| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0804 | |
| 2 | 1 | HB3773 EnrolledLRB103 27562 SPS 53938 b HB3773 Enrolled LRB103 27562 SPS 53938 b | |
| 3 | 2 | HB3773 Enrolled LRB103 27562 SPS 53938 b | |
| 4 | - | AN ACT concerning business. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Human Rights Act is amended by | |
| 8 | - | changing Sections 2-101 and 2-102 as follows: | |
| 9 | - | (775 ILCS 5/2-101) | |
| 10 | - | Sec. 2-101. Definitions. The following definitions are | |
| 11 | - | applicable strictly in the context of this Article. | |
| 12 | - | (A) Employee. | |
| 13 | - | (1) "Employee" includes: | |
| 14 | - | (a) Any individual performing services for | |
| 15 | - | remuneration within this State for an employer; | |
| 16 | - | (b) An apprentice; | |
| 17 | - | (c) An applicant for any apprenticeship. | |
| 18 | - | For purposes of subsection (D) of Section 2-102 of | |
| 19 | - | this Act, "employee" also includes an unpaid intern. An | |
| 20 | - | unpaid intern is a person who performs work for an | |
| 21 | - | employer under the following circumstances: | |
| 22 | - | (i) the employer is not committed to hiring the | |
| 23 | - | person performing the work at the conclusion of the | |
| 24 | - | intern's tenure; | |
| 25 | - | (ii) the employer and the person performing the | |
| 26 | - | work agree that the person is not entitled to wages for | |
| 3 | + | 1 AN ACT concerning business. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Human Rights Act is amended by | |
| 7 | + | 5 changing Sections 2-101 and 2-102 as follows: | |
| 8 | + | 6 (775 ILCS 5/2-101) | |
| 9 | + | 7 Sec. 2-101. Definitions. The following definitions are | |
| 10 | + | 8 applicable strictly in the context of this Article. | |
| 11 | + | 9 (A) Employee. | |
| 12 | + | 10 (1) "Employee" includes: | |
| 13 | + | 11 (a) Any individual performing services for | |
| 14 | + | 12 remuneration within this State for an employer; | |
| 15 | + | 13 (b) An apprentice; | |
| 16 | + | 14 (c) An applicant for any apprenticeship. | |
| 17 | + | 15 For purposes of subsection (D) of Section 2-102 of | |
| 18 | + | 16 this Act, "employee" also includes an unpaid intern. An | |
| 19 | + | 17 unpaid intern is a person who performs work for an | |
| 20 | + | 18 employer under the following circumstances: | |
| 21 | + | 19 (i) the employer is not committed to hiring the | |
| 22 | + | 20 person performing the work at the conclusion of the | |
| 23 | + | 21 intern's tenure; | |
| 24 | + | 22 (ii) the employer and the person performing the | |
| 25 | + | 23 work agree that the person is not entitled to wages for | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB3773 Enrolled LRB103 27562 SPS 53938 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | the work performed; and | |
| 34 | - | (iii) the work performed: | |
| 35 | - | (I) supplements training given in an | |
| 36 | - | educational environment that may enhance the | |
| 37 | - | employability of the intern; | |
| 38 | - | (II) provides experience for the benefit of | |
| 39 | - | the person performing the work; | |
| 40 | - | (III) does not displace regular employees; | |
| 41 | - | (IV) is performed under the close supervision | |
| 42 | - | of existing staff; and | |
| 43 | - | (V) provides no immediate advantage to the | |
| 44 | - | employer providing the training and may | |
| 45 | - | occasionally impede the operations of the | |
| 46 | - | employer. | |
| 47 | - | (2) "Employee" does not include: | |
| 48 | - | (a) (Blank); | |
| 49 | - | (b) Individuals employed by persons who are not | |
| 50 | - | "employers" as defined by this Act; | |
| 51 | - | (c) Elected public officials or the members of | |
| 52 | - | their immediate personal staffs; | |
| 53 | - | (d) Principal administrative officers of the State | |
| 54 | - | or of any political subdivision, municipal corporation | |
| 55 | - | or other governmental unit or agency; | |
| 56 | - | (e) A person in a vocational rehabilitation | |
| 57 | - | facility certified under federal law who has been | |
| 58 | - | designated an evaluee, trainee, or work activity | |
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| 34 | + | 1 the work performed; and | |
| 35 | + | 2 (iii) the work performed: | |
| 36 | + | 3 (I) supplements training given in an | |
| 37 | + | 4 educational environment that may enhance the | |
| 38 | + | 5 employability of the intern; | |
| 39 | + | 6 (II) provides experience for the benefit of | |
| 40 | + | 7 the person performing the work; | |
| 41 | + | 8 (III) does not displace regular employees; | |
| 42 | + | 9 (IV) is performed under the close supervision | |
| 43 | + | 10 of existing staff; and | |
| 44 | + | 11 (V) provides no immediate advantage to the | |
| 45 | + | 12 employer providing the training and may | |
| 46 | + | 13 occasionally impede the operations of the | |
| 47 | + | 14 employer. | |
| 48 | + | 15 (2) "Employee" does not include: | |
| 49 | + | 16 (a) (Blank); | |
| 50 | + | 17 (b) Individuals employed by persons who are not | |
| 51 | + | 18 "employers" as defined by this Act; | |
| 52 | + | 19 (c) Elected public officials or the members of | |
| 53 | + | 20 their immediate personal staffs; | |
| 54 | + | 21 (d) Principal administrative officers of the State | |
| 55 | + | 22 or of any political subdivision, municipal corporation | |
| 56 | + | 23 or other governmental unit or agency; | |
| 57 | + | 24 (e) A person in a vocational rehabilitation | |
| 58 | + | 25 facility certified under federal law who has been | |
| 59 | + | 26 designated an evaluee, trainee, or work activity | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | client. | |
| 62 | - | (B) Employer. | |
| 63 | - | (1) "Employer" includes: | |
| 64 | - | (a) Any person employing one or more employees | |
| 65 | - | within Illinois during 20 or more calendar weeks | |
| 66 | - | within the calendar year of or preceding the alleged | |
| 67 | - | violation; | |
| 68 | - | (b) Any person employing one or more employees | |
| 69 | - | when a complainant alleges civil rights violation due | |
| 70 | - | to unlawful discrimination based upon his or her | |
| 71 | - | physical or mental disability unrelated to ability, | |
| 72 | - | pregnancy, or sexual harassment; | |
| 73 | - | (c) The State and any political subdivision, | |
| 74 | - | municipal corporation or other governmental unit or | |
| 75 | - | agency, without regard to the number of employees; | |
| 76 | - | (d) Any party to a public contract without regard | |
| 77 | - | to the number of employees; | |
| 78 | - | (e) A joint apprenticeship or training committee | |
| 79 | - | without regard to the number of employees. | |
| 80 | - | (2) "Employer" does not include any place of worship, | |
| 81 | - | religious corporation, association, educational | |
| 82 | - | institution, society, or non-profit nursing institution | |
| 83 | - | conducted by and for those who rely upon treatment by | |
| 84 | - | prayer through spiritual means in accordance with the | |
| 85 | - | tenets of a recognized church or religious denomination | |
| 86 | - | with respect to the employment of individuals of a | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | particular religion to perform work connected with the | |
| 90 | - | carrying on by such place of worship, corporation, | |
| 91 | - | association, educational institution, society or | |
| 92 | - | non-profit nursing institution of its activities. | |
| 93 | - | (C) Employment Agency. "Employment Agency" includes both | |
| 94 | - | public and private employment agencies and any person, labor | |
| 95 | - | organization, or labor union having a hiring hall or hiring | |
| 96 | - | office regularly undertaking, with or without compensation, to | |
| 97 | - | procure opportunities to work, or to procure, recruit, refer | |
| 98 | - | or place employees. | |
| 99 | - | (D) Labor Organization. "Labor Organization" includes any | |
| 100 | - | organization, labor union, craft union, or any voluntary | |
| 101 | - | unincorporated association designed to further the cause of | |
| 102 | - | the rights of union labor which is constituted for the | |
| 103 | - | purpose, in whole or in part, of collective bargaining or of | |
| 104 | - | dealing with employers concerning grievances, terms or | |
| 105 | - | conditions of employment, or apprenticeships or applications | |
| 106 | - | for apprenticeships, or of other mutual aid or protection in | |
| 107 | - | connection with employment, including apprenticeships or | |
| 108 | - | applications for apprenticeships. | |
| 109 | - | (E) Sexual Harassment. "Sexual harassment" means any | |
| 110 | - | unwelcome sexual advances or requests for sexual favors or any | |
| 111 | - | conduct of a sexual nature when (1) submission to such conduct | |
| 112 | - | is made either explicitly or implicitly a term or condition of | |
| 113 | - | an individual's employment, (2) submission to or rejection of | |
| 114 | - | such conduct by an individual is used as the basis for | |
| 64 | + | ||
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | employment decisions affecting such individual, or (3) such | |
| 118 | - | conduct has the purpose or effect of substantially interfering | |
| 119 | - | with an individual's work performance or creating an | |
