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1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Article 1.
5		Section 1-1. Short title. This Article may be cited as the
6		Workplace Transparency Act. References in this Article to "this
7		Act" mean this Article.
8		Section 1-5. Definitions. As used in this Act:
9		"Arbitration agreement" means an agreement between an
10		employer and an employee to submit to arbitration all or
11		certain disputes that arise in respect of a defined legal
12		relationship, whether contractual or not, and may be in the
13		form of an arbitration clause in a contract or in the form of a
14		separate agreement.
15		"Employee" has the same meaning as set forth in Section
16		2-101 of the Illinois Human Rights Act.
17		"Employer" has the same meaning as set forth in Section
18		2-101 of the Illinois Human Rights Act.
19		"Nondisclosure clause" means a provision in a contract or
20		agreement between an employer and employee establishing that
21		the parties to the contract or agreement agree not to disclose
22		information covered by the terms and conditions of the contract

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1		or agreement.
2		"Nondisparagement clause" means a provision in a contract
3		or agreement between an employer and employee requiring one or
4		more parties to the contract or agreement not to make negative
5		statements about the other.
6		"Sexual harassment" has the same meaning as set forth in
7		Section 2-101 of the Illinois Human Rights Act.
8		Section 1-10. Prohibitions.
9		(a) An employer may not enter into a contract or agreement
10		with an employee or applicant, as a condition of employment,
11		promotion, compensation, benefits, or change in employment
12		status or contractual relationship, or as a term, condition, or
13		privilege of employment, if that contract or agreement contains
14		a nondisclosure or nondisparagement clause that covers
15		harassment or discrimination as provided under Section 2-102 of
16		the Illinois Human Rights Act. Any such nondisclosure or
17		nondisparagement clause is severable, and all other provisions
18		of the employment contract shall remain in effect.
19		(b) Notwithstanding any other provision of law, an employer
20		may not enforce or attempt to enforce a nondisparagement clause
21		or nondisclosure clause described in subsection (a) or
22		retaliate against an employee or applicant for reporting,
23		resisting, opposing, or assisting in the investigation of
24		harassment or discrimination as provided in Section 2-102 of
25		the Illinois Human Rights Act.

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1		(c) Except when inconsistent with federal or State law, an
2		employer may enter into a contract or agreement with an
3		employee or applicant. However, an arbitration clause shall
4		contain a written exception for claims of harassment or
5		discrimination, as provided under Section 2-102 of the Illinois
6		Human Rights Act, and shall allow an employee or applicant to
7		pursue such claims against the employer through either arbitral
8		or judicial forums.
9		(d) An employer may not enforce or attempt to enforce an
10		arbitration clause entered into if the clause does not contain
11		the written exception required in subsection (c). Any such
12		arbitration clause is severable, and all other provisions of
13		the contract or agreement shall remain in effect.
14		Section 1-15. Voidable agreements. A contract or agreement
15		containing a provision contrary to this Act that was entered
16		into on or before the effective date of this Act shall be
17		voidable by a party who entered into it under any of the
18		following circumstances:
19		(1) while under duress in the execution of the contract or
20		agreement;
21		(2) while incompetent or impaired at the time of execution
22		of the contract or agreement; or
23		(3) while a minor at the time of execution of the contract
24		or agreement, regardless of whether the person was represented
25		at the time by counsel, a guardian, or a parent.

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1		Section 1-20. Unconscionable terms. There is a rebuttable
2		presumption that the following contractual terms are
3		unconscionable if they are included in an arbitration agreement
4		and the employee or applicant does not draft the contract or
5		agreement:
6		(1) A requirement that resolution of legal claims take
7		place in an inconvenient venue. As used in this paragraph,
8		"inconvenient venue" means: (i) for State law claims, a place
9		other than the county in which the employee or applicant
10		resides or the contract was consummated; and (ii) for federal
11		law claims, a place other than the federal judicial district in
12		which the employee or applicant resides or the contract was
13		consummated.
14		(2) A waiver of the employee or applicant's right to assert
15		claims or seek remedies provided by State or federal statute.
16		(3) A waiver of the employee or applicant's right to seek
17		punitive damages as provided by law.
18		(4) A provision limiting the time that an employee or
19		applicant may bring an action to a period shorter than the
20		applicable statute of limitations.
21		(5) A requirement that the employee or applicant pay fees
22		and costs to bring a legal claim substantially in excess of the
23		fees and costs that State or federal courts require to bring a
24		claim.

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1		Section 1-25. Settlement or separation agreements.
2		(a) This Act does not apply to a nondisclosure clause or
3		nondisparagement clause contained in a settlement agreement or
4		separation agreement that resolves legal claims or disputes if:
5		(1) the legal claims accrued or the disputes arose
6		before the settlement agreement or separation agreement
7		was executed;
8		(2) the clauses are mutually agreed upon and mutually
9		benefit both the employer and the employee;
10		(3) the settlement or separation agreement is provided
11		to all parties, unless knowingly and voluntarily waived by
12		the employee or applicant, and the employee or applicant
13		has 21 calendar days to consider the agreement before it is
14		executed; and
15		(4) unless knowingly and voluntarily waived by the
16		employee or applicant, the employee or applicant has 7
17		calendar days following execution of the agreement to
18		revoke the agreement and the agreement is not effective or
19		enforceable until the revocation period has expired.
20		(b) An employer may not unilaterally include a
21		nondisclosure clause or nondisparagement clause that solely
22		benefits the employer in a separation or settlement agreement.
23		(c) Notwithstanding signing, before or after the effective
24		date of this Act, a settlement or separation agreement
25		containing a nondisclosure or nondisparagement clause, an
26		employee or applicant retains any right that person would

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1		otherwise have had to report a concern about workplace
2		harassment or discrimination, including sexual harassment or
3		another violation of the law, to the Department of Human Rights
4		or any other federal, State, or local agency, and any right
5		that person would otherwise have had to bring an action in a
6		court of this State or of the United States.
7		Section 1-30. Enforcement. A violation of this Act
8		constitutes a civil rights violation under the Illinois Human
9		Rights Act.
10		Section 1-35. Application. If there is a conflict between
11		any collective bargaining agreement and this Act, the
12		collective bargaining agreement controls.
13		Section 1-40. Limitations. This Act shall not be construed
14		to limit an employer's ability to require confidentiality of:
15		(1) An employee who receives complaints of workplace
16		harassment, including sexual harassment, or other employment
17		discrimination as a part of his or her assigned job duties; or
18		(2) An individual who is notified and requested to
19		participate in an open and ongoing investigation into alleged
20		workplace harassment, including sexual harassment, or other
21		employment discrimination and requested to maintain reasonable
22		confidentiality during the pendency of that investigation.

