Illinois 2023-2024 Regular Session

Illinois House Bill HB1272 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1272 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new Amends the Employment Article and the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) for any employer, employee, agent of any employer, employment agency, labor organization, or public employer to inquire about a job applicant's gender; and (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, to inquire about a buyer's or renter's gender. LRB103 05067 LNS 50081 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1272 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new Amends the Employment Article and the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) for any employer, employee, agent of any employer, employment agency, labor organization, or public employer to inquire about a job applicant's gender; and (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, to inquire about a buyer's or renter's gender. LRB103 05067 LNS 50081 b LRB103 05067 LNS 50081 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1272 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
3	3	775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new
4	4	775 ILCS 5/2-102 from Ch. 68, par. 2-102
5	5	775 ILCS 5/3-102.2 new
6	6	Amends the Employment Article and the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) for any employer, employee, agent of any employer, employment agency, labor organization, or public employer to inquire about a job applicant's gender; and (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, to inquire about a buyer's or renter's gender.
7	7	LRB103 05067 LNS 50081 b LRB103 05067 LNS 50081 b
8	8	LRB103 05067 LNS 50081 b
9	9	A BILL FOR
10	10	HB1272LRB103 05067 LNS 50081 b HB1272 LRB103 05067 LNS 50081 b
11	11	HB1272 LRB103 05067 LNS 50081 b
12	12	1 AN ACT concerning human rights.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Human Rights Act is amended by
16	16	5 changing Section 2-102 and by adding Section 3-102.2 as
17	17	6 follows:
18	18	7 (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
19	19	8 Sec. 2-102. Civil rights violations - employment. It is a
20	20	9 civil rights violation:
21	21	10 (A) Employers. For any employer to refuse to hire, to
22	22	11 segregate, to engage in harassment as defined in
23	23	12 subsection (E-1) of Section 2-101, or to act with respect
24	24	13 to recruitment, hiring, promotion, renewal of employment,
25	25	14 selection for training or apprenticeship, discharge,
26	26	15 discipline, tenure or terms, privileges or conditions of
27	27	16 employment on the basis of unlawful discrimination,
28	28	17 citizenship status, or work authorization status. An
29	29	18 employer is responsible for harassment by the employer's
30	30	19 nonmanagerial and nonsupervisory employees only if the
31	31	20 employer becomes aware of the conduct and fails to take
32	32	21 reasonable corrective measures.
33	33	22 (A-5) Language. For an employer to impose a
34	34	23 restriction that has the effect of prohibiting a language
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1272 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
39	39	775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/3-102.2 new
40	40	775 ILCS 5/2-102 from Ch. 68, par. 2-102
41	41	775 ILCS 5/3-102.2 new
42	42	Amends the Employment Article and the Real Estate Transactions Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) for any employer, employee, agent of any employer, employment agency, labor organization, or public employer to inquire about a job applicant's gender; and (2) for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, to inquire about a buyer's or renter's gender.
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44	44	LRB103 05067 LNS 50081 b
45	45	A BILL FOR
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51	51	775 ILCS 5/2-102 from Ch. 68, par. 2-102
52	52	775 ILCS 5/3-102.2 new
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71	71	1 from being spoken by an employee in communications that
72	72	2 are unrelated to the employee's duties.
73	73	3 For the purposes of this subdivision (A-5), "language"
74	74	4 means a person's native tongue, such as Polish, Spanish,
75	75	5 or Chinese. "Language" does not include such things as
76	76	6 slang, jargon, profanity, or vulgarity.
77	77	7 (A-10) Harassment of nonemployees. For any employer,
78	78	8 employment agency, or labor organization to engage in
79	79	9 harassment of nonemployees in the workplace. An employer
80	80	10 is responsible for harassment of nonemployees by the
81	81	11 employer's nonmanagerial and nonsupervisory employees only
82	82	12 if the employer becomes aware of the conduct and fails to
83	83	13 take reasonable corrective measures. For the purposes of
84	84	14 this subdivision (A-10), "nonemployee" means a person who
85	85	15 is not otherwise an employee of the employer and is
86	86	16 directly performing services for the employer pursuant to
87	87	17 a contract with that employer. "Nonemployee" includes
88	88	18 contractors and consultants. This subdivision applies to
89	89	19 harassment occurring on or after the effective date of
90	90	20 this amendatory Act of the 101st General Assembly.