| 120 | - | intimidating, hostile or offensive working environment. | |
| 121 | - | For purposes of this definition, the phrase "working | |
| 122 | - | environment" is not limited to a physical location an employee | |
| 123 | - | is assigned to perform his or her duties. | |
| 124 | - | (E-1) Harassment. "Harassment" means any unwelcome conduct | |
| 125 | - | on the basis of an individual's actual or perceived race, | |
| 126 | - | color, religion, national origin, ancestry, age, sex, marital | |
| 127 | - | status, order of protection status, disability, military | |
| 128 | - | status, sexual orientation, pregnancy, unfavorable discharge | |
| 129 | - | from military service, citizenship status, or work | |
| 130 | - | authorization status that has the purpose or effect of | |
| 131 | - | substantially interfering with the individual's work | |
| 132 | - | performance or creating an intimidating, hostile, or offensive | |
| 133 | - | working environment. For purposes of this definition, the | |
| 134 | - | phrase "working environment" is not limited to a physical | |
| 135 | - | location an employee is assigned to perform his or her duties. | |
| 136 | - | (F) Religion. "Religion" with respect to employers | |
| 137 | - | includes all aspects of religious observance and practice, as | |
| 138 | - | well as belief, unless an employer demonstrates that he is | |
| 139 | - | unable to reasonably accommodate an employee's or prospective | |
| 140 | - | employee's religious observance or practice without undue | |
| 141 | - | hardship on the conduct of the employer's business. | |
| 142 | - | (G) Public Employer. "Public employer" means the State, an | |
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| 70 | + | 1 client. | |
| 71 | + | 2 (B) Employer. | |
| 72 | + | 3 (1) "Employer" includes: | |
| 73 | + | 4 (a) Any person employing one or more employees | |
| 74 | + | 5 within Illinois during 20 or more calendar weeks | |
| 75 | + | 6 within the calendar year of or preceding the alleged | |
| 76 | + | 7 violation; | |
| 77 | + | 8 (b) Any person employing one or more employees | |
| 78 | + | 9 when a complainant alleges civil rights violation due | |
| 79 | + | 10 to unlawful discrimination based upon his or her | |
| 80 | + | 11 physical or mental disability unrelated to ability, | |
| 81 | + | 12 pregnancy, or sexual harassment; | |
| 82 | + | 13 (c) The State and any political subdivision, | |
| 83 | + | 14 municipal corporation or other governmental unit or | |
| 84 | + | 15 agency, without regard to the number of employees; | |
| 85 | + | 16 (d) Any party to a public contract without regard | |
| 86 | + | 17 to the number of employees; | |
| 87 | + | 18 (e) A joint apprenticeship or training committee | |
| 88 | + | 19 without regard to the number of employees. | |
| 89 | + | 20 (2) "Employer" does not include any place of worship, | |
| 90 | + | 21 religious corporation, association, educational | |
| 91 | + | 22 institution, society, or non-profit nursing institution | |
| 92 | + | 23 conducted by and for those who rely upon treatment by | |
| 93 | + | 24 prayer through spiritual means in accordance with the | |
| 94 | + | 25 tenets of a recognized church or religious denomination | |
| 95 | + | 26 with respect to the employment of individuals of a | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | agency or department thereof, unit of local government, school | |
| 146 | - | district, instrumentality or political subdivision. | |
| 147 | - | (H) Public Employee. "Public employee" means an employee | |
| 148 | - | of the State, agency or department thereof, unit of local | |
| 149 | - | government, school district, instrumentality or political | |
| 150 | - | subdivision. "Public employee" does not include public | |
| 151 | - | officers or employees of the General Assembly or agencies | |
| 152 | - | thereof. | |
| 153 | - | (I) Public Officer. "Public officer" means a person who is | |
| 154 | - | elected to office pursuant to the Constitution or a statute or | |
| 155 | - | ordinance, or who is appointed to an office which is | |
| 156 | - | established, and the qualifications and duties of which are | |
| 157 | - | prescribed, by the Constitution or a statute or ordinance, to | |
| 158 | - | discharge a public duty for the State, agency or department | |
| 159 | - | thereof, unit of local government, school district, | |
| 160 | - | instrumentality or political subdivision. | |
| 161 | - | (J) Eligible Bidder. "Eligible bidder" means a person who, | |
| 162 | - | prior to contract award or prior to bid opening for State | |
| 163 | - | contracts for construction or construction-related services, | |
| 164 | - | has filed with the Department a properly completed, sworn and | |
| 165 | - | currently valid employer report form, pursuant to the | |
| 166 | - | Department's regulations. The provisions of this Article | |
| 167 | - | relating to eligible bidders apply only to bids on contracts | |
| 168 | - | with the State and its departments, agencies, boards, and | |
| 169 | - | commissions, and the provisions do not apply to bids on | |
| 170 | - | contracts with units of local government or school districts. | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | (K) Citizenship Status. "Citizenship status" means the | |
| 174 | - | status of being: | |
| 175 | - | (1) a born U.S. citizen; | |
| 176 | - | (2) a naturalized U.S. citizen; | |
| 177 | - | (3) a U.S. national; or | |
| 178 | - | (4) a person born outside the United States and not a | |
| 179 | - | U.S. citizen who is lawfully present and who is protected | |
| 180 | - | from discrimination under the provisions of Section 1324b | |
| 181 | - | of Title 8 of the United States Code, as now or hereafter | |
| 182 | - | amended. | |
| 183 | - | (L) Work Authorization Status. "Work authorization status" | |
| 184 | - | means the status of being a person born outside of the United | |
| 185 | - | States, and not a U.S. citizen, who is authorized by the | |
| 186 | - | federal government to work in the United States. | |
| 187 | - | (M) Artificial Intelligence. "Artificial intelligence" | |
| 188 | - | means a machine-based system that, for explicit or implicit | |
| 189 | - | objectives, infers, from the input it receives, how to | |
| 190 | - | generate outputs such as predictions, content, | |
| 191 | - | recommendations, or decisions that can influence physical or | |
| 192 | - | virtual environments. "Artificial intelligence" includes | |
| 193 | - | generative artificial intelligence. | |
| 194 | - | (N) Generative Artificial Intelligence. "Generative | |
| 195 | - | artificial intelligence" means an automated computing system | |
| 196 | - | that, when prompted with human prompts, descriptions, or | |
| 197 | - | queries, can produce outputs that simulate human-produced | |
| 198 | - | content, including, but not limited to, the following: (1) | |
| 100 | + | ||
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| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | textual outputs, such as short answers, essays, poetry, or | |
| 202 | - | longer compositions or answers; (2) image outputs, such as | |
| 203 | - | fine art, photographs, conceptual art, diagrams, and other | |
| 204 | - | images; (3) multimedia outputs, such as audio or video in the | |
| 205 | - | form of compositions, songs, or short-form or long-form audio | |
| 206 | - | or video; and (4) other content that would be otherwise | |
| 207 | - | produced by human means. | |
| 208 | - | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | |
| 209 | - | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | |
| 210 | - | 5-27-22.) | |
| 211 | - | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | |
| 212 | - | Sec. 2-102. Civil rights violations - employment. It is a | |
| 213 | - | civil rights violation: | |
| 214 | - | (A) Employers. For any employer to refuse to hire, to | |
| 215 | - | segregate, to engage in harassment as defined in | |
| 216 | - | subsection (E-1) of Section 2-101, or to act with respect | |
| 217 | - | to recruitment, hiring, promotion, renewal of employment, | |
| 218 | - | selection for training or apprenticeship, discharge, | |
| 219 | - | discipline, tenure or terms, privileges or conditions of | |
| 220 | - | employment on the basis of unlawful discrimination, | |
| 221 | - | citizenship status, or work authorization status. An | |
| 222 | - | employer is responsible for harassment by the employer's | |
| 223 | - | nonmanagerial and nonsupervisory employees only if the | |
| 224 | - | employer becomes aware of the conduct and fails to take | |
| 225 | - | reasonable corrective measures. | |
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| 106 | + | 1 particular religion to perform work connected with the | |
| 107 | + | 2 carrying on by such place of worship, corporation, | |
| 108 | + | 3 association, educational institution, society or | |
| 109 | + | 4 non-profit nursing institution of its activities. | |
| 110 | + | 5 (C) Employment Agency. "Employment Agency" includes both | |
| 111 | + | 6 public and private employment agencies and any person, labor | |
| 112 | + | 7 organization, or labor union having a hiring hall or hiring | |
| 113 | + | 8 office regularly undertaking, with or without compensation, to | |
