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
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
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
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A BILL FOR
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SB2419 LRB104 11063 JRC 21145 b
1 AN ACT concerning human rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Human Rights Act is amended by
5 changing Sections 2-101 and 2-102 as follows:
6 (775 ILCS 5/2-101)
7 (Text of Section before amendment by P.A. 103-804)
8 Sec. 2-101. Definitions. The following definitions are
9 applicable strictly in the context of this Article.
10 (A) Employee.
11 (1) "Employee" includes:
12 (a) Any individual performing services for
13 remuneration within this State for an employer;
14 (b) An apprentice;
15 (c) An applicant for any apprenticeship.
16 For purposes of subsection (D) of Section 2-102 of
17 this Act, "employee" also includes an unpaid intern. An
18 unpaid intern is a person who performs work for an
19 employer under the following circumstances:
20 (i) the employer is not committed to hiring the
21 person performing the work at the conclusion of the
22 intern's tenure;
23 (ii) the employer and the person performing the
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
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.
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LRB104 11063 JRC 21145 b
A BILL FOR
775 ILCS 5/2-101
775 ILCS 5/2-102
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1 work agree that the person is not entitled to wages for
2 the work performed; and
3 (iii) the work performed:
4 (I) supplements training given in an
5 educational environment that may enhance the
6 employability of the intern;
7 (II) provides experience for the benefit of
8 the person performing the work;
9 (III) does not displace regular employees;
10 (IV) is performed under the close supervision
11 of existing staff; and
12 (V) provides no immediate advantage to the
13 employer providing the training and may
14 occasionally impede the operations of the
15 employer.
16 (2) "Employee" does not include:
17 (a) (Blank);
18 (b) Individuals employed by persons who are not
19 "employers" as defined by this Act;
20 (c) Elected public officials or the members of
21 their immediate personal staffs;
22 (d) Principal administrative officers of the State
23 or of any political subdivision, municipal corporation
24 or other governmental unit or agency;
25 (e) A person in a vocational rehabilitation
26 facility certified under federal law who has been
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1 designated an evaluee, trainee, or work activity
2 client.
3 (B) Employer.
4 (1) "Employer" includes:
5 (a) Any person employing one or more employees
6 within Illinois during 20 or more calendar weeks
7 within the calendar year of or preceding the alleged
8 violation;
9 (b) Any person employing one or more employees
10 when a complainant alleges civil rights violation due
11 to unlawful discrimination based upon his or her
12 physical or mental disability unrelated to ability,
13 pregnancy, or sexual harassment;
14 (c) The State and any political subdivision,
15 municipal corporation or other governmental unit or
16 agency, without regard to the number of employees;
17 (d) Any party to a public contract without regard
18 to the number of employees;
19 (e) A joint apprenticeship or training committee
20 without regard to the number of employees.
21 (2) "Employer" does not include any place of worship,
22 religious corporation, association, educational
23 institution, society, or nonprofit non-profit nursing
24 institution conducted by and for those who rely upon
25 treatment by prayer through spiritual means in accordance
26 with the tenets of a recognized church or religious
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1 denomination with respect to the employment of individuals
2 of a particular religion to perform work connected with
3 the carrying on by such place of worship, corporation,
4 association, educational institution, society, or
5 nonprofit non-profit nursing institution of its
6 activities.
7 (C) Employment Agency. "Employment Agency" includes both
8 public and private employment agencies and any person, labor
9 organization, or labor union having a hiring hall or hiring
10 office regularly undertaking, with or without compensation, to
11 procure opportunities to work, or to procure, recruit, refer,
12 or place employees.
13 (D) Labor Organization. "Labor Organization" includes any
14 organization, labor union, craft union, or any voluntary
15 unincorporated association designed to further the cause of
16 the rights of union labor which is constituted for the
17 purpose, in whole or in part, of collective bargaining or of
18 dealing with employers concerning grievances, terms or
19 conditions of employment, or apprenticeships or applications
20 for apprenticeships, or of other mutual aid or protection in
21 connection with employment, including apprenticeships or
22 applications for apprenticeships.
23 (E) Sexual Harassment. "Sexual harassment" means any
24 unwelcome sexual advances or requests for sexual favors or any
25 conduct of a sexual nature when (1) submission to such conduct
26 is made either explicitly or implicitly a term or condition of
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1 an individual's employment, (2) submission to or rejection of
2 such conduct by an individual is used as the basis for
3 employment decisions affecting such individual, or (3) such
4 conduct has the purpose or effect of substantially interfering
5 with an individual's work performance or creating an
6 intimidating, hostile, or offensive working environment.
7 For purposes of this definition, the phrase "working
8 environment" is not limited to a physical location an employee
9 is assigned to perform his or her duties.
10 (E-1) Harassment. "Harassment" means any unwelcome conduct
11 on the basis of an individual's actual or perceived race,
12 color, religion, national origin, ancestry, age, sex, marital
13 status, order of protection status, disability, military
14 status, sexual orientation, pregnancy, reproductive health
15 decisions, unfavorable discharge from military service,
16 citizenship status, work authorization status, or family
17 responsibilities that has the purpose or effect of
18 substantially interfering with the individual's work
19 performance or creating an intimidating, hostile, or offensive
20 working environment. For purposes of this definition, the
21 phrase "working environment" is not limited to a physical
22 location an employee is assigned to perform his or her duties.
23 (F) Religion. "Religion" with respect to employers
24 includes all aspects of religious observance and practice, as
25 well as belief, unless an employer demonstrates that he is
26 unable to reasonably accommodate an employee's or prospective
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1 employee's religious observance or practice without undue
2 hardship on the conduct of the employer's business.
3 (G) Public Employer. "Public employer" means the State, an
4 agency or department thereof, unit of local government, school
5 district, instrumentality or political subdivision.