91	91	21 (B) Employment agency. For any employment agency to
92	92	22 fail or refuse to classify properly, accept applications
93	93	23 and register for employment referral or apprenticeship
94	94	24 referral, refer for employment, or refer for
95	95	25 apprenticeship on the basis of unlawful discrimination,
96	96	26 citizenship status, or work authorization status or to
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107	107	1 accept from any person any job order, requisition or
108	108	2 request for referral of applicants for employment or
109	109	3 apprenticeship which makes or has the effect of making
110	110	4 unlawful discrimination or discrimination on the basis of
111	111	5 citizenship status or work authorization status a
112	112	6 condition of referral.
113	113	7 (C) Labor organization. For any labor organization to
114	114	8 limit, segregate or classify its membership, or to limit
115	115	9 employment opportunities, selection and training for
116	116	10 apprenticeship in any trade or craft, or otherwise to
117	117	11 take, or fail to take, any action which affects adversely
118	118	12 any person's status as an employee or as an applicant for
119	119	13 employment or as an apprentice, or as an applicant for
120	120	14 apprenticeships, or wages, tenure, hours of employment or
121	121	15 apprenticeship conditions on the basis of unlawful
122	122	16 discrimination, citizenship status, or work authorization
123	123	17 status.
124	124	18 (D) Sexual harassment. For any employer, employee,
125	125	19 agent of any employer, employment agency or labor
126	126	20 organization to engage in sexual harassment; provided,
127	127	21 that an employer shall be responsible for sexual
128	128	22 harassment of the employer's employees by nonemployees or
129	129	23 nonmanagerial and nonsupervisory employees only if the
130	130	24 employer becomes aware of the conduct and fails to take
131	131	25 reasonable corrective measures.
132	132	26 (D-5) Sexual harassment of nonemployees. For any
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143	143	1 employer, employee, agent of any employer, employment
144	144	2 agency, or labor organization to engage in sexual
145	145	3 harassment of nonemployees in the workplace. An employer
146	146	4 is responsible for sexual harassment of nonemployees by
147	147	5 the employer's nonmanagerial and nonsupervisory employees
148	148	6 only if the employer becomes aware of the conduct and
149	149	7 fails to take reasonable corrective measures. For the
150	150	8 purposes of this subdivision (D-5), "nonemployee" means a
151	151	9 person who is not otherwise an employee of the employer
152	152	10 and is directly performing services for the employer
153	153	11 pursuant to a contract with that employer. "Nonemployee"
154	154	12 includes contractors and consultants. This subdivision
155	155	13 applies to sexual harassment occurring on or after the
156	156	14 effective date of this amendatory Act of the 101st General
157	157	15 Assembly.
158	158	16 (E) Public employers. For any public employer to
159	159	17 refuse to permit a public employee under its jurisdiction
160	160	18 who takes time off from work in order to practice his or
161	161	19 her religious beliefs to engage in work, during hours
162	162	20 other than such employee's regular working hours,
163	163	21 consistent with the operational needs of the employer and
164	164	22 in order to compensate for work time lost for such
165	165	23 religious reasons. Any employee who elects such deferred
166	166	24 work shall be compensated at the wage rate which he or she
167	167	25 would have earned during the originally scheduled work
168	168	26 period. The employer may require that an employee who
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179	179	1 plans to take time off from work in order to practice his
180	180	2 or her religious beliefs provide the employer with a
181	181	3 notice of his or her intention to be absent from work not
182	182	4 exceeding 5 days prior to the date of absence.
