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HB0008 Engrossed LRB098 00001 AJO 30001 b AN ACT concerning human rights.
HB0008 Enrolled LRB098 00001 AJO 30001 b AN ACT concerning human rights.
Indeed, employers are required to reasonably accommodate people with disabilities and HB0008 Engrossed - 2 - LRB098 00001 AJO 30001 b employees injured on the job.
Indeed, employers are required to reasonably accommodate people with disabilities.
Sadly, many employers refuse to provide reasonable accommodations or decline to extend workplace injury policies to pregnant women.
Sadly, HB0008 Enrolled - 2 - LRB098 00001 AJO 30001 b many employers refuse to provide reasonable accommodations or decline to extend workplace injury policies to pregnant women.
(1) to promote the State's interest in eradicating HB0008 Engrossed - 3 - LRB098 00001 AJO 30001 b gender discrimination, including discrimination based on pregnancy, childbirth, or conditions related to pregnancy or childbirth, and in promoting women's equality;
(1) to promote the State's interest in eradicating HB0008 Enrolled - 3 - LRB098 00001 AJO 30001 b gender discrimination, including discrimination based on pregnancy, childbirth, or conditions related to pregnancy or childbirth, and in promoting women's equality;
HB0008 Engrossed - 4 - LRB098 00001 AJO 30001 b (B) Freedom from Sexual Harassment-Employment and Elementary, Secondary, and Higher Education.
HB0008 Enrolled - 4 - LRB098 00001 AJO 30001 b (B) Freedom from Sexual Harassment-Employment and Elementary, Secondary, and Higher Education.
To establish Equal Opportunity and Affirmative Action as the policies of this State in all of its decisions, programs and activities, and to assure that all State departments, boards, commissions and instrumentalities rigorously take affirmative action to provide equality of opportunity and eliminate the effects of past discrimination in the internal affairs of State government HB0008 Engrossed - 5 - LRB098 00001 AJO 30001 b and in their relations with the public.
To establish Equal Opportunity and Affirmative Action as the policies of this State in all of its decisions, programs and activities, and to assure that all State departments, boards, commissions and instrumentalities rigorously take affirmative action to provide equality of opportunity and eliminate the effects of past discrimination in the internal affairs of State government HB0008 Enrolled - 5 - LRB098 00001 AJO 30001 b and in their relations with the public.
HB0008 Engrossed - 6 - LRB098 00001 AJO 30001 b (D) Civil Rights Violation.
HB0008 Enrolled - 6 - LRB098 00001 AJO 30001 b (D) Civil Rights Violation.
(1) For purposes of Article 2 is unrelated to the person's ability to perform the duties of a particular job HB0008 Engrossed - 7 - LRB098 00001 AJO 30001 b or position and, pursuant to Section 2-104 of this Act, a person's illegal use of drugs or alcohol is not a disability;
(1) For purposes of Article 2 is unrelated to the person's ability to perform the duties of a particular job HB0008 Enrolled - 7 - LRB098 00001 AJO 30001 b or position and, pursuant to Section 2-104 of this Act, a person's illegal use of drugs or alcohol is not a disability;
"National origin" means the place in HB0008 Engrossed - 8 - LRB098 00001 AJO 30001 b which a person or one of his or her ancestors was born.
"National origin" means the place in HB0008 Enrolled - 8 - LRB098 00001 AJO 30001 b which a person or one of his or her ancestors was born.
"Pregnancy" means pregnancy, childbirth, or conditions related to pregnancy or childbirth.
"Pregnancy" means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.
"Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not HB0008 Engrossed - 9 - LRB098 00001 AJO 30001 b traditionally associated with the person's designated sex at birth.
"Sexual orientation" means actual or perceived heterosexuality, homosexuality, HB0008 Enrolled - 9 - LRB098 00001 AJO 30001 b bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth.
(a) Any individual performing services for remuneration within this State for an employer;
(a) Any individual performing services for HB0008 Enrolled - 10 - LRB098 00001 AJO 30001 b remuneration within this State for an employer;
HB0008 Engrossed - 10 - LRB098 00001 AJO 30001 b (b) An apprentice;
(b) An apprentice;
(b) Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability , pregnancy, or sexual harassment;
(b) Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability , pregnancy, HB0008 Enrolled - 11 - LRB098 00001 AJO 30001 b or sexual harassment;
HB0008 Engrossed - 11 - LRB098 00001 AJO 30001 b (c) The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
(c) The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
"Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the HB0008 Engrossed - 12 - LRB098 00001 AJO 30001 b rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
"Labor Organization" includes any organization, labor union, craft union, or any voluntary HB0008 Enrolled - 12 - LRB098 00001 AJO 30001 b unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
"Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision.
