Public Act 103-0804
HB3773 EnrolledLRB103 27562 SPS 53938 b HB3773 Enrolled LRB103 27562 SPS 53938 b
HB3773 Enrolled LRB103 27562 SPS 53938 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 2-101 and 2-102 as follows:
(775 ILCS 5/2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of
this Act, "employee" also includes an unpaid intern. An
unpaid intern is a person who performs work for an
employer under the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
HB3773 Enrolled LRB103 27562 SPS 53938 b
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;
(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing one or more employees
within Illinois during 20 or more calendar weeks
within the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees
when a complainant alleges civil rights violation due
to unlawful discrimination based upon his or her
physical or mental disability unrelated to ability,
pregnancy, or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any place of worship,
religious corporation, association, educational
institution, society, or non-profit nursing institution
conducted by and for those who rely upon treatment by
prayer through spiritual means in accordance with the
tenets of a recognized church or religious denomination
with respect to the employment of individuals of a
particular religion to perform work connected with the
carrying on by such place of worship, corporation,
association, educational institution, society or
non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer
or place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of
the rights of union labor which is constituted for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications
for apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct
on the basis of an individual's actual or perceived race,
color, religion, national origin, ancestry, age, sex, marital
status, order of protection status, disability, military
status, sexual orientation, pregnancy, unfavorable discharge
from military service, citizenship status, or work
authorization status that has the purpose or effect of
substantially interfering with the individual's work
performance or creating an intimidating, hostile, or offensive
working environment. For purposes of this definition, the
phrase "working environment" is not limited to a physical
location an employee is assigned to perform his or her duties.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee
of the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the
Department's regulations. The provisions of this Article
relating to eligible bidders apply only to bids on contracts
with the State and its departments, agencies, boards, and
commissions, and the provisions do not apply to bids on
contracts with units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is lawfully present and who is protected
from discrimination under the provisions of Section 1324b
of Title 8 of the United States Code, as now or hereafter
amended.
(L) Work Authorization Status. "Work authorization status"
means the status of being a person born outside of the United
States, and not a U.S. citizen, who is authorized by the
federal government to work in the United States.
(M) Artificial Intelligence. "Artificial intelligence"
means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to
generate outputs such as predictions, content,
recommendations, or decisions that can influence physical or
virtual environments. "Artificial intelligence" includes
generative artificial intelligence.
(N) Generative Artificial Intelligence. "Generative
artificial intelligence" means an automated computing system
that, when prompted with human prompts, descriptions, or
queries, can produce outputs that simulate human-produced
content, including, but not limited to, the following: (1)
textual outputs, such as short answers, essays, poetry, or
longer compositions or answers; (2) image outputs, such as
fine art, photographs, conceptual art, diagrams, and other
images; (3) multimedia outputs, such as audio or video in the
form of compositions, songs, or short-form or long-form audio
or video; and (4) other content that would be otherwise
produced by human means.
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
5-27-22.)
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil rights violations - employment. It is a
civil rights violation:
(A) Employers. For any employer to refuse to hire, to
segregate, to engage in harassment as defined in
subsection (E-1) of Section 2-101, or to act with respect
to recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions of
employment on the basis of unlawful discrimination,
citizenship status, or work authorization status. An
employer is responsible for harassment by the employer's
nonmanagerial and nonsupervisory employees only if the
employer becomes aware of the conduct and fails to take
reasonable corrective measures.
(A-5) Language. For an employer to impose a
restriction that has the effect of prohibiting a language
from being spoken by an employee in communications that
are unrelated to the employee's duties.
For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish,
or Chinese. "Language" does not include such things as
slang, jargon, profanity, or vulgarity.
(A-10) Harassment of nonemployees. For any employer,
employment agency, or labor organization to engage in
harassment of nonemployees in the workplace. An employer
is responsible for harassment of nonemployees by the
employer's nonmanagerial and nonsupervisory employees only
if the employer becomes aware of the conduct and fails to
take reasonable corrective measures. For the purposes of
this subdivision (A-10), "nonemployee" means a person who
is not otherwise an employee of the employer and is
directly performing services for the employer pursuant to
a contract with that employer. "Nonemployee" includes
contractors and consultants. This subdivision applies to
harassment occurring on or after the effective date of
this amendatory Act of the 101st General Assembly.
(B) Employment agency. For any employment agency to
fail or refuse to classify properly, accept applications
and register for employment referral or apprenticeship
referral, refer for employment, or refer for
apprenticeship on the basis of unlawful discrimination,
citizenship status, or work authorization status or to
accept from any person any job order, requisition or
request for referral of applicants for employment or
apprenticeship which makes or has the effect of making
unlawful discrimination or discrimination on the basis of
citizenship status or work authorization status a
condition of referral.