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1		Section 1-45. Severability. The provisions of this Act are
2		severable under Section 1.31 of the Statute on Statutes.
3		Article 2.
4		Section 2-5. The Freedom of Information Act is amended by
5		changing Section 7.5 as follows:
6		(5 ILCS 140/7.5)
7		Sec. 7.5. Statutory exemptions. To the extent provided for
8		by the statutes referenced below, the following shall be exempt
9		from inspection and copying:
10		(a) All information determined to be confidential
11		under Section 4002 of the Technology Advancement and
12		Development Act.
13		(b) Library circulation and order records identifying
14		library users with specific materials under the Library
15		Records Confidentiality Act.
16		(c) Applications, related documents, and medical
17		records received by the Experimental Organ Transplantation
18		Procedures Board and any and all documents or other records
19		prepared by the Experimental Organ Transplantation
20		Procedures Board or its staff relating to applications it
21		has received.
22		(d) Information and records held by the Department of
23		Public Health and its authorized representatives relating

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1		to known or suspected cases of sexually transmissible
2		disease or any information the disclosure of which is
3		restricted under the Illinois Sexually Transmissible
4		Disease Control Act.
5		(e) Information the disclosure of which is exempted
6		under Section 30 of the Radon Industry Licensing Act.
7		(f) Firm performance evaluations under Section 55 of
8		the Architectural, Engineering, and Land Surveying
9		Qualifications Based Selection Act.
10		(g) Information the disclosure of which is restricted
11		and exempted under Section 50 of the Illinois Prepaid
12		Tuition Act.
13		(h) Information the disclosure of which is exempted
14		under the State Officials and Employees Ethics Act, and
15		records of any lawfully created State or local inspector
16		general's office that would be exempt if created or
17		obtained by an Executive Inspector General's office under
18		that Act.
19		(i) Information contained in a local emergency energy
20		plan submitted to a municipality in accordance with a local
21		emergency energy plan ordinance that is adopted under
22		Section 11-21.5-5 of the Illinois Municipal Code.
23		(j) Information and data concerning the distribution
24		of surcharge moneys collected and remitted by carriers
25		under the Emergency Telephone System Act.
26		(k) Law enforcement officer identification information

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1		or driver identification information compiled by a law
2		enforcement agency or the Department of Transportation
3		under Section 11-212 of the Illinois Vehicle Code.
4		(l) Records and information provided to a residential
5		health care facility resident sexual assault and death
6		review team or the Executive Council under the Abuse
7		Prevention Review Team Act.
8		(m) Information provided to the predatory lending
9		database created pursuant to Article 3 of the Residential
10		Real Property Disclosure Act, except to the extent
11		authorized under that Article.
12		(n) Defense budgets and petitions for certification of
13		compensation and expenses for court appointed trial
14		counsel as provided under Sections 10 and 15 of the Capital
15		Crimes Litigation Act. This subsection (n) shall apply
16		until the conclusion of the trial of the case, even if the
17		prosecution chooses not to pursue the death penalty prior
18		to trial or sentencing.
19		(o) Information that is prohibited from being
20		disclosed under Section 4 of the Illinois Health and
21		Hazardous Substances Registry Act.
22		(p) Security portions of system safety program plans,
23		investigation reports, surveys, schedules, lists, data, or
24		information compiled, collected, or prepared by or for the
25		Regional Transportation Authority under Section 2.11 of
26		the Regional Transportation Authority Act or the St. Clair

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1		County Transit District under the Bi-State Transit Safety
2		Act.
3		(q) Information prohibited from being disclosed by the
4		Personnel Record Records Review Act.
5		(r) Information prohibited from being disclosed by the
6		Illinois School Student Records Act.
7		(s) Information the disclosure of which is restricted
8		under Section 5-108 of the Public Utilities Act.
9		(t) All identified or deidentified health information
10		in the form of health data or medical records contained in,
11		stored in, submitted to, transferred by, or released from
12		the Illinois Health Information Exchange, and identified
13		or deidentified health information in the form of health
14		data and medical records of the Illinois Health Information
15		Exchange in the possession of the Illinois Health
16		Information Exchange Authority due to its administration
17		of the Illinois Health Information Exchange. The terms
18		"identified" and "deidentified" shall be given the same
19		meaning as in the Health Insurance Portability and
20		Accountability Act of 1996, Public Law 104-191, or any
21		subsequent amendments thereto, and any regulations
22		promulgated thereunder.
23		(u) Records and information provided to an independent
24		team of experts under the Developmental Disability and
25		Mental Health Safety Act (also known as Brian's Law).
26		(v) Names and information of people who have applied

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1		for or received Firearm Owner's Identification Cards under
2		the Firearm Owners Identification Card Act or applied for
3		or received a concealed carry license under the Firearm
4		Concealed Carry Act, unless otherwise authorized by the
5		Firearm Concealed Carry Act; and databases under the
6		Firearm Concealed Carry Act, records of the Concealed Carry
7		Licensing Review Board under the Firearm Concealed Carry
8		Act, and law enforcement agency objections under the
9		Firearm Concealed Carry Act.
10		(w) Personally identifiable information which is
11		exempted from disclosure under subsection (g) of Section
12		19.1 of the Toll Highway Act.
13		(x) Information which is exempted from disclosure
14		under Section 5-1014.3 of the Counties Code or Section
15		8-11-21 of the Illinois Municipal Code.
16		(y) Confidential information under the Adult
17		Protective Services Act and its predecessor enabling
18		statute, the Elder Abuse and Neglect Act, including
19		information about the identity and administrative finding
20		against any caregiver of a verified and substantiated
21		decision of abuse, neglect, or financial exploitation of an
22		eligible adult maintained in the Registry established
23		under Section 7.5 of the Adult Protective Services Act.
24		(z) Records and information provided to a fatality
25		review team or the Illinois Fatality Review Team Advisory
26		Council under Section 15 of the Adult Protective Services

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1		Act.
2		(aa) Information which is exempted from disclosure
3		under Section 2.37 of the Wildlife Code.
4		(bb) Information which is or was prohibited from
5		disclosure by the Juvenile Court Act of 1987.
6		(cc) Recordings made under the Law Enforcement
7		Officer-Worn Body Camera Act, except to the extent
8		authorized under that Act.
9		(dd) Information that is prohibited from being
10		disclosed under Section 45 of the Condominium and Common
11		Interest Community Ombudsperson Act.
12		(ee) Information that is exempted from disclosure
13		under Section 30.1 of the Pharmacy Practice Act.
14		(ff) Information that is exempted from disclosure
15		under the Revised Uniform Unclaimed Property Act.
16		(gg) Information that is prohibited from being
17		disclosed under Section 7-603.5 of the Illinois Vehicle
18		Code.
19		(hh) Records that are exempt from disclosure under
20		Section 1A-16.7 of the Election Code.
21		(ii) Information which is exempted from disclosure
22		under Section 2505-800 of the Department of Revenue Law of
23		the Civil Administrative Code of Illinois.
24		(jj) Information and reports that are required to be
25		submitted to the Department of Labor by registering day and
26		temporary labor service agencies but are exempt from

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1		disclosure under subsection (a-1) of Section 45 of the Day
2		and Temporary Labor Services Act.
3		(kk) Information prohibited from disclosure under the
4		Seizure and Forfeiture Reporting Act.
5		(ll) Information the disclosure of which is restricted
6		and exempted under Section 5-30.8 of the Illinois Public
7		Aid Code.
8		(mm) (ll) Records that are exempt from disclosure under
9		Section 4.2 of the Crime Victims Compensation Act.
10		(nn) (ll) Information that is exempt from disclosure
11		under Section 70 of the Higher Education Student Assistance
12		Act.
13		(oo) Data reported by an employer to the Department of
14		Human Rights pursuant to Section 2-108 of the Illinois
15		Human Rights Act.
16		(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
17		eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
18		99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
19		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
20		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
21		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
22		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
23		10-12-18.)
24		Section 2-10. The Uniform Arbitration Act is amended by
25		changing Section 1 as follows:

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1		(710 ILCS 5/1) (from Ch. 10, par. 101)
2		Sec. 1. Validity of arbitration agreement. A written
3		agreement to submit any existing controversy to arbitration or
4		a provision in a written contract to submit to arbitration any
5		controversy thereafter arising between the parties is valid,
6		enforceable and irrevocable save upon such grounds as exist for
7		the revocation of any contract, except: (1) as provided in the
8		Workplace Transparency Act; and (2) that any agreement between
9		a patient and a hospital or health care provider to submit to
10		binding arbitration a claim for damages arising out of (i) (1)
11		injuries alleged to have been received by a patient, or (ii)
12		(2) death of a patient, due to hospital or health care provider
13		negligence or other wrongful act, but not including intentional
14		torts, is also subject to the Health Care Arbitration Act.
15		(Source: P.A. 80-1012; 80-1031.)
16		Section 2-15. The Illinois Human Rights Act is amended by
17		changing Sections 1-103, 2-101, 2-102, and 6-102 and by adding
18		Sections 2-108, 7-114, and 8-109.1 as follows:
19		(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
20		Sec. 1-103. General definitions. When used in this Act,
21		unless the context requires otherwise, the term:
22		(A) Age. "Age" means the chronological age of a person who
23		is at least 40 years old, except with regard to any practice

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1		described in Section 2-102, insofar as that practice concerns
2		training or apprenticeship programs. In the case of training or
3		apprenticeship programs, for the purposes of Section 2-102,
4		"age" means the chronological age of a person who is 18 but not
5		yet 40 years old.
6		(B) Aggrieved party. "Aggrieved party" means a person who
7		is alleged or proved to have been injured by a civil rights
8		violation or believes he or she will be injured by a civil
9		rights violation under Article 3 that is about to occur.
10		(C) Charge. "Charge" means an allegation filed with the
11		Department by an aggrieved party or initiated by the Department
12		under its authority.
13		(D) Civil rights violation. "Civil rights violation"
14		includes and shall be limited to only those specific acts set
15		forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
16		3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
17		6-101, and 6-102 of this Act.
18		(E) Commission. "Commission" means the Human Rights
19		Commission created by this Act.
20		(F) Complaint. "Complaint" means the formal pleading filed
21		by the Department with the Commission following an
22		investigation and finding of substantial evidence of a civil
23		rights violation.
24		(G) Complainant. "Complainant" means a person including
25		the Department who files a charge of civil rights violation
26		with the Department or the Commission.

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1		(H) Department. "Department" means the Department of Human
2		Rights created by this Act.
3		(I) Disability. "Disability" means a determinable physical
4		or mental characteristic of a person, including, but not
5		limited to, a determinable physical characteristic which
6		necessitates the person's use of a guide, hearing or support
7		dog, the history of such characteristic, or the perception of
8		such characteristic by the person complained against, which may
9		result from disease, injury, congenital condition of birth or
10		functional disorder and which characteristic:
11		(1) For purposes of Article 2, is unrelated to the
12		person's ability to perform the duties of a particular job
13		or position and, pursuant to Section 2-104 of this Act, a
14		person's illegal use of drugs or alcohol is not a
15		disability;
16		(2) For purposes of Article 3, is unrelated to the
17		person's ability to acquire, rent, or maintain a housing
18		accommodation;
19		(3) For purposes of Article 4, is unrelated to a
20		person's ability to repay;
21		(4) For purposes of Article 5, is unrelated to a
22		person's ability to utilize and benefit from a place of
23		public accommodation;
24		(5) For purposes of Article 5, also includes any
25		mental, psychological, or developmental disability,
26		including autism spectrum disorders.

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1		(J) Marital status. "Marital status" means the legal status
2		of being married, single, separated, divorced, or widowed.
3		(J-1) Military status. "Military status" means a person's
4		status on active duty in or status as a veteran of the armed
5		forces of the United States, status as a current member or
6		veteran of any reserve component of the armed forces of the
7		United States, including the United States Army Reserve, United
8		States Marine Corps Reserve, United States Navy Reserve, United
9		States Air Force Reserve, and United States Coast Guard
10		Reserve, or status as a current member or veteran of the
11		Illinois Army National Guard or Illinois Air National Guard.
12		(K) National origin. "National origin" means the place in
13		which a person or one of his or her ancestors was born.
14		(K-5) "Order of protection status" means a person's status
15		as being a person protected under an order of protection issued
16		pursuant to the Illinois Domestic Violence Act of 1986, Article
17		112A of the Code of Criminal Procedure of 1963, the Stalking No
18		Contact Order Act, or the Civil No Contact Order Act, or an
19		order of protection issued by a court of another state.
20		(L) Person. "Person" includes one or more individuals,
21		partnerships, associations or organizations, labor
22		organizations, labor unions, joint apprenticeship committees,
23		or union labor associations, corporations, the State of
24		Illinois and its instrumentalities, political subdivisions,
25		units of local government, legal representatives, trustees in
26		bankruptcy or receivers.

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1		(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
2		or medical or common conditions related to pregnancy or
3		childbirth.
4		(M) Public contract. "Public contract" includes every
5		contract to which the State, any of its political subdivisions,
6		or any municipal corporation is a party.
7		(N) Religion. "Religion" includes all aspects of religious
8		observance and practice, as well as belief, except that with
9		respect to employers, for the purposes of Article 2, "religion"
10		has the meaning ascribed to it in paragraph (F) of Section
11		2-101.
12		(O) Sex. "Sex" means the status of being male or female.
13		(O-1) Sexual orientation. "Sexual orientation" means
14		actual or perceived heterosexuality, homosexuality,
15		bisexuality, or gender-related identity, whether or not
16		traditionally associated with the person's designated sex at
17		birth. "Sexual orientation" does not include a physical or
18		sexual attraction to a minor by an adult.
19		(P) Unfavorable military discharge. "Unfavorable military
20		discharge" includes discharges from the Armed Forces of the
21		United States, their Reserve components, or any National Guard
22		or Naval Militia which are classified as RE-3 or the equivalent
23		thereof, but does not include those characterized as RE-4 or
24		"Dishonorable".
25		(Q) Unlawful discrimination. "Unlawful discrimination"
26		means discrimination against a person because of his or her

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1		actual or perceived: race, color, religion, national origin,
2		ancestry, age, sex, marital status, order of protection status,
3		disability, military status, sexual orientation, pregnancy, or
4		unfavorable discharge from military service as those terms are
5		defined in this Section.
6		(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
7		(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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 this
17		Act, "employee" also includes an unpaid intern. An unpaid
18		intern is a person who performs work for an employer under
19		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
24		work agree that the person is not entitled to wages for
25		the work performed; and

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1		(iii) the work performed:
2		(I) supplements training given in an
3		educational environment that may enhance the
4		employability of the intern;
5		(II) provides experience for the benefit of
6		the person performing the work;
7		(III) does not displace regular employees;
8		(IV) is performed under the close supervision
9		of existing staff; and
10		(V) provides no immediate advantage to the
11		employer providing the training and may
12		occasionally impede the operations of the
13		employer.
14		(2) "Employee" does not include:
15		(a) (Blank);
16		(b) Individuals employed by persons who are not
17		"employers" as defined by this Act;
18		(c) Elected public officials or the members of
19		their immediate personal staffs;
20		(d) Principal administrative officers of the State
21		or of any political subdivision, municipal corporation
22		or other governmental unit or agency;
23		(e) A person in a vocational rehabilitation
24		facility certified under federal law who has been
25		designated an evaluee, trainee, or work activity
26		client.