| 114 | + | 9 procure opportunities to work, or to procure, recruit, refer | |
| 115 | + | 10 or place employees. | |
| 116 | + | 11 (D) Labor Organization. "Labor Organization" includes any | |
| 117 | + | 12 organization, labor union, craft union, or any voluntary | |
| 118 | + | 13 unincorporated association designed to further the cause of | |
| 119 | + | 14 the rights of union labor which is constituted for the | |
| 120 | + | 15 purpose, in whole or in part, of collective bargaining or of | |
| 121 | + | 16 dealing with employers concerning grievances, terms or | |
| 122 | + | 17 conditions of employment, or apprenticeships or applications | |
| 123 | + | 18 for apprenticeships, or of other mutual aid or protection in | |
| 124 | + | 19 connection with employment, including apprenticeships or | |
| 125 | + | 20 applications for apprenticeships. | |
| 126 | + | 21 (E) Sexual Harassment. "Sexual harassment" means any | |
| 127 | + | 22 unwelcome sexual advances or requests for sexual favors or any | |
| 128 | + | 23 conduct of a sexual nature when (1) submission to such conduct | |
| 129 | + | 24 is made either explicitly or implicitly a term or condition of | |
| 130 | + | 25 an individual's employment, (2) submission to or rejection of | |
| 131 | + | 26 such conduct by an individual is used as the basis for | |
| 226 | 132 | ||
| 227 | 133 | ||
| 228 | - | (A-5) Language. For an employer to impose a | |
| 229 | - | restriction that has the effect of prohibiting a language | |
| 230 | - | from being spoken by an employee in communications that | |
| 231 | - | are unrelated to the employee's duties. | |
| 232 | - | For the purposes of this subdivision (A-5), "language" | |
| 233 | - | means a person's native tongue, such as Polish, Spanish, | |
| 234 | - | or Chinese. "Language" does not include such things as | |
| 235 | - | slang, jargon, profanity, or vulgarity. | |
| 236 | - | (A-10) Harassment of nonemployees. For any employer, | |
| 237 | - | employment agency, or labor organization to engage in | |
| 238 | - | harassment of nonemployees in the workplace. An employer | |
| 239 | - | is responsible for harassment of nonemployees by the | |
| 240 | - | employer's nonmanagerial and nonsupervisory employees only | |
| 241 | - | if the employer becomes aware of the conduct and fails to | |
| 242 | - | take reasonable corrective measures. For the purposes of | |
| 243 | - | this subdivision (A-10), "nonemployee" means a person who | |
| 244 | - | is not otherwise an employee of the employer and is | |
| 245 | - | directly performing services for the employer pursuant to | |
| 246 | - | a contract with that employer. "Nonemployee" includes | |
| 247 | - | contractors and consultants. This subdivision applies to | |
| 248 | - | harassment occurring on or after the effective date of | |
| 249 | - | this amendatory Act of the 101st General Assembly. | |
| 250 | - | (B) Employment agency. For any employment agency to | |
| 251 | - | fail or refuse to classify properly, accept applications | |
| 252 | - | and register for employment referral or apprenticeship | |
| 253 | - | referral, refer for employment, or refer for | |
| 254 | 134 | ||
| 255 | 135 | ||
| 256 | - | apprenticeship on the basis of unlawful discrimination, | |
| 257 | - | citizenship status, or work authorization status or to | |
| 258 | - | accept from any person any job order, requisition or | |
| 259 | - | request for referral of applicants for employment or | |
| 260 | - | apprenticeship which makes or has the effect of making | |
| 261 | - | unlawful discrimination or discrimination on the basis of | |
| 262 | - | citizenship status or work authorization status a | |
| 263 | - | condition of referral. | |
| 264 | - | (C) Labor organization. For any labor organization to | |
| 265 | - | limit, segregate or classify its membership, or to limit | |
| 266 | - | employment opportunities, selection and training for | |
| 267 | - | apprenticeship in any trade or craft, or otherwise to | |
| 268 | - | take, or fail to take, any action which affects adversely | |
| 269 | - | any person's status as an employee or as an applicant for | |
| 270 | - | employment or as an apprentice, or as an applicant for | |
| 271 | - | apprenticeships, or wages, tenure, hours of employment or | |
| 272 | - | apprenticeship conditions on the basis of unlawful | |
| 273 | - | discrimination, citizenship status, or work authorization | |
| 274 | - | status. | |
| 275 | - | (D) Sexual harassment. For any employer, employee, | |
| 276 | - | agent of any employer, employment agency or labor | |
| 277 | - | organization to engage in sexual harassment; provided, | |
| 278 | - | that an employer shall be responsible for sexual | |
| 279 | - | harassment of the employer's employees by nonemployees or | |
| 280 | - | nonmanagerial and nonsupervisory employees only if the | |
| 281 | - | employer becomes aware of the conduct and fails to take | |
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| 282 | 138 | ||
| 283 | 139 | ||
| 284 | - | reasonable corrective measures. | |
| 285 | - | (D-5) Sexual harassment of nonemployees. For any | |
| 286 | - | employer, employee, agent of any employer, employment | |
| 287 | - | agency, or labor organization to engage in sexual | |
| 288 | - | harassment of nonemployees in the workplace. An employer | |
| 289 | - | is responsible for sexual harassment of nonemployees by | |
| 290 | - | the employer's nonmanagerial and nonsupervisory employees | |
| 291 | - | only if the employer becomes aware of the conduct and | |
| 292 | - | fails to take reasonable corrective measures. For the | |
| 293 | - | purposes of this subdivision (D-5), "nonemployee" means a | |
| 294 | - | person who is not otherwise an employee of the employer | |
| 295 | - | and is directly performing services for the employer | |
| 296 | - | pursuant to a contract with that employer. "Nonemployee" | |
| 297 | - | includes contractors and consultants. This subdivision | |
| 298 | - | applies to sexual harassment occurring on or after the | |
| 299 | - | effective date of this amendatory Act of the 101st General | |
| 300 | - | Assembly. | |
| 301 | - | (E) Public employers. For any public employer to | |
| 302 | - | refuse to permit a public employee under its jurisdiction | |
| 303 | - | who takes time off from work in order to practice his or | |
| 304 | - | her religious beliefs to engage in work, during hours | |
| 305 | - | other than such employee's regular working hours, | |
| 306 | - | consistent with the operational needs of the employer and | |
| 307 | - | in order to compensate for work time lost for such | |
| 308 | - | religious reasons. Any employee who elects such deferred | |
| 309 | - | work shall be compensated at the wage rate which he or she | |
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| 142 | + | 1 employment decisions affecting such individual, or (3) such | |
| 143 | + | 2 conduct has the purpose or effect of substantially interfering | |
| 144 | + | 3 with an individual's work performance or creating an | |
| 145 | + | 4 intimidating, hostile or offensive working environment. | |
| 146 | + | 5 For purposes of this definition, the phrase "working | |
| 147 | + | 6 environment" is not limited to a physical location an employee | |
| 148 | + | 7 is assigned to perform his or her duties. | |
| 149 | + | 8 (E-1) Harassment. "Harassment" means any unwelcome conduct | |
| 150 | + | 9 on the basis of an individual's actual or perceived race, | |
| 151 | + | 10 color, religion, national origin, ancestry, age, sex, marital | |
| 152 | + | 11 status, order of protection status, disability, military | |
| 153 | + | 12 status, sexual orientation, pregnancy, unfavorable discharge | |
| 154 | + | 13 from military service, citizenship status, or work | |
| 155 | + | 14 authorization status that has the purpose or effect of | |
| 156 | + | 15 substantially interfering with the individual's work | |
| 157 | + | 16 performance or creating an intimidating, hostile, or offensive | |
| 158 | + | 17 working environment. For purposes of this definition, the | |
| 159 | + | 18 phrase "working environment" is not limited to a physical | |
| 160 | + | 19 location an employee is assigned to perform his or her duties. | |
| 161 | + | 20 (F) Religion. "Religion" with respect to employers | |
| 162 | + | 21 includes all aspects of religious observance and practice, as | |
| 163 | + | 22 well as belief, unless an employer demonstrates that he is | |
| 164 | + | 23 unable to reasonably accommodate an employee's or prospective | |
| 165 | + | 24 employee's religious observance or practice without undue | |
| 166 | + | 25 hardship on the conduct of the employer's business. | |
| 167 | + | 26 (G) Public Employer. "Public employer" means the State, an | |
| 310 | 168 | ||
| 311 | 169 | ||
| 312 | - | would have earned during the originally scheduled work | |
| 313 | - | period. The employer may require that an employee who | |
| 314 | - | plans to take time off from work in order to practice his | |
| 315 | - | or her religious beliefs provide the employer with a | |
| 316 | - | notice of his or her intention to be absent from work not | |
| 317 | - | exceeding 5 days prior to the date of absence. | |
| 318 | - | (E-5) Religious discrimination. For any employer to | |
| 319 | - | impose upon a person as a condition of obtaining or | |
