Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2419 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2419 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-101775 ILCS 5/2-102 Amends the Human Rights Act. Adds to the definition of "harassment" in the Employment Article to include "reproductive health decisions" that is covered under the Act. Provides that an employer is responsible for harassment and sexual harassment of the employer's employees by the employer's nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Provides that a "third party" includes, but is not limited to, customers, clients, vendors, or other visitors. LRB104 11063 JRC 21145 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2419 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-101775 ILCS 5/2-102 775 ILCS 5/2-101 775 ILCS 5/2-102 Amends the Human Rights Act. Adds to the definition of "harassment" in the Employment Article to include "reproductive health decisions" that is covered under the Act. Provides that an employer is responsible for harassment and sexual harassment of the employer's employees by the employer's nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Provides that a "third party" includes, but is not limited to, customers, clients, vendors, or other visitors. LRB104 11063 JRC 21145 b LRB104 11063 JRC 21145 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2419 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3	3	775 ILCS 5/2-101775 ILCS 5/2-102 775 ILCS 5/2-101 775 ILCS 5/2-102
4	4	775 ILCS 5/2-101
5	5	775 ILCS 5/2-102
6	6	Amends the Human Rights Act. Adds to the definition of "harassment" in the Employment Article to include "reproductive health decisions" that is covered under the Act. Provides that an employer is responsible for harassment and sexual harassment of the employer's employees by the employer's nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Provides that a "third party" includes, but is not limited to, customers, clients, vendors, or other visitors.
7	7	LRB104 11063 JRC 21145 b LRB104 11063 JRC 21145 b
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9	9	A BILL FOR
10	10	SB2419LRB104 11063 JRC 21145 b SB2419 LRB104 11063 JRC 21145 b
11	11	SB2419 LRB104 11063 JRC 21145 b
12	12	1 AN ACT concerning human rights.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Human Rights Act is amended by
16	16	5 changing Sections 2-101 and 2-102 as follows:
17	17	6 (775 ILCS 5/2-101)
18	18	7 (Text of Section before amendment by P.A. 103-804)
19	19	8 Sec. 2-101. Definitions. The following definitions are
20	20	9 applicable strictly in the context of this Article.
21	21	10 (A) Employee.
22	22	11 (1) "Employee" includes:
23	23	12 (a) Any individual performing services for
24	24	13 remuneration within this State for an employer;
25	25	14 (b) An apprentice;
26	26	15 (c) An applicant for any apprenticeship.
27	27	16 For purposes of subsection (D) of Section 2-102 of
28	28	17 this Act, "employee" also includes an unpaid intern. An
29	29	18 unpaid intern is a person who performs work for an
30	30	19 employer under the following circumstances:
31	31	20 (i) the employer is not committed to hiring the
32	32	21 person performing the work at the conclusion of the
33	33	22 intern's tenure;
34	34	23 (ii) the employer and the person performing the
35	35
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2419 Introduced 2/7/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
39	39	775 ILCS 5/2-101775 ILCS 5/2-102 775 ILCS 5/2-101 775 ILCS 5/2-102
40	40	775 ILCS 5/2-101
41	41	775 ILCS 5/2-102
42	42	Amends the Human Rights Act. Adds to the definition of "harassment" in the Employment Article to include "reproductive health decisions" that is covered under the Act. Provides that an employer is responsible for harassment and sexual harassment of the employer's employees by the employer's nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Provides that a "third party" includes, but is not limited to, customers, clients, vendors, or other visitors.
43	43	LRB104 11063 JRC 21145 b LRB104 11063 JRC 21145 b
44	44	LRB104 11063 JRC 21145 b
45	45	A BILL FOR
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51	51	775 ILCS 5/2-101
52	52	775 ILCS 5/2-102
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71	71	1 work agree that the person is not entitled to wages for
72	72	2 the work performed; and
73	73	3 (iii) the work performed:
74	74	4 (I) supplements training given in an
75	75	5 educational environment that may enhance the
76	76	6 employability of the intern;
77	77	7 (II) provides experience for the benefit of
78	78	8 the person performing the work;
79	79	9 (III) does not displace regular employees;
80	80	10 (IV) is performed under the close supervision
81	81	11 of existing staff; and
82	82	12 (V) provides no immediate advantage to the
83	83	13 employer providing the training and may
84	84	14 occasionally impede the operations of the
85	85	15 employer.
86	86	16 (2) "Employee" does not include:
87	87	17 (a) (Blank);
88	88	18 (b) Individuals employed by persons who are not
89	89	19 "employers" as defined by this Act;
90	90	20 (c) Elected public officials or the members of
91	91	21 their immediate personal staffs;
92	92	22 (d) Principal administrative officers of the State
93	93	23 or of any political subdivision, municipal corporation
94	94	24 or other governmental unit or agency;
95	95	25 (e) A person in a vocational rehabilitation
96	96	26 facility certified under federal law who has been
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107	107	1 designated an evaluee, trainee, or work activity
108	108	2 client.
109	109	3 (B) Employer.
110	110	4 (1) "Employer" includes:
111	111	5 (a) Any person employing one or more employees
112	112	6 within Illinois during 20 or more calendar weeks
113	113	7 within the calendar year of or preceding the alleged
114	114	8 violation;
115	115	9 (b) Any person employing one or more employees
116	116	10 when a complainant alleges civil rights violation due
117	117	11 to unlawful discrimination based upon his or her
118	118	12 physical or mental disability unrelated to ability,
119	119	13 pregnancy, or sexual harassment;
120	120	14 (c) The State and any political subdivision,
121	121	15 municipal corporation or other governmental unit or
122	122	16 agency, without regard to the number of employees;
123	123	17 (d) Any party to a public contract without regard
124	124	18 to the number of employees;
125	125	19 (e) A joint apprenticeship or training committee
126	126	20 without regard to the number of employees.
127	127	21 (2) "Employer" does not include any place of worship,
128	128	22 religious corporation, association, educational
129	129	23 institution, society, or nonprofit non-profit nursing
130	130	24 institution conducted by and for those who rely upon
131	131	25 treatment by prayer through spiritual means in accordance
132	132	26 with the tenets of a recognized church or religious
133	133
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143	143	1 denomination with respect to the employment of individuals
144	144	2 of a particular religion to perform work connected with
145	145	3 the carrying on by such place of worship, corporation,
146	146	4 association, educational institution, society, or
147	147	5 nonprofit non-profit nursing institution of its
148	148	6 activities.
149	149	7 (C) Employment Agency. "Employment Agency" includes both
150	150	8 public and private employment agencies and any person, labor
151	151	9 organization, or labor union having a hiring hall or hiring
152	152	10 office regularly undertaking, with or without compensation, to
153	153	11 procure opportunities to work, or to procure, recruit, refer,
154	154	12 or place employees.
155	155	13 (D) Labor Organization. "Labor Organization" includes any
156	156	14 organization, labor union, craft union, or any voluntary
157	157	15 unincorporated association designed to further the cause of
158	158	16 the rights of union labor which is constituted for the
159	159	17 purpose, in whole or in part, of collective bargaining or of
160	160	18 dealing with employers concerning grievances, terms or
161	161	19 conditions of employment, or apprenticeships or applications
162	162	20 for apprenticeships, or of other mutual aid or protection in
163	163	21 connection with employment, including apprenticeships or
164	164	22 applications for apprenticeships.
165	165	23 (E) Sexual Harassment. "Sexual harassment" means any
166	166	24 unwelcome sexual advances or requests for sexual favors or any
167	167	25 conduct of a sexual nature when (1) submission to such conduct
168	168	26 is made either explicitly or implicitly a term or condition of
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179	179	1 an individual's employment, (2) submission to or rejection of
180	180	2 such conduct by an individual is used as the basis for
181	181	3 employment decisions affecting such individual, or (3) such
182	182	4 conduct has the purpose or effect of substantially interfering
183	183	5 with an individual's work performance or creating an
184	184	6 intimidating, hostile, or offensive working environment.
185	185	7 For purposes of this definition, the phrase "working
186	186	8 environment" is not limited to a physical location an employee
187	187	9 is assigned to perform his or her duties.
188	188	10 (E-1) Harassment. "Harassment" means any unwelcome conduct
189	189	11 on the basis of an individual's actual or perceived race,
190	190	12 color, religion, national origin, ancestry, age, sex, marital
191	191	13 status, order of protection status, disability, military
192	192	14 status, sexual orientation, pregnancy, reproductive health
193	193	15 decisions, unfavorable discharge from military service,
194	194	16 citizenship status, work authorization status, or family
195	195	17 responsibilities that has the purpose or effect of
196	196	18 substantially interfering with the individual's work
197	197	19 performance or creating an intimidating, hostile, or offensive
198	198	20 working environment. For purposes of this definition, the
199	199	21 phrase "working environment" is not limited to a physical
200	200	22 location an employee is assigned to perform his or her duties.