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1		(B) Employer.
2		(1) "Employer" includes:
3		(a) Any person employing 15 or more employees
4		within Illinois during 20 or more calendar weeks within
5		the calendar year of or preceding the alleged
6		violation;
7		(b) Any person employing one or more employees when
8		a complainant alleges civil rights violation due to
9		unlawful discrimination based upon his or her physical
10		or mental disability unrelated to ability, pregnancy,
11		or sexual harassment;
12		(c) The State and any political subdivision,
13		municipal corporation or other governmental unit or
14		agency, without regard to the number of employees;
15		(d) Any party to a public contract without regard
16		to the number of employees;
17		(e) A joint apprenticeship or training committee
18		without regard to the number of employees.
19		(2) "Employer" does not include any religious
20		corporation, association, educational institution,
21		society, or non-profit nursing institution conducted by
22		and for those who rely upon treatment by prayer through
23		spiritual means in accordance with the tenets of a
24		recognized church or religious denomination with respect
25		to the employment of individuals of a particular religion
26		to perform work connected with the carrying on by such

SB1829 Engrossed - 22 - LRB101 10761 LNS 55883 b
1		corporation, association, educational institution, society
2		or non-profit nursing institution of its activities.
3		(C) Employment Agency. "Employment Agency" includes both
4		public and private employment agencies and any person, labor
5		organization, or labor union having a hiring hall or hiring
6		office regularly undertaking, with or without compensation, to
7		procure opportunities to work, or to procure, recruit, refer or
8		place employees.
9		(D) Labor Organization. "Labor Organization" includes any
10		organization, labor union, craft union, or any voluntary
11		unincorporated association designed to further the cause of the
12		rights of union labor which is constituted for the purpose, in
13		whole or in part, of collective bargaining or of dealing with
14		employers concerning grievances, terms or conditions of
15		employment, or apprenticeships or applications for
16		apprenticeships, or of other mutual aid or protection in
17		connection with employment, including apprenticeships or
18		applications for apprenticeships.
19		(E) Sexual Harassment. "Sexual harassment" means any
20		unwelcome sexual advances or requests for sexual favors or any
21		conduct of a sexual nature when (1) submission to such conduct
22		is made either explicitly or implicitly a term or condition of
23		an individual's employment, (2) submission to or rejection of
24		such conduct by an individual is used as the basis for
25		employment decisions affecting such individual, or (3) such
26		conduct has the purpose or effect of substantially interfering

SB1829 Engrossed - 23 - LRB101 10761 LNS 55883 b
1		with an individual's work performance or creating an
2		intimidating, hostile or offensive working environment.
3		For purposes of this definition, the phrase "working
4		environment" is not limited to a physical location an employee
5		is assigned to perform his or her duties.
6		(F) Religion. "Religion" with respect to employers
7		includes all aspects of religious observance and practice, as
8		well as belief, unless an employer demonstrates that he is
9		unable to reasonably accommodate an employee's or prospective
10		employee's religious observance or practice without undue
11		hardship on the conduct of the employer's business.
12		(G) Public Employer. "Public employer" means the State, an
13		agency or department thereof, unit of local government, school
14		district, instrumentality or political subdivision.
15		(H) Public Employee. "Public employee" means an employee of
16		the State, agency or department thereof, unit of local
17		government, school district, instrumentality or political
18		subdivision. "Public employee" does not include public
19		officers or employees of the General Assembly or agencies
20		thereof.
21		(I) Public Officer. "Public officer" means a person who is
22		elected to office pursuant to the Constitution or a statute or
23		ordinance, or who is appointed to an office which is
24		established, and the qualifications and duties of which are
25		prescribed, by the Constitution or a statute or ordinance, to
26		discharge a public duty for the State, agency or department

SB1829 Engrossed - 24 - LRB101 10761 LNS 55883 b
1		thereof, unit of local government, school district,
2		instrumentality or political subdivision.
3		(J) Eligible Bidder. "Eligible bidder" means a person who,
4		prior to contract award or prior to bid opening for State
5		contracts for construction or construction-related services,
6		has filed with the Department a properly completed, sworn and
7		currently valid employer report form, pursuant to the
8		Department's regulations. The provisions of this Article
9		relating to eligible bidders apply only to bids on contracts
10		with the State and its departments, agencies, boards, and
11		commissions, and the provisions do not apply to bids on
12		contracts with units of local government or school districts.
13		(K) Citizenship Status. "Citizenship status" means the
14		status of being:
15		(1) a born U.S. citizen;
16		(2) a naturalized U.S. citizen;
17		(3) a U.S. national; or
18		(4) a person born outside the United States and not a
19		U.S. citizen who is not an unauthorized alien and who is
20		protected from discrimination under the provisions of
21		Section 1324b of Title 8 of the United States Code, as now
22		or hereafter amended.
23		(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
24		eff. 8-9-17.)
25		(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)

SB1829 Engrossed - 25 - LRB101 10761 LNS 55883 b
1		Sec. 2-102. Civil rights violations - employment. It is a
2		civil rights violation:
3		(A) Employers. For any employer to refuse to hire, to
4		segregate, to engage in harassment, or to act with respect
5		to recruitment, hiring, promotion, renewal of employment,
6		selection for training or apprenticeship, discharge,
7		discipline, tenure or terms, privileges or conditions of
8		employment on the basis of unlawful discrimination or
9		citizenship status. However, an employer is responsible
10		for harassment by the employer's nonmanagerial and
11		nonsupervisory employees only if the employer becomes
12		aware of the conduct and fails to take corrective measures.
13		For the purpose of this subdivision (A), the phrase "to
14		engage in harassment" includes verbal or physical conduct
15		and any other conduct that has the purpose or effect of
16		substantially interfering with an individual's work
17		performance or creating an intimidating, hostile or
18		offensive working environment on the basis of unlawful
19		discrimination or citizenship status.
20		(A-5) Language. For an employer to impose a restriction
21		that has the effect of prohibiting a language from being
22		spoken by an employee in communications that are unrelated
23		to the employee's duties.
24		For the purposes of this subdivision (A-5), "language"
25		means a person's native tongue, such as Polish, Spanish, or
26		Chinese. "Language" does not include such things as slang,

SB1829 Engrossed - 26 - LRB101 10761 LNS 55883 b
1		jargon, profanity, or vulgarity.
2		(A-10) Harassment of nonemployees. For any employer,
3		employment agency, or labor organization to engage in
4		harassment of nonemployees in the workplace, including
5		verbal or physical conduct or any other conduct that has
6		the purpose or effect of substantially interfering with an
7		individual's work performance or creating an intimidating,
8		hostile, or offensive working environment on the basis of
9		unlawful discrimination or citizenship status. However, an
10		employer is responsible for harassment of nonemployees by
11		the employer's nonmanagerial and nonsupervisory employees
12		only if the employer becomes aware of the conduct and fails
13		to take reasonable corrective measures. For purposes of
14		this subdivision (A-10), "nonemployees" include
15		contractors, subcontractors, vendors, consultants, or
16		other persons performing work pursuant to a contract.
17		(B) Employment agency. For any employment agency to
18		fail or refuse to classify properly, accept applications
19		and register for employment referral or apprenticeship
20		referral, refer for employment, or refer for
21		apprenticeship on the basis of unlawful discrimination or
22		citizenship status or to accept from any person any job
23		order, requisition or request for referral of applicants
24		for employment or apprenticeship which makes or has the
25		effect of making unlawful discrimination or discrimination
26		on the basis of citizenship status a condition of referral.

