, a professor or associate or assistant professor, and a full or part time instructor or visiting professor, including a graduate assistant or other student who is employed on a temporary basis of less than full time as a teacher or instructor of any course or program of academic, business or vocational instruction offered by or through an institution of higher education, and any teacher, instructor, or other employee of an elementary school or secondary school.
    (E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in elementary, secondary, and higher education" means any unwelcome sexual advances or requests for sexual favors made by an elementary, secondary, or higher education representative to a student, or any conduct of a sexual nature exhibited by an elementary, secondary, or higher education representative toward a student, when such conduct has the purpose of substantially interfering with the student's educational performance or creating an intimidating, hostile or offensive educational environment; or when the elementary, secondary, or higher education representative either explicitly or implicitly makes the student's submission to such conduct a term or condition of, or uses the student's submission to or rejection of such conduct as a basis for determining:
        (1) Whether the student will be admitted to an
    
institution of elementary, secondary, or higher education;
        (2) The educational performance required or expected
    
of the student;
        (3) The attendance or assignment requirements
    
applicable to the student;
        (4) To what courses, fields of study or programs,
    
including honors and graduate programs, the student will be admitted;
        (5) What placement or course proficiency requirements
    
are applicable to the student;
        (6) The quality of instruction the student will
    
receive;
        (7) What tuition or fee requirements are applicable
    
to the student;
        (8) What scholarship opportunities are available to
    
the student;
        (9) What extracurricular teams the student will be a
    
member of or in what extracurricular competitions the student will participate;
        (10) Any grade the student will receive in any
    
examination or in any course or program of instruction in which the student is enrolled;
        (11) The progress of the student toward successful
    
completion of or graduation from any course or program of instruction in which the student is enrolled; or
        (12) What degree, if any, the student will receive.
(Source: P.A. 96-1319, eff. 7-27-10.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 5A-101. Definitions. The following definitions are applicable strictly in the content of this Article, except that the term "sexual harassment in elementary, secondary, and higher education" as defined herein has the meaning herein ascribed to it whenever that term is used anywhere in this Act.
    (A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education" means: (1) a publicly or privately operated university, college, community college, junior college, business or vocational school, or other educational institution offering degrees and instruction beyond the secondary school level; or (2) a publicly or privately operated elementary school or secondary school.
    (B) Degree. "Degree" means: (1) a designation, appellation, series of letters or words or other symbols which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic, business or vocational program of study offered beyond the secondary school level; or (2) a designation signifying that the recipient has graduated from an elementary school or secondary school.
    (C) Student. "Student" means any individual admitted to or applying for admission to an institution of elementary, secondary, or higher education, or enrolled on a full or part time basis in a course or program of academic, business or vocational instruction offered by or through an institution of elementary, secondary, or higher education.
    (D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education representative" means and includes the president, chancellor or other holder of any executive office on the administrative staff of an institution of higher education, an administrator of an elementary school or secondary school, a member of the faculty of an institution of higher education, including but not limited to a dean or associate or assistant dean, a professor or associate or assistant professor, and a full or part time instructor or visiting professor, including a graduate assistant or other student who is employed on a temporary basis of less than full time as a teacher or instructor of any course or program of academic, business or vocational instruction offered by or through an institution of higher education, and any teacher, instructor, or other employee of an elementary school or secondary school.
    (E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in elementary, secondary, and higher education" means any unwelcome sexual advances or requests for sexual favors made by an elementary, secondary, or higher education representative to a student, or any conduct of a sexual nature exhibited by an elementary, secondary, or higher education representative toward a student, when such conduct has the purpose of substantially interfering with the student's educational performance or creating an intimidating, hostile or offensive educational environment; or when the elementary, secondary, or higher education representative either explicitly or implicitly makes the student's submission to such conduct a term or condition of, or uses the student's submission to or rejection of such conduct as a basis for determining:
        (1) Whether the student will be admitted to an
    
institution of elementary, secondary, or higher education;
        (2) The educational performance required or expected
    
of the student;
        (3) The attendance or assignment requirements
    
applicable to the student;
        (4) To what courses, fields of study or programs,
    