183	183	5 (E-5) Religious discrimination. For any employer to
184	184	6 impose upon a person as a condition of obtaining or
185	185	7 retaining employment, including opportunities for
186	186	8 promotion, advancement, or transfer, any terms or
187	187	9 conditions that would require such person to violate or
188	188	10 forgo a sincerely held practice of his or her religion
189	189	11 including, but not limited to, the wearing of any attire,
190	190	12 clothing, or facial hair in accordance with the
191	191	13 requirements of his or her religion, unless, after
192	192	14 engaging in a bona fide effort, the employer demonstrates
193	193	15 that it is unable to reasonably accommodate the employee's
194	194	16 or prospective employee's sincerely held religious belief,
195	195	17 practice, or observance without undue hardship on the
196	196	18 conduct of the employer's business.
197	197	19 Nothing in this Section prohibits an employer from
198	198	20 enacting a dress code or grooming policy that may include
199	199	21 restrictions on attire, clothing, or facial hair to
200	200	22 maintain workplace safety or food sanitation.
201	201	23 (F) Training and apprenticeship programs. For any
202	202	24 employer, employment agency or labor organization to
203	203	25 discriminate against a person on the basis of age in the
204	204	26 selection, referral for or conduct of apprenticeship or
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215	215	1 training programs.
216	216	2 (G) Immigration-related practices.
217	217	3 (1) for an employer to request for purposes of
218	218	4 satisfying the requirements of Section 1324a(b) of
219	219	5 Title 8 of the United States Code, as now or hereafter
220	220	6 amended, more or different documents than are required
221	221	7 under such Section or to refuse to honor documents
222	222	8 tendered that on their face reasonably appear to be
223	223	9 genuine or to refuse to honor work authorization based
224	224	10 upon the specific status or term of status that
225	225	11 accompanies the authorization to work; or
226	226	12 (2) for an employer participating in the E-Verify
227	227	13 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
228	228	14 Programs for Employment Eligibility Confirmation
229	229	15 (enacted by PL 104-208, div. C title IV, subtitle A) to
230	230	16 refuse to hire, to segregate, or to act with respect to
231	231	17 recruitment, hiring, promotion, renewal of employment,
232	232	18 selection for training or apprenticeship, discharge,
233	233	19 discipline, tenure or terms, privileges or conditions
234	234	20 of employment without following the procedures under
235	235	21 the E-Verify Program.
236	236	22 (H) (Blank).
237	237	23 (I) Pregnancy. For an employer to refuse to hire, to
238	238	24 segregate, or to act with respect to recruitment, hiring,
239	239	25 promotion, renewal of employment, selection for training
240	240	26 or apprenticeship, discharge, discipline, tenure or terms,
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251	251	1 privileges or conditions of employment on the basis of
252	252	2 pregnancy, childbirth, or medical or common conditions
253	253	3 related to pregnancy or childbirth. Women affected by
254	254	4 pregnancy, childbirth, or medical or common conditions
255	255	5 related to pregnancy or childbirth shall be treated the
256	256	6 same for all employment-related purposes, including
257	257	7 receipt of benefits under fringe benefit programs, as
258	258	8 other persons not so affected but similar in their ability
259	259	9 or inability to work, regardless of the source of the
260	260	10 inability to work or employment classification or status.
261	261	11 (J) Pregnancy; reasonable accommodations.