SB1829 Engrossed - 27 - LRB101 10761 LNS 55883 b
1		(C) Labor organization. For any labor organization to
2		limit, segregate or classify its membership, or to limit
3		employment opportunities, selection and training for
4		apprenticeship in any trade or craft, or otherwise to take,
5		or fail to take, any action which affects adversely any
6		person's status as an employee or as an applicant for
7		employment or as an apprentice, or as an applicant for
8		apprenticeships, or wages, tenure, hours of employment or
9		apprenticeship conditions on the basis of unlawful
10		discrimination or citizenship status.
11		(D) Sexual harassment. For any employer, employee,
12		agent of any employer, employment agency or labor
13		organization to engage in sexual harassment; provided,
14		that an employer shall be responsible for sexual harassment
15		of the employer's employees by nonemployees or
16		nonmanagerial and nonsupervisory employees only if the
17		employer becomes aware of the conduct and fails to take
18		reasonable corrective measures.
19		(D-5) Sexual harassment of nonemployees. For any
20		employer, employee, agent of any employer, employment
21		agency, or labor organization to engage in sexual
22		harassment of nonemployees in the workplace. However, an
23		employer is responsible for sexual harassment of
24		nonemployees by the employer's nonmanagerial and
25		nonsupervisory employees only if the employer becomes
26		aware of the conduct and fails to take reasonable

SB1829 Engrossed - 28 - LRB101 10761 LNS 55883 b
1		corrective measures. For purposes of this subdivision
2		(D-5), "nonemployees" include contractors, subcontractors,
3		vendors, consultants, or other persons performing work
4		pursuant to a contract.
5		(E) Public employers. For any public employer to refuse
6		to permit a public employee under its jurisdiction who
7		takes time off from work in order to practice his or her
8		religious beliefs to engage in work, during hours other
9		than such employee's regular working hours, consistent
10		with the operational needs of the employer and in order to
11		compensate for work time lost for such religious reasons.
12		Any employee who elects such deferred work shall be
13		compensated at the wage rate which he or she would have
14		earned during the originally scheduled work period. The
15		employer may require that an employee who plans to take
16		time off from work in order to practice his or her
17		religious beliefs provide the employer with a notice of his
18		or her intention to be absent from work not exceeding 5
19		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,

SB1829 Engrossed - 29 - LRB101 10761 LNS 55883 b
1		clothing, or facial hair in accordance with the
2		requirements of his or her religion, unless, after engaging
3		in a bona fide effort, the employer demonstrates that it is
4		unable to reasonably accommodate the employee's or
5		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
25		(2) for an employer participating in the E-Verify
26		Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot

SB1829 Engrossed - 30 - LRB101 10761 LNS 55883 b
1		Programs for Employment Eligibility Confirmation
2		(enacted by PL 104-208, div. C title IV, subtitle A) to
3		refuse to hire, to segregate, or to act with respect to
4		recruitment, hiring, promotion, renewal of employment,
5		selection for training or apprenticeship, discharge,
6		discipline, tenure or terms, privileges or conditions
7		of employment without following the procedures under
8		the E-Verify Program.
9		(H) (Blank).
10		(I) Pregnancy. For an employer to refuse to hire, to
11		segregate, or to act with respect to recruitment, hiring,
12		promotion, renewal of employment, selection for training
13		or apprenticeship, discharge, discipline, tenure or terms,
14		privileges or conditions of employment on the basis of
15		pregnancy, childbirth, or medical or common conditions
16		related to pregnancy or childbirth. Women affected by
17		pregnancy, childbirth, or medical or common conditions
18		related to pregnancy or childbirth shall be treated the
19		same for all employment-related purposes, including
20		receipt of benefits under fringe benefit programs, as other
21		persons not so affected but similar in their ability or
22		inability to work, regardless of the source of the
23		inability to work or employment classification or status.
24		(J) Pregnancy; reasonable accommodations.
25		(1) If after a job applicant or employee, including
26		a part-time, full-time, or probationary employee,

SB1829 Engrossed - 31 - LRB101 10761 LNS 55883 b
1		requests a reasonable accommodation, for an employer
2		to not make reasonable accommodations for any medical
3		or common condition of a job applicant or employee
4		related to pregnancy or childbirth, unless the
5		employer can demonstrate that the accommodation would
6		impose an undue hardship on the ordinary operation of
7		the business of the employer. The employer may request
8		documentation from the employee's health care provider
9		concerning the need for the requested reasonable
10		accommodation or accommodations to the same extent
11		documentation is requested for conditions related to
12		disability if the employer's request for documentation
13		is job-related and consistent with business necessity.
14		The employer may require only the medical
15		justification for the requested accommodation or
16		accommodations, a description of the reasonable
17		accommodation or accommodations medically advisable,
18		the date the reasonable accommodation or
19		accommodations became medically advisable, and the
20		probable duration of the reasonable accommodation or
21		accommodations. It is the duty of the individual
22		seeking a reasonable accommodation or accommodations
23		to submit to the employer any documentation that is
24		requested in accordance with this paragraph.
25		Notwithstanding the provisions of this paragraph, the
26		employer may require documentation by the employee's

SB1829 Engrossed - 32 - LRB101 10761 LNS 55883 b
1		health care provider to determine compliance with
2		other laws. The employee and employer shall engage in a
3		timely, good faith, and meaningful exchange to
4		determine effective reasonable accommodations.
5		(2) For an employer to deny employment
6		opportunities or benefits to or take adverse action
7		against an otherwise qualified job applicant or
8		employee, including a part-time, full-time, or
9		probationary employee, if the denial or adverse action
10		is based on the need of the employer to make reasonable
11		accommodations to the known medical or common
12		conditions related to the pregnancy or childbirth of
13		the applicant or employee.
14		(3) For an employer to require a job applicant or
15		employee, including a part-time, full-time, or
16		probationary employee, affected by pregnancy,
17		childbirth, or medical or common conditions related to
18		pregnancy or childbirth to accept an accommodation
19		when the applicant or employee did not request an
20		accommodation and the applicant or employee chooses
21		not to accept the employer's accommodation.
22		(4) For an employer to require an employee,
23		including a part-time, full-time, or probationary
24		employee, to take leave under any leave law or policy
25		of the employer if another reasonable accommodation
26		can be provided to the known medical or common

SB1829 Engrossed - 33 - LRB101 10761 LNS 55883 b
1		conditions related to the pregnancy or childbirth of an
2		employee. No employer shall fail or refuse to reinstate
3		the employee affected by pregnancy, childbirth, or
4		medical or common conditions related to pregnancy or
5		childbirth to her original job or to an equivalent
6		position with equivalent pay and accumulated
7		seniority, retirement, fringe benefits, and other
8		applicable service credits upon her signifying her
9		intent to return or when her need for reasonable
10		accommodation ceases, unless the employer can
11		demonstrate that the accommodation would impose an
12		undue hardship on the ordinary operation of the
13		business of the employer.
14		For the purposes of this subdivision (J), "reasonable
15		accommodations" means reasonable modifications or
16		adjustments to the job application process or work
17		environment, or to the manner or circumstances under which
18		the position desired or held is customarily performed, that
19		enable an applicant or employee affected by pregnancy,
20		childbirth, or medical or common conditions related to
21		pregnancy or childbirth to be considered for the position
22		the applicant desires or to perform the essential functions
23		of that position, and may include, but is not limited to:
24		more frequent or longer bathroom breaks, breaks for
25		increased water intake, and breaks for periodic rest;
26		private non-bathroom space for expressing breast milk and