201	201	23 (F) Religion. "Religion" with respect to employers
202	202	24 includes all aspects of religious observance and practice, as
203	203	25 well as belief, unless an employer demonstrates that he is
204	204	26 unable to reasonably accommodate an employee's or prospective
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215	215	1 employee's religious observance or practice without undue
216	216	2 hardship on the conduct of the employer's business.
217	217	3 (G) Public Employer. "Public employer" means the State, an
218	218	4 agency or department thereof, unit of local government, school
219	219	5 district, instrumentality or political subdivision.
220	220	6 (H) Public Employee. "Public employee" means an employee
221	221	7 of the State, agency or department thereof, unit of local
222	222	8 government, school district, instrumentality or political
223	223	9 subdivision. "Public employee" does not include public
224	224	10 officers or employees of the General Assembly or agencies
225	225	11 thereof.
226	226	12 (I) Public Officer. "Public officer" means a person who is
227	227	13 elected to office pursuant to the Constitution or a statute or
228	228	14 ordinance, or who is appointed to an office which is
229	229	15 established, and the qualifications and duties of which are
230	230	16 prescribed, by the Constitution or a statute or ordinance, to
231	231	17 discharge a public duty for the State, agency or department
232	232	18 thereof, unit of local government, school district,
233	233	19 instrumentality or political subdivision.
234	234	20 (J) Eligible Bidder. "Eligible bidder" means a person who,
235	235	21 prior to contract award or prior to bid opening for State
236	236	22 contracts for construction or construction-related services,
237	237	23 has filed with the Department a properly completed, sworn and
238	238	24 currently valid employer report form, pursuant to the
239	239	25 Department's regulations. The provisions of this Article
240	240	26 relating to eligible bidders apply only to bids on contracts
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243	243
244	244
245	245
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251	251	1 with the State and its departments, agencies, boards, and
252	252	2 commissions, and the provisions do not apply to bids on
253	253	3 contracts with units of local government or school districts.
254	254	4 (K) Citizenship Status. "Citizenship status" means the
255	255	5 status of being:
256	256	6 (1) a born U.S. citizen;
257	257	7 (2) a naturalized U.S. citizen;
258	258	8 (3) a U.S. national; or
259	259	9 (4) a person born outside the United States and not a
260	260	10 U.S. citizen who is lawfully present and who is protected
261	261	11 from discrimination under the provisions of Section 1324b
262	262	12 of Title 8 of the United States Code, as now or hereafter
263	263	13 amended.
264	264	14 (L) Work Authorization Status. "Work authorization status"
265	265	15 means the status of being a person born outside of the United
266	266	16 States, and not a U.S. citizen, who is authorized by the
267	267	17 federal government to work in the United States.
268	268	18 (M) Family Responsibilities. "Family responsibilities"
269	269	19 means an employee's actual or perceived provision of personal
270	270	20 care to a family member. As used in this definition:
271	271	21 (1) "Personal care" has the meaning given to that term
272	272	22 in the Employee Sick Leave Act.
273	273	23 (2) "Family member" has the meaning given to the term
274	274	24 "covered family member" in the Employee Sick Leave Act.
275	275	25 (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21;
276	276	26 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; revised
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287	287	1 10-7-24.)
288	288	2 (Text of Section after amendment by P.A. 103-804)
289	289	3 Sec. 2-101. Definitions. The following definitions are
290	290	4 applicable strictly in the context of this Article.
291	291	5 (A) Employee.
292	292	6 (1) "Employee" includes:
293	293	7 (a) Any individual performing services for
294	294	8 remuneration within this State for an employer;
295	295	9 (b) An apprentice;
296	296	10 (c) An applicant for any apprenticeship.
297	297	11 For purposes of subsection (D) of Section 2-102 of
298	298	12 this Act, "employee" also includes an unpaid intern. An
299	299	13 unpaid intern is a person who performs work for an
300	300	14 employer under the following circumstances:
301	301	15 (i) the employer is not committed to hiring the
302	302	16 person performing the work at the conclusion of the
303	303	17 intern's tenure;
304	304	18 (ii) the employer and the person performing the
305	305	19 work agree that the person is not entitled to wages for
306	306	20 the work performed; and
307	307	21 (iii) the work performed:
308	308	22 (I) supplements training given in an
309	309	23 educational environment that may enhance the
310	310	24 employability of the intern;
311	311	25 (II) provides experience for the benefit of
312	312
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322	322	1 the person performing the work;
323	323	2 (III) does not displace regular employees;
324	324	3 (IV) is performed under the close supervision
325	325	4 of existing staff; and
326	326	5 (V) provides no immediate advantage to the
327	327	6 employer providing the training and may
328	328	7 occasionally impede the operations of the
329	329	8 employer.
330	330	9 (2) "Employee" does not include:
331	331	10 (a) (Blank);
332	332	11 (b) Individuals employed by persons who are not
333	333	12 "employers" as defined by this Act;
334	334	13 (c) Elected public officials or the members of
335	335	14 their immediate personal staffs;
336	336	15 (d) Principal administrative officers of the State
337	337	16 or of any political subdivision, municipal corporation
338	338	17 or other governmental unit or agency;
339	339	18 (e) A person in a vocational rehabilitation
340	340	19 facility certified under federal law who has been
341	341	20 designated an evaluee, trainee, or work activity
342	342	21 client.
343	343	22 (B) Employer.
344	344	23 (1) "Employer" includes:
345	345	24 (a) Any person employing one or more employees
346	346	25 within Illinois during 20 or more calendar weeks
347	347	26 within the calendar year of or preceding the alleged
348	348
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358	358	1 violation;
359	359	2 (b) Any person employing one or more employees
360	360	3 when a complainant alleges civil rights violation due
361	361	4 to unlawful discrimination based upon his or her
362	362	5 physical or mental disability unrelated to ability,
363	363	6 pregnancy, or sexual harassment;
364	364	7 (c) The State and any political subdivision,
365	365	8 municipal corporation or other governmental unit or
366	366	9 agency, without regard to the number of employees;
367	367	10 (d) Any party to a public contract without regard
368	368	11 to the number of employees;
369	369	12 (e) A joint apprenticeship or training committee
370	370	13 without regard to the number of employees.
371	371	14 (2) "Employer" does not include any place of worship,
372	372	15 religious corporation, association, educational
373	373	16 institution, society, or nonprofit non-profit nursing
374	374	17 institution conducted by and for those who rely upon
375	375	18 treatment by prayer through spiritual means in accordance
376	376	19 with the tenets of a recognized church or religious
377	377	20 denomination with respect to the employment of individuals
378	378	21 of a particular religion to perform work connected with
379	379	22 the carrying on by such place of worship, corporation,
380	380	23 association, educational institution, society, or
381	381	24 nonprofit non-profit nursing institution of its
382	382	25 activities.
383	383	26 (C) Employment Agency. "Employment Agency" includes both
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394	394	1 public and private employment agencies and any person, labor
395	395	2 organization, or labor union having a hiring hall or hiring
396	396	3 office regularly undertaking, with or without compensation, to
397	397	4 procure opportunities to work, or to procure, recruit, refer,
398	398	5 or place employees.
399	399	6 (D) Labor Organization. "Labor Organization" includes any
400	400	7 organization, labor union, craft union, or any voluntary
401	401	8 unincorporated association designed to further the cause of
402	402	9 the rights of union labor which is constituted for the
403	403	10 purpose, in whole or in part, of collective bargaining or of
404	404	11 dealing with employers concerning grievances, terms or
405	405	12 conditions of employment, or apprenticeships or applications
406	406	13 for apprenticeships, or of other mutual aid or protection in
407	407	14 connection with employment, including apprenticeships or
408	408	15 applications for apprenticeships.
409	409	16 (E) Sexual Harassment. "Sexual harassment" means any
410	410	17 unwelcome sexual advances or requests for sexual favors or any
411	411	18 conduct of a sexual nature when (1) submission to such conduct
412	412	19 is made either explicitly or implicitly a term or condition of
413	413	20 an individual's employment, (2) submission to or rejection of
414	414	21 such conduct by an individual is used as the basis for
415	415	22 employment decisions affecting such individual, or (3) such
416	416	23 conduct has the purpose or effect of substantially interfering
417	417	24 with an individual's work performance or creating an
418	418	25 intimidating, hostile, or offensive working environment.
419	419	26 For purposes of this definition, the phrase "working
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430	430	1 environment" is not limited to a physical location an employee
431	431	2 is assigned to perform his or her duties.