| 320 | - | retaining employment, including opportunities for | |
| 321 | - | promotion, advancement, or transfer, any terms or | |
| 322 | - | conditions that would require such person to violate or | |
| 323 | - | forgo a sincerely held practice of his or her religion | |
| 324 | - | including, but not limited to, the wearing of any attire, | |
| 325 | - | clothing, or facial hair in accordance with the | |
| 326 | - | requirements of his or her religion, unless, after | |
| 327 | - | engaging in a bona fide effort, the employer demonstrates | |
| 328 | - | that it is unable to reasonably accommodate the employee's | |
| 329 | - | or prospective employee's sincerely held religious belief, | |
| 330 | - | practice, or observance without undue hardship on the | |
| 331 | - | conduct of the employer's business. | |
| 332 | - | Nothing in this Section prohibits an employer from | |
| 333 | - | enacting a dress code or grooming policy that may include | |
| 334 | - | restrictions on attire, clothing, or facial hair to | |
| 335 | - | maintain workplace safety or food sanitation. | |
| 336 | - | (F) Training and apprenticeship programs. For any | |
| 337 | - | employer, employment agency or labor organization to | |
| 338 | 170 | ||
| 339 | 171 | ||
| 340 | - | discriminate against a person on the basis of age in the | |
| 341 | - | selection, referral for or conduct of apprenticeship or | |
| 342 | - | training programs. | |
| 343 | - | (G) Immigration-related practices. | |
| 344 | - | (1) for an employer to request for purposes of | |
| 345 | - | satisfying the requirements of Section 1324a(b) of | |
| 346 | - | Title 8 of the United States Code, as now or hereafter | |
| 347 | - | amended, more or different documents than are required | |
| 348 | - | under such Section or to refuse to honor documents | |
| 349 | - | tendered that on their face reasonably appear to be | |
| 350 | - | genuine or to refuse to honor work authorization based | |
| 351 | - | upon the specific status or term of status that | |
| 352 | - | accompanies the authorization to work; or | |
| 353 | - | (2) for an employer participating in the E-Verify | |
| 354 | - | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | |
| 355 | - | Programs for Employment Eligibility Confirmation | |
| 356 | - | (enacted by PL 104-208, div. C title IV, subtitle A) to | |
| 357 | - | refuse to hire, to segregate, or to act with respect to | |
| 358 | - | recruitment, hiring, promotion, renewal of employment, | |
| 359 | - | selection for training or apprenticeship, discharge, | |
| 360 | - | discipline, tenure or terms, privileges or conditions | |
| 361 | - | of employment without following the procedures under | |
| 362 | - | the E-Verify Program. | |
| 363 | - | (H) (Blank). | |
| 364 | - | (I) Pregnancy. For an employer to refuse to hire, to | |
| 365 | - | segregate, or to act with respect to recruitment, hiring, | |
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| 366 | 174 | ||
| 367 | 175 | ||
| 368 | - | promotion, renewal of employment, selection for training | |
| 369 | - | or apprenticeship, discharge, discipline, tenure or terms, | |
| 370 | - | privileges or conditions of employment on the basis of | |
| 371 | - | pregnancy, childbirth, or medical or common conditions | |
| 372 | - | related to pregnancy or childbirth. Women affected by | |
| 373 | - | pregnancy, childbirth, or medical or common conditions | |
| 374 | - | related to pregnancy or childbirth shall be treated the | |
| 375 | - | same for all employment-related purposes, including | |
| 376 | - | receipt of benefits under fringe benefit programs, as | |
| 377 | - | other persons not so affected but similar in their ability | |
| 378 | - | or inability to work, regardless of the source of the | |
| 379 | - | inability to work or employment classification or status. | |
| 380 | - | (J) Pregnancy; reasonable accommodations. | |
| 381 | - | (1) If after a job applicant or employee, | |
| 382 | - | including a part-time, full-time, or probationary | |
| 383 | - | employee, requests a reasonable accommodation, for an | |
| 384 | - | employer to not make reasonable accommodations for any | |
| 385 | - | medical or common condition of a job applicant or | |
| 386 | - | employee related to pregnancy or childbirth, unless | |
| 387 | - | the employer can demonstrate that the accommodation | |
| 388 | - | would impose an undue hardship on the ordinary | |
| 389 | - | operation of the business of the employer. The | |
| 390 | - | employer may request documentation from the employee's | |
| 391 | - | health care provider concerning the need for the | |
| 392 | - | requested reasonable accommodation or accommodations | |
| 393 | - | to the same extent documentation is requested for | |
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| 178 | + | 1 agency or department thereof, unit of local government, school | |
| 179 | + | 2 district, instrumentality or political subdivision. | |
| 180 | + | 3 (H) Public Employee. "Public employee" means an employee | |
| 181 | + | 4 of the State, agency or department thereof, unit of local | |
| 182 | + | 5 government, school district, instrumentality or political | |
| 183 | + | 6 subdivision. "Public employee" does not include public | |
| 184 | + | 7 officers or employees of the General Assembly or agencies | |
| 185 | + | 8 thereof. | |
| 186 | + | 9 (I) Public Officer. "Public officer" means a person who is | |
| 187 | + | 10 elected to office pursuant to the Constitution or a statute or | |
| 188 | + | 11 ordinance, or who is appointed to an office which is | |
| 189 | + | 12 established, and the qualifications and duties of which are | |
| 190 | + | 13 prescribed, by the Constitution or a statute or ordinance, to | |
| 191 | + | 14 discharge a public duty for the State, agency or department | |
| 192 | + | 15 thereof, unit of local government, school district, | |
| 193 | + | 16 instrumentality or political subdivision. | |
| 194 | + | 17 (J) Eligible Bidder. "Eligible bidder" means a person who, | |
| 195 | + | 18 prior to contract award or prior to bid opening for State | |
| 196 | + | 19 contracts for construction or construction-related services, | |
| 197 | + | 20 has filed with the Department a properly completed, sworn and | |
| 198 | + | 21 currently valid employer report form, pursuant to the | |
| 199 | + | 22 Department's regulations. The provisions of this Article | |
| 200 | + | 23 relating to eligible bidders apply only to bids on contracts | |
| 201 | + | 24 with the State and its departments, agencies, boards, and | |
| 202 | + | 25 commissions, and the provisions do not apply to bids on | |
| 203 | + | 26 contracts with units of local government or school districts. | |
| 394 | 204 | ||
| 395 | 205 | ||
| 396 | - | conditions related to disability if the employer's | |
| 397 | - | request for documentation is job-related and | |
| 398 | - | consistent with business necessity. The employer may | |
| 399 | - | require only the medical justification for the | |
| 400 | - | requested accommodation or accommodations, a | |
| 401 | - | description of the reasonable accommodation or | |
| 402 | - | accommodations medically advisable, the date the | |
| 403 | - | reasonable accommodation or accommodations became | |
| 404 | - | medically advisable, and the probable duration of the | |
| 405 | - | reasonable accommodation or accommodations. It is the | |
| 406 | - | duty of the individual seeking a reasonable | |
| 407 | - | accommodation or accommodations to submit to the | |
| 408 | - | employer any documentation that is requested in | |
| 409 | - | accordance with this paragraph. Notwithstanding the | |
| 410 | - | provisions of this paragraph, the employer may require | |
| 411 | - | documentation by the employee's health care provider | |
| 412 | - | to determine compliance with other laws. The employee | |
| 413 | - | and employer shall engage in a timely, good faith, and | |
| 414 | - | meaningful exchange to determine effective reasonable | |
| 415 | - | accommodations. | |
| 416 | - | (2) For an employer to deny employment | |
| 417 | - | opportunities or benefits to or take adverse action | |
| 418 | - | against an otherwise qualified job applicant or | |
| 419 | - | employee, including a part-time, full-time, or | |
| 420 | - | probationary employee, if the denial or adverse action | |
| 421 | - | is based on the need of the employer to make reasonable | |
| 422 | 206 | ||
| 423 | 207 | ||
| 424 | - | accommodations to the known medical or common | |
| 425 | - | conditions related to the pregnancy or childbirth of | |
| 426 | - | the applicant or employee. | |
| 427 | - | (3) For an employer to require a job applicant or | |
| 428 | - | employee, including a part-time, full-time, or | |
| 429 | - | probationary employee, affected by pregnancy, | |
| 430 | - | childbirth, or medical or common conditions related to | |
| 431 | - | pregnancy or childbirth to accept an accommodation | |
| 432 | - | when the applicant or employee did not request an | |
| 433 | - | accommodation and the applicant or employee chooses | |
| 434 | - | not to accept the employer's accommodation. | |
| 435 | - | (4) For an employer to require an employee, | |
| 436 | - | including a part-time, full-time, or probationary | |