SB1829 Engrossed - 34 - LRB101 10761 LNS 55883 b
1		breastfeeding; seating; assistance with manual labor;
2		light duty; temporary transfer to a less strenuous or
3		hazardous position; the provision of an accessible
4		worksite; acquisition or modification of equipment; job
5		restructuring; a part-time or modified work schedule;
6		appropriate adjustment or modifications of examinations,
7		training materials, or policies; reassignment to a vacant
8		position; time off to recover from conditions related to
9		childbirth; and leave necessitated by pregnancy,
10		childbirth, or medical or common conditions resulting from
11		pregnancy or childbirth.
12		For the purposes of this subdivision (J), "undue
13		hardship" means an action that is prohibitively expensive
14		or disruptive when considered in light of the following
15		factors: (i) the nature and cost of the accommodation
16		needed; (ii) the overall financial resources of the
17		facility or facilities involved in the provision of the
18		reasonable accommodation, the number of persons employed
19		at the facility, the effect on expenses and resources, or
20		the impact otherwise of the accommodation upon the
21		operation of the facility; (iii) the overall financial
22		resources of the employer, the overall size of the business
23		of the employer with respect to the number of its
24		employees, and the number, type, and location of its
25		facilities; and (iv) the type of operation or operations of
26		the employer, including the composition, structure, and

SB1829 Engrossed - 35 - LRB101 10761 LNS 55883 b
1		functions of the workforce of the employer, the geographic
2		separateness, administrative, or fiscal relationship of
3		the facility or facilities in question to the employer. The
4		employer has the burden of proving undue hardship. The fact
5		that the employer provides or would be required to provide
6		a similar accommodation to similarly situated employees
7		creates a rebuttable presumption that the accommodation
8		does not impose an undue hardship on the employer.
9		No employer is required by this subdivision (J) to
10		create additional employment that the employer would not
11		otherwise have created, unless the employer does so or
12		would do so for other classes of employees who need
13		accommodation. The employer is not required to discharge
14		any employee, transfer any employee with more seniority, or
15		promote any employee who is not qualified to perform the
16		job, unless the employer does so or would do so to
17		accommodate other classes of employees who need it.
18		(K) Notice.
19		(1) For an employer to fail to post or keep posted
20		in a conspicuous location on the premises of the
21		employer where notices to employees are customarily
22		posted, or fail to include in any employee handbook
23		information concerning an employee's rights under this
24		Article, a notice, to be prepared or approved by the
25		Department, summarizing the requirements of this
26		Article and information pertaining to the filing of a

SB1829 Engrossed - 36 - LRB101 10761 LNS 55883 b
1		charge, including the right to be free from unlawful
2		discrimination, the right to be free from sexual
3		harassment, and the right to certain reasonable
4		accommodations. The Department shall make the
5		documents required under this paragraph available for
6		retrieval from the Department's website.
7		(2) Upon notification of a violation of paragraph
8		(1) of this subdivision (K), the Department may launch
9		a preliminary investigation. If the Department finds a
10		violation, the Department may issue a notice to show
11		cause giving the employer 30 days to correct the
12		violation. If the violation is not corrected, the
13		Department may initiate a charge of a civil rights
14		violation.
15		(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
16		(775 ILCS 5/2-108 new)
17		Sec. 2-108. Employer disclosure requirements.
18		(A) Definitions. The following definitions are applicable
19		strictly to this Section:
20		(1) "Employer" includes:
21		(a) any party to a public contract without regard
22		to the number of employees who, during the year
23		preceding the reporting period required under
24		subsection (B), has entered into a settlement as
25		defined by paragraph (2) or who has had an adverse

SB1829 Engrossed - 37 - LRB101 10761 LNS 55883 b
1		judgment or administrative ruling entered against the
2		party as defined by paragraph (3);
3		(b) any person employing one or more employees
4		within this State during the 20 or more calendar weeks
5		within the preceding calendar year who, during the year
6		preceding the reporting period required under
7		subsection (B), has entered into a settlement as
8		defined by subsection paragraph (2) or who has had an
9		adverse judgment or administrative ruling entered
10		against him or her as defined by paragraph (3);
11		(c) a labor organization, as defined in Section
12		2-101, that, during the year preceding the reporting
13		period required under subsection (B), has entered into
14		a settlement as defined by paragraph (2) or that has
15		had an adverse judgment or administrative ruling
16		entered against it as defined by paragraph (3); and
17		(d) the State and any political subdivision,
18		municipal corporation, or other governmental unit or
19		agency, without regard to the number of employees that,
20		during the year preceding the reporting period
21		required under subsection (B), has entered into a
22		settlement as defined by paragraph (2) or that has had
23		an adverse judgment or administrative ruling entered
24		against it as defined by paragraph (3).
25		(2) "Settlement" means any written commitment or
26		agreement, including any agreed judgment, stipulation,

SB1829 Engrossed - 38 - LRB101 10761 LNS 55883 b
1		decree, agreement to settle, assurance of discontinuance,
2		or otherwise between an employee, as defined by subsection
3		(A), and an employer under which the employer directly or
4		indirectly provides to an individual compensation or other
5		consideration due to an allegation that the individual has
6		been a victim of sexual harassment or unlawful
7		discrimination under this Act.
8		(3) "Adverse judgment or administrative ruling" means
9		any final adverse judgment or final administrative ruling
10		entered in favor of an employee as defined by subsection
11		(A) and against the employer during the preceding year
12		based on claims of sexual harassment or unlawful
13		discrimination brought under this Act, Title VII of the
14		Civil Rights Act of 1964, or any other federal, State, or
15		local law prohibiting sexual harassment or unlawful
16		discrimination.
17		(B) Required disclosures. Beginning July 1, 2020, each
18		employer under this Section shall disclose annually to the
19		Department of Human Rights the following information:
20		(1) the total number of settlements entered into during
21		the preceding year by the employer or a corporate executive
22		of the employer that relate to any alleged act of sexual
23		harassment or unlawful discrimination that:
24		(a) occurred in the workplace of the employer; or
25		(b) involved the behavior of an employee of the
26		employer or a corporate executive of the employer,

SB1829 Engrossed - 39 - LRB101 10761 LNS 55883 b
1		without regard to whether that behavior occurred in the
2		workplace of the employer;
3		(2) how many settlements described in paragraph (1) are
4		in each of the following categories:
5		(a) sexual harassment or discrimination on the
6		basis of sex;
7		(b) discrimination or harassment on the basis of
8		race, color, or national origin;
9		(c) discrimination or harassment on the basis of
10		religion;
11		(d) discrimination or harassment on the basis of
12		age;
13		(e) discrimination or harassment on the basis of
14		disability;
15		(f) discrimination or harassment on the basis of
16		military status or unfavorable discharge from military
17		status;
18		(g) discrimination or harassment on the basis of
19		sexual orientation or gender identity; and
20		(h) discrimination or harassment on the basis of
21		any other characteristic protected under this Act;
22		(3) the total number of adverse judgments or
23		administrative rulings during the preceding year;
24		(4) whether any equitable relief was ordered against
25		the employer in any adverse judgment or administrative
26		ruling described in paragraph (3);