including honors and graduate programs, the student will be admitted;
        (5) What placement or course proficiency requirements
    
are applicable to the student;
        (6) The quality of instruction the student will
    
receive;
        (7) What tuition or fee requirements are applicable
    
to the student;
        (8) What scholarship opportunities are available to
    
the student;
        (9) What extracurricular teams the student will be a
    
member of or in what extracurricular competitions the student will participate;
        (10) Any grade the student will receive in any
    
examination or in any course or program of instruction in which the student is enrolled;
        (11) The progress of the student toward successful
    
completion of or graduation from any course or program of instruction in which the student is enrolled; or
        (12) What degree, if any, the student will receive.
    (F) Harassment in Elementary, Secondary, or Higher Education. "Harassment in elementary, secondary, or higher education" means any unwelcome conduct by an elementary, secondary or higher education representative toward a student on the basis of a student's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, or offensive educational environment.
    (G) Educational Environment. "Educational environment" includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law.
(Source: P.A. 103-472, eff. 8-1-24.)

775 ILCS 5/5A-101.1

    (775 ILCS 5/5A-101.1)
    Sec. 5A-101.1. Notice.
    (A) Every institution of higher education covered by this Act shall post in a prominent and accessible location a poster stating sexual harassment laws and policies. The poster shall be (i) posted and kept posted at each campus in common area positions easily accessible to all students including, but not limited to residence halls, administration buildings, student unions, cafeterias, and libraries or (ii) posted annually at each campus in common area positions easily accessible to all students including, but not limited to, residence halls, administration buildings, student unions, cafeterias, and libraries, with an electronic copy of the sexual harassment laws and policies also sent to each student at the time that registration materials are emailed or (iii) on campuses that provide for online registration of student classes, such information pertaining to sexual harassment laws and policies may be incorporated into the registration process so that students must review the policies and laws and acknowledge such review, prior to being allowed to register. Documents to be posted shall be retrieved from the Illinois Department of Human Rights website to satisfy posting requirements. Posting of the posters shall be effectuated within 90 days of the effective date of this amendatory Act of the 96th General Assembly and shall occur annually thereafter.
    (B) The posted sexual harassment poster shall include, at a minimum, the following information: (i) the illegality of sexual harassment in higher education; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the institution's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights; (vi) directions on how to contact the Department; and (vii) protection against retaliation as provided by Sections 6-101 and 6-101.5 of this Act.
    (C) Upon notification of a failure to post, the Department of Human Rights may launch a preliminary investigation. If the Department finds a failure to post, the Department may issue a notice to show cause giving the institution 30 days to correct the failure to post. If the failure to post is not corrected, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 102-362, eff. 1-1-22.)

775 ILCS 5/5A-102

    (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil rights violation:
    (A) Elementary, Secondary, or Higher Education Representative. For any elementary, secondary, or higher education representative to commit or engage in sexual harassment in elementary, secondary, or higher education.
    (B) Institution of Elementary, Secondary, or Higher Education. For any institution of elementary, secondary, or higher education to fail to take remedial action, or to fail to take appropriate disciplinary action against an elementary, secondary, or higher education representative employed by such institution, when such institution knows that such elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in sexual harassment in elementary, secondary, or higher education.
(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil rights violation:
        (A) Sexual Harassment; Elementary, Secondary, or
    
Higher Education Representative. For any elementary, secondary, or higher education representative to commit or engage in sexual harassment in elementary, secondary, or higher education.
        (B) Sexual Harassment; Institution of Elementary,
    
Secondary, or Higher Education. For any institution of elementary, secondary, or higher education to fail to take remedial action, or to fail to take appropriate disciplinary action against an elementary, secondary, or higher education representative employed by such institution, when such institution knows that such elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in sexual harassment in elementary, secondary, or higher education.
        (C) Harassment; Elementary, Secondary, or Higher
    