432	432	3 (E-1) Harassment. "Harassment" means any unwelcome conduct
433	433	4 on the basis of an individual's actual or perceived race,
434	434	5 color, religion, national origin, ancestry, age, sex, marital
435	435	6 status, order of protection status, disability, military
436	436	7 status, sexual orientation, pregnancy, reproductive health
437	437	8 decisions, unfavorable discharge from military service,
438	438	9 citizenship status, work authorization status, or family
439	439	10 responsibilities that has the purpose or effect of
440	440	11 substantially interfering with the individual's work
441	441	12 performance or creating an intimidating, hostile, or offensive
442	442	13 working environment. For purposes of this definition, the
443	443	14 phrase "working environment" is not limited to a physical
444	444	15 location an employee is assigned to perform his or her duties.
445	445	16 (F) Religion. "Religion" with respect to employers
446	446	17 includes all aspects of religious observance and practice, as
447	447	18 well as belief, unless an employer demonstrates that he is
448	448	19 unable to reasonably accommodate an employee's or prospective
449	449	20 employee's religious observance or practice without undue
450	450	21 hardship on the conduct of the employer's business.
451	451	22 (G) Public Employer. "Public employer" means the State, an
452	452	23 agency or department thereof, unit of local government, school
453	453	24 district, instrumentality or political subdivision.
454	454	25 (H) Public Employee. "Public employee" means an employee
455	455	26 of the State, agency or department thereof, unit of local
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466	466	1 government, school district, instrumentality or political
467	467	2 subdivision. "Public employee" does not include public
468	468	3 officers or employees of the General Assembly or agencies
469	469	4 thereof.
470	470	5 (I) Public Officer. "Public officer" means a person who is
471	471	6 elected to office pursuant to the Constitution or a statute or
472	472	7 ordinance, or who is appointed to an office which is
473	473	8 established, and the qualifications and duties of which are
474	474	9 prescribed, by the Constitution or a statute or ordinance, to
475	475	10 discharge a public duty for the State, agency or department
476	476	11 thereof, unit of local government, school district,
477	477	12 instrumentality or political subdivision.
478	478	13 (J) Eligible Bidder. "Eligible bidder" means a person who,
479	479	14 prior to contract award or prior to bid opening for State
480	480	15 contracts for construction or construction-related services,
481	481	16 has filed with the Department a properly completed, sworn and
482	482	17 currently valid employer report form, pursuant to the
483	483	18 Department's regulations. The provisions of this Article
484	484	19 relating to eligible bidders apply only to bids on contracts
485	485	20 with the State and its departments, agencies, boards, and
486	486	21 commissions, and the provisions do not apply to bids on
487	487	22 contracts with units of local government or school districts.
488	488	23 (K) Citizenship Status. "Citizenship status" means the
489	489	24 status of being:
490	490	25 (1) a born U.S. citizen;
491	491	26 (2) a naturalized U.S. citizen;
492	492
493	493
494	494
495	495
496	496
497	497	SB2419 - 13 - LRB104 11063 JRC 21145 b
498	498
499	499
500	500	SB2419- 14 -LRB104 11063 JRC 21145 b SB2419 - 14 - LRB104 11063 JRC 21145 b
501	501	SB2419 - 14 - LRB104 11063 JRC 21145 b
502	502	1 (3) a U.S. national; or
503	503	2 (4) a person born outside the United States and not a
504	504	3 U.S. citizen who is lawfully present and who is protected
505	505	4 from discrimination under the provisions of Section 1324b
506	506	5 of Title 8 of the United States Code, as now or hereafter
507	507	6 amended.
508	508	7 (L) Work Authorization Status. "Work authorization status"
509	509	8 means the status of being a person born outside of the United
510	510	9 States, and not a U.S. citizen, who is authorized by the
511	511	10 federal government to work in the United States.
512	512	11 (M) Family Responsibilities. "Family responsibilities"
513	513	12 means an employee's actual or perceived provision of personal
514	514	13 care to a family member. As used in this definition:
515	515	14 (1) "Personal care" has the meaning given to that term
516	516	15 in the Employee Sick Leave Act.
517	517	16 (2) "Family member" has the meaning given to the term
518	518	17 "covered family member" in the Employee Sick Leave Act.
519	519	18 (N) (M) Artificial Intelligence. "Artificial intelligence"
520	520	19 means a machine-based system that, for explicit or implicit
521	521	20 objectives, infers, from the input it receives, how to
522	522	21 generate outputs such as predictions, content,
523	523	22 recommendations, or decisions that can influence physical or
524	524	23 virtual environments. "Artificial intelligence" includes
525	525	24 generative artificial intelligence.
526	526	25 (O) (N) Generative Artificial Intelligence. "Generative
527	527	26 artificial intelligence" means an automated computing system
528	528
529	529
530	530
531	531
532	532
533	533	SB2419 - 14 - LRB104 11063 JRC 21145 b
534	534
535	535
536	536	SB2419- 15 -LRB104 11063 JRC 21145 b SB2419 - 15 - LRB104 11063 JRC 21145 b
537	537	SB2419 - 15 - LRB104 11063 JRC 21145 b
538	538	1 that, when prompted with human prompts, descriptions, or
539	539	2 queries, can produce outputs that simulate human-produced
540	540	3 content, including, but not limited to, the following: (1)
541	541	4 textual outputs, such as short answers, essays, poetry, or
542	542	5 longer compositions or answers; (2) image outputs, such as
543	543	6 fine art, photographs, conceptual art, diagrams, and other
544	544	7 images; (3) multimedia outputs, such as audio or video in the
545	545	8 form of compositions, songs, or short-form or long-form audio
546	546	9 or video; and (4) other content that would be otherwise
547	547	10 produced by human means.
548	548	11 (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21;
549	549	12 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; 103-804, eff.
550	550	13 1-1-26; revised 11-26-24.)
551	551	14 (775 ILCS 5/2-102)
552	552	15 (Text of Section before amendment by P.A. 103-804)
553	553	16 Sec. 2-102. Civil rights violations; employment violations -
554	554	17 employment. It is a civil rights violation:
555	555	18 (A) Employers. For any employer to refuse to hire, to
556	556	19 segregate, to engage in harassment as defined in
557	557	20 subsection (E-1) of Section 2-101, or to act with respect
558	558	21 to recruitment, hiring, promotion, renewal of employment,
559	559	22 selection for training or apprenticeship, discharge,
560	560	23 discipline, tenure or terms, privileges or conditions of
561	561	24 employment on the basis of unlawful discrimination,
562	562	25 citizenship status, work authorization status, or family
563	563
564	564
565	565
566	566
567	567
568	568	SB2419 - 15 - LRB104 11063 JRC 21145 b
569	569
570	570
571	571	SB2419- 16 -LRB104 11063 JRC 21145 b SB2419 - 16 - LRB104 11063 JRC 21145 b
572	572	SB2419 - 16 - LRB104 11063 JRC 21145 b
573	573	1 responsibilities. An employer is responsible for
574	574	2 harassment of the employer's employees by the employer's
575	575	3 nonmanagerial and nonsupervisory employees, nonemployees
576	576	4 as defined in this Section, and third parties only if the
577	577	5 employer becomes aware of the conduct and fails to take
578	578	6 reasonable corrective measures. For purposes of this
579	579	7 Section, a third party includes, but is not limited to,
580	580	8 customers, clients, vendors, or other visitors.
581	581	9 (A-5) Language. For an employer to impose a
582	582	10 restriction that has the effect of prohibiting a language
583	583	11 from being spoken by an employee in communications that
584	584	12 are unrelated to the employee's duties.
585	585	13 For the purposes of this subdivision (A-5), "language"
586	586	14 means a person's native tongue, such as Polish, Spanish,
587	587	15 or Chinese. "Language" does not include such things as
588	588	16 slang, jargon, profanity, or vulgarity.
589	589	17 (A-10) Harassment of nonemployees. For any employer,
590	590	18 employment agency, or labor organization to engage in
591	591	19 harassment of nonemployees in the workplace. An employer
592	592	20 is responsible for harassment of nonemployees by the
593	593	21 employer's nonmanagerial and nonsupervisory employees only
594	594	22 if the employer becomes aware of the conduct and fails to
595	595	23 take reasonable corrective measures. For the purposes of
596	596	24 this subdivision (A-10), "nonemployee" means a person who
597	597	25 is not otherwise an employee of the employer and is
598	598	26 directly performing services for the employer pursuant to
599	599
600	600
601	601
602	602
603	603
604	604	SB2419 - 16 - LRB104 11063 JRC 21145 b
605	605
606	606
607	607	SB2419- 17 -LRB104 11063 JRC 21145 b SB2419 - 17 - LRB104 11063 JRC 21145 b
608	608	SB2419 - 17 - LRB104 11063 JRC 21145 b
609	609	1 a contract with that employer. "Nonemployee" includes
610	610	2 contractors and consultants. This subdivision applies to
611	611	3 harassment occurring on or after January 1, 2020 (the
612	612	4 effective date of Public Act 101-221) this amendatory Act
613	613	5 of the 101st General Assembly.