SB1829 Engrossed - 40 - LRB101 10761 LNS 55883 b
1		(5) how many adverse judgments or administrative
2		rulings described in paragraph (3) are in each of the
3		following categories:
4		(a) sexual harassment or discrimination on the
5		basis of sex;
6		(b) discrimination or harassment on the basis of
7		race, color, or national origin;
8		(c) discrimination or harassment on the basis of
9		religion;
10		(d) discrimination or harassment on the basis of
11		age;
12		(e) discrimination or harassment on the basis of
13		disability;
14		(f) discrimination or harassment on the basis of
15		military status or unfavorable discharge from military
16		status;
17		(g) discrimination or harassment on the basis of
18		sexual orientation or gender identity; and
19		(h) discrimination or harassment on the basis of
20		any other characteristic protected under this Act;
21		(C) Prohibited disclosures. An employer may not disclose
22		the name of a victim of an act of alleged sexual harassment or
23		unlawful discrimination in any disclosures required under this
24		Section.
25		(D) Annual report. The Department shall publish an annual
26		report aggregating the information reported by employers under

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1		this Section such that no individual employer data is available
2		to the public. The report shall include:
3		(1) the number of settlements entered into during the
4		preceding calendar year based on each of the protected
5		classes identified by this Act; and
6		(2) the number of adverse judgments or administrative
7		rulings filed during the preceding calendar year based on
8		each of the protected classes identified by this Act.
9		The report shall be filed with the General Assembly and
10		made available to the public by December 31 of each reporting
11		year. Data submitted by an employer to comply with this Section
12		is exempt from the Freedom of Information Act.
13		(E) Pattern and practice violations. The Department may
14		open a preliminary investigation if the information disclosed
15		under this Section identifies an employer or a corporate
16		executive of the employer who may have engaged in a pattern and
17		practice of unlawful discrimination under this Act. If a
18		pattern and practice of unlawful discrimination is found, the
19		Department shall initiate a charge of a civil rights violation.
20		(F) Failure to report and penalties. If an employer fails
21		to make any disclosures required under this Section, the
22		Department shall issue a notice to show cause giving the
23		employer 30 days to disclose the required information. If the
24		employer does not make the required disclosures within 30 days,
25		the Department shall the petition the Illinois Human Rights
26		Commission for entry of an order imposing a civil penalty

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1		against the employer pursuant to Section 8-109.1. The civil
2		penalty shall be paid into the Department of Human Rights'
3		Training and Development Fund.
4		(G) Rules. The Department shall adopt any rules it deems
5		necessary for implementation of this Section.
6		(775 ILCS 5/6-102)
7		Sec. 6-102. Violations of other Acts. A person who violates
8		the Section 11-117-12.2 of the Illinois Municipal Code, Section
9		224.05 of the Illinois Insurance Code, Section 8-201.5 of the
10		Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11,
11		and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of
12		the Interest Act, the Military Personnel Cellular Phone
13		Contract Termination Act, Section 405-272 of the Civil
14		Administrative Code of Illinois, Section 10-63 of the Illinois
15		Administrative Procedure Act, Sections 30.25 and 30.30 of the
16		Military Code of Illinois, Section 16 of the Landlord and
17		Tenant Act, Section 26.5 of the Retail Installment Sales Act,
18		or Section 37 of the Motor Vehicle Leasing Act, or the
19		Workplace Transparency Act commits a civil rights violation
20		within the meaning of this Act.
21		(Source: P.A. 100-1101, eff. 1-1-19.)
22		(775 ILCS 5/7-114 new)
23		Sec. 7-114. Sexual harassment prevention training.
24		(A) The General Assembly finds that the Equal Employment

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1		Opportunity Commission estimates that 25% to 85% of working
2		women have experienced sexual harassment on the job.
3		Organizational tolerance of sexual harassment has a
4		detrimental influence in workplaces by creating a hostile
5		environment for women, reducing productivity, and increasing
6		legal liability. It is the General Assembly's intent to
7		encourage employers to adopt and actively implement policies to
8		ensure their workplaces are safe for women to report concerns
9		about sexual harassment without fear of retaliation, loss of
10		status, or loss of promotional opportunities.
11		(B) The Department shall produce a model sexual harassment
12		prevention training program aimed at the prevention of sexual
13		harassment in the workplace. The model program shall be made
14		available to employers at no cost. This model program shall be
15		interactive and, at a minimum, include the following:
16		(1) an explanation of sexual harassment consistent
17		with this Act;
18		(2) examples of conduct that constitutes unlawful
19		sexual harassment;
20		(3) an explanation of harassment based on sex
21		consistent with this Act;
22		(4) examples of conduct that constitute unlawful
23		harassment based on sex;
24		(5) a summary of federal and State statutory provisions
25		concerning harassment based on sex, sexual harassment, and
26		all remedies available to victims of sexual harassment or

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1		harassment based on sex;
2		(6) a summary of employees' rights and available
3		remedies and forums to adjudicate complaints;
4		(7) examples of appropriate and inappropriate conduct
5		by supervisors; and
6		(8) a summary of responsibilities of employers in the
7		prevention, investigation, and adjudication of sexual
8		harassment.
9		(C) Every employer shall use the model sexual harassment
10		prevention training program under this Section or establish a
11		training program for employees and supervisors to prevent
12		sexual harassment that equals or exceeds the minimum standards
13		provided by the model training. The sexual harassment
14		prevention training shall be provided to all employees on an
15		annual basis.
16		(D) Failure to train and penalties. If an employer violates
17		this Section, the Department shall issue a notice to show cause
18		giving the employer 30 days to comply. If the employer does not
19		comply within 30 days, the Department shall petition the Human
20		Rights Commission for entry of an order imposing a civil
21		penalty against the employer pursuant to Section 8-109.1. The
22		civil penalty shall be paid into the Department of Human
23		Rights' Training and Development Fund.
24		(775 ILCS 5/8-109.1 new)
25		Sec. 8-109.1. Civil penalties; failure to report; failure

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1		to train.
2		(A) A hearing officer may recommend the Commission or any
3		3-member panel thereof may:
4		(1) Failure to Report. In the case of an employer who
5		fails to make any disclosures required under Section 2-108,
6		order that a civil penalty be imposed pursuant to
7		subsection (B).
8		(2) Failure to Train. In the case of an employer who
9		fails to comply with the sexual harassment prevention
10		training requirements under Section 2-114, order that a
11		civil penalty be imposed pursuant to subsection (B).
12		(B) Civil Penalty. An employer who violates Section 2-108
13		or 2-114 is subjected to a civil penalty as follows:
14		(1) For an employer with fewer than 4 employees: a
15		penalty not to exceed $500 for a first offense; a penalty
16		not to exceed $1,000 for a second offense; a penalty not to
17		exceed $3,000 for a third or subsequent offense.
18		(2) For an employer with 4 or more employees: a penalty
19		not to exceed $1,000 for a first offense; a penalty not to
20		exceed $3,000 for a second offense; a penalty not to exceed
21		$5,000 for a third or subsequent offense.
22		(C) The appropriateness of the penalty to the size of the
23		employer charged, the good faith efforts made by the employer
24		to comply, and the gravity of the violation shall be considered
25		in determining the amount of the civil penalty.