Education Representative. For any elementary, secondary, or higher education representative to commit or engage in harassment in elementary, secondary, or higher education.
        (D) Harassment; Institution of Elementary, Secondary,
    
or Higher Education. For any institution of elementary, secondary, or higher education to fail to take appropriate corrective action to stop harassment if the institution knows that an elementary, secondary, or higher education representative was committing or engaging in or committed or engaged in harassment in elementary, secondary, or higher education.
        (E) Failure to Report. For any school district
    
established under the School Code or institutions of elementary or secondary education covered by this Act to fail to disclose information as required by Section 2-3.196 of the School Code.
        (F) Exemptions. Nothing in Article 5A shall be
    
construed to limit jurisdiction under Section 5-102.2. Subsections (C), (D), and (E) shall apply solely to nonsectarian institutions of elementary, secondary or higher education and elementary, secondary, or higher education representatives employed by such nonsectarian institutions.
(Source: P.A. 103-472, eff. 8-1-24.)

775 ILCS 5/5A-103

    (775 ILCS 5/5A-103)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5A-103. Discrimination and harassment based on race, color, or national origin; and retaliation.
    (a) The General Assembly finds that harassment and discrimination based on race, color, or national origin has a detrimental influence in schools, contributing to psychological and physical harm and poorer academic outcomes for students of color, and higher rates of teacher turnover among teachers of color. It is the General Assembly's intent that each institution of elementary and secondary education in the State adopt and actively implement policies to reduce and respond effectively to harassment and discrimination based on race, color, and national origin; to provide students, parents or guardians, and employees information on how to recognize and report harassment and discrimination; and, for students, parents or guardians, and employees, to report harassment and discrimination based on race, color, or national origin without fear of retaliation, loss of status, or loss of opportunities.
    (b) The Department shall produce a model training program aimed at the prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. The model program shall be made available to institutions of elementary and secondary education and to the public online at no cost. This model program shall regard participants as potential bystanders, rather than potential offenders, and include, at a minimum, the following:
        (1) a primary focus on preventing discrimination and
    
harassment based on race, color, and national origin and retaliation;
        (2) an explanation of discrimination and harassment
    
based on race, color, and national origin and retaliation;
        (3) examples of conduct that constitutes
    
discrimination and harassment based on race, color, and national origin and retaliation;
        (4) an explanation, with examples, of how patterns
    
of conduct can, taken together over time, rise to the level of bullying, harassment, or discrimination;
        (5) an explanation of the difference between
    
discrimination based on disparate treatment and discrimination based on disparate impact;
        (6) a summary of other classes that are protected
    
from harassment and discrimination, and a statement that training intended to improve recognition of discrimination and harassment based on race, color, and national origin does not diminish protections under the law for other protected classes;
        (7) an explanation of the difference between
    
harassment as defined under this Act and bullying;
        (8) a summary of relevant federal and State statutory
    
protections and remedies available to victims concerning discrimination and harassment based on race, color, and national origin, and retaliation, including, but not limited to, a summary of this Act's protections from discrimination, harassment and retaliation in the following contexts:
            (a) students toward other students;
            (b) teachers and other employees of an elementary
        
or secondary school toward students;
            (c) students toward teachers and other employees
        
of an elementary or secondary school; and
            (d) teachers and other employees of an elementary
        
or secondary school toward other teachers and employees of an elementary or secondary school.
        (9) directions on how to contact the Department if a
    
school fails to take corrective action to stop the harassment or discrimination;
        (10) a summary of responsibilities of institutions of
    
elementary or secondary education in the prevention, investigation, and corrective measures of discrimination, harassment, and retaliation, including, but not limited to, explanation of responsibilities in the following contexts:
            (a) students toward other students;
            (b) teachers and other employees of an elementary
        
or secondary school toward students;
            (c) students toward teachers and other employees
        
of an elementary or secondary school; and
            (d) teachers and other employees of an elementary
        
or secondary school toward other teachers and employees of an elementary or secondary school; and
        (11) an explanation of the liability for
    