| 437 | - | employee, to take leave under any leave law or policy | |
| 438 | - | of the employer if another reasonable accommodation | |
| 439 | - | can be provided to the known medical or common | |
| 440 | - | conditions related to the pregnancy or childbirth of | |
| 441 | - | an employee. No employer shall fail or refuse to | |
| 442 | - | reinstate the employee affected by pregnancy, | |
| 443 | - | childbirth, or medical or common conditions related to | |
| 444 | - | pregnancy or childbirth to her original job or to an | |
| 445 | - | equivalent position with equivalent pay and | |
| 446 | - | accumulated seniority, retirement, fringe benefits, | |
| 447 | - | and other applicable service credits upon her | |
| 448 | - | signifying her intent to return or when her need for | |
| 449 | - | reasonable accommodation ceases, unless the employer | |
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| 451 | 211 | ||
| 452 | - | can demonstrate that the accommodation would impose an | |
| 453 | - | undue hardship on the ordinary operation of the | |
| 454 | - | business of the employer. | |
| 455 | - | For the purposes of this subdivision (J), "reasonable | |
| 456 | - | accommodations" means reasonable modifications or | |
| 457 | - | adjustments to the job application process or work | |
| 458 | - | environment, or to the manner or circumstances under which | |
| 459 | - | the position desired or held is customarily performed, | |
| 460 | - | that enable an applicant or employee affected by | |
| 461 | - | pregnancy, childbirth, or medical or common conditions | |
| 462 | - | related to pregnancy or childbirth to be considered for | |
| 463 | - | the position the applicant desires or to perform the | |
| 464 | - | essential functions of that position, and may include, but | |
| 465 | - | is not limited to: more frequent or longer bathroom | |
| 466 | - | breaks, breaks for increased water intake, and breaks for | |
| 467 | - | periodic rest; private non-bathroom space for expressing | |
| 468 | - | breast milk and breastfeeding; seating; assistance with | |
| 469 | - | manual labor; light duty; temporary transfer to a less | |
| 470 | - | strenuous or hazardous position; the provision of an | |
| 471 | - | accessible worksite; acquisition or modification of | |
| 472 | - | equipment; job restructuring; a part-time or modified work | |
| 473 | - | schedule; appropriate adjustment or modifications of | |
| 474 | - | examinations, training materials, or policies; | |
| 475 | - | reassignment to a vacant position; time off to recover | |
| 476 | - | from conditions related to childbirth; and leave | |
| 477 | - | necessitated by pregnancy, childbirth, or medical or | |
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| 214 | + | 1 (K) Citizenship Status. "Citizenship status" means the | |
| 215 | + | 2 status of being: | |
| 216 | + | 3 (1) a born U.S. citizen; | |
| 217 | + | 4 (2) a naturalized U.S. citizen; | |
| 218 | + | 5 (3) a U.S. national; or | |
| 219 | + | 6 (4) a person born outside the United States and not a | |
| 220 | + | 7 U.S. citizen who is lawfully present and who is protected | |
| 221 | + | 8 from discrimination under the provisions of Section 1324b | |
| 222 | + | 9 of Title 8 of the United States Code, as now or hereafter | |
| 223 | + | 10 amended. | |
| 224 | + | 11 (L) Work Authorization Status. "Work authorization status" | |
| 225 | + | 12 means the status of being a person born outside of the United | |
| 226 | + | 13 States, and not a U.S. citizen, who is authorized by the | |
| 227 | + | 14 federal government to work in the United States. | |
| 228 | + | 15 (M) Artificial Intelligence. "Artificial intelligence" | |
| 229 | + | 16 means a machine-based system that, for explicit or implicit | |
| 230 | + | 17 objectives, infers, from the input it receives, how to | |
| 231 | + | 18 generate outputs such as predictions, content, | |
| 232 | + | 19 recommendations, or decisions that can influence physical or | |
| 233 | + | 20 virtual environments. "Artificial intelligence" includes | |
| 234 | + | 21 generative artificial intelligence. | |
| 235 | + | 22 (N) Generative Artificial Intelligence. "Generative | |
| 236 | + | 23 artificial intelligence" means an automated computing system | |
| 237 | + | 24 that, when prompted with human prompts, descriptions, or | |
| 238 | + | 25 queries, can produce outputs that simulate human-produced | |
| 239 | + | 26 content, including, but not limited to, the following: (1) | |
| 478 | 240 | ||
| 479 | 241 | ||
| 480 | - | common conditions resulting from pregnancy or childbirth. | |
| 481 | - | For the purposes of this subdivision (J), "undue | |
| 482 | - | hardship" means an action that is prohibitively expensive | |
| 483 | - | or disruptive when considered in light of the following | |
| 484 | - | factors: (i) the nature and cost of the accommodation | |
| 485 | - | needed; (ii) the overall financial resources of the | |
| 486 | - | facility or facilities involved in the provision of the | |
| 487 | - | reasonable accommodation, the number of persons employed | |
| 488 | - | at the facility, the effect on expenses and resources, or | |
| 489 | - | the impact otherwise of the accommodation upon the | |
| 490 | - | operation of the facility; (iii) the overall financial | |
| 491 | - | resources of the employer, the overall size of the | |
| 492 | - | business of the employer with respect to the number of its | |
| 493 | - | employees, and the number, type, and location of its | |
| 494 | - | facilities; and (iv) the type of operation or operations | |
| 495 | - | of the employer, including the composition, structure, and | |
| 496 | - | functions of the workforce of the employer, the geographic | |
| 497 | - | separateness, administrative, or fiscal relationship of | |
| 498 | - | the facility or facilities in question to the employer. | |
| 499 | - | The employer has the burden of proving undue hardship. The | |
| 500 | - | fact that the employer provides or would be required to | |
| 501 | - | provide a similar accommodation to similarly situated | |
| 502 | - | employees creates a rebuttable presumption that the | |
| 503 | - | accommodation does not impose an undue hardship on the | |
| 504 | - | employer. | |
| 505 | - | No employer is required by this subdivision (J) to | |
| 506 | 242 | ||
| 507 | 243 | ||
| 508 | - | create additional employment that the employer would not | |
| 509 | - | otherwise have created, unless the employer does so or | |
| 510 | - | would do so for other classes of employees who need | |
| 511 | - | accommodation. The employer is not required to discharge | |
| 512 | - | any employee, transfer any employee with more seniority, | |
| 513 | - | or promote any employee who is not qualified to perform | |
| 514 | - | the job, unless the employer does so or would do so to | |
| 515 | - | accommodate other classes of employees who need it. | |
| 516 | - | (K) Notice. | |
| 517 | - | (1) For an employer to fail to post or keep posted | |
| 518 | - | in a conspicuous location on the premises of the | |
| 519 | - | employer where notices to employees are customarily | |
| 520 | - | posted, or fail to include in any employee handbook | |
| 521 | - | information concerning an employee's rights under this | |
| 522 | - | Article, a notice, to be prepared or approved by the | |
| 523 | - | Department, summarizing the requirements of this | |
| 524 | - | Article and information pertaining to the filing of a | |
| 525 | - | charge, including the right to be free from unlawful | |
| 526 | - | discrimination, the right to be free from sexual | |
| 527 | - | harassment, and the right to certain reasonable | |
| 528 | - | accommodations. The Department shall make the | |
| 529 | - | documents required under this paragraph available for | |
| 530 | - | retrieval from the Department's website. | |
| 531 | - | (2) Upon notification of a violation of paragraph | |
| 532 | - | (1) of this subdivision (K), the Department may launch | |
| 533 | - | a preliminary investigation. If the Department finds a | |
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| 534 | 246 | ||
| 535 | 247 | ||
| 536 | - | violation, the Department may issue a notice to show | |
| 537 | - | cause giving the employer 30 days to correct the | |
| 538 | - | violation. If the violation is not corrected, the | |
| 539 | - | Department may initiate a charge of a civil rights | |
| 540 | - | violation. | |
| 541 | - | (L) Use of artificial intelligence. | |
| 542 | - | (1) With respect to recruitment, hiring, | |
| 543 | - | promotion, renewal of employment, selection for | |
| 544 | - | training or apprenticeship, discharge, discipline, | |
| 545 | - | tenure, or the terms, privileges, or conditions of | |
| 546 | - | employment, for an employer to use artificial | |
| 547 | - | intelligence that has the effect of subjecting | |
| 548 | - | employees to discrimination on the basis of protected | |
| 549 | - | classes under this Article or to use zip codes as a | |
| 550 | - | proxy for protected classes under this Article. | |
| 551 | - | (2) For an employer to fail to provide notice to an | |
| 552 | - | employee that the employer is using artificial | |
| 553 | - | intelligence for the purposes described in paragraph | |
| 554 | - | (1). | |
