HB0008 EngrossedEnrolled LRB098 00001 AJO 30001 b AN ACT concerning human rights.
Indeed, employers are required to reasonably accommodate people with disabilitiesdisabilities. and HB0008 Engrossed - 2 - LRB098 00001 AJO 30001 b employees injured on the job.
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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 5 - LRB098 00001 AJO 30001 b and in their relations with the public.
HB0008 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 8 - LRB098 00001 AJO 30001 b which a person or one of his or her ancestors was born.
"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 EngrossedEnrolled - 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 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) 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;
"Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the HB0008 EngrossedEnrolled - 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 HB0008 Enrolled - 13 - LRB098 00001 AJO 30001 b district, instrumentality or political subdivision.
HB0008 Engrossed - 13 - LRB098 00001 AJO 30001 b (H) Public Employee.
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.
"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.
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 HB0008 Engrossed - 16 - LRB098 00001 AJO 30001 b 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 SectionHB0008 orEnrolled to- refuse17 to- honorLRB098 documents00001 tenderedAJO that30001 onb HB0008Section Engrossedor -to 17refuse -to LRB098honor 00001documents AJOtendered 30001that bon 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 EngrossedEnrolled - 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 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,status. including part-time, full-time, or probationary.
(1) ForIf 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, 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.
IfThe the employer requestsmay arequest certificatedocumentation from the employee's health care provider concerning the need for the requested reasonable accommodation or accommodations andto the requestsame byextent the employer for documentation is job-relatedrequested andfor consistentconditions withrelated businessto necessity,disability theif employer may require only the medicalemployer's justificationrequest for thedocumentation requestedis accommodationjob-related orand accommodations,consistent awith descriptionbusiness of the reasonable accommodation or accommodations medically HB0008 EngrossedEnrolled - 19 - LRB098 00001 AJO 30001 b advisable,necessity. the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommodations.
NotwithstandingThe theemployer provisionsmay ofrequire thisonly paragraph,the medical justification for the employerrequested mayaccommodation requireor accommodations, a certificatedescription byof the employee'sreasonable healthaccommodation careor provideraccommodations tomedically determineadvisable, compliancethe withdate otherthe laws.reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommodations.
TheIt employeris shallthe engageduty inof the individual seeking a timely,reasonable goodaccommodation faith,or andaccommodations meaningfulto exchangesubmit withto the employeeemployer toany determinedocumentation effectivethat reasonableis accommodations.requested in accordance with this paragraph.
(2)Notwithstanding For an employer to deny employment opportunities or benefits to or take adverse action against an otherwise qualified job applicant or employee, if the denialprovisions orof adversethis actionparagraph, is based on the need of the employer tomay makerequire reasonabledocumentation accommodationsby to the knownemployee's conditionshealth relatedcare provider to thedetermine pregnancycompliance orwith childbirthother oflaws. the applicant or employee.
(3)The Foremployee anand employer toshall requireengage in a jobtimely, applicantgood orfaith, employeeand affectedmeaningful byexchange pregnancy, childbirth, or conditions related to pregnancydetermine oreffective childbirthreasonable toaccommodations. accept an accommodation that the applicant or employee chooses not to accept.
(4)(2) For an employer to requiredeny anemployment employeeopportunities or benefits to or take leaveadverse underaction anyagainst leavean lawotherwise qualified job applicant or policyemployee, ofincluding thea employerpart-time, full-time, or probationary employee, if anotherthe reasonabledenial accommodationor canadverse beaction providedis 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 anthe applicant or employee.
No(3) For an employer shallto failrequire a job applicant or refuseemployee, toincluding reinstatea part-time, full-time, or HB0008 EngrossedEnrolled - 20 - LRB098 00001 AJO 30001 b theprobationary employeeemployee, affected by pregnancypregnancy, childbirth, or childbirth,medical or common conditions related to pregnancy or childbirth to heraccept original job or to an equivalentaccommodation positionwhen withthe equivalentapplicant pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon her signifying her intent to return or whenemployee herdid neednot forrequest reasonablean accommodation ceases,and unless the employerapplicant canor demonstrateemployee thatchooses thenot accommodationto wouldaccept impose an undue hardship on the ordinaryemployer's operationaccommodation. of the business of the employer.
(4) For thean purposesemployer ofto thisrequire subdivisionan (J),employee, "reasonableincluding accommodations"a meanspart-time, reasonablefull-time, modifications or adjustmentsprobationary toemployee, the job application process or work environment, or to thetake mannerleave or circumstances under whichany theleave positionlaw desired or heldpolicy isof customarilythe performed,employer thatif enableanother anreasonable applicantaccommodation orcan employeebe affectedprovided byto pregnancy,the childbirth,known medical or common conditions related to the pregnancy or childbirth to be considered for the position the applicant desires or to perform the essential functions of thatan position,employee. and may include, but is not limited to:
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;
time off to recover from conditions related to childbirth;
and leave.leave necessitated by pregnancy, childbirth, or medical or common conditions resulting from pregnancy or childbirth.
(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.
(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.
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.
This Act takes effect uponJanuary becoming1, law.2015.