discrimination, harassment, and retaliation under this Act.
    (c) Every institution of elementary or secondary education in this State shall use the model training program developed by the Department, establish its own training program that equals or exceeds the minimum standards set forth in subsection (b), or use an existing discrimination and harassment prevention training program that equals or exceeds the minimum standards set forth in subsection (b). The training program shall be provided as a component of all new employee training programs for elementary and secondary education representatives and to existing representatives at least once every 2 years. For the purposes of satisfying the requirements under this Section, the Department's model program may be used to supplement any existing program an institution of elementary or secondary education is utilizing or develops.
    (d) Upon notification of a violation of subsection (c), the Department may launch a preliminary investigation. If the Department finds a violation of this Section, the Department may issue a notice to show cause, giving the institution of elementary or secondary education 30 days to correct the violation. If the institution of elementary or secondary education does not correct the violation within 30 days, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 103-472, eff. 8-1-24.)

775 ILCS 5/Art. 6

 
    (775 ILCS 5/Art. 6 heading)
ARTICLE 6. ADDITIONAL CIVIL RIGHTS VIOLATIONS

775 ILCS 5/6-101

    (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 6-101. Additional civil rights violations under Articles 2, 4, 5, and 5A. It is a civil rights violation for a person, or for 2 or more persons, to conspire to:
        (A) Retaliation. Retaliate against a person because
    
he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual harassment in employment, sexual harassment in elementary, secondary, and higher education, or discrimination based on arrest record, citizenship status, or work authorization status in employment under Articles 2, 4, 5, and 5A, because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because he or she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;
        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
    
or coerce a person to commit any violation of this Act;
        (C) Interference. Wilfully interfere with the
    
performance of a duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.
    Definitions. For the purposes of this Section, "sexual harassment", "citizenship status", and "work authorization status" shall have the same meaning as defined in Section 2-101 of this Act.
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
    Sec. 6-101. Additional civil rights violations under Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for a person, or for 2 or more persons, to conspire to:
        (A) Retaliation. Retaliate against a person because
    
that person has:
            (i) opposed or reported conduct that the person
        
reasonably and in good faith believes to be prohibited under Articles 2, 4, 5, 5A, and 6;
            (ii) made a charge, filed a complaint, testified,
        
assisted, or participated in an investigation, proceeding, or hearing under this Act; or
            (iii) requested, attempted to request, used, or
        
attempted to use a reasonable accommodation as allowed by this Act;
        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
    
or coerce a person to commit any violation of this Act;
        (C) Interference. Wilfully interfere with the
    
performance of a duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24.)

775 ILCS 5/6-101.5

    (775 ILCS 5/6-101.5)
    Sec. 6-101.5. Additional civil rights violations under Article 3. It is a civil rights violation for a person, or for 2 or more persons, to conspire, to:
        (A) retaliate against a person because the person has
    
opposed that which he or she reasonably and in good faith believes to be unlawful discrimination or discrimination based on familial status or arrest record in a real estate transaction under Article 3, because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because the person has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;
        (B) aid, abet, compel, or coerce a person to commit
    
any violation of this Act; or
        (C) willfully interfere with the performance of a
    
duty or the exercise of a power by the Commission or one of its members or representatives or the Department or one of its officers or employees.
    For the purposes of this Section, "familial status" has the same meaning as defined in Section 3-101.
(Source: P.A. 102-362, eff. 1-1-22.)

775 ILCS 5/6-102

    (775 ILCS 5/6-102)
    Sec. 6-102. Violations of other Acts. A person who violates Section 11-117-12.2 of the Illinois Municipal Code, Section 224.05 of the Illinois Insurance Code, Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of the Interest Act, the Military Personnel Cellular Phone Contract Termination Act, Section 405-272 of the Civil Administrative Code of Illinois, Section 10-63 of the Illinois Administrative Procedure Act, Sections 30.25 and 30.30 of the Military Code of Illinois, Section 16 of the Landlord and Tenant Act, Section 26.5 of the Retail Installment Sales Act, or Section 37 of the Motor Vehicle Leasing Act commits a civil rights violation within the meaning of this Act.
(Source: P.A. 102-558, eff. 8-20-21.)