614	614	6 (B) Employment agency. For any employment agency to
615	615	7 fail or refuse to classify properly, accept applications
616	616	8 and register for employment referral or apprenticeship
617	617	9 referral, refer for employment, or refer for
618	618	10 apprenticeship on the basis of unlawful discrimination,
619	619	11 citizenship status, work authorization status, or family
620	620	12 responsibilities or to accept from any person any job
621	621	13 order, requisition or request for referral of applicants
622	622	14 for employment or apprenticeship which makes or has the
623	623	15 effect of making unlawful discrimination or discrimination
624	624	16 on the basis of citizenship status, work authorization
625	625	17 status, or family responsibilities a condition of
626	626	18 referral.
627	627	19 (C) Labor organization. For any labor organization to
628	628	20 limit, segregate or classify its membership, or to limit
629	629	21 employment opportunities, selection and training for
630	630	22 apprenticeship in any trade or craft, or otherwise to
631	631	23 take, or fail to take, any action which affects adversely
632	632	24 any person's status as an employee or as an applicant for
633	633	25 employment or as an apprentice, or as an applicant for
634	634	26 apprenticeships, or wages, tenure, hours of employment or
635	635
636	636
637	637
638	638
639	639
640	640	SB2419 - 17 - LRB104 11063 JRC 21145 b
641	641
642	642
643	643	SB2419- 18 -LRB104 11063 JRC 21145 b SB2419 - 18 - LRB104 11063 JRC 21145 b
644	644	SB2419 - 18 - LRB104 11063 JRC 21145 b
645	645	1 apprenticeship conditions on the basis of unlawful
646	646	2 discrimination, citizenship status, work authorization
647	647	3 status, or family responsibilities.
648	648	4 (D) Sexual harassment. For any employer, employee,
649	649	5 agent of any employer, employment agency or labor
650	650	6 organization to engage in sexual harassment. An ;
651	651	7 provided, that an employer shall be responsible for sexual
652	652	8 harassment of the employer's employees by nonemployees or
653	653	9 nonmanagerial and nonsupervisory employees, nonemployees
654	654	10 as defined in this Section, and third parties only if the
655	655	11 employer becomes aware of the conduct and fails to take
656	656	12 reasonable corrective measures. For purposes of this
657	657	13 Section, a third party includes, but is not limited to,
658	658	14 customers, clients, vendors, or other visitors.
659	659	15 (D-5) Sexual harassment of nonemployees. For any
660	660	16 employer, employee, agent of any employer, employment
661	661	17 agency, or labor organization to engage in sexual
662	662	18 harassment of nonemployees in the workplace. An employer
663	663	19 is responsible for sexual harassment of nonemployees by
664	664	20 the employer's nonmanagerial and nonsupervisory employees
665	665	21 only if the employer becomes aware of the conduct and
666	666	22 fails to take reasonable corrective measures. For the
667	667	23 purposes of this subdivision (D-5), "nonemployee" means a
668	668	24 person who is not otherwise an employee of the employer
669	669	25 and is directly performing services for the employer
670	670	26 pursuant to a contract with that employer. "Nonemployee"
671	671
672	672
673	673
674	674
675	675
676	676	SB2419 - 18 - LRB104 11063 JRC 21145 b
677	677
678	678
679	679	SB2419- 19 -LRB104 11063 JRC 21145 b SB2419 - 19 - LRB104 11063 JRC 21145 b
680	680	SB2419 - 19 - LRB104 11063 JRC 21145 b
681	681	1 includes contractors and consultants. This subdivision
682	682	2 applies to sexual harassment occurring on or after January
683	683	3 1, 2020 (the effective date of Public Act 101-221) this
684	684	4 amendatory Act of the 101st General Assembly.
685	685	5 (E) Public employers. For any public employer to
686	686	6 refuse to permit a public employee under its jurisdiction
687	687	7 who takes time off from work in order to practice his or
688	688	8 her religious beliefs to engage in work, during hours
689	689	9 other than such employee's regular working hours,
690	690	10 consistent with the operational needs of the employer and
691	691	11 in order to compensate for work time lost for such
692	692	12 religious reasons. Any employee who elects such deferred
693	693	13 work shall be compensated at the wage rate which he or she
694	694	14 would have earned during the originally scheduled work
695	695	15 period. The employer may require that an employee who
696	696	16 plans to take time off from work in order to practice his
697	697	17 or her religious beliefs provide the employer with a
698	698	18 notice of his or her intention to be absent from work not
699	699	19 exceeding 5 days prior to the date of absence.
700	700	20 (E-5) Religious discrimination. For any employer to
701	701	21 impose upon a person as a condition of obtaining or
702	702	22 retaining employment, including opportunities for
703	703	23 promotion, advancement, or transfer, any terms or
704	704	24 conditions that would require such person to violate or
705	705	25 forgo a sincerely held practice of his or her religion
706	706	26 including, but not limited to, the wearing of any attire,
707	707
708	708
709	709
710	710
711	711
712	712	SB2419 - 19 - LRB104 11063 JRC 21145 b
713	713
714	714
715	715	SB2419- 20 -LRB104 11063 JRC 21145 b SB2419 - 20 - LRB104 11063 JRC 21145 b
716	716	SB2419 - 20 - LRB104 11063 JRC 21145 b
717	717	1 clothing, or facial hair in accordance with the
718	718	2 requirements of his or her religion, unless, after
719	719	3 engaging in a bona fide effort, the employer demonstrates
720	720	4 that it is unable to reasonably accommodate the employee's
721	721	5 or prospective employee's sincerely held religious belief,
722	722	6 practice, or observance without undue hardship on the
723	723	7 conduct of the employer's business.
724	724	8 Nothing in this Section prohibits an employer from
725	725	9 enacting a dress code or grooming policy that may include
726	726	10 restrictions on attire, clothing, or facial hair to
727	727	11 maintain workplace safety or food sanitation.
728	728	12 (F) Training and apprenticeship programs. For any
729	729	13 employer, employment agency or labor organization to
730	730	14 discriminate against a person on the basis of age in the
731	731	15 selection, referral for or conduct of apprenticeship or
732	732	16 training programs.
733	733	17 (G) Immigration-related practices.
734	734	18 (1) for an employer to request for purposes of
735	735	19 satisfying the requirements of Section 1324a(b) of
736	736	20 Title 8 of the United States Code, as now or hereafter
737	737	21 amended, more or different documents than are required
738	738	22 under such Section or to refuse to honor documents
739	739	23 tendered that on their face reasonably appear to be
740	740	24 genuine or to refuse to honor work authorization based
741	741	25 upon the specific status or term of status that
742	742	26 accompanies the authorization to work; or
743	743
744	744
745	745
746	746
747	747
748	748	SB2419 - 20 - LRB104 11063 JRC 21145 b
749	749
750	750
751	751	SB2419- 21 -LRB104 11063 JRC 21145 b SB2419 - 21 - LRB104 11063 JRC 21145 b
752	752	SB2419 - 21 - LRB104 11063 JRC 21145 b
753	753	1 (2) for an employer participating in the E-Verify
754	754	2 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
755	755	3 Programs for Employment Eligibility Confirmation
756	756	4 (enacted by PL 104-208, div. C title IV, subtitle A) to
757	757	5 refuse to hire, to segregate, or to act with respect to
758	758	6 recruitment, hiring, promotion, renewal of employment,
759	759	7 selection for training or apprenticeship, discharge,
760	760	8 discipline, tenure or terms, privileges or conditions
761	761	9 of employment without following the procedures under
762	762	10 the E-Verify Program.
763	763	11 (H) (Blank).
764	764	12 (I) Pregnancy. For an employer to refuse to hire, to
765	765	13 segregate, or to act with respect to recruitment, hiring,
766	766	14 promotion, renewal of employment, selection for training
767	767	15 or apprenticeship, discharge, discipline, tenure or terms,
768	768	16 privileges or conditions of employment on the basis of
769	769	17 pregnancy, childbirth, or medical or common conditions
770	770	18 related to pregnancy or childbirth. Women affected by
771	771	19 pregnancy, childbirth, or medical or common conditions
772	772	20 related to pregnancy or childbirth shall be treated the
773	773	21 same for all employment-related purposes, including
774	774	22 receipt of benefits under fringe benefit programs, as
775	775	23 other persons not so affected but similar in their ability
776	776	24 or inability to work, regardless of the source of the
777	777	25 inability to work or employment classification or status.
778	778	26 (J) Pregnancy; reasonable accommodations.