| 555 | - | The Department shall adopt any rules necessary for the | |
| 556 | - | implementation and enforcement of this subdivision, | |
| 557 | - | including, but not limited to, rules on the circumstances | |
| 558 | - | and conditions that require notice, the time period for | |
| 559 | - | providing notice, and the means for providing notice. | |
| 560 | - | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) | |
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| 250 | + | 1 textual outputs, such as short answers, essays, poetry, or | |
| 251 | + | 2 longer compositions or answers; (2) image outputs, such as | |
| 252 | + | 3 fine art, photographs, conceptual art, diagrams, and other | |
| 253 | + | 4 images; (3) multimedia outputs, such as audio or video in the | |
| 254 | + | 5 form of compositions, songs, or short-form or long-form audio | |
| 255 | + | 6 or video; and (4) other content that would be otherwise | |
| 256 | + | 7 produced by human means. | |
| 257 | + | 8 (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | |
| 258 | + | 9 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | |
| 259 | + | 10 5-27-22.) | |
| 260 | + | 11 (775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | |
| 261 | + | 12 Sec. 2-102. Civil rights violations - employment. It is a | |
| 262 | + | 13 civil rights violation: | |
| 263 | + | 14 (A) Employers. For any employer to refuse to hire, to | |
| 264 | + | 15 segregate, to engage in harassment as defined in | |
| 265 | + | 16 subsection (E-1) of Section 2-101, or to act with respect | |
| 266 | + | 17 to recruitment, hiring, promotion, renewal of employment, | |
| 267 | + | 18 selection for training or apprenticeship, discharge, | |
| 268 | + | 19 discipline, tenure or terms, privileges or conditions of | |
| 269 | + | 20 employment on the basis of unlawful discrimination, | |
| 270 | + | 21 citizenship status, or work authorization status. An | |
| 271 | + | 22 employer is responsible for harassment by the employer's | |
| 272 | + | 23 nonmanagerial and nonsupervisory employees only if the | |
| 273 | + | 24 employer becomes aware of the conduct and fails to take | |
| 274 | + | 25 reasonable corrective measures. | |
| 275 | + | ||
| 276 | + | ||
| 277 | + | ||
| 278 | + | ||
| 279 | + | ||
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| 285 | + | 1 (A-5) Language. For an employer to impose a | |
| 286 | + | 2 restriction that has the effect of prohibiting a language | |
| 287 | + | 3 from being spoken by an employee in communications that | |
| 288 | + | 4 are unrelated to the employee's duties. | |
| 289 | + | 5 For the purposes of this subdivision (A-5), "language" | |
| 290 | + | 6 means a person's native tongue, such as Polish, Spanish, | |
| 291 | + | 7 or Chinese. "Language" does not include such things as | |
| 292 | + | 8 slang, jargon, profanity, or vulgarity. | |
| 293 | + | 9 (A-10) Harassment of nonemployees. For any employer, | |
| 294 | + | 10 employment agency, or labor organization to engage in | |
| 295 | + | 11 harassment of nonemployees in the workplace. An employer | |
| 296 | + | 12 is responsible for harassment of nonemployees by the | |
| 297 | + | 13 employer's nonmanagerial and nonsupervisory employees only | |
| 298 | + | 14 if the employer becomes aware of the conduct and fails to | |
| 299 | + | 15 take reasonable corrective measures. For the purposes of | |
| 300 | + | 16 this subdivision (A-10), "nonemployee" means a person who | |
| 301 | + | 17 is not otherwise an employee of the employer and is | |
| 302 | + | 18 directly performing services for the employer pursuant to | |
| 303 | + | 19 a contract with that employer. "Nonemployee" includes | |
| 304 | + | 20 contractors and consultants. This subdivision applies to | |
| 305 | + | 21 harassment occurring on or after the effective date of | |
| 306 | + | 22 this amendatory Act of the 101st General Assembly. | |
| 307 | + | 23 (B) Employment agency. For any employment agency to | |
| 308 | + | 24 fail or refuse to classify properly, accept applications | |
| 309 | + | 25 and register for employment referral or apprenticeship | |
| 310 | + | 26 referral, refer for employment, or refer for | |
| 311 | + | ||
| 312 | + | ||
| 313 | + | ||
| 314 | + | ||
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| 321 | + | 1 apprenticeship on the basis of unlawful discrimination, | |
| 322 | + | 2 citizenship status, or work authorization status or to | |
| 323 | + | 3 accept from any person any job order, requisition or | |
| 324 | + | 4 request for referral of applicants for employment or | |
| 325 | + | 5 apprenticeship which makes or has the effect of making | |
| 326 | + | 6 unlawful discrimination or discrimination on the basis of | |
| 327 | + | 7 citizenship status or work authorization status a | |
| 328 | + | 8 condition of referral. | |
| 329 | + | 9 (C) Labor organization. For any labor organization to | |
| 330 | + | 10 limit, segregate or classify its membership, or to limit | |
| 331 | + | 11 employment opportunities, selection and training for | |
| 332 | + | 12 apprenticeship in any trade or craft, or otherwise to | |
| 333 | + | 13 take, or fail to take, any action which affects adversely | |
| 334 | + | 14 any person's status as an employee or as an applicant for | |
| 335 | + | 15 employment or as an apprentice, or as an applicant for | |
| 336 | + | 16 apprenticeships, or wages, tenure, hours of employment or | |
| 337 | + | 17 apprenticeship conditions on the basis of unlawful | |
| 338 | + | 18 discrimination, citizenship status, or work authorization | |
| 339 | + | 19 status. | |
| 340 | + | 20 (D) Sexual harassment. For any employer, employee, | |
| 341 | + | 21 agent of any employer, employment agency or labor | |
| 342 | + | 22 organization to engage in sexual harassment; provided, | |
| 343 | + | 23 that an employer shall be responsible for sexual | |
| 344 | + | 24 harassment of the employer's employees by nonemployees or | |
| 345 | + | 25 nonmanagerial and nonsupervisory employees only if the | |
| 346 | + | 26 employer becomes aware of the conduct and fails to take | |
| 347 | + | ||
| 348 | + | ||
| 349 | + | ||
| 350 | + | ||
| 351 | + | ||
| 352 | + | HB3773 Enrolled - 10 - LRB103 27562 SPS 53938 b | |
| 353 | + | ||
| 354 | + | ||
| 355 | + | HB3773 Enrolled- 11 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 11 - LRB103 27562 SPS 53938 b | |
| 356 | + | HB3773 Enrolled - 11 - LRB103 27562 SPS 53938 b | |
| 357 | + | 1 reasonable corrective measures. | |
| 358 | + | 2 (D-5) Sexual harassment of nonemployees. For any | |
| 359 | + | 3 employer, employee, agent of any employer, employment | |
| 360 | + | 4 agency, or labor organization to engage in sexual | |
| 361 | + | 5 harassment of nonemployees in the workplace. An employer | |
| 362 | + | 6 is responsible for sexual harassment of nonemployees by | |
| 363 | + | 7 the employer's nonmanagerial and nonsupervisory employees | |
| 364 | + | 8 only if the employer becomes aware of the conduct and | |
| 365 | + | 9 fails to take reasonable corrective measures. For the | |
| 366 | + | 10 purposes of this subdivision (D-5), "nonemployee" means a | |
| 367 | + | 11 person who is not otherwise an employee of the employer | |
| 368 | + | 12 and is directly performing services for the employer | |
| 369 | + | 13 pursuant to a contract with that employer. "Nonemployee" | |
| 370 | + | 14 includes contractors and consultants. This subdivision | |
| 371 | + | 15 applies to sexual harassment occurring on or after the | |
| 372 | + | 16 effective date of this amendatory Act of the 101st General | |
| 373 | + | 17 Assembly. | |
| 374 | + | 18 (E) Public employers. For any public employer to | |
| 375 | + | 19 refuse to permit a public employee under its jurisdiction | |
| 376 | + | 20 who takes time off from work in order to practice his or | |
| 377 | + | 21 her religious beliefs to engage in work, during hours | |
| 378 | + | 22 other than such employee's regular working hours, | |
| 379 | + | 23 consistent with the operational needs of the employer and | |
| 380 | + | 24 in order to compensate for work time lost for such | |
| 381 | + | 25 religious reasons. Any employee who elects such deferred | |
| 382 | + | 26 work shall be compensated at the wage rate which he or she | |
| 383 | + | ||
| 384 | + | ||
| 385 | + | ||
| 386 | + | ||
| 387 | + | ||
| 388 | + | HB3773 Enrolled - 11 - LRB103 27562 SPS 53938 b | |
| 389 | + | ||
| 390 | + | ||
| 391 | + | HB3773 Enrolled- 12 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 12 - LRB103 27562 SPS 53938 b | |
| 392 | + | HB3773 Enrolled - 12 - LRB103 27562 SPS 53938 b | |
| 393 | + | 1 would have earned during the originally scheduled work | |
| 394 | + | 2 period. The employer may require that an employee who | |
| 395 | + | 3 plans to take time off from work in order to practice his | |
| 396 | + | 4 or her religious beliefs provide the employer with a | |
| 397 | + | 5 notice of his or her intention to be absent from work not | |
| 398 | + | 6 exceeding 5 days prior to the date of absence. | |
| 399 | + | 7 (E-5) Religious discrimination. For any employer to | |
| 400 | + | 8 impose upon a person as a condition of obtaining or | |
| 401 | + | 9 retaining employment, including opportunities for | |
| 402 | + | 10 promotion, advancement, or transfer, any terms or | |