775 ILCS 5/Art. 7

 
    (775 ILCS 5/Art. 7 heading)
ARTICLE 7. DEPARTMENT OF HUMAN RIGHTS; DUTIES; PROCEDURES

775 ILCS 5/7-101

    (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
    Sec. 7-101. Powers and duties. In addition to other powers and duties prescribed in this Act, the Department shall have the following powers:
    (A) Rules and Regulations. To adopt, promulgate, amend, and rescind rules and regulations not inconsistent with the provisions of this Act pursuant to the Illinois Administrative Procedure Act.
    (B) Charges. To issue, receive, investigate, conciliate, settle, and dismiss charges filed in conformity with this Act.
    (C) Compulsory Process. To request subpoenas as it deems necessary for its investigations.
    (D) Complaints. To file complaints with the Commission in conformity with this Act and to intervene in complaints pending before the Commission filed under Article 2, 4, 5, 5A, or 6.
    (E) Judicial Enforcement. To seek temporary relief and to enforce orders of the Commission in conformity with this Act.
    (F) Equal Employment Opportunities. To take such action as may be authorized to provide for equal employment opportunities and affirmative action.
    (G) Recruitment; Research; Public Communication; Advisory Councils. To engage in such recruitment, research and public communication and create such advisory councils as may be authorized to effectuate the purposes of this Act.
    (H) Coordination with other Agencies. To coordinate its activities with federal, state, and local agencies in conformity with this Act.
    (I) Grants; Private Gifts.
        (1) To accept public grants and private gifts as may
    
be authorized.
        (2) To design grant programs and award grants to
    
eligible recipients.
    (J) Education and Training. To implement a formal and unbiased program of education and training for all employees assigned to investigate and conciliate charges under Articles 7A and 7B. The training program shall include the following:
        (1) substantive and procedural aspects of the
    
investigation and conciliation positions;
        (2) current issues in human rights law and practice;
        (3) lectures by specialists in substantive areas
    
related to human rights matters;
        (4) orientation to each operational unit of the
    
Department and Commission;
        (5) observation of experienced Department
    
investigators and attorneys conducting conciliation conferences, combined with the opportunity to discuss evidence presented and rulings made;
        (6) the use of hypothetical cases requiring the
    
Department investigator and conciliation conference attorney to issue judgments as a means to evaluating knowledge and writing ability;
        (7) writing skills;
        (8) computer skills, including but not limited to
    
word processing and document management.
    A formal, unbiased and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep Department investigators and attorneys informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence.
(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24.)

775 ILCS 5/7-101.1

    (775 ILCS 5/7-101.1)
    Sec. 7-101.1. (Repealed).
(Source: P.A. 89-520, eff. 7-18-96. Repealed by P.A. 95-243, eff. 1-1-08.)

775 ILCS 5/7-105

    (775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
    Sec. 7-105. Equal Employment Opportunities; Affirmative Action. In order to establish and effectuate the policies of equal employment opportunity and affirmative action, the Department shall, with respect to state executive departments, boards, commissions and instrumentalities and any party to a public contract:
    (A) Policies; Rules; Regulations. Establish equal employment opportunity and affirmative action policies, rules and regulations which specify plans, programs and reporting procedures. Such rules may provide for exemptions or modifications as may be necessary to assure the continuity of federal requirements in State agencies supported in whole or in part by federal funds.
    (B) Minimum Compliance Criteria. Establish minimum compliance criteria and procedures for evaluating equal employment opportunity and affirmative action programs and plans.
    (C) Technical Assistance. Provide technical assistance, training, and advice for the establishment and implementation of required programs.
    (D) Meetings. Hold meetings at least annually with the head of each State agency and when necessary with any party to a public contract to:
        (1) Review equal employment opportunity plans and
    
progress, performance and problems in meeting equal opportunity goals.
        (2) Recommend appropriate changes to the plans and
    