262	262	12 (1) If after a job applicant or employee,
263	263	13 including a part-time, full-time, or probationary
264	264	14 employee, requests a reasonable accommodation, for an
265	265	15 employer to not make reasonable accommodations for any
266	266	16 medical or common condition of a job applicant or
267	267	17 employee related to pregnancy or childbirth, unless
268	268	18 the employer can demonstrate that the accommodation
269	269	19 would impose an undue hardship on the ordinary
270	270	20 operation of the business of the employer. The
271	271	21 employer may request documentation from the employee's
272	272	22 health care provider concerning the need for the
273	273	23 requested reasonable accommodation or accommodations
274	274	24 to the same extent documentation is requested for
275	275	25 conditions related to disability if the employer's
276	276	26 request for documentation is job-related and
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287	287	1 consistent with business necessity. The employer may
288	288	2 require only the medical justification for the
289	289	3 requested accommodation or accommodations, a
290	290	4 description of the reasonable accommodation or
291	291	5 accommodations medically advisable, the date the
292	292	6 reasonable accommodation or accommodations became
293	293	7 medically advisable, and the probable duration of the
294	294	8 reasonable accommodation or accommodations. It is the
295	295	9 duty of the individual seeking a reasonable
296	296	10 accommodation or accommodations to submit to the
297	297	11 employer any documentation that is requested in
298	298	12 accordance with this paragraph. Notwithstanding the
299	299	13 provisions of this paragraph, the employer may require
300	300	14 documentation by the employee's health care provider
301	301	15 to determine compliance with other laws. The employee
302	302	16 and employer shall engage in a timely, good faith, and
303	303	17 meaningful exchange to determine effective reasonable
304	304	18 accommodations.
305	305	19 (2) For an employer to deny employment
306	306	20 opportunities or benefits to or take adverse action
307	307	21 against an otherwise qualified job applicant or
308	308	22 employee, including a part-time, full-time, or
309	309	23 probationary employee, if the denial or adverse action
310	310	24 is based on the need of the employer to make reasonable
311	311	25 accommodations to the known medical or common
312	312	26 conditions related to the pregnancy or childbirth of
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323	323	1 the applicant or employee.
324	324	2 (3) For an employer to require a job applicant or
325	325	3 employee, including a part-time, full-time, or
326	326	4 probationary employee, affected by pregnancy,
327	327	5 childbirth, or medical or common conditions related to
328	328	6 pregnancy or childbirth to accept an accommodation
329	329	7 when the applicant or employee did not request an
330	330	8 accommodation and the applicant or employee chooses
331	331	9 not to accept the employer's accommodation.
332	332	10 (4) For an employer to require an employee,
333	333	11 including a part-time, full-time, or probationary
334	334	12 employee, to take leave under any leave law or policy
335	335	13 of the employer if another reasonable accommodation
336	336	14 can be provided to the known medical or common
337	337	15 conditions related to the pregnancy or childbirth of
338	338	16 an employee. No employer shall fail or refuse to
339	339	17 reinstate the employee affected by pregnancy,
340	340	18 childbirth, or medical or common conditions related to
341	341	19 pregnancy or childbirth to her original job or to an
342	342	20 equivalent position with equivalent pay and
343	343	21 accumulated seniority, retirement, fringe benefits,
344	344	22 and other applicable service credits upon her
345	345	23 signifying her intent to return or when her need for
346	346	24 reasonable accommodation ceases, unless the employer
347	347	25 can demonstrate that the accommodation would impose an
348	348	26 undue hardship on the ordinary operation of the
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359	359	1 business of the employer.
360	360	2 For the purposes of this subdivision (J), "reasonable
361	361	3 accommodations" means reasonable modifications or
362	362	4 adjustments to the job application process or work
363	363	5 environment, or to the manner or circumstances under which
364	364	6 the position desired or held is customarily performed,
365	365	7 that enable an applicant or employee affected by
366	366	8 pregnancy, childbirth, or medical or common conditions
367	367	9 related to pregnancy or childbirth to be considered for
368	368	10 the position the applicant desires or to perform the
369	369	11 essential functions of that position, and may include, but
370	370	12 is not limited to: more frequent or longer bathroom
371	371	13 breaks, breaks for increased water intake, and breaks for
372	372	14 periodic rest; private non-bathroom space for expressing
373	373	15 breast milk and breastfeeding; seating; assistance with
374	374	16 manual labor; light duty; temporary transfer to a less
375	375	17 strenuous or hazardous position; the provision of an
376	376	18 accessible worksite; acquisition or modification of
377	377	19 equipment; job restructuring; a part-time or modified work
378	378	20 schedule; appropriate adjustment or modifications of
379	379	21 examinations, training materials, or policies;
380	380	22 reassignment to a vacant position; time off to recover
381	381	23 from conditions related to childbirth; and leave
382	382	24 necessitated by pregnancy, childbirth, or medical or
383	383	25 common conditions resulting from pregnancy or childbirth.