| 403 | + | 11 conditions that would require such person to violate or | |
| 404 | + | 12 forgo a sincerely held practice of his or her religion | |
| 405 | + | 13 including, but not limited to, the wearing of any attire, | |
| 406 | + | 14 clothing, or facial hair in accordance with the | |
| 407 | + | 15 requirements of his or her religion, unless, after | |
| 408 | + | 16 engaging in a bona fide effort, the employer demonstrates | |
| 409 | + | 17 that it is unable to reasonably accommodate the employee's | |
| 410 | + | 18 or prospective employee's sincerely held religious belief, | |
| 411 | + | 19 practice, or observance without undue hardship on the | |
| 412 | + | 20 conduct of the employer's business. | |
| 413 | + | 21 Nothing in this Section prohibits an employer from | |
| 414 | + | 22 enacting a dress code or grooming policy that may include | |
| 415 | + | 23 restrictions on attire, clothing, or facial hair to | |
| 416 | + | 24 maintain workplace safety or food sanitation. | |
| 417 | + | 25 (F) Training and apprenticeship programs. For any | |
| 418 | + | 26 employer, employment agency or labor organization to | |
| 419 | + | ||
| 420 | + | ||
| 421 | + | ||
| 422 | + | ||
| 423 | + | ||
| 424 | + | HB3773 Enrolled - 12 - LRB103 27562 SPS 53938 b | |
| 425 | + | ||
| 426 | + | ||
| 427 | + | HB3773 Enrolled- 13 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 13 - LRB103 27562 SPS 53938 b | |
| 428 | + | HB3773 Enrolled - 13 - LRB103 27562 SPS 53938 b | |
| 429 | + | 1 discriminate against a person on the basis of age in the | |
| 430 | + | 2 selection, referral for or conduct of apprenticeship or | |
| 431 | + | 3 training programs. | |
| 432 | + | 4 (G) Immigration-related practices. | |
| 433 | + | 5 (1) for an employer to request for purposes of | |
| 434 | + | 6 satisfying the requirements of Section 1324a(b) of | |
| 435 | + | 7 Title 8 of the United States Code, as now or hereafter | |
| 436 | + | 8 amended, more or different documents than are required | |
| 437 | + | 9 under such Section or to refuse to honor documents | |
| 438 | + | 10 tendered that on their face reasonably appear to be | |
| 439 | + | 11 genuine or to refuse to honor work authorization based | |
| 440 | + | 12 upon the specific status or term of status that | |
| 441 | + | 13 accompanies the authorization to work; or | |
| 442 | + | 14 (2) for an employer participating in the E-Verify | |
| 443 | + | 15 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | |
| 444 | + | 16 Programs for Employment Eligibility Confirmation | |
| 445 | + | 17 (enacted by PL 104-208, div. C title IV, subtitle A) to | |
| 446 | + | 18 refuse to hire, to segregate, or to act with respect to | |
| 447 | + | 19 recruitment, hiring, promotion, renewal of employment, | |
| 448 | + | 20 selection for training or apprenticeship, discharge, | |
| 449 | + | 21 discipline, tenure or terms, privileges or conditions | |
| 450 | + | 22 of employment without following the procedures under | |
| 451 | + | 23 the E-Verify Program. | |
| 452 | + | 24 (H) (Blank). | |
| 453 | + | 25 (I) Pregnancy. For an employer to refuse to hire, to | |
| 454 | + | 26 segregate, or to act with respect to recruitment, hiring, | |
| 455 | + | ||
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
| 459 | + | ||
| 460 | + | HB3773 Enrolled - 13 - LRB103 27562 SPS 53938 b | |
| 461 | + | ||
| 462 | + | ||
| 463 | + | HB3773 Enrolled- 14 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 14 - LRB103 27562 SPS 53938 b | |
| 464 | + | HB3773 Enrolled - 14 - LRB103 27562 SPS 53938 b | |
| 465 | + | 1 promotion, renewal of employment, selection for training | |
| 466 | + | 2 or apprenticeship, discharge, discipline, tenure or terms, | |
| 467 | + | 3 privileges or conditions of employment on the basis of | |
| 468 | + | 4 pregnancy, childbirth, or medical or common conditions | |
| 469 | + | 5 related to pregnancy or childbirth. Women affected by | |
| 470 | + | 6 pregnancy, childbirth, or medical or common conditions | |
| 471 | + | 7 related to pregnancy or childbirth shall be treated the | |
| 472 | + | 8 same for all employment-related purposes, including | |
| 473 | + | 9 receipt of benefits under fringe benefit programs, as | |
| 474 | + | 10 other persons not so affected but similar in their ability | |
| 475 | + | 11 or inability to work, regardless of the source of the | |
| 476 | + | 12 inability to work or employment classification or status. | |
| 477 | + | 13 (J) Pregnancy; reasonable accommodations. | |
| 478 | + | 14 (1) If after a job applicant or employee, | |
| 479 | + | 15 including a part-time, full-time, or probationary | |
| 480 | + | 16 employee, requests a reasonable accommodation, for an | |
| 481 | + | 17 employer to not make reasonable accommodations for any | |
| 482 | + | 18 medical or common condition of a job applicant or | |
| 483 | + | 19 employee related to pregnancy or childbirth, unless | |
| 484 | + | 20 the employer can demonstrate that the accommodation | |
| 485 | + | 21 would impose an undue hardship on the ordinary | |
| 486 | + | 22 operation of the business of the employer. The | |
| 487 | + | 23 employer may request documentation from the employee's | |
| 488 | + | 24 health care provider concerning the need for the | |
| 489 | + | 25 requested reasonable accommodation or accommodations | |
| 490 | + | 26 to the same extent documentation is requested for | |
| 491 | + | ||
| 492 | + | ||
| 493 | + | ||
| 494 | + | ||
| 495 | + | ||
| 496 | + | HB3773 Enrolled - 14 - LRB103 27562 SPS 53938 b | |
| 497 | + | ||
| 498 | + | ||
| 499 | + | HB3773 Enrolled- 15 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 15 - LRB103 27562 SPS 53938 b | |
| 500 | + | HB3773 Enrolled - 15 - LRB103 27562 SPS 53938 b | |
| 501 | + | 1 conditions related to disability if the employer's | |
| 502 | + | 2 request for documentation is job-related and | |
| 503 | + | 3 consistent with business necessity. The employer may | |
| 504 | + | 4 require only the medical justification for the | |
| 505 | + | 5 requested accommodation or accommodations, a | |
| 506 | + | 6 description of the reasonable accommodation or | |
| 507 | + | 7 accommodations medically advisable, the date the | |
| 508 | + | 8 reasonable accommodation or accommodations became | |
| 509 | + | 9 medically advisable, and the probable duration of the | |
| 510 | + | 10 reasonable accommodation or accommodations. It is the | |
| 511 | + | 11 duty of the individual seeking a reasonable | |
| 512 | + | 12 accommodation or accommodations to submit to the | |
| 513 | + | 13 employer any documentation that is requested in | |
| 514 | + | 14 accordance with this paragraph. Notwithstanding the | |
| 515 | + | 15 provisions of this paragraph, the employer may require | |
| 516 | + | 16 documentation by the employee's health care provider | |
| 517 | + | 17 to determine compliance with other laws. The employee | |
| 518 | + | 18 and employer shall engage in a timely, good faith, and | |
| 519 | + | 19 meaningful exchange to determine effective reasonable | |
| 520 | + | 20 accommodations. | |
| 521 | + | 21 (2) For an employer to deny employment | |
| 522 | + | 22 opportunities or benefits to or take adverse action | |
| 523 | + | 23 against an otherwise qualified job applicant or | |
| 524 | + | 24 employee, including a part-time, full-time, or | |
| 525 | + | 25 probationary employee, if the denial or adverse action | |
| 526 | + | 26 is based on the need of the employer to make reasonable | |
| 527 | + | ||
| 528 | + | ||
| 529 | + | ||
| 530 | + | ||
| 531 | + | ||
| 532 | + | HB3773 Enrolled - 15 - LRB103 27562 SPS 53938 b | |
| 533 | + | ||
| 534 | + | ||
| 535 | + | HB3773 Enrolled- 16 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 16 - LRB103 27562 SPS 53938 b | |
| 536 | + | HB3773 Enrolled - 16 - LRB103 27562 SPS 53938 b | |
| 537 | + | 1 accommodations to the known medical or common | |
| 538 | + | 2 conditions related to the pregnancy or childbirth of | |
| 539 | + | 3 the applicant or employee. | |
| 540 | + | 4 (3) For an employer to require a job applicant or | |
| 541 | + | 5 employee, including a part-time, full-time, or | |
| 542 | + | 6 probationary employee, affected by pregnancy, | |
| 543 | + | 7 childbirth, or medical or common conditions related to | |
| 544 | + | 8 pregnancy or childbirth to accept an accommodation | |
| 545 | + | 9 when the applicant or employee did not request an | |
| 546 | + | 10 accommodation and the applicant or employee chooses | |
| 547 | + | 11 not to accept the employer's accommodation. | |
| 548 | + | 12 (4) For an employer to require an employee, | |
| 549 | + | 13 including a part-time, full-time, or probationary | |
| 550 | + | 14 employee, to take leave under any leave law or policy | |
| 551 | + | 15 of the employer if another reasonable accommodation | |
| 552 | + | 16 can be provided to the known medical or common | |
| 553 | + | 17 conditions related to the pregnancy or childbirth of | |
| 554 | + | 18 an employee. No employer shall fail or refuse to | |
| 555 | + | 19 reinstate the employee affected by pregnancy, | |
| 556 | + | 20 childbirth, or medical or common conditions related to | |
| 557 | + | 21 pregnancy or childbirth to her original job or to an | |
| 558 | + | 22 equivalent position with equivalent pay and | |