procedures and the methods employed to implement the plans.
    (E) Report. Include within its annual report, filed pursuant to Section 5-650 of the Departments of State Government Law (20 ILCS 5/5-650), the progress, performance, and problems of meeting equal opportunity goals, and the identity of any State agency which fails to comply with the requirements of this Act and the circumstances surrounding such violation.
    (F) Personnel Operations. Periodically review personnel operations of State agencies to assure their conformity with this Act and the agency's plan.
    (G) Equal Employment Opportunity Officers. Approve the appointment of equal employment opportunity officers hired pursuant to subparagraph (4) of paragraph (B) of Section 2-105.
    (H) Enforcement. Require State agencies which fail to meet their affirmative action and equal employment opportunity goals by equal employment opportunity category to establish necessary training programs for preparation and promotion of the category of individuals affected by the failure. An agency required to establish training programs under this subsection shall do so in cooperation with the Department of Central Management Services as provided in Section 405-125 of the Department of Central Management Services Law (20 ILCS 405/405-125).
    The Department by rule or regulation shall provide for the implementation of this subsection. Such rules or regulations shall prescribe but not be limited to the following:
        (1) the circumstances and conditions which constitute
    
an agency's failure to meet its affirmative action and equal employment opportunity goals;
        (2) the time period for measuring success or failure
    
in reaching affirmative action and equal employment opportunity goals; and
        (3) that training programs shall be limited to State
    
employees.
    This subsection shall not be construed to conflict with any contract between the State and any party which is approved and ratified by or on September 11, 1990.
(Source: P.A. 91-239, eff. 1-1-00.)

775 ILCS 5/7-105a

    (775 ILCS 5/7-105a) (from Ch. 68, par. 7-105a)
    Sec. 7-105a. (a) In order to facilitate the implementation of the policies of equal employment opportunity and affirmative action, the State executive departments, boards, commissions and instrumentalities shall, on and after the effective date of this amendatory Act of 1983, on all forms used to collect information from individuals for official purposes, when such forms request information concerning the race or ethnicity of an individual by providing spaces for the designation of that individual as "white" or "black", or the semantic equivalent thereof, provide an additional space for a designation as "Hispanic".
    (b) Whenever a State executive department, board, commission or instrumentality is required to supply information to the Department concerning the racial or ethnic composition of its employees, clients or other groups of individuals on or after the effective date of this amendatory Act of 1983, the agency supplying such information shall supply the information by categories of "white", "black", and "Hispanic", or the semantic equivalent thereof, unless otherwise required by the Department.
(Source: P.A. 83-648.)

775 ILCS 5/7-105b

    (775 ILCS 5/7-105b) (from Ch. 68, par. 7-105b)
    Sec. 7-105b. Compliance with State Employment Records Act. The Department, as required by and for the purposes of the State Employment Records Act, shall, on a fiscal year basis, report the total number of persons employed within the State work force that are under the monitoring jurisdiction of the Department and provide any other information necessary to facilitate an accurate compilation of the entire State work force as defined and required by that Act. The State Employment Records (SER) report shall be maintained and kept on file within the Department.
(Source: P.A. 87-1211.)

775 ILCS 5/7-106

    (775 ILCS 5/7-106) (from Ch. 68, par. 7-106)
    Sec. 7-106. Recruitment; Research; Public Communication) For the purpose of promoting equal employment and housing opportunities and eliminating unlawful discrimination, sexual harassment in employment and sexual harassment in elementary, secondary, and higher education, the Department shall have authority to:
    (A) Recruitment. Cooperate with public and private organizations, as well as the Department of Central Management Services, in encouraging individuals in underrepresented classifications to seek employment in state government.
    (B) Publications; Research. Issue publications, conduct research, and make surveys as it deems necessary.
    (C) Public Hearings. Hold public hearings to obtain information from the general public on the effectiveness of the state's equal employment opportunity program and the protection against unlawful discrimination, sexual harassment in employment and sexual harassment in elementary, secondary, and higher education afforded by this Act and to accept public recommendations concerning changes in the program and the Act for inclusion in its annual report.
    (D) Promotion of Communication and Goodwill. Establish a program to cooperate with civic, religious and educational organizations in order to improve human communication and understanding, foster equal opportunities in employment and housing, and promote and encourage communication, goodwill and interfaith and interracial harmony.
(Source: P.A. 96-1319, eff. 7-27-10.)