6 (H) Public Employee. "Public employee" means an employee
7 of the State, agency or department thereof, unit of local
8 government, school district, instrumentality or political
9 subdivision. "Public employee" does not include public
10 officers or employees of the General Assembly or agencies
11 thereof.
12 (I) Public Officer. "Public officer" means a person who is
13 elected to office pursuant to the Constitution or a statute or
14 ordinance, or who is appointed to an office which is
15 established, and the qualifications and duties of which are
16 prescribed, by the Constitution or a statute or ordinance, to
17 discharge a public duty for the State, agency or department
18 thereof, unit of local government, school district,
19 instrumentality or political subdivision.
20 (J) Eligible Bidder. "Eligible bidder" means a person who,
21 prior to contract award or prior to bid opening for State
22 contracts for construction or construction-related services,
23 has filed with the Department a properly completed, sworn and
24 currently valid employer report form, pursuant to the
25 Department's regulations. The provisions of this Article
26 relating to eligible bidders apply only to bids on contracts
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1 with the State and its departments, agencies, boards, and
2 commissions, and the provisions do not apply to bids on
3 contracts with units of local government or school districts.
4 (K) Citizenship Status. "Citizenship status" means the
5 status of being:
6 (1) a born U.S. citizen;
7 (2) a naturalized U.S. citizen;
8 (3) a U.S. national; or
9 (4) a person born outside the United States and not a
10 U.S. citizen who is lawfully present and who is protected
11 from discrimination under the provisions of Section 1324b
12 of Title 8 of the United States Code, as now or hereafter
13 amended.
14 (L) Work Authorization Status. "Work authorization status"
15 means the status of being a person born outside of the United
16 States, and not a U.S. citizen, who is authorized by the
17 federal government to work in the United States.
18 (M) Family Responsibilities. "Family responsibilities"
19 means an employee's actual or perceived provision of personal
20 care to a family member. As used in this definition:
21 (1) "Personal care" has the meaning given to that term
22 in the Employee Sick Leave Act.
23 (2) "Family member" has the meaning given to the term
24 "covered family member" in the Employee Sick Leave Act.
25 (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21;
26 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; revised
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1 10-7-24.)
2 (Text of Section after amendment by P.A. 103-804)
3 Sec. 2-101. Definitions. The following definitions are
4 applicable strictly in the context of this Article.
5 (A) Employee.
6 (1) "Employee" includes:
7 (a) Any individual performing services for
8 remuneration within this State for an employer;
9 (b) An apprentice;
10 (c) An applicant for any apprenticeship.
11 For purposes of subsection (D) of Section 2-102 of
12 this Act, "employee" also includes an unpaid intern. An
13 unpaid intern is a person who performs work for an
14 employer under the following circumstances:
15 (i) the employer is not committed to hiring the
16 person performing the work at the conclusion of the
17 intern's tenure;
18 (ii) the employer and the person performing the
19 work agree that the person is not entitled to wages for
20 the work performed; and
21 (iii) the work performed:
22 (I) supplements training given in an
23 educational environment that may enhance the
24 employability of the intern;
25 (II) provides experience for the benefit of
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1 the person performing the work;
2 (III) does not displace regular employees;
3 (IV) is performed under the close supervision
4 of existing staff; and
5 (V) provides no immediate advantage to the
6 employer providing the training and may
7 occasionally impede the operations of the
8 employer.
9 (2) "Employee" does not include:
10 (a) (Blank);
11 (b) Individuals employed by persons who are not
12 "employers" as defined by this Act;
13 (c) Elected public officials or the members of
14 their immediate personal staffs;
15 (d) Principal administrative officers of the State
16 or of any political subdivision, municipal corporation
17 or other governmental unit or agency;
18 (e) A person in a vocational rehabilitation
19 facility certified under federal law who has been
20 designated an evaluee, trainee, or work activity
21 client.
22 (B) Employer.
23 (1) "Employer" includes:
24 (a) Any person employing one or more employees
25 within Illinois during 20 or more calendar weeks
26 within the calendar year of or preceding the alleged
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1 violation;
2 (b) Any person employing one or more employees
3 when a complainant alleges civil rights violation due
4 to unlawful discrimination based upon his or her
5 physical or mental disability unrelated to ability,
6 pregnancy, or sexual harassment;
7 (c) The State and any political subdivision,
8 municipal corporation or other governmental unit or
9 agency, without regard to the number of employees;
10 (d) Any party to a public contract without regard
11 to the number of employees;
12 (e) A joint apprenticeship or training committee
13 without regard to the number of employees.
14 (2) "Employer" does not include any place of worship,
15 religious corporation, association, educational
16 institution, society, or nonprofit non-profit nursing
17 institution conducted by and for those who rely upon
18 treatment by prayer through spiritual means in accordance
19 with the tenets of a recognized church or religious
20 denomination with respect to the employment of individuals
21 of a particular religion to perform work connected with
22 the carrying on by such place of worship, corporation,
23 association, educational institution, society, or
24 nonprofit non-profit nursing institution of its
25 activities.
26 (C) Employment Agency. "Employment Agency" includes both
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1 public and private employment agencies and any person, labor
2 organization, or labor union having a hiring hall or hiring
3 office regularly undertaking, with or without compensation, to
4 procure opportunities to work, or to procure, recruit, refer,
5 or place employees.
6 (D) Labor Organization. "Labor Organization" includes any
7 organization, labor union, craft union, or any voluntary
8 unincorporated association designed to further the cause of
9 the rights of union labor which is constituted for the
10 purpose, in whole or in part, of collective bargaining or of
11 dealing with employers concerning grievances, terms or
12 conditions of employment, or apprenticeships or applications
13 for apprenticeships, or of other mutual aid or protection in
14 connection with employment, including apprenticeships or
15 applications for apprenticeships.