| 559 | + | 23 accumulated seniority, retirement, fringe benefits, | |
| 560 | + | 24 and other applicable service credits upon her | |
| 561 | + | 25 signifying her intent to return or when her need for | |
| 562 | + | 26 reasonable accommodation ceases, unless the employer | |
| 563 | + | ||
| 564 | + | ||
| 565 | + | ||
| 566 | + | ||
| 567 | + | ||
| 568 | + | HB3773 Enrolled - 16 - LRB103 27562 SPS 53938 b | |
| 569 | + | ||
| 570 | + | ||
| 571 | + | HB3773 Enrolled- 17 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 17 - LRB103 27562 SPS 53938 b | |
| 572 | + | HB3773 Enrolled - 17 - LRB103 27562 SPS 53938 b | |
| 573 | + | 1 can demonstrate that the accommodation would impose an | |
| 574 | + | 2 undue hardship on the ordinary operation of the | |
| 575 | + | 3 business of the employer. | |
| 576 | + | 4 For the purposes of this subdivision (J), "reasonable | |
| 577 | + | 5 accommodations" means reasonable modifications or | |
| 578 | + | 6 adjustments to the job application process or work | |
| 579 | + | 7 environment, or to the manner or circumstances under which | |
| 580 | + | 8 the position desired or held is customarily performed, | |
| 581 | + | 9 that enable an applicant or employee affected by | |
| 582 | + | 10 pregnancy, childbirth, or medical or common conditions | |
| 583 | + | 11 related to pregnancy or childbirth to be considered for | |
| 584 | + | 12 the position the applicant desires or to perform the | |
| 585 | + | 13 essential functions of that position, and may include, but | |
| 586 | + | 14 is not limited to: more frequent or longer bathroom | |
| 587 | + | 15 breaks, breaks for increased water intake, and breaks for | |
| 588 | + | 16 periodic rest; private non-bathroom space for expressing | |
| 589 | + | 17 breast milk and breastfeeding; seating; assistance with | |
| 590 | + | 18 manual labor; light duty; temporary transfer to a less | |
| 591 | + | 19 strenuous or hazardous position; the provision of an | |
| 592 | + | 20 accessible worksite; acquisition or modification of | |
| 593 | + | 21 equipment; job restructuring; a part-time or modified work | |
| 594 | + | 22 schedule; appropriate adjustment or modifications of | |
| 595 | + | 23 examinations, training materials, or policies; | |
| 596 | + | 24 reassignment to a vacant position; time off to recover | |
| 597 | + | 25 from conditions related to childbirth; and leave | |
| 598 | + | 26 necessitated by pregnancy, childbirth, or medical or | |
| 599 | + | ||
| 600 | + | ||
| 601 | + | ||
| 602 | + | ||
| 603 | + | ||
| 604 | + | HB3773 Enrolled - 17 - LRB103 27562 SPS 53938 b | |
| 605 | + | ||
| 606 | + | ||
| 607 | + | HB3773 Enrolled- 18 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 18 - LRB103 27562 SPS 53938 b | |
| 608 | + | HB3773 Enrolled - 18 - LRB103 27562 SPS 53938 b | |
| 609 | + | 1 common conditions resulting from pregnancy or childbirth. | |
| 610 | + | 2 For the purposes of this subdivision (J), "undue | |
| 611 | + | 3 hardship" means an action that is prohibitively expensive | |
| 612 | + | 4 or disruptive when considered in light of the following | |
| 613 | + | 5 factors: (i) the nature and cost of the accommodation | |
| 614 | + | 6 needed; (ii) the overall financial resources of the | |
| 615 | + | 7 facility or facilities involved in the provision of the | |
| 616 | + | 8 reasonable accommodation, the number of persons employed | |
| 617 | + | 9 at the facility, the effect on expenses and resources, or | |
| 618 | + | 10 the impact otherwise of the accommodation upon the | |
| 619 | + | 11 operation of the facility; (iii) the overall financial | |
| 620 | + | 12 resources of the employer, the overall size of the | |
| 621 | + | 13 business of the employer with respect to the number of its | |
| 622 | + | 14 employees, and the number, type, and location of its | |
| 623 | + | 15 facilities; and (iv) the type of operation or operations | |
| 624 | + | 16 of the employer, including the composition, structure, and | |
| 625 | + | 17 functions of the workforce of the employer, the geographic | |
| 626 | + | 18 separateness, administrative, or fiscal relationship of | |
| 627 | + | 19 the facility or facilities in question to the employer. | |
| 628 | + | 20 The employer has the burden of proving undue hardship. The | |
| 629 | + | 21 fact that the employer provides or would be required to | |
| 630 | + | 22 provide a similar accommodation to similarly situated | |
| 631 | + | 23 employees creates a rebuttable presumption that the | |
| 632 | + | 24 accommodation does not impose an undue hardship on the | |
| 633 | + | 25 employer. | |
| 634 | + | 26 No employer is required by this subdivision (J) to | |
| 635 | + | ||
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
| 639 | + | ||
| 640 | + | HB3773 Enrolled - 18 - LRB103 27562 SPS 53938 b | |
| 641 | + | ||
| 642 | + | ||
| 643 | + | HB3773 Enrolled- 19 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 19 - LRB103 27562 SPS 53938 b | |
| 644 | + | HB3773 Enrolled - 19 - LRB103 27562 SPS 53938 b | |
| 645 | + | 1 create additional employment that the employer would not | |
| 646 | + | 2 otherwise have created, unless the employer does so or | |
| 647 | + | 3 would do so for other classes of employees who need | |
| 648 | + | 4 accommodation. The employer is not required to discharge | |
| 649 | + | 5 any employee, transfer any employee with more seniority, | |
| 650 | + | 6 or promote any employee who is not qualified to perform | |
| 651 | + | 7 the job, unless the employer does so or would do so to | |
| 652 | + | 8 accommodate other classes of employees who need it. | |
| 653 | + | 9 (K) Notice. | |
| 654 | + | 10 (1) For an employer to fail to post or keep posted | |
| 655 | + | 11 in a conspicuous location on the premises of the | |
| 656 | + | 12 employer where notices to employees are customarily | |
| 657 | + | 13 posted, or fail to include in any employee handbook | |
| 658 | + | 14 information concerning an employee's rights under this | |
| 659 | + | 15 Article, a notice, to be prepared or approved by the | |
| 660 | + | 16 Department, summarizing the requirements of this | |
| 661 | + | 17 Article and information pertaining to the filing of a | |
| 662 | + | 18 charge, including the right to be free from unlawful | |
| 663 | + | 19 discrimination, the right to be free from sexual | |
| 664 | + | 20 harassment, and the right to certain reasonable | |
| 665 | + | 21 accommodations. The Department shall make the | |
| 666 | + | 22 documents required under this paragraph available for | |
| 667 | + | 23 retrieval from the Department's website. | |
| 668 | + | 24 (2) Upon notification of a violation of paragraph | |
| 669 | + | 25 (1) of this subdivision (K), the Department may launch | |
| 670 | + | 26 a preliminary investigation. If the Department finds a | |
| 671 | + | ||
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
| 675 | + | ||
| 676 | + | HB3773 Enrolled - 19 - LRB103 27562 SPS 53938 b | |
| 677 | + | ||
| 678 | + | ||
| 679 | + | HB3773 Enrolled- 20 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 20 - LRB103 27562 SPS 53938 b | |
| 680 | + | HB3773 Enrolled - 20 - LRB103 27562 SPS 53938 b | |
| 681 | + | 1 violation, the Department may issue a notice to show | |
| 682 | + | 2 cause giving the employer 30 days to correct the | |
| 683 | + | 3 violation. If the violation is not corrected, the | |
| 684 | + | 4 Department may initiate a charge of a civil rights | |
| 685 | + | 5 violation. | |
| 686 | + | 6 (L) Use of artificial intelligence. | |
| 687 | + | 7 (1) With respect to recruitment, hiring, | |
| 688 | + | 8 promotion, renewal of employment, selection for | |
| 689 | + | 9 training or apprenticeship, discharge, discipline, | |
| 690 | + | 10 tenure, or the terms, privileges, or conditions of | |
| 691 | + | 11 employment, for an employer to use artificial | |
| 692 | + | 12 intelligence that has the effect of subjecting | |
| 693 | + | 13 employees to discrimination on the basis of protected | |
| 694 | + | 14 classes under this Article or to use zip codes as a | |
| 695 | + | 15 proxy for protected classes under this Article. | |
| 696 | + | 16 (2) For an employer to fail to provide notice to an | |
| 697 | + | 17 employee that the employer is using artificial | |
| 698 | + | 18 intelligence for the purposes described in paragraph | |
| 699 | + | 19 (1). | |
| 700 | + | 20 The Department shall adopt any rules necessary for the | |
| 701 | + | 21 implementation and enforcement of this subdivision, | |
| 702 | + | 22 including, but not limited to, rules on the circumstances | |
| 703 | + | 23 and conditions that require notice, the time period for | |
| 704 | + | 24 providing notice, and the means for providing notice. | |
| 705 | + | 25 (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) | |
| 706 | + | 26 Section 99. Effective date. This Act takes effect January | |
| 707 | + | ||
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | HB3773 Enrolled - 20 - LRB103 27562 SPS 53938 b | |
| 713 | + | ||
| 714 | + | ||
| 715 | + | HB3773 Enrolled- 21 -LRB103 27562 SPS 53938 b HB3773 Enrolled - 21 - LRB103 27562 SPS 53938 b | |
| 716 | + | HB3773 Enrolled - 21 - LRB103 27562 SPS 53938 b | |
| 717 | + | ||
| 718 | + | ||
| 719 | + | ||
| 720 | + | ||
| 721 | + | ||
| 722 | + | HB3773 Enrolled - 21 - LRB103 27562 SPS 53938 b |