779	779
780	780
781	781
782	782
783	783
784	784	SB2419 - 21 - LRB104 11063 JRC 21145 b
785	785
786	786
787	787	SB2419- 22 -LRB104 11063 JRC 21145 b SB2419 - 22 - LRB104 11063 JRC 21145 b
788	788	SB2419 - 22 - LRB104 11063 JRC 21145 b
789	789	1 (1) If after a job applicant or employee,
790	790	2 including a part-time, full-time, or probationary
791	791	3 employee, requests a reasonable accommodation, for an
792	792	4 employer to not make reasonable accommodations for any
793	793	5 medical or common condition of a job applicant or
794	794	6 employee related to pregnancy or childbirth, unless
795	795	7 the employer can demonstrate that the accommodation
796	796	8 would impose an undue hardship on the ordinary
797	797	9 operation of the business of the employer. The
798	798	10 employer may request documentation from the employee's
799	799	11 health care provider concerning the need for the
800	800	12 requested reasonable accommodation or accommodations
801	801	13 to the same extent documentation is requested for
802	802	14 conditions related to disability if the employer's
803	803	15 request for documentation is job-related and
804	804	16 consistent with business necessity. The employer may
805	805	17 require only the medical justification for the
806	806	18 requested accommodation or accommodations, a
807	807	19 description of the reasonable accommodation or
808	808	20 accommodations medically advisable, the date the
809	809	21 reasonable accommodation or accommodations became
810	810	22 medically advisable, and the probable duration of the
811	811	23 reasonable accommodation or accommodations. It is the
812	812	24 duty of the individual seeking a reasonable
813	813	25 accommodation or accommodations to submit to the
814	814	26 employer any documentation that is requested in
815	815
816	816
817	817
818	818
819	819
820	820	SB2419 - 22 - LRB104 11063 JRC 21145 b
821	821
822	822
823	823	SB2419- 23 -LRB104 11063 JRC 21145 b SB2419 - 23 - LRB104 11063 JRC 21145 b
824	824	SB2419 - 23 - LRB104 11063 JRC 21145 b
825	825	1 accordance with this paragraph. Notwithstanding the
826	826	2 provisions of this paragraph, the employer may require
827	827	3 documentation by the employee's health care provider
828	828	4 to determine compliance with other laws. The employee
829	829	5 and employer shall engage in a timely, good faith, and
830	830	6 meaningful exchange to determine effective reasonable
831	831	7 accommodations.
832	832	8 (2) For an employer to deny employment
833	833	9 opportunities or benefits to or take adverse action
834	834	10 against an otherwise qualified job applicant or
835	835	11 employee, including a part-time, full-time, or
836	836	12 probationary employee, if the denial or adverse action
837	837	13 is based on the need of the employer to make reasonable
838	838	14 accommodations to the known medical or common
839	839	15 conditions related to the pregnancy or childbirth of
840	840	16 the applicant or employee.
841	841	17 (3) For an employer to require a job applicant or
842	842	18 employee, including a part-time, full-time, or
843	843	19 probationary employee, affected by pregnancy,
844	844	20 childbirth, or medical or common conditions related to
845	845	21 pregnancy or childbirth to accept an accommodation
846	846	22 when the applicant or employee did not request an
847	847	23 accommodation and the applicant or employee chooses
848	848	24 not to accept the employer's accommodation.
849	849	25 (4) For an employer to require an employee,
850	850	26 including a part-time, full-time, or probationary
851	851
852	852
853	853
854	854
855	855
856	856	SB2419 - 23 - LRB104 11063 JRC 21145 b
857	857
858	858
859	859	SB2419- 24 -LRB104 11063 JRC 21145 b SB2419 - 24 - LRB104 11063 JRC 21145 b
860	860	SB2419 - 24 - LRB104 11063 JRC 21145 b
861	861	1 employee, to take leave under any leave law or policy
862	862	2 of the employer if another reasonable accommodation
863	863	3 can be provided to the known medical or common
864	864	4 conditions related to the pregnancy or childbirth of
865	865	5 an employee. No employer shall fail or refuse to
866	866	6 reinstate the employee affected by pregnancy,
867	867	7 childbirth, or medical or common conditions related to
868	868	8 pregnancy or childbirth to her original job or to an
869	869	9 equivalent position with equivalent pay and
870	870	10 accumulated seniority, retirement, fringe benefits,
871	871	11 and other applicable service credits upon her
872	872	12 signifying her intent to return or when her need for
873	873	13 reasonable accommodation ceases, unless the employer
874	874	14 can demonstrate that the accommodation would impose an
875	875	15 undue hardship on the ordinary operation of the
876	876	16 business of the employer.
877	877	17 For the purposes of this subdivision (J), "reasonable
878	878	18 accommodations" means reasonable modifications or
879	879	19 adjustments to the job application process or work
880	880	20 environment, or to the manner or circumstances under which
881	881	21 the position desired or held is customarily performed,
882	882	22 that enable an applicant or employee affected by
883	883	23 pregnancy, childbirth, or medical or common conditions
884	884	24 related to pregnancy or childbirth to be considered for
885	885	25 the position the applicant desires or to perform the
886	886	26 essential functions of that position, and may include, but
887	887
888	888
889	889
890	890
891	891
892	892	SB2419 - 24 - LRB104 11063 JRC 21145 b
893	893
894	894
895	895	SB2419- 25 -LRB104 11063 JRC 21145 b SB2419 - 25 - LRB104 11063 JRC 21145 b
896	896	SB2419 - 25 - LRB104 11063 JRC 21145 b
897	897	1 is not limited to: more frequent or longer bathroom
898	898	2 breaks, breaks for increased water intake, and breaks for
899	899	3 periodic rest; private non-bathroom space for expressing
900	900	4 breast milk and breastfeeding; seating; assistance with
901	901	5 manual labor; light duty; temporary transfer to a less
902	902	6 strenuous or hazardous position; the provision of an
903	903	7 accessible worksite; acquisition or modification of
904	904	8 equipment; job restructuring; a part-time or modified work
905	905	9 schedule; appropriate adjustment or modifications of
906	906	10 examinations, training materials, or policies;
907	907	11 reassignment to a vacant position; time off to recover
908	908	12 from conditions related to childbirth; and leave
909	909	13 necessitated by pregnancy, childbirth, or medical or
910	910	14 common conditions resulting from pregnancy or childbirth.
911	911	15 For the purposes of this subdivision (J), "undue
912	912	16 hardship" means an action that is prohibitively expensive
913	913	17 or disruptive when considered in light of the following
914	914	18 factors: (i) the nature and cost of the accommodation
915	915	19 needed; (ii) the overall financial resources of the
916	916	20 facility or facilities involved in the provision of the
917	917	21 reasonable accommodation, the number of persons employed
918	918	22 at the facility, the effect on expenses and resources, or
919	919	23 the impact otherwise of the accommodation upon the
920	920	24 operation of the facility; (iii) the overall financial
921	921	25 resources of the employer, the overall size of the
922	922	26 business of the employer with respect to the number of its
923	923
924	924
925	925
926	926
927	927
928	928	SB2419 - 25 - LRB104 11063 JRC 21145 b
929	929
930	930
931	931	SB2419- 26 -LRB104 11063 JRC 21145 b SB2419 - 26 - LRB104 11063 JRC 21145 b
932	932	SB2419 - 26 - LRB104 11063 JRC 21145 b
933	933	1 employees, and the number, type, and location of its
934	934	2 facilities; and (iv) the type of operation or operations
935	935	3 of the employer, including the composition, structure, and
936	936	4 functions of the workforce of the employer, the geographic
937	937	5 separateness, administrative, or fiscal relationship of
938	938	6 the facility or facilities in question to the employer.
939	939	7 The employer has the burden of proving undue hardship. The
940	940	8 fact that the employer provides or would be required to
941	941	9 provide a similar accommodation to similarly situated
942	942	10 employees creates a rebuttable presumption that the
943	943	11 accommodation does not impose an undue hardship on the
944	944	12 employer.
945	945	13 No employer is required by this subdivision (J) to
946	946	14 create additional employment that the employer would not
947	947	15 otherwise have created, unless the employer does so or
948	948	16 would do so for other classes of employees who need
949	949	17 accommodation. The employer is not required to discharge
950	950	18 any employee, transfer any employee with more seniority,
951	951	19 or promote any employee who is not qualified to perform
952	952	20 the job, unless the employer does so or would do so to
953	953	21 accommodate other classes of employees who need it.
954	954	22 (K) Notice.
955	955	23 (1) For an employer to fail to post or keep posted
956	956	24 in a conspicuous location on the premises of the
957	957	25 employer where notices to employees are customarily
958	958	26 posted, or fail to include in any employee handbook
959	959
960	960
961	961
962	962
963	963
964	964	SB2419 - 26 - LRB104 11063 JRC 21145 b
965	965
966	966
967	967	SB2419- 27 -LRB104 11063 JRC 21145 b SB2419 - 27 - LRB104 11063 JRC 21145 b
968	968	SB2419 - 27 - LRB104 11063 JRC 21145 b
969	969	1 information concerning an employee's rights under this
970	970	2 Article, a notice, to be prepared or approved by the
971	971	3 Department, summarizing the requirements of this
972	972	4 Article and information pertaining to the filing of a
973	973	5 charge, including the right to be free from unlawful
974	974	6 discrimination, the right to be free from sexual
975	975	7 harassment, and the right to certain reasonable
976	976	8 accommodations. The Department shall make the
977	977	9 documents required under this paragraph available for
978	978	10 retrieval from the Department's website.