16 (E) Sexual Harassment. "Sexual harassment" means any
17 unwelcome sexual advances or requests for sexual favors or any
18 conduct of a sexual nature when (1) submission to such conduct
19 is made either explicitly or implicitly a term or condition of
20 an individual's employment, (2) submission to or rejection of
21 such conduct by an individual is used as the basis for
22 employment decisions affecting such individual, or (3) such
23 conduct has the purpose or effect of substantially interfering
24 with an individual's work performance or creating an
25 intimidating, hostile, or offensive working environment.
26 For purposes of this definition, the phrase "working
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1 environment" is not limited to a physical location an employee
2 is assigned to perform his or her duties.
3 (E-1) Harassment. "Harassment" means any unwelcome conduct
4 on the basis of an individual's actual or perceived race,
5 color, religion, national origin, ancestry, age, sex, marital
6 status, order of protection status, disability, military
7 status, sexual orientation, pregnancy, reproductive health
8 decisions, unfavorable discharge from military service,
9 citizenship status, work authorization status, or family
10 responsibilities that has the purpose or effect of
11 substantially interfering with the individual's work
12 performance or creating an intimidating, hostile, or offensive
13 working environment. For purposes of this definition, the
14 phrase "working environment" is not limited to a physical
15 location an employee is assigned to perform his or her duties.
16 (F) Religion. "Religion" with respect to employers
17 includes all aspects of religious observance and practice, as
18 well as belief, unless an employer demonstrates that he is
19 unable to reasonably accommodate an employee's or prospective
20 employee's religious observance or practice without undue
21 hardship on the conduct of the employer's business.
22 (G) Public Employer. "Public employer" means the State, an
23 agency or department thereof, unit of local government, school
24 district, instrumentality or political subdivision.
25 (H) Public Employee. "Public employee" means an employee
26 of the State, agency or department thereof, unit of local
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1 government, school district, instrumentality or political
2 subdivision. "Public employee" does not include public
3 officers or employees of the General Assembly or agencies
4 thereof.
5 (I) Public Officer. "Public officer" means a person who is
6 elected to office pursuant to the Constitution or a statute or
7 ordinance, or who is appointed to an office which is
8 established, and the qualifications and duties of which are
9 prescribed, by the Constitution or a statute or ordinance, to
10 discharge a public duty for the State, agency or department
11 thereof, unit of local government, school district,
12 instrumentality or political subdivision.
13 (J) Eligible Bidder. "Eligible bidder" means a person who,
14 prior to contract award or prior to bid opening for State
15 contracts for construction or construction-related services,
16 has filed with the Department a properly completed, sworn and
17 currently valid employer report form, pursuant to the
18 Department's regulations. The provisions of this Article
19 relating to eligible bidders apply only to bids on contracts
20 with the State and its departments, agencies, boards, and
21 commissions, and the provisions do not apply to bids on
22 contracts with units of local government or school districts.
23 (K) Citizenship Status. "Citizenship status" means the
24 status of being:
25 (1) a born U.S. citizen;
26 (2) a naturalized U.S. citizen;
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1 (3) a U.S. national; or
2 (4) a person born outside the United States and not a
3 U.S. citizen who is lawfully present and who is protected
4 from discrimination under the provisions of Section 1324b
5 of Title 8 of the United States Code, as now or hereafter
6 amended.
7 (L) Work Authorization Status. "Work authorization status"
8 means the status of being a person born outside of the United
9 States, and not a U.S. citizen, who is authorized by the
10 federal government to work in the United States.
11 (M) Family Responsibilities. "Family responsibilities"
12 means an employee's actual or perceived provision of personal
13 care to a family member. As used in this definition:
14 (1) "Personal care" has the meaning given to that term
15 in the Employee Sick Leave Act.
16 (2) "Family member" has the meaning given to the term
17 "covered family member" in the Employee Sick Leave Act.
18 (N) (M) Artificial Intelligence. "Artificial intelligence"
19 means a machine-based system that, for explicit or implicit
20 objectives, infers, from the input it receives, how to
21 generate outputs such as predictions, content,
22 recommendations, or decisions that can influence physical or
23 virtual environments. "Artificial intelligence" includes
24 generative artificial intelligence.
25 (O) (N) Generative Artificial Intelligence. "Generative
26 artificial intelligence" means an automated computing system
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1 that, when prompted with human prompts, descriptions, or
2 queries, can produce outputs that simulate human-produced
3 content, including, but not limited to, the following: (1)
4 textual outputs, such as short answers, essays, poetry, or
5 longer compositions or answers; (2) image outputs, such as
6 fine art, photographs, conceptual art, diagrams, and other
7 images; (3) multimedia outputs, such as audio or video in the
8 form of compositions, songs, or short-form or long-form audio
9 or video; and (4) other content that would be otherwise
10 produced by human means.
11 (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21;
12 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; 103-804, eff.
13 1-1-26; revised 11-26-24.)
14 (775 ILCS 5/2-102)
15 (Text of Section before amendment by P.A. 103-804)
16 Sec. 2-102. Civil rights violations; employment violations -
17 employment. It is a civil rights violation:
18 (A) Employers. For any employer to refuse to hire, to
19 segregate, to engage in harassment as defined in
20 subsection (E-1) of Section 2-101, or to act with respect
21 to recruitment, hiring, promotion, renewal of employment,
22 selection for training or apprenticeship, discharge,
23 discipline, tenure or terms, privileges or conditions of
24 employment on the basis of unlawful discrimination,
25 citizenship status, work authorization status, or family
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1 responsibilities. An employer is responsible for
2 harassment of the employer's employees by the employer's
3 nonmanagerial and nonsupervisory employees, nonemployees
4 as defined in this Section, and third parties only if the
5 employer becomes aware of the conduct and fails to take
6 reasonable corrective measures. For purposes of this
7 Section, a third party includes, but is not limited to,
8 customers, clients, vendors, or other visitors.