"Public employer" means the State, an agency or department thereof, unit of local government, school HB0008 Enrolled - 13 - LRB098 00001 AJO 30001 b district, instrumentality or political subdivision.
HB0008 Engrossed - 13 - LRB098 00001 AJO 30001 b (H) Public Employee.
(H) Public Employee.
(1) a born U.S.
HB0008 Enrolled - 14 - LRB098 00001 AJO 30001 b (1) a born U.S.
HB0008 Engrossed - 14 - LRB098 00001 AJO 30001 b (2) a naturalized U.S.
(2) a naturalized U.S.
"Language" does not include such things as slang, jargon, profanity, or vulgarity.
"Language" does not include such things as slang, HB0008 Enrolled - 15 - LRB098 00001 AJO 30001 b jargon, profanity, or vulgarity.
HB0008 Engrossed - 15 - LRB098 00001 AJO 30001 b (B) Employment Agency.
(B) Employment Agency.
provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to HB0008 Engrossed - 16 - LRB098 00001 AJO 30001 b take reasonable corrective measures.
provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees HB0008 Enrolled - 16 - LRB098 00001 AJO 30001 b only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
(1) for an employer to request for purposes of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required under such Section or to refuse to honor documents tendered that on HB0008 Engrossed - 17 - LRB098 00001 AJO 30001 b their face reasonably appear to be genuine;
(1) for an employer to request for purposes of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required under such HB0008 Enrolled - 17 - LRB098 00001 AJO 30001 b Section or to refuse to honor documents tendered that on their face reasonably appear to be genuine;
For an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, HB0008 Engrossed - 18 - LRB098 00001 AJO 30001 b privileges or conditions of employment on the basis of pregnancy, childbirth, or related medical conditions related to pregnancy or childbirth.
For an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or HB0008 Enrolled - 18 - LRB098 00001 AJO 30001 b apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of pregnancy, childbirth, or related medical or common conditions related to pregnancy or childbirth.
Women affected by pregnancy, childbirth, or related medical conditions related to pregnancy or childbirth shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, regardless of the source of the inability to work or employment classification or status, including part-time, full-time, or probationary.
Women affected by pregnancy, childbirth, or related medical or common conditions related to pregnancy or childbirth shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, regardless of the source of the inability to work or employment classification or status.
(1) For an employer to not make reasonable accommodations for any condition of a job applicant or employee related to pregnancy or childbirth, if she so requests, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
(1) If after a job applicant or employee, including a part-time, full-time, or probationary employee, requests a reasonable accommodation, for an employer to not make reasonable accommodations for any medical or common condition of a job applicant or employee related to pregnancy or childbirth, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
If the employer requests a certificate from the employee's health care provider concerning the need for the requested reasonable accommodation or accommodations and the request by the employer for documentation is job-related and consistent with business necessity, the employer may require only the medical justification for the requested accommodation or accommodations, a description of the reasonable accommodation or accommodations medically HB0008 Engrossed - 19 - LRB098 00001 AJO 30001 b advisable, the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommodations.
The employer may request documentation from the employee's health care provider concerning the need for the requested reasonable accommodation or accommodations to the same extent documentation is requested for conditions related to disability if the employer's request for documentation is job-related and consistent with business HB0008 Enrolled - 19 - LRB098 00001 AJO 30001 b necessity.
Notwithstanding the provisions of this paragraph, the employer may require a certificate by the employee's health care provider to determine compliance with other laws.
The employer may require only the medical justification for the requested accommodation or accommodations, a description of the reasonable accommodation or accommodations medically advisable, the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommodations.
The employer shall engage in a timely, good faith, and meaningful exchange with the employee to determine effective reasonable accommodations.
It is the duty of the individual seeking a reasonable accommodation or accommodations to submit to the employer any documentation that is requested in accordance with this paragraph.
(2) For an employer to deny employment opportunities or benefits to or take adverse action against an otherwise qualified job applicant or employee, if the denial or adverse action is based on the need of the employer to make reasonable accommodations to the known conditions related to the pregnancy or childbirth of the applicant or employee.
Notwithstanding the provisions of this paragraph, the employer may require documentation by the employee's health care provider to determine compliance with other laws.