384	384	26 For the purposes of this subdivision (J), "undue
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395	395	1 hardship" means an action that is prohibitively expensive
396	396	2 or disruptive when considered in light of the following
397	397	3 factors: (i) the nature and cost of the accommodation
398	398	4 needed; (ii) the overall financial resources of the
399	399	5 facility or facilities involved in the provision of the
400	400	6 reasonable accommodation, the number of persons employed
401	401	7 at the facility, the effect on expenses and resources, or
402	402	8 the impact otherwise of the accommodation upon the
403	403	9 operation of the facility; (iii) the overall financial
404	404	10 resources of the employer, the overall size of the
405	405	11 business of the employer with respect to the number of its
406	406	12 employees, and the number, type, and location of its
407	407	13 facilities; and (iv) the type of operation or operations
408	408	14 of the employer, including the composition, structure, and
409	409	15 functions of the workforce of the employer, the geographic
410	410	16 separateness, administrative, or fiscal relationship of
411	411	17 the facility or facilities in question to the employer.
412	412	18 The employer has the burden of proving undue hardship. The
413	413	19 fact that the employer provides or would be required to
414	414	20 provide a similar accommodation to similarly situated
415	415	21 employees creates a rebuttable presumption that the
416	416	22 accommodation does not impose an undue hardship on the
417	417	23 employer.
418	418	24 No employer is required by this subdivision (J) to
419	419	25 create additional employment that the employer would not
420	420	26 otherwise have created, unless the employer does so or
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431	431	1 would do so for other classes of employees who need
432	432	2 accommodation. The employer is not required to discharge
433	433	3 any employee, transfer any employee with more seniority,
434	434	4 or promote any employee who is not qualified to perform
435	435	5 the job, unless the employer does so or would do so to
436	436	6 accommodate other classes of employees who need it.
437	437	7 (K) Notice.
438	438	8 (1) For an employer to fail to post or keep posted
439	439	9 in a conspicuous location on the premises of the
440	440	10 employer where notices to employees are customarily
441	441	11 posted, or fail to include in any employee handbook
442	442	12 information concerning an employee's rights under this
443	443	13 Article, a notice, to be prepared or approved by the
444	444	14 Department, summarizing the requirements of this
445	445	15 Article and information pertaining to the filing of a
446	446	16 charge, including the right to be free from unlawful
447	447	17 discrimination, the right to be free from sexual
448	448	18 harassment, and the right to certain reasonable
449	449	19 accommodations. The Department shall make the
450	450	20 documents required under this paragraph available for
451	451	21 retrieval from the Department's website.
452	452	22 (2) Upon notification of a violation of paragraph
453	453	23 (1) of this subdivision (K), the Department may launch
454	454	24 a preliminary investigation. If the Department finds a
455	455	25 violation, the Department may issue a notice to show
456	456	26 cause giving the employer 30 days to correct the
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467	467	1 violation. If the violation is not corrected, the
468	468	2 Department may initiate a charge of a civil rights
469	469	3 violation.
470	470	4 (L) Gender. For any employer, employee, agent of any
471	471	5 employer, employment agency, labor organization, or public
472	472	6 employer to inquire about a job applicant's gender.
473	473	7 (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
474	474	8 (775 ILCS 5/3-102.2 new)
475	475	9 Sec. 3-102.2. Gender. Except as provided in subsection (F)
476	476	10 of Section 3-106, it is a civil rights violation for an owner
477	477	11 or any other person engaging in a real estate transaction, or
478	478	12 for a real estate broker or salesman, to inquire about a
479	479	13 buyer's or renter's gender.
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