9 (A-5) Language. For an employer to impose a
10 restriction that has the effect of prohibiting a language
11 from being spoken by an employee in communications that
12 are unrelated to the employee's duties.
13 For the purposes of this subdivision (A-5), "language"
14 means a person's native tongue, such as Polish, Spanish,
15 or Chinese. "Language" does not include such things as
16 slang, jargon, profanity, or vulgarity.
17 (A-10) Harassment of nonemployees. For any employer,
18 employment agency, or labor organization to engage in
19 harassment of nonemployees in the workplace. An employer
20 is responsible for harassment of nonemployees by the
21 employer's nonmanagerial and nonsupervisory employees only
22 if the employer becomes aware of the conduct and fails to
23 take reasonable corrective measures. For the purposes of
24 this subdivision (A-10), "nonemployee" means a person who
25 is not otherwise an employee of the employer and is
26 directly performing services for the employer pursuant to
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1 a contract with that employer. "Nonemployee" includes
2 contractors and consultants. This subdivision applies to
3 harassment occurring on or after January 1, 2020 (the
4 effective date of Public Act 101-221) this amendatory Act
5 of the 101st General Assembly.
6 (B) Employment agency. For any employment agency to
7 fail or refuse to classify properly, accept applications
8 and register for employment referral or apprenticeship
9 referral, refer for employment, or refer for
10 apprenticeship on the basis of unlawful discrimination,
11 citizenship status, work authorization status, or family
12 responsibilities or to accept from any person any job
13 order, requisition or request for referral of applicants
14 for employment or apprenticeship which makes or has the
15 effect of making unlawful discrimination or discrimination
16 on the basis of citizenship status, work authorization
17 status, or family responsibilities a condition of
18 referral.
19 (C) Labor organization. For any labor organization to
20 limit, segregate or classify its membership, or to limit
21 employment opportunities, selection and training for
22 apprenticeship in any trade or craft, or otherwise to
23 take, or fail to take, any action which affects adversely
24 any person's status as an employee or as an applicant for
25 employment or as an apprentice, or as an applicant for
26 apprenticeships, or wages, tenure, hours of employment or
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1 apprenticeship conditions on the basis of unlawful
2 discrimination, citizenship status, work authorization
3 status, or family responsibilities.
4 (D) Sexual harassment. For any employer, employee,
5 agent of any employer, employment agency or labor
6 organization to engage in sexual harassment. An ;
7 provided, that an employer shall be responsible for sexual
8 harassment of the employer's employees by nonemployees or
9 nonmanagerial and nonsupervisory employees, nonemployees
10 as defined in this Section, and third parties only if the
11 employer becomes aware of the conduct and fails to take
12 reasonable corrective measures. For purposes of this
13 Section, a third party includes, but is not limited to,
14 customers, clients, vendors, or other visitors.
15 (D-5) Sexual harassment of nonemployees. For any
16 employer, employee, agent of any employer, employment
17 agency, or labor organization to engage in sexual
18 harassment of nonemployees in the workplace. An employer
19 is responsible for sexual harassment of nonemployees by
20 the employer's nonmanagerial and nonsupervisory employees
21 only if the employer becomes aware of the conduct and
22 fails to take reasonable corrective measures. For the
23 purposes of this subdivision (D-5), "nonemployee" means a
24 person who is not otherwise an employee of the employer
25 and is directly performing services for the employer
26 pursuant to a contract with that employer. "Nonemployee"
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1 includes contractors and consultants. This subdivision
2 applies to sexual harassment occurring on or after January
3 1, 2020 (the effective date of Public Act 101-221) this
4 amendatory Act of the 101st General Assembly.
5 (E) Public employers. For any public employer to
6 refuse to permit a public employee under its jurisdiction
7 who takes time off from work in order to practice his or
8 her religious beliefs to engage in work, during hours
9 other than such employee's regular working hours,
10 consistent with the operational needs of the employer and
11 in order to compensate for work time lost for such
12 religious reasons. Any employee who elects such deferred
13 work shall be compensated at the wage rate which he or she
14 would have earned during the originally scheduled work
15 period. The employer may require that an employee who
16 plans to take time off from work in order to practice his
17 or her religious beliefs provide the employer with a
18 notice of his or her intention to be absent from work not
19 exceeding 5 days prior to the date of absence.
20 (E-5) Religious discrimination. For any employer to
21 impose upon a person as a condition of obtaining or
22 retaining employment, including opportunities for
23 promotion, advancement, or transfer, any terms or
24 conditions that would require such person to violate or
25 forgo a sincerely held practice of his or her religion
26 including, but not limited to, the wearing of any attire,
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1 clothing, or facial hair in accordance with the
2 requirements of his or her religion, unless, after
3 engaging in a bona fide effort, the employer demonstrates
4 that it is unable to reasonably accommodate the employee's
5 or prospective employee's sincerely held religious belief,
6 practice, or observance without undue hardship on the
7 conduct of the employer's business.
8 Nothing in this Section prohibits an employer from
9 enacting a dress code or grooming policy that may include
10 restrictions on attire, clothing, or facial hair to
11 maintain workplace safety or food sanitation.
12 (F) Training and apprenticeship programs. For any
13 employer, employment agency or labor organization to
14 discriminate against a person on the basis of age in the
15 selection, referral for or conduct of apprenticeship or
16 training programs.
17 (G) Immigration-related practices.
18 (1) for an employer to request for purposes of
19 satisfying the requirements of Section 1324a(b) of
20 Title 8 of the United States Code, as now or hereafter
21 amended, more or different documents than are required
22 under such Section or to refuse to honor documents
23 tendered that on their face reasonably appear to be
24 genuine or to refuse to honor work authorization based
25 upon the specific status or term of status that
26 accompanies the authorization to work; or
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1 (2) for an employer participating in the E-Verify
2 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
3 Programs for Employment Eligibility Confirmation
4 (enacted by PL 104-208, div. C title IV, subtitle A) to
5 refuse to hire, to segregate, or to act with respect to
6 recruitment, hiring, promotion, renewal of employment,
7 selection for training or apprenticeship, discharge,
8 discipline, tenure or terms, privileges or conditions
9 of employment without following the procedures under
10 the E-Verify Program.