(3) For an employer to require a job applicant or employee affected by pregnancy, childbirth, or conditions related to pregnancy or childbirth to accept an accommodation that the applicant or employee chooses not to accept.
The employee and employer shall engage in a timely, good faith, and meaningful exchange to determine effective reasonable accommodations.
(4) For an employer to require an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known conditions related to the pregnancy or childbirth of an employee.
(2) For an employer to deny employment opportunities or benefits to or take adverse action against an otherwise qualified job applicant or employee, including a part-time, full-time, or probationary employee, if the denial or adverse action is based on the need of the employer to make reasonable accommodations to the known medical or common conditions related to the pregnancy or childbirth of the applicant or employee.
No employer shall fail or refuse to reinstate HB0008 Engrossed - 20 - LRB098 00001 AJO 30001 b the employee affected by pregnancy or childbirth, or conditions related to pregnancy or childbirth to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon her signifying her intent to return or when her need for reasonable accommodation ceases, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
(3) For an employer to require a job applicant or employee, including a part-time, full-time, or HB0008 Enrolled - 20 - LRB098 00001 AJO 30001 b probationary employee, affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to accept an accommodation when the applicant or employee did not request an accommodation and the applicant or employee chooses not to accept the employer's accommodation.
For the purposes of this subdivision (J), "reasonable accommodations" means reasonable modifications or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or held is customarily performed, that enable an applicant or employee affected by pregnancy, childbirth, or conditions related to pregnancy or childbirth to be considered for the position the applicant desires or to perform the essential functions of that position, and may include, but is not limited to:
(4) For an employer to require an employee, including a part-time, full-time, or probationary employee, to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known medical or common conditions related to the pregnancy or childbirth of an employee.
No employer shall fail or refuse to reinstate the employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon her signifying her intent to return or when her need for reasonable accommodation ceases, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
For the purposes of this subdivision (J), "reasonable accommodations" means reasonable modifications or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or HB0008 Enrolled - 21 - LRB098 00001 AJO 30001 b held is customarily performed, that enable an applicant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to be considered for the position the applicant desires or to perform the essential functions of that position, and may include, but is not limited to:
a part-time or HB0008 Engrossed - 21 - LRB098 00001 AJO 30001 b modified work schedule;
a part-time or modified work schedule;
time off to recover from childbirth;
time off to recover from conditions related to childbirth;
and leave.
and leave necessitated by pregnancy, childbirth, or medical or common conditions resulting from pregnancy or childbirth.
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(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon the operation of the facility;
(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon HB0008 Enrolled - 22 - LRB098 00001 AJO 30001 b the operation of the facility;
HB0008 Engrossed - 22 - LRB098 00001 AJO 30001 b No employer is required by this subdivision (J) to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.
No employer is required by this subdivision (J) to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.
(1) For an employer to fail to post or keep posted in a conspicuous location on the premises of the employer where notices to employees are customarily posted, or fail to include in any employee handbook information concerning an employee's rights under this Article, a notice, to be prepared or approved by the Department, summarizing the requirements of this Article and information pertaining to the filing of a charge, including the right to be free from unlawful discrimination and the right to certain reasonable accommodations.
(1) For an employer to fail to post or keep posted in a conspicuous location on the premises of the employer where HB0008 Enrolled - 23 - LRB098 00001 AJO 30001 b notices to employees are customarily posted, or fail to include in any employee handbook information concerning an employee's rights under this Article, a notice, to be prepared or approved by the Department, summarizing the requirements of this Article and information pertaining to the filing of a charge, including the right to be free from unlawful discrimination and the right to certain reasonable accommodations.
If the Department finds a violation, the Department may issue a notice to show cause HB0008 Engrossed - 23 - LRB098 00001 AJO 30001 b giving the employer 30 days to correct the violation.
If the Department finds a violation, the Department may issue a notice to show cause giving the employer 30 days to correct the violation.
Retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual harassment in employment or sexual harassment in elementary, secondary, and higher education, discrimination based on citizenship status in employment, or because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because he or she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;
Retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual HB0008 Enrolled - 24 - LRB098 00001 AJO 30001 b harassment in employment or sexual harassment in elementary, secondary, and higher education, discrimination based on citizenship status in employment, or because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because he or she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act;
HB0008 Engrossed - 24 - LRB098 00001 AJO 30001 b Definitions.
Definitions.
This Act takes effect upon becoming law.
This Act takes effect January 1, 2015.
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