979	979	11 (2) Upon notification of a violation of paragraph
980	980	12 (1) of this subdivision (K), the Department may launch
981	981	13 a preliminary investigation. If the Department finds a
982	982	14 violation, the Department may issue a notice to show
983	983	15 cause giving the employer 30 days to correct the
984	984	16 violation. If the violation is not corrected, the
985	985	17 Department may initiate a charge of a civil rights
986	986	18 violation.
987	987	19 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
988	988	20 revised 10-7-24.)
989	989	21 (Text of Section after amendment by P.A. 103-804)
990	990	22 Sec. 2-102. Civil rights violations; employment violations -
991	991	23 employment. It is a civil rights violation:
992	992	24 (A) Employers. For any employer to refuse to hire, to
993	993	25 segregate, to engage in harassment as defined in
994	994
995	995
996	996
997	997
998	998
999	999	SB2419 - 27 - LRB104 11063 JRC 21145 b
1000	1000
1001	1001
1002	1002	SB2419- 28 -LRB104 11063 JRC 21145 b SB2419 - 28 - LRB104 11063 JRC 21145 b
1003	1003	SB2419 - 28 - LRB104 11063 JRC 21145 b
1004	1004	1 subsection (E-1) of Section 2-101, or to act with respect
1005	1005	2 to recruitment, hiring, promotion, renewal of employment,
1006	1006	3 selection for training or apprenticeship, discharge,
1007	1007	4 discipline, tenure or terms, privileges or conditions of
1008	1008	5 employment on the basis of unlawful discrimination,
1009	1009	6 citizenship status, work authorization status, or family
1010	1010	7 responsibilities. An employer is responsible for
1011	1011	8 harassment of the employer's employees by the employer's
1012	1012	9 nonmanagerial and nonsupervisory employees, nonemployees
1013	1013	10 as defined in this Section, and third parties only if the
1014	1014	11 employer becomes aware of the conduct and fails to take
1015	1015	12 reasonable corrective measures. For purposes of this
1016	1016	13 Section, a third party includes, but is not limited to,
1017	1017	14 customers, clients, vendors, or other visitors.
1018	1018	15 (A-5) Language. For an employer to impose a
1019	1019	16 restriction that has the effect of prohibiting a language
1020	1020	17 from being spoken by an employee in communications that
1021	1021	18 are unrelated to the employee's duties.
1022	1022	19 For the purposes of this subdivision (A-5), "language"
1023	1023	20 means a person's native tongue, such as Polish, Spanish,
1024	1024	21 or Chinese. "Language" does not include such things as
1025	1025	22 slang, jargon, profanity, or vulgarity.
1026	1026	23 (A-10) Harassment of nonemployees. For any employer,
1027	1027	24 employment agency, or labor organization to engage in
1028	1028	25 harassment of nonemployees in the workplace. An employer
1029	1029	26 is responsible for harassment of nonemployees by the
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	SB2419 - 28 - LRB104 11063 JRC 21145 b
1036	1036
1037	1037
1038	1038	SB2419- 29 -LRB104 11063 JRC 21145 b SB2419 - 29 - LRB104 11063 JRC 21145 b
1039	1039	SB2419 - 29 - LRB104 11063 JRC 21145 b
1040	1040	1 employer's nonmanagerial and nonsupervisory employees only
1041	1041	2 if the employer becomes aware of the conduct and fails to
1042	1042	3 take reasonable corrective measures. For the purposes of
1043	1043	4 this subdivision (A-10), "nonemployee" means a person who
1044	1044	5 is not otherwise an employee of the employer and is
1045	1045	6 directly performing services for the employer pursuant to
1046	1046	7 a contract with that employer. "Nonemployee" includes
1047	1047	8 contractors and consultants. This subdivision applies to
1048	1048	9 harassment occurring on or after January 1, 2020 (the
1049	1049	10 effective date of Public Act 101-221) this amendatory Act
1050	1050	11 of the 101st General Assembly.
1051	1051	12 (B) Employment agency. For any employment agency to
1052	1052	13 fail or refuse to classify properly, accept applications
1053	1053	14 and register for employment referral or apprenticeship
1054	1054	15 referral, refer for employment, or refer for
1055	1055	16 apprenticeship on the basis of unlawful discrimination,
1056	1056	17 citizenship status, work authorization status, or family
1057	1057	18 responsibilities or to accept from any person any job
1058	1058	19 order, requisition or request for referral of applicants
1059	1059	20 for employment or apprenticeship which makes or has the
1060	1060	21 effect of making unlawful discrimination or discrimination
1061	1061	22 on the basis of citizenship status, work authorization
1062	1062	23 status, or family responsibilities a condition of
1063	1063	24 referral.
1064	1064	25 (C) Labor organization. For any labor organization to
1065	1065	26 limit, segregate or classify its membership, or to limit
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	SB2419 - 29 - LRB104 11063 JRC 21145 b
1072	1072
1073	1073
1074	1074	SB2419- 30 -LRB104 11063 JRC 21145 b SB2419 - 30 - LRB104 11063 JRC 21145 b
1075	1075	SB2419 - 30 - LRB104 11063 JRC 21145 b
1076	1076	1 employment opportunities, selection and training for
1077	1077	2 apprenticeship in any trade or craft, or otherwise to
1078	1078	3 take, or fail to take, any action which affects adversely
1079	1079	4 any person's status as an employee or as an applicant for
1080	1080	5 employment or as an apprentice, or as an applicant for
1081	1081	6 apprenticeships, or wages, tenure, hours of employment or
1082	1082	7 apprenticeship conditions on the basis of unlawful
1083	1083	8 discrimination, citizenship status, work authorization
1084	1084	9 status, or family responsibilities.
1085	1085	10 (D) Sexual harassment. For any employer, employee,
1086	1086	11 agent of any employer, employment agency or labor
1087	1087	12 organization to engage in sexual harassment. An ;
1088	1088	13 provided, that an employer shall be responsible for sexual
1089	1089	14 harassment of the employer's employees by nonemployees or
1090	1090	15 nonmanagerial and nonsupervisory employees, nonemployees
1091	1091	16 as defined in this Section, and third parties only if the
1092	1092	17 employer becomes aware of the conduct and fails to take
1093	1093	18 reasonable corrective measures. For purposes of this
1094	1094	19 Section, a third party includes, but is not limited to,
1095	1095	20 customers, clients, vendors, or other visitors.
1096	1096	21 (D-5) Sexual harassment of nonemployees. For any
1097	1097	22 employer, employee, agent of any employer, employment
1098	1098	23 agency, or labor organization to engage in sexual
1099	1099	24 harassment of nonemployees in the workplace. An employer
1100	1100	25 is responsible for sexual harassment of nonemployees by
1101	1101	26 the employer's nonmanagerial and nonsupervisory employees
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	SB2419 - 30 - LRB104 11063 JRC 21145 b
1108	1108
1109	1109
1110	1110	SB2419- 31 -LRB104 11063 JRC 21145 b SB2419 - 31 - LRB104 11063 JRC 21145 b
1111	1111	SB2419 - 31 - LRB104 11063 JRC 21145 b
1112	1112	1 only if the employer becomes aware of the conduct and
1113	1113	2 fails to take reasonable corrective measures. For the
1114	1114	3 purposes of this subdivision (D-5), "nonemployee" means a
1115	1115	4 person who is not otherwise an employee of the employer
1116	1116	5 and is directly performing services for the employer
1117	1117	6 pursuant to a contract with that employer. "Nonemployee"
1118	1118	7 includes contractors and consultants. This subdivision
1119	1119	8 applies to sexual harassment occurring on or after January
1120	1120	9 1, 2020 (the effective date of Public Act 101-221) this
1121	1121	10 amendatory Act of the 101st General Assembly.
1122	1122	11 (E) Public employers. For any public employer to
1123	1123	12 refuse to permit a public employee under its jurisdiction
1124	1124	13 who takes time off from work in order to practice his or
1125	1125	14 her religious beliefs to engage in work, during hours
1126	1126	15 other than such employee's regular working hours,
1127	1127	16 consistent with the operational needs of the employer and
1128	1128	17 in order to compensate for work time lost for such
1129	1129	18 religious reasons. Any employee who elects such deferred
1130	1130	19 work shall be compensated at the wage rate which he or she
1131	1131	20 would have earned during the originally scheduled work
1132	1132	21 period. The employer may require that an employee who
1133	1133	22 plans to take time off from work in order to practice his
1134	1134	23 or her religious beliefs provide the employer with a
1135	1135	24 notice of his or her intention to be absent from work not
1136	1136	25 exceeding 5 days prior to the date of absence.