11 (H) (Blank).
12 (I) Pregnancy. For an employer to refuse to hire, to
13 segregate, or to act with respect to recruitment, hiring,
14 promotion, renewal of employment, selection for training
15 or apprenticeship, discharge, discipline, tenure or terms,
16 privileges or conditions of employment on the basis of
17 pregnancy, childbirth, or medical or common conditions
18 related to pregnancy or childbirth. Women affected by
19 pregnancy, childbirth, or medical or common conditions
20 related to pregnancy or childbirth shall be treated the
21 same for all employment-related purposes, including
22 receipt of benefits under fringe benefit programs, as
23 other persons not so affected but similar in their ability
24 or inability to work, regardless of the source of the
25 inability to work or employment classification or status.
26 (J) Pregnancy; reasonable accommodations.
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1 (1) If after a job applicant or employee,
2 including a part-time, full-time, or probationary
3 employee, requests a reasonable accommodation, for an
4 employer to not make reasonable accommodations for any
5 medical or common condition of a job applicant or
6 employee related to pregnancy or childbirth, unless
7 the employer can demonstrate that the accommodation
8 would impose an undue hardship on the ordinary
9 operation of the business of the employer. The
10 employer may request documentation from the employee's
11 health care provider concerning the need for the
12 requested reasonable accommodation or accommodations
13 to the same extent documentation is requested for
14 conditions related to disability if the employer's
15 request for documentation is job-related and
16 consistent with business necessity. The employer may
17 require only the medical justification for the
18 requested accommodation or accommodations, a
19 description of the reasonable accommodation or
20 accommodations medically advisable, the date the
21 reasonable accommodation or accommodations became
22 medically advisable, and the probable duration of the
23 reasonable accommodation or accommodations. It is the
24 duty of the individual seeking a reasonable
25 accommodation or accommodations to submit to the
26 employer any documentation that is requested in
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1 accordance with this paragraph. Notwithstanding the
2 provisions of this paragraph, the employer may require
3 documentation by the employee's health care provider
4 to determine compliance with other laws. The employee
5 and employer shall engage in a timely, good faith, and
6 meaningful exchange to determine effective reasonable
7 accommodations.
8 (2) For an employer to deny employment
9 opportunities or benefits to or take adverse action
10 against an otherwise qualified job applicant or
11 employee, including a part-time, full-time, or
12 probationary employee, if the denial or adverse action
13 is based on the need of the employer to make reasonable
14 accommodations to the known medical or common
15 conditions related to the pregnancy or childbirth of
16 the applicant or employee.
17 (3) For an employer to require a job applicant or
18 employee, including a part-time, full-time, or
19 probationary employee, affected by pregnancy,
20 childbirth, or medical or common conditions related to
21 pregnancy or childbirth to accept an accommodation
22 when the applicant or employee did not request an
23 accommodation and the applicant or employee chooses
24 not to accept the employer's accommodation.
25 (4) For an employer to require an employee,
26 including a part-time, full-time, or probationary
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1 employee, to take leave under any leave law or policy
2 of the employer if another reasonable accommodation
3 can be provided to the known medical or common
4 conditions related to the pregnancy or childbirth of
5 an employee. No employer shall fail or refuse to
6 reinstate the employee affected by pregnancy,
7 childbirth, or medical or common conditions related to
8 pregnancy or childbirth to her original job or to an
9 equivalent position with equivalent pay and
10 accumulated seniority, retirement, fringe benefits,
11 and other applicable service credits upon her
12 signifying her intent to return or when her need for
13 reasonable accommodation ceases, unless the employer
14 can demonstrate that the accommodation would impose an
15 undue hardship on the ordinary operation of the
16 business of the employer.
17 For the purposes of this subdivision (J), "reasonable
18 accommodations" means reasonable modifications or
19 adjustments to the job application process or work
20 environment, or to the manner or circumstances under which
21 the position desired or held is customarily performed,
22 that enable an applicant or employee affected by
23 pregnancy, childbirth, or medical or common conditions
24 related to pregnancy or childbirth to be considered for
25 the position the applicant desires or to perform the
26 essential functions of that position, and may include, but
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1 is not limited to: more frequent or longer bathroom
2 breaks, breaks for increased water intake, and breaks for
3 periodic rest; private non-bathroom space for expressing
4 breast milk and breastfeeding; seating; assistance with
5 manual labor; light duty; temporary transfer to a less
6 strenuous or hazardous position; the provision of an
7 accessible worksite; acquisition or modification of
8 equipment; job restructuring; a part-time or modified work
9 schedule; appropriate adjustment or modifications of
10 examinations, training materials, or policies;
11 reassignment to a vacant position; time off to recover
12 from conditions related to childbirth; and leave
13 necessitated by pregnancy, childbirth, or medical or
14 common conditions resulting from pregnancy or childbirth.
15 For the purposes of this subdivision (J), "undue
16 hardship" means an action that is prohibitively expensive
17 or disruptive when considered in light of the following
18 factors: (i) the nature and cost of the accommodation
19 needed; (ii) the overall financial resources of the
20 facility or facilities involved in the provision of the
21 reasonable accommodation, the number of persons employed
22 at the facility, the effect on expenses and resources, or
23 the impact otherwise of the accommodation upon the
24 operation of the facility; (iii) the overall financial
25 resources of the employer, the overall size of the
26 business of the employer with respect to the number of its
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1 employees, and the number, type, and location of its
2 facilities; and (iv) the type of operation or operations
3 of the employer, including the composition, structure, and
4 functions of the workforce of the employer, the geographic
5 separateness, administrative, or fiscal relationship of
6 the facility or facilities in question to the employer.