(C) Labor organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to
take, or fail to take, any action which affects adversely
any person's status as an employee or as an applicant for
employment or as an apprentice, or as an applicant for
apprenticeships, or wages, tenure, hours of employment or
apprenticeship conditions on the basis of unlawful
discrimination, citizenship status, or work authorization
status.
(D) Sexual harassment. For any employer, employee,
agent of any employer, employment agency or labor
organization to engage in sexual harassment; provided,
that an employer shall be responsible for sexual
harassment of the employer's employees by nonemployees or
nonmanagerial and nonsupervisory employees only if the
employer becomes aware of the conduct and fails to take
reasonable corrective measures.
(D-5) Sexual harassment of nonemployees. For any
employer, employee, agent of any employer, employment
agency, or labor organization to engage in sexual
harassment of nonemployees in the workplace. An employer
is responsible for sexual harassment of nonemployees by
the employer's nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and
fails to take reasonable corrective measures. For the
purposes of this subdivision (D-5), "nonemployee" means a
person who is not otherwise an employee of the employer
and is directly performing services for the employer
pursuant to a contract with that employer. "Nonemployee"
includes contractors and consultants. This subdivision
applies to sexual harassment occurring on or after the
effective date of this amendatory Act of the 101st General
Assembly.
(E) Public employers. For any public employer to
refuse to permit a public employee under its jurisdiction
who takes time off from work in order to practice his or
her religious beliefs to engage in work, during hours
other than such employee's regular working hours,
consistent with the operational needs of the employer and
in order to compensate for work time lost for such
religious reasons. Any employee who elects such deferred
work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work
period. The employer may require that an employee who
plans to take time off from work in order to practice his
or her religious beliefs provide the employer with a
notice of his or her intention to be absent from work not
exceeding 5 days prior to the date of absence.
(E-5) Religious discrimination. For any employer to
impose upon a person as a condition of obtaining or
retaining employment, including opportunities for
promotion, advancement, or transfer, any terms or
conditions that would require such person to violate or
forgo a sincerely held practice of his or her religion
including, but not limited to, the wearing of any attire,
clothing, or facial hair in accordance with the
requirements of his or her religion, unless, after
engaging in a bona fide effort, the employer demonstrates
that it is unable to reasonably accommodate the employee's
or prospective employee's sincerely held religious belief,
practice, or observance without undue hardship on the
conduct of the employer's business.
Nothing in this Section prohibits an employer from
enacting a dress code or grooming policy that may include
restrictions on attire, clothing, or facial hair to
maintain workplace safety or food sanitation.
(F) Training and apprenticeship programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
(G) Immigration-related practices.
(1) for an employer to request for purposes of
satisfying the requirements of Section 1324a(b) of
Title 8 of the United States Code, as now or hereafter
amended, more or different documents than are required
under such Section or to refuse to honor documents
tendered that on their face reasonably appear to be
genuine or to refuse to honor work authorization based
upon the specific status or term of status that
accompanies the authorization to work; or
(2) for an employer participating in the E-Verify
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
Programs for Employment Eligibility Confirmation
(enacted by PL 104-208, div. C title IV, subtitle A) to
refuse to hire, to segregate, or to act with respect to
recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions
of employment without following the procedures under
the E-Verify Program.
(H) (Blank).
(I) Pregnancy. For an employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training
or apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth. Women affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth shall be treated the
same for all employment-related purposes, including
receipt of benefits under fringe benefit programs, as
other persons not so affected but similar in their ability
or inability to work, regardless of the source of the
inability to work or employment classification or status.
(J) Pregnancy; reasonable accommodations.
(1) If after a job applicant or employee,
including a part-time, full-time, or probationary
employee, requests a reasonable accommodation, for an
employer to not make reasonable accommodations for any
medical or common condition of a job applicant or
employee related to pregnancy or childbirth, unless
the employer can demonstrate that the accommodation
would impose an undue hardship on the ordinary
operation of the business of the employer. The
employer may request documentation from the employee's
health care provider concerning the need for the
requested reasonable accommodation or accommodations
to the same extent documentation is requested for
conditions related to disability if the employer's
request for documentation is job-related and
consistent with business necessity. The employer may
require only the medical justification for the
requested accommodation or accommodations, a
description of the reasonable accommodation or
accommodations medically advisable, the date the
reasonable accommodation or accommodations became
medically advisable, and the probable duration of the
reasonable accommodation or accommodations. It is the
duty of the individual seeking a reasonable
accommodation or accommodations to submit to the
employer any documentation that is requested in
accordance with this paragraph. Notwithstanding the
provisions of this paragraph, the employer may require
documentation by the employee's health care provider
to determine compliance with other laws. The employee
and employer shall engage in a timely, good faith, and
meaningful exchange to determine effective reasonable
accommodations.