1137	1137	26 (E-5) Religious discrimination. For any employer to
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	SB2419 - 31 - LRB104 11063 JRC 21145 b
1144	1144
1145	1145
1146	1146	SB2419- 32 -LRB104 11063 JRC 21145 b SB2419 - 32 - LRB104 11063 JRC 21145 b
1147	1147	SB2419 - 32 - LRB104 11063 JRC 21145 b
1148	1148	1 impose upon a person as a condition of obtaining or
1149	1149	2 retaining employment, including opportunities for
1150	1150	3 promotion, advancement, or transfer, any terms or
1151	1151	4 conditions that would require such person to violate or
1152	1152	5 forgo a sincerely held practice of his or her religion
1153	1153	6 including, but not limited to, the wearing of any attire,
1154	1154	7 clothing, or facial hair in accordance with the
1155	1155	8 requirements of his or her religion, unless, after
1156	1156	9 engaging in a bona fide effort, the employer demonstrates
1157	1157	10 that it is unable to reasonably accommodate the employee's
1158	1158	11 or prospective employee's sincerely held religious belief,
1159	1159	12 practice, or observance without undue hardship on the
1160	1160	13 conduct of the employer's business.
1161	1161	14 Nothing in this Section prohibits an employer from
1162	1162	15 enacting a dress code or grooming policy that may include
1163	1163	16 restrictions on attire, clothing, or facial hair to
1164	1164	17 maintain workplace safety or food sanitation.
1165	1165	18 (F) Training and apprenticeship programs. For any
1166	1166	19 employer, employment agency or labor organization to
1167	1167	20 discriminate against a person on the basis of age in the
1168	1168	21 selection, referral for or conduct of apprenticeship or
1169	1169	22 training programs.
1170	1170	23 (G) Immigration-related practices.
1171	1171	24 (1) for an employer to request for purposes of
1172	1172	25 satisfying the requirements of Section 1324a(b) of
1173	1173	26 Title 8 of the United States Code, as now or hereafter
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179	SB2419 - 32 - LRB104 11063 JRC 21145 b
1180	1180
1181	1181
1182	1182	SB2419- 33 -LRB104 11063 JRC 21145 b SB2419 - 33 - LRB104 11063 JRC 21145 b
1183	1183	SB2419 - 33 - LRB104 11063 JRC 21145 b
1184	1184	1 amended, more or different documents than are required
1185	1185	2 under such Section or to refuse to honor documents
1186	1186	3 tendered that on their face reasonably appear to be
1187	1187	4 genuine or to refuse to honor work authorization based
1188	1188	5 upon the specific status or term of status that
1189	1189	6 accompanies the authorization to work; or
1190	1190	7 (2) for an employer participating in the E-Verify
1191	1191	8 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
1192	1192	9 Programs for Employment Eligibility Confirmation
1193	1193	10 (enacted by PL 104-208, div. C title IV, subtitle A) to
1194	1194	11 refuse to hire, to segregate, or to act with respect to
1195	1195	12 recruitment, hiring, promotion, renewal of employment,
1196	1196	13 selection for training or apprenticeship, discharge,
1197	1197	14 discipline, tenure or terms, privileges or conditions
1198	1198	15 of employment without following the procedures under
1199	1199	16 the E-Verify Program.
1200	1200	17 (H) (Blank).
1201	1201	18 (I) Pregnancy. For an employer to refuse to hire, to
1202	1202	19 segregate, or to act with respect to recruitment, hiring,
1203	1203	20 promotion, renewal of employment, selection for training
1204	1204	21 or apprenticeship, discharge, discipline, tenure or terms,
1205	1205	22 privileges or conditions of employment on the basis of
1206	1206	23 pregnancy, childbirth, or medical or common conditions
1207	1207	24 related to pregnancy or childbirth. Women affected by
1208	1208	25 pregnancy, childbirth, or medical or common conditions
1209	1209	26 related to pregnancy or childbirth shall be treated the
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214
1215	1215	SB2419 - 33 - LRB104 11063 JRC 21145 b
1216	1216
1217	1217
1218	1218	SB2419- 34 -LRB104 11063 JRC 21145 b SB2419 - 34 - LRB104 11063 JRC 21145 b
1219	1219	SB2419 - 34 - LRB104 11063 JRC 21145 b
1220	1220	1 same for all employment-related purposes, including
1221	1221	2 receipt of benefits under fringe benefit programs, as
1222	1222	3 other persons not so affected but similar in their ability
1223	1223	4 or inability to work, regardless of the source of the
1224	1224	5 inability to work or employment classification or status.
1225	1225	6 (J) Pregnancy; reasonable accommodations.
1226	1226	7 (1) If after a job applicant or employee,
1227	1227	8 including a part-time, full-time, or probationary
1228	1228	9 employee, requests a reasonable accommodation, for an
1229	1229	10 employer to not make reasonable accommodations for any
1230	1230	11 medical or common condition of a job applicant or
1231	1231	12 employee related to pregnancy or childbirth, unless
1232	1232	13 the employer can demonstrate that the accommodation
1233	1233	14 would impose an undue hardship on the ordinary
1234	1234	15 operation of the business of the employer. The
1235	1235	16 employer may request documentation from the employee's
1236	1236	17 health care provider concerning the need for the
1237	1237	18 requested reasonable accommodation or accommodations
1238	1238	19 to the same extent documentation is requested for
1239	1239	20 conditions related to disability if the employer's
1240	1240	21 request for documentation is job-related and
1241	1241	22 consistent with business necessity. The employer may
1242	1242	23 require only the medical justification for the
1243	1243	24 requested accommodation or accommodations, a
1244	1244	25 description of the reasonable accommodation or
1245	1245	26 accommodations medically advisable, the date the
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250
1251	1251	SB2419 - 34 - LRB104 11063 JRC 21145 b
1252	1252
1253	1253
1254	1254	SB2419- 35 -LRB104 11063 JRC 21145 b SB2419 - 35 - LRB104 11063 JRC 21145 b
1255	1255	SB2419 - 35 - LRB104 11063 JRC 21145 b
1256	1256	1 reasonable accommodation or accommodations became
1257	1257	2 medically advisable, and the probable duration of the
1258	1258	3 reasonable accommodation or accommodations. It is the
1259	1259	4 duty of the individual seeking a reasonable
1260	1260	5 accommodation or accommodations to submit to the
1261	1261	6 employer any documentation that is requested in
1262	1262	7 accordance with this paragraph. Notwithstanding the
1263	1263	8 provisions of this paragraph, the employer may require
1264	1264	9 documentation by the employee's health care provider
1265	1265	10 to determine compliance with other laws. The employee
1266	1266	11 and employer shall engage in a timely, good faith, and
1267	1267	12 meaningful exchange to determine effective reasonable
1268	1268	13 accommodations.
1269	1269	14 (2) For an employer to deny employment
1270	1270	15 opportunities or benefits to or take adverse action
1271	1271	16 against an otherwise qualified job applicant or
1272	1272	17 employee, including a part-time, full-time, or
1273	1273	18 probationary employee, if the denial or adverse action
1274	1274	19 is based on the need of the employer to make reasonable
1275	1275	20 accommodations to the known medical or common
1276	1276	21 conditions related to the pregnancy or childbirth of
1277	1277	22 the applicant or employee.
1278	1278	23 (3) For an employer to require a job applicant or
1279	1279	24 employee, including a part-time, full-time, or
1280	1280	25 probationary employee, affected by pregnancy,
1281	1281	26 childbirth, or medical or common conditions related to
1282	1282
1283	1283
1284	1284
1285	1285
1286	1286
1287	1287	SB2419 - 35 - LRB104 11063 JRC 21145 b
1288	1288
1289	1289
1290	1290	SB2419- 36 -LRB104 11063 JRC 21145 b SB2419 - 36 - LRB104 11063 JRC 21145 b
1291	1291	SB2419 - 36 - LRB104 11063 JRC 21145 b
1292	1292	1 pregnancy or childbirth to accept an accommodation
1293	1293	2 when the applicant or employee did not request an
1294	1294	3 accommodation and the applicant or employee chooses
1295	1295	4 not to accept the employer's accommodation.
1296	1296	5 (4) For an employer to require an employee,
1297	1297	6 including a part-time, full-time, or probationary
1298	1298	7 employee, to take leave under any leave law or policy
1299	1299	8 of the employer if another reasonable accommodation
1300	1300	9 can be provided to the known medical or common
1301	1301	10 conditions related to the pregnancy or childbirth of
1302	1302	11 an employee. No employer shall fail or refuse to
1303	1303	12 reinstate the employee affected by pregnancy,
1304	1304	13 childbirth, or medical or common conditions related to
1305	1305	14 pregnancy or childbirth to her original job or to an
1306	1306	15 equivalent position with equivalent pay and
1307	1307	16 accumulated seniority, retirement, fringe benefits,
1308	1308	17 and other applicable service credits upon her
1309	1309	18 signifying her intent to return or when her need for
1310	1310	19 reasonable accommodation ceases, unless the employer
1311	1311	20 can demonstrate that the accommodation would impose an
1312	1312	21 undue hardship on the ordinary operation of the
1313	1313	22 business of the employer.