7 The employer has the burden of proving undue hardship. The
8 fact that the employer provides or would be required to
9 provide a similar accommodation to similarly situated
10 employees creates a rebuttable presumption that the
11 accommodation does not impose an undue hardship on the
12 employer.
13 No employer is required by this subdivision (J) to
14 create additional employment that the employer would not
15 otherwise have created, unless the employer does so or
16 would do so for other classes of employees who need
17 accommodation. The employer is not required to discharge
18 any employee, transfer any employee with more seniority,
19 or promote any employee who is not qualified to perform
20 the job, unless the employer does so or would do so to
21 accommodate other classes of employees who need it.
22 (K) Notice.
23 (1) For an employer to fail to post or keep posted
24 in a conspicuous location on the premises of the
25 employer where notices to employees are customarily
26 posted, or fail to include in any employee handbook
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1 information concerning an employee's rights under this
2 Article, a notice, to be prepared or approved by the
3 Department, summarizing the requirements of this
4 Article and information pertaining to the filing of a
5 charge, including the right to be free from unlawful
6 discrimination, the right to be free from sexual
7 harassment, and the right to certain reasonable
8 accommodations. The Department shall make the
9 documents required under this paragraph available for
10 retrieval from the Department's website.
11 (2) Upon notification of a violation of paragraph
12 (1) of this subdivision (K), the Department may launch
13 a preliminary investigation. If the Department finds a
14 violation, the Department may issue a notice to show
15 cause giving the employer 30 days to correct the
16 violation. If the violation is not corrected, the
17 Department may initiate a charge of a civil rights
18 violation.
19 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
20 revised 10-7-24.)
21 (Text of Section after amendment by P.A. 103-804)
22 Sec. 2-102. Civil rights violations; employment violations -
23 employment. It is a civil rights violation:
24 (A) Employers. For any employer to refuse to hire, to
25 segregate, to engage in harassment as defined in
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1 subsection (E-1) of Section 2-101, or to act with respect
2 to recruitment, hiring, promotion, renewal of employment,
3 selection for training or apprenticeship, discharge,
4 discipline, tenure or terms, privileges or conditions of
5 employment on the basis of unlawful discrimination,
6 citizenship status, work authorization status, or family
7 responsibilities. An employer is responsible for
8 harassment of the employer's employees by the employer's
9 nonmanagerial and nonsupervisory employees, nonemployees
10 as defined in this Section, and third parties only if the
11 employer becomes aware of the conduct and fails to take
12 reasonable corrective measures. For purposes of this
13 Section, a third party includes, but is not limited to,
14 customers, clients, vendors, or other visitors.
15 (A-5) Language. For an employer to impose a
16 restriction that has the effect of prohibiting a language
17 from being spoken by an employee in communications that
18 are unrelated to the employee's duties.
19 For the purposes of this subdivision (A-5), "language"
20 means a person's native tongue, such as Polish, Spanish,
21 or Chinese. "Language" does not include such things as
22 slang, jargon, profanity, or vulgarity.
23 (A-10) Harassment of nonemployees. For any employer,
24 employment agency, or labor organization to engage in
25 harassment of nonemployees in the workplace. An employer
26 is responsible for harassment of nonemployees by the
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1 employer's nonmanagerial and nonsupervisory employees only
2 if the employer becomes aware of the conduct and fails to
3 take reasonable corrective measures. For the purposes of
4 this subdivision (A-10), "nonemployee" means a person who
5 is not otherwise an employee of the employer and is
6 directly performing services for the employer pursuant to
7 a contract with that employer. "Nonemployee" includes
8 contractors and consultants. This subdivision applies to
9 harassment occurring on or after January 1, 2020 (the
10 effective date of Public Act 101-221) this amendatory Act
11 of the 101st General Assembly.
12 (B) Employment agency. For any employment agency to
13 fail or refuse to classify properly, accept applications
14 and register for employment referral or apprenticeship
15 referral, refer for employment, or refer for
16 apprenticeship on the basis of unlawful discrimination,
17 citizenship status, work authorization status, or family
18 responsibilities or to accept from any person any job
19 order, requisition or request for referral of applicants
20 for employment or apprenticeship which makes or has the
21 effect of making unlawful discrimination or discrimination
22 on the basis of citizenship status, work authorization
23 status, or family responsibilities a condition of
24 referral.
25 (C) Labor organization. For any labor organization to
26 limit, segregate or classify its membership, or to limit
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1 employment opportunities, selection and training for
2 apprenticeship in any trade or craft, or otherwise to
3 take, or fail to take, any action which affects adversely
4 any person's status as an employee or as an applicant for
5 employment or as an apprentice, or as an applicant for
6 apprenticeships, or wages, tenure, hours of employment or
7 apprenticeship conditions on the basis of unlawful
8 discrimination, citizenship status, work authorization
9 status, or family responsibilities.
10 (D) Sexual harassment. For any employer, employee,
11 agent of any employer, employment agency or labor
12 organization to engage in sexual harassment. An ;
13 provided, that an employer shall be responsible for sexual
14 harassment of the employer's employees by nonemployees or
15 nonmanagerial and nonsupervisory employees, nonemployees
16 as defined in this Section, and third parties only if the
17 employer becomes aware of the conduct and fails to take
18 reasonable corrective measures. For purposes of this
19 Section, a third party includes, but is not limited to,
20 customers, clients, vendors, or other visitors.