(2) For an employer to deny employment
opportunities or benefits to or take adverse action
against an otherwise qualified job applicant or
employee, including a part-time, full-time, or
probationary employee, if the denial or adverse action
is based on the need of the employer to make reasonable
accommodations to the known medical or common
conditions related to the pregnancy or childbirth of
the applicant or employee.
(3) For an employer to require a job applicant or
employee, including a part-time, full-time, or
probationary employee, affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to accept an accommodation
when the applicant or employee did not request an
accommodation and the applicant or employee chooses
not to accept the employer's accommodation.
(4) For an employer to require an employee,
including a part-time, full-time, or probationary
employee, to take leave under any leave law or policy
of the employer if another reasonable accommodation
can be provided to the known medical or common
conditions related to the pregnancy or childbirth of
an employee. No employer shall fail or refuse to
reinstate the employee affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to her original job or to an
equivalent position with equivalent pay and
accumulated seniority, retirement, fringe benefits,
and other applicable service credits upon her
signifying her intent to return or when her need for
reasonable accommodation ceases, unless the employer
can demonstrate that the accommodation would impose an
undue hardship on the ordinary operation of the
business of the employer.
For the purposes of this subdivision (J), "reasonable
accommodations" means reasonable modifications or
adjustments to the job application process or work
environment, or to the manner or circumstances under which
the position desired or held is customarily performed,
that enable an applicant or employee affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth to be considered for
the position the applicant desires or to perform the
essential functions of that position, and may include, but
is not limited to: more frequent or longer bathroom
breaks, breaks for increased water intake, and breaks for
periodic rest; private non-bathroom space for expressing
breast milk and breastfeeding; seating; assistance with
manual labor; light duty; temporary transfer to a less
strenuous or hazardous position; the provision of an
accessible worksite; acquisition or modification of
equipment; job restructuring; a part-time or modified work
schedule; appropriate adjustment or modifications of
examinations, training materials, or policies;
reassignment to a vacant position; time off to recover
from conditions related to childbirth; and leave
necessitated by pregnancy, childbirth, or medical or
common conditions resulting from pregnancy or childbirth.
For the purposes of this subdivision (J), "undue
hardship" means an action that is prohibitively expensive
or disruptive when considered in light of the following
factors: (i) the nature and cost of the accommodation
needed; (ii) the overall financial resources of the
facility or facilities involved in the provision of the
reasonable accommodation, the number of persons employed
at the facility, the effect on expenses and resources, or
the impact otherwise of the accommodation upon the
operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the
business of the employer with respect to the number of its
employees, and the number, type, and location of its
facilities; and (iv) the type of operation or operations
of the employer, including the composition, structure, and
functions of the workforce of the employer, the geographic
separateness, administrative, or fiscal relationship of
the facility or facilities in question to the employer.
The employer has the burden of proving undue hardship. The
fact that the employer provides or would be required to
provide a similar accommodation to similarly situated
employees creates a rebuttable presumption that the
accommodation does not impose an undue hardship on the
employer.
No employer is required by this subdivision (J) to
create additional employment that the employer would not
otherwise have created, unless the employer does so or
would do so for other classes of employees who need
accommodation. The employer is not required to discharge
any employee, transfer any employee with more seniority,
or promote any employee who is not qualified to perform
the job, unless the employer does so or would do so to
accommodate other classes of employees who need it.
(K) Notice.
(1) For an employer to fail to post or keep posted
in a conspicuous location on the premises of the
employer where notices to employees are customarily
posted, or fail to include in any employee handbook
information concerning an employee's rights under this
Article, a notice, to be prepared or approved by the
Department, summarizing the requirements of this
Article and information pertaining to the filing of a
charge, including the right to be free from unlawful
discrimination, the right to be free from sexual
harassment, and the right to certain reasonable
accommodations. The Department shall make the
documents required under this paragraph available for
retrieval from the Department's website.
(2) Upon notification of a violation of paragraph
(1) of this subdivision (K), the Department may launch
a preliminary investigation. If the Department finds a
violation, the Department may issue a notice to show
cause giving the employer 30 days to correct the
violation. If the violation is not corrected, the
Department may initiate a charge of a civil rights
violation.
(L) Use of artificial intelligence.
(1) With respect to recruitment, hiring,
promotion, renewal of employment, selection for
training or apprenticeship, discharge, discipline,
tenure, or the terms, privileges, or conditions of
employment, for an employer to use artificial
intelligence that has the effect of subjecting
employees to discrimination on the basis of protected
classes under this Article or to use zip codes as a
proxy for protected classes under this Article.
(2) For an employer to fail to provide notice to an
employee that the employer is using artificial
intelligence for the purposes described in paragraph
(1).
The Department shall adopt any rules necessary for the
implementation and enforcement of this subdivision,
including, but not limited to, rules on the circumstances
and conditions that require notice, the time period for
providing notice, and the means for providing notice.
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)