1314	1314	23 For the purposes of this subdivision (J), "reasonable
1315	1315	24 accommodations" means reasonable modifications or
1316	1316	25 adjustments to the job application process or work
1317	1317	26 environment, or to the manner or circumstances under which
1318	1318
1319	1319
1320	1320
1321	1321
1322	1322
1323	1323	SB2419 - 36 - LRB104 11063 JRC 21145 b
1324	1324
1325	1325
1326	1326	SB2419- 37 -LRB104 11063 JRC 21145 b SB2419 - 37 - LRB104 11063 JRC 21145 b
1327	1327	SB2419 - 37 - LRB104 11063 JRC 21145 b
1328	1328	1 the position desired or held is customarily performed,
1329	1329	2 that enable an applicant or employee affected by
1330	1330	3 pregnancy, childbirth, or medical or common conditions
1331	1331	4 related to pregnancy or childbirth to be considered for
1332	1332	5 the position the applicant desires or to perform the
1333	1333	6 essential functions of that position, and may include, but
1334	1334	7 is not limited to: more frequent or longer bathroom
1335	1335	8 breaks, breaks for increased water intake, and breaks for
1336	1336	9 periodic rest; private non-bathroom space for expressing
1337	1337	10 breast milk and breastfeeding; seating; assistance with
1338	1338	11 manual labor; light duty; temporary transfer to a less
1339	1339	12 strenuous or hazardous position; the provision of an
1340	1340	13 accessible worksite; acquisition or modification of
1341	1341	14 equipment; job restructuring; a part-time or modified work
1342	1342	15 schedule; appropriate adjustment or modifications of
1343	1343	16 examinations, training materials, or policies;
1344	1344	17 reassignment to a vacant position; time off to recover
1345	1345	18 from conditions related to childbirth; and leave
1346	1346	19 necessitated by pregnancy, childbirth, or medical or
1347	1347	20 common conditions resulting from pregnancy or childbirth.
1348	1348	21 For the purposes of this subdivision (J), "undue
1349	1349	22 hardship" means an action that is prohibitively expensive
1350	1350	23 or disruptive when considered in light of the following
1351	1351	24 factors: (i) the nature and cost of the accommodation
1352	1352	25 needed; (ii) the overall financial resources of the
1353	1353	26 facility or facilities involved in the provision of the
1354	1354
1355	1355
1356	1356
1357	1357
1358	1358
1359	1359	SB2419 - 37 - LRB104 11063 JRC 21145 b
1360	1360
1361	1361
1362	1362	SB2419- 38 -LRB104 11063 JRC 21145 b SB2419 - 38 - LRB104 11063 JRC 21145 b
1363	1363	SB2419 - 38 - LRB104 11063 JRC 21145 b
1364	1364	1 reasonable accommodation, the number of persons employed
1365	1365	2 at the facility, the effect on expenses and resources, or
1366	1366	3 the impact otherwise of the accommodation upon the
1367	1367	4 operation of the facility; (iii) the overall financial
1368	1368	5 resources of the employer, the overall size of the
1369	1369	6 business of the employer with respect to the number of its
1370	1370	7 employees, and the number, type, and location of its
1371	1371	8 facilities; and (iv) the type of operation or operations
1372	1372	9 of the employer, including the composition, structure, and
1373	1373	10 functions of the workforce of the employer, the geographic
1374	1374	11 separateness, administrative, or fiscal relationship of
1375	1375	12 the facility or facilities in question to the employer.
1376	1376	13 The employer has the burden of proving undue hardship. The
1377	1377	14 fact that the employer provides or would be required to
1378	1378	15 provide a similar accommodation to similarly situated
1379	1379	16 employees creates a rebuttable presumption that the
1380	1380	17 accommodation does not impose an undue hardship on the
1381	1381	18 employer.
1382	1382	19 No employer is required by this subdivision (J) to
1383	1383	20 create additional employment that the employer would not
1384	1384	21 otherwise have created, unless the employer does so or
1385	1385	22 would do so for other classes of employees who need
1386	1386	23 accommodation. The employer is not required to discharge
1387	1387	24 any employee, transfer any employee with more seniority,
1388	1388	25 or promote any employee who is not qualified to perform
1389	1389	26 the job, unless the employer does so or would do so to
1390	1390
1391	1391
1392	1392
1393	1393
1394	1394
1395	1395	SB2419 - 38 - LRB104 11063 JRC 21145 b
1396	1396
1397	1397
1398	1398	SB2419- 39 -LRB104 11063 JRC 21145 b SB2419 - 39 - LRB104 11063 JRC 21145 b
1399	1399	SB2419 - 39 - LRB104 11063 JRC 21145 b
1400	1400	1 accommodate other classes of employees who need it.
1401	1401	2 (K) Notice.
1402	1402	3 (1) For an employer to fail to post or keep posted
1403	1403	4 in a conspicuous location on the premises of the
1404	1404	5 employer where notices to employees are customarily
1405	1405	6 posted, or fail to include in any employee handbook
1406	1406	7 information concerning an employee's rights under this
1407	1407	8 Article, a notice, to be prepared or approved by the
1408	1408	9 Department, summarizing the requirements of this
1409	1409	10 Article and information pertaining to the filing of a
1410	1410	11 charge, including the right to be free from unlawful
1411	1411	12 discrimination, the right to be free from sexual
1412	1412	13 harassment, and the right to certain reasonable
1413	1413	14 accommodations. The Department shall make the
1414	1414	15 documents required under this paragraph available for
1415	1415	16 retrieval from the Department's website.
1416	1416	17 (2) Upon notification of a violation of paragraph
1417	1417	18 (1) of this subdivision (K), the Department may launch
1418	1418	19 a preliminary investigation. If the Department finds a
1419	1419	20 violation, the Department may issue a notice to show
1420	1420	21 cause giving the employer 30 days to correct the
1421	1421	22 violation. If the violation is not corrected, the
1422	1422	23 Department may initiate a charge of a civil rights
1423	1423	24 violation.
1424	1424	25 (L) Use of artificial intelligence.
1425	1425	26 (1) With respect to recruitment, hiring,
1426	1426
1427	1427
1428	1428
1429	1429
1430	1430
1431	1431	SB2419 - 39 - LRB104 11063 JRC 21145 b
1432	1432
1433	1433
1434	1434	SB2419- 40 -LRB104 11063 JRC 21145 b SB2419 - 40 - LRB104 11063 JRC 21145 b
1435	1435	SB2419 - 40 - LRB104 11063 JRC 21145 b
1436	1436	1 promotion, renewal of employment, selection for
1437	1437	2 training or apprenticeship, discharge, discipline,
1438	1438	3 tenure, or the terms, privileges, or conditions of
1439	1439	4 employment, for an employer to use artificial
1440	1440	5 intelligence that has the effect of subjecting
1441	1441	6 employees to discrimination on the basis of protected
1442	1442	7 classes under this Article or to use zip codes as a
1443	1443	8 proxy for protected classes under this Article.
1444	1444	9 (2) For an employer to fail to provide notice to an
1445	1445	10 employee that the employer is using artificial
1446	1446	11 intelligence for the purposes described in paragraph
1447	1447	12 (1).
1448	1448	13 The Department shall adopt any rules necessary for the
1449	1449	14 implementation and enforcement of this subdivision,
1450	1450	15 including, but not limited to, rules on the circumstances
1451	1451	16 and conditions that require notice, the time period for
1452	1452	17 providing notice, and the means for providing notice.
1453	1453	18 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
1454	1454	19 103-804, eff. 1-1-26; revised 11-26-24.)
1455	1455	20 Section 95. No acceleration or delay. Where this Act makes
1456	1456	21 changes in a statute that is represented in this Act by text
1457	1457	22 that is not yet or no longer in effect (for example, a Section
1458	1458	23 represented by multiple versions), the use of that text does
1459	1459	24 not accelerate or delay the taking effect of (i) the changes
1460	1460	25 made by this Act or (ii) provisions derived from any other
1461	1461
1462	1462
1463	1463
1464	1464
1465	1465
1466	1466	SB2419 - 40 - LRB104 11063 JRC 21145 b
1467	1467
1468	1468
1469	1469	SB2419- 41 -LRB104 11063 JRC 21145 b SB2419 - 41 - LRB104 11063 JRC 21145 b
1470	1470	SB2419 - 41 - LRB104 11063 JRC 21145 b
1471	1471
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476	SB2419 - 41 - LRB104 11063 JRC 21145 b