21 (D-5) Sexual harassment of nonemployees. For any
22 employer, employee, agent of any employer, employment
23 agency, or labor organization to engage in sexual
24 harassment of nonemployees in the workplace. An employer
25 is responsible for sexual harassment of nonemployees by
26 the employer's nonmanagerial and nonsupervisory employees
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1 only if the employer becomes aware of the conduct and
2 fails to take reasonable corrective measures. For the
3 purposes of this subdivision (D-5), "nonemployee" means a
4 person who is not otherwise an employee of the employer
5 and is directly performing services for the employer
6 pursuant to a contract with that employer. "Nonemployee"
7 includes contractors and consultants. This subdivision
8 applies to sexual harassment occurring on or after January
9 1, 2020 (the effective date of Public Act 101-221) this
10 amendatory Act of the 101st General Assembly.
11 (E) Public employers. For any public employer to
12 refuse to permit a public employee under its jurisdiction
13 who takes time off from work in order to practice his or
14 her religious beliefs to engage in work, during hours
15 other than such employee's regular working hours,
16 consistent with the operational needs of the employer and
17 in order to compensate for work time lost for such
18 religious reasons. Any employee who elects such deferred
19 work shall be compensated at the wage rate which he or she
20 would have earned during the originally scheduled work
21 period. The employer may require that an employee who
22 plans to take time off from work in order to practice his
23 or her religious beliefs provide the employer with a
24 notice of his or her intention to be absent from work not
25 exceeding 5 days prior to the date of absence.
26 (E-5) Religious discrimination. For any employer to
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1 impose upon a person as a condition of obtaining or
2 retaining employment, including opportunities for
3 promotion, advancement, or transfer, any terms or
4 conditions that would require such person to violate or
5 forgo a sincerely held practice of his or her religion
6 including, but not limited to, the wearing of any attire,
7 clothing, or facial hair in accordance with the
8 requirements of his or her religion, unless, after
9 engaging in a bona fide effort, the employer demonstrates
10 that it is unable to reasonably accommodate the employee's
11 or prospective employee's sincerely held religious belief,
12 practice, or observance without undue hardship on the
13 conduct of the employer's business.
14 Nothing in this Section prohibits an employer from
15 enacting a dress code or grooming policy that may include
16 restrictions on attire, clothing, or facial hair to
17 maintain workplace safety or food sanitation.
18 (F) Training and apprenticeship programs. For any
19 employer, employment agency or labor organization to
20 discriminate against a person on the basis of age in the
21 selection, referral for or conduct of apprenticeship or
22 training programs.
23 (G) Immigration-related practices.
24 (1) for an employer to request for purposes of
25 satisfying the requirements of Section 1324a(b) of
26 Title 8 of the United States Code, as now or hereafter
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1 amended, more or different documents than are required
2 under such Section or to refuse to honor documents
3 tendered that on their face reasonably appear to be
4 genuine or to refuse to honor work authorization based
5 upon the specific status or term of status that
6 accompanies the authorization to work; or
7 (2) for an employer participating in the E-Verify
8 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
9 Programs for Employment Eligibility Confirmation
10 (enacted by PL 104-208, div. C title IV, subtitle A) to
11 refuse to hire, to segregate, or to act with respect to
12 recruitment, hiring, promotion, renewal of employment,
13 selection for training or apprenticeship, discharge,
14 discipline, tenure or terms, privileges or conditions
15 of employment without following the procedures under
16 the E-Verify Program.
17 (H) (Blank).
18 (I) Pregnancy. For an employer to refuse to hire, to
19 segregate, or to act with respect to recruitment, hiring,
20 promotion, renewal of employment, selection for training
21 or apprenticeship, discharge, discipline, tenure or terms,
22 privileges or conditions of employment on the basis of
23 pregnancy, childbirth, or medical or common conditions
24 related to pregnancy or childbirth. Women affected by
25 pregnancy, childbirth, or medical or common conditions
26 related to pregnancy or childbirth shall be treated the
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1 same for all employment-related purposes, including
2 receipt of benefits under fringe benefit programs, as
3 other persons not so affected but similar in their ability
4 or inability to work, regardless of the source of the
5 inability to work or employment classification or status.
6 (J) Pregnancy; reasonable accommodations.
7 (1) If after a job applicant or employee,
8 including a part-time, full-time, or probationary
9 employee, requests a reasonable accommodation, for an
10 employer to not make reasonable accommodations for any
11 medical or common condition of a job applicant or
12 employee related to pregnancy or childbirth, unless
13 the employer can demonstrate that the accommodation
14 would impose an undue hardship on the ordinary
15 operation of the business of the employer. The
16 employer may request documentation from the employee's
17 health care provider concerning the need for the
18 requested reasonable accommodation or accommodations
19 to the same extent documentation is requested for
20 conditions related to disability if the employer's
21 request for documentation is job-related and
22 consistent with business necessity. The employer may
23 require only the medical justification for the
24 requested accommodation or accommodations, a
25 description of the reasonable accommodation or
26 accommodations medically advisable, the date the
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1 reasonable accommodation or accommodations became
2 medically advisable, and the probable duration of the
3 reasonable accommodation or accommodations. It is the
4 duty of the individual seeking a reasonable
5 accommodation or accommodations to submit to the
6 employer any documentation that is requested in
7 accordance with this paragraph. Notwithstanding the
8 provisions of this paragraph, the employer may require
9 documentation by the employee's health care provider
10 to determine compliance with other laws. The employee
11 and employer shall engage in a timely, good faith, and
12 meaningful exchange to determine effective reasonable
13 accommodations.
14 (2) For an employer to deny employment
15 opportunities or benefits to or take adverse action
16 against an otherwise qualified job applicant or
17 employee, including a part-time, full-time, or
18 probationary employee, if the denial or adverse action
19 is based on the need of the employer to make reasonable
20 accommodations to the known medical or common
21 conditions related to the pregnancy or childbirth of
22 the applicant or employee.
23 (3) For an employer to require a job applicant or
24 employee, including a part-time, full-time, or
25 probationary employee, affected by pregnancy,
26 childbirth, or medical or common conditions related to
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1 pregnancy or childbirth to accept an accommodation
2 when the applicant or employee did not request an
3 accommodation and the applicant or employee chooses
4 not to accept the employer's accommodation.
5 (4) For an employer to require an employee,
6 including a part-time, full-time, or probationary
7 employee, to take leave under any leave law or policy
8 of the employer if another reasonable accommodation
9 can be provided to the known medical or common
10 conditions related to the pregnancy or childbirth of
11 an employee. No employer shall fail or refuse to
12 reinstate the employee affected by pregnancy,
13 childbirth, or medical or common conditions related to
14 pregnancy or childbirth to her original job or to an
15 equivalent position with equivalent pay and
16 accumulated seniority, retirement, fringe benefits,
17 and other applicable service credits upon her
18 signifying her intent to return or when her need for
19 reasonable accommodation ceases, unless the employer
20 can demonstrate that the accommodation would impose an
21 undue hardship on the ordinary operation of the
22 business of the employer.
23 For the purposes of this subdivision (J), "reasonable
24 accommodations" means reasonable modifications or
25 adjustments to the job application process or work
26 environment, or to the manner or circumstances under which
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1 the position desired or held is customarily performed,
2 that enable an applicant or employee affected by
3 pregnancy, childbirth, or medical or common conditions
4 related to pregnancy or childbirth to be considered for
5 the position the applicant desires or to perform the
6 essential functions of that position, and may include, but
7 is not limited to: more frequent or longer bathroom
8 breaks, breaks for increased water intake, and breaks for
9 periodic rest; private non-bathroom space for expressing
10 breast milk and breastfeeding; seating; assistance with
11 manual labor; light duty; temporary transfer to a less
12 strenuous or hazardous position; the provision of an
13 accessible worksite; acquisition or modification of
14 equipment; job restructuring; a part-time or modified work
15 schedule; appropriate adjustment or modifications of
16 examinations, training materials, or policies;
17 reassignment to a vacant position; time off to recover
18 from conditions related to childbirth; and leave
19 necessitated by pregnancy, childbirth, or medical or
20 common conditions resulting from pregnancy or childbirth.
21 For the purposes of this subdivision (J), "undue
22 hardship" means an action that is prohibitively expensive
23 or disruptive when considered in light of the following
24 factors: (i) the nature and cost of the accommodation
25 needed; (ii) the overall financial resources of the
26 facility or facilities involved in the provision of the
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1 reasonable accommodation, the number of persons employed
2 at the facility, the effect on expenses and resources, or
3 the impact otherwise of the accommodation upon the
4 operation of the facility; (iii) the overall financial
5 resources of the employer, the overall size of the
6 business of the employer with respect to the number of its
7 employees, and the number, type, and location of its
8 facilities; and (iv) the type of operation or operations
9 of the employer, including the composition, structure, and
10 functions of the workforce of the employer, the geographic
11 separateness, administrative, or fiscal relationship of
12 the facility or facilities in question to the employer.
13 The employer has the burden of proving undue hardship. The
14 fact that the employer provides or would be required to
15 provide a similar accommodation to similarly situated
16 employees creates a rebuttable presumption that the
17 accommodation does not impose an undue hardship on the
18 employer.
19 No employer is required by this subdivision (J) to
20 create additional employment that the employer would not
21 otherwise have created, unless the employer does so or
22 would do so for other classes of employees who need
23 accommodation. The employer is not required to discharge
24 any employee, transfer any employee with more seniority,
25 or promote any employee who is not qualified to perform
26 the job, unless the employer does so or would do so to
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1 accommodate other classes of employees who need it.
2 (K) Notice.
3 (1) For an employer to fail to post or keep posted
4 in a conspicuous location on the premises of the
5 employer where notices to employees are customarily
6 posted, or fail to include in any employee handbook
7 information concerning an employee's rights under this
8 Article, a notice, to be prepared or approved by the
9 Department, summarizing the requirements of this
10 Article and information pertaining to the filing of a
11 charge, including the right to be free from unlawful
12 discrimination, the right to be free from sexual
13 harassment, and the right to certain reasonable
14 accommodations. The Department shall make the
15 documents required under this paragraph available for
16 retrieval from the Department's website.
17 (2) Upon notification of a violation of paragraph
18 (1) of this subdivision (K), the Department may launch
19 a preliminary investigation. If the Department finds a
20 violation, the Department may issue a notice to show
21 cause giving the employer 30 days to correct the
22 violation. If the violation is not corrected, the
23 Department may initiate a charge of a civil rights
24 violation.
25 (L) Use of artificial intelligence.
26 (1) With respect to recruitment, hiring,
SB2419 - 39 - LRB104 11063 JRC 21145 b
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SB2419 - 40 - LRB104 11063 JRC 21145 b
1 promotion, renewal of employment, selection for
2 training or apprenticeship, discharge, discipline,
3 tenure, or the terms, privileges, or conditions of
4 employment, for an employer to use artificial
5 intelligence that has the effect of subjecting
6 employees to discrimination on the basis of protected
7 classes under this Article or to use zip codes as a
8 proxy for protected classes under this Article.
9 (2) For an employer to fail to provide notice to an
10 employee that the employer is using artificial
11 intelligence for the purposes described in paragraph
12 (1).
13 The Department shall adopt any rules necessary for the
14 implementation and enforcement of this subdivision,
15 including, but not limited to, rules on the circumstances
16 and conditions that require notice, the time period for
17 providing notice, and the means for providing notice.
18 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
19 103-804, eff. 1-1-26; revised 11-26-24.)
20 Section 95. No acceleration or delay. Where this Act makes
21 changes in a statute that is represented in this Act by text
22 that is not yet or no longer in effect (for example, a Section
23 represented by multiple versions), the use of that text does
24 not accelerate or delay the taking effect of (i) the changes
25 made by this Act or (ii) provisions derived from any other
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SB2419 - 41 - LRB104 11063 JRC 21145 b