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1		Section 2-20. The Victims' Economic Security and Safety Act
2		is amended by changing Sections 10, 15, 20, 25, 30, and 45 as
3		follows:
4		(820 ILCS 180/10)
5		Sec. 10. Definitions. In this Act, except as otherwise
6		expressly provided:
7		(1) "Commerce" includes trade, traffic, commerce,
8		transportation, or communication; and "industry or
9		activity affecting commerce" means any activity, business,
10		or industry in commerce or in which a labor dispute would
11		hinder or obstruct commerce or the free flow of commerce,
12		and includes "commerce" and any "industry affecting
13		commerce".
14		(2) "Course of conduct" means a course of repeatedly
15		maintaining a visual or physical proximity to a person or
16		conveying oral or written threats, including threats
17		conveyed through electronic communications, or threats
18		implied by conduct.
19		(3) "Department" means the Department of Labor.
20		(4) "Director" means the Director of Labor.
21		(5) "Domestic or sexual violence" means domestic
22		violence, sexual assault, or stalking.
23		(6) "Domestic violence" means abuse, as defined in
24		Section 103 of the Illinois Domestic Violence Act of 1986,
25		by a family or household member, as defined in Section 103

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1		of the Illinois Domestic Violence Act of 1986.
2		(7) "Electronic communications" includes
3		communications via telephone, mobile phone, computer,
4		e-mail, video recorder, fax machine, telex, or pager,
5		online platform (including, but not limited to, any
6		public-facing website, web application, digital
7		application, or social network), or any other electronic
8		communication, as defined in Section 12-7.5 of the Criminal
9		Code of 2012.
10		(8) "Employ" includes to suffer or permit to work.
11		(9) Employee.
12		(A) In general. "Employee" means any person
13		employed by an employer.
14		(B) Basis. "Employee" includes a person employed
15		as described in subparagraph (A) on a full or part-time
16		basis, or as a participant in a work assignment as a
17		condition of receipt of federal or State income-based
18		public assistance.
19		(10) "Employer" means any of the following: (A) the
20		State or any agency of the State; (B) any unit of local
21		government or school district; or (C) any person that
22		employs at least one employee.
23		(11) "Employment benefits" means all benefits provided
24		or made available to employees by an employer, including
25		group life insurance, health insurance, disability
26		insurance, sick leave, annual leave, educational benefits,

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1		pensions, and profit-sharing, regardless of whether such
2		benefits are provided by a practice or written policy of an
3		employer or through an "employee benefit plan". "Employee
4		benefit plan" or "plan" means an employee welfare benefit
5		plan or an employee pension benefit plan or a plan which is
6		both an employee welfare benefit plan and an employee
7		pension benefit plan.
8		(12) "Family or household member", for employees with a
9		family or household member who is a victim of domestic
10		violence, sexual violence, or sexual harassment or sexual
11		violence, means a spouse, parent, son, daughter, other
12		person related by blood or by present or prior marriage,
13		other person who shares a relationship through a son or
14		daughter, and persons jointly residing in the same
15		household.
16		(13) "Parent" means the biological parent of an
17		employee or an individual who stood in loco parentis to an
18		employee when the employee was a son or daughter. "Son or
19		daughter" means a biological, adopted, or foster child, a
20		stepchild, a legal ward, or a child of a person standing in
21		loco parentis, who is under 18 years of age, or is 18 years
22		of age or older and incapable of self-care because of a
23		mental or physical disability.
24		(14) "Perpetrator" means an individual who commits or
25		is alleged to have committed any act or threat of domestic
26		violence, sexual violence, or sexual harassment or sexual

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1		violence.
2		(15) "Person" means an individual, partnership,
3		association, corporation, business trust, legal
4		representative, or any organized group of persons.
5		(16) "Public agency" means the Government of the State
6		or political subdivision thereof; any agency of the State,
7		or of a political subdivision of the State; or any
8		governmental agency.
9		(17) "Public assistance" includes cash, food stamps,
10		medical assistance, housing assistance, and other benefits
11		provided on the basis of income by a public agency or
12		public employer.
13		(18) "Reduced work schedule" means a work schedule that
14		reduces the usual number of hours per workweek, or hours
15		per workday, of an employee.
16		(19) "Repeatedly" means on 2 or more occasions.
17		(20) "Sexual assault" means any conduct proscribed by:
18		(i) Article 11 of the Criminal Code of 2012 except Sections
19		11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,
20		12-15, and 12-16 of the Criminal Code of 2012; or (iii) a
21		similar provision of the Criminal Code of 1961 the Criminal
22		Code of 1961 or the Criminal Code of 2012 in Sections
23		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
24		12-14.1, 12-15, and 12-16.
25		(21) "Stalking" means any conduct proscribed by the
26		Criminal Code of 1961 or the Criminal Code of 2012 in

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1		Sections 12-7.3, 12-7.4, and 12-7.5.
2		(22) "Victim" or "survivor" means an individual who has
3		been subjected to domestic violence, sexual violence, or
4		sexual harassment or sexual violence.
5		(23) "Victim services organization" means a nonprofit,
6		nongovernmental organization that provides assistance to
7		victims of domestic violence, sexual violence, or sexual
8		harassment or sexual violence or to advocates for such
9		victims, including a rape crisis center, an organization
10		carrying out a domestic violence program, an organization
11		operating a shelter or providing counseling services, or a
12		legal services organization or other organization
13		providing assistance through the legal process.
14		(24) "Emotional distress" means significant mental
15		suffering, anxiety, or alarm.
16		(25) "Sexual harassment" means any harassment or
17		discrimination on the basis of an individual's actual or
18		perceived sex or gender, including unwelcome sexual
19		advances, requests for sexual favors, other verbal or
20		physical conduct of a sexual nature, or any other conduct
21		of a sexual nature directed at a specific person that would
22		cause the victim or survivor emotional distress.
23		(Source: P.A. 99-765, eff. 1-1-17.)
24		(820 ILCS 180/15)
25		Sec. 15. Purposes. The purposes of this Act are:

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1		(1) to promote the State's interest in reducing
2		domestic violence, dating violence, sexual assault, sexual
3		harassment, and stalking by enabling victims of domestic
4		violence, sexual violence, or sexual harassment or sexual
5		violence to maintain the financial independence necessary
6		to leave abusive situations, achieve safety, and minimize
7		the physical and emotional injuries from domestic
8		violence, sexual violence, or sexual harassment or sexual
9		violence, and to reduce the devastating economic
10		consequences of domestic violence, sexual violence, or
11		sexual harassment or sexual violence to employers and
12		employees;
13		(2) to address the failure of existing laws to protect
14		the employment rights of employees who are victims of
15		domestic violence, sexual violence, or sexual harassment
16		or sexual violence and employees with a family or household
17		member who is a victim of domestic violence, sexual
18		violence, or sexual harassment or sexual violence, by
19		protecting the civil and economic rights of those
20		employees, and by furthering the equal opportunity of women
21		for economic self-sufficiency and employment free from
22		discrimination;
23		(3) to accomplish the purposes described in paragraphs
24		(1) and (2) by (A) entitling employed victims of domestic
25		violence, sexual violence, or sexual harassment or sexual
26		violence and employees with a family or household member

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1		who is a victim of domestic violence, sexual violence, or
2		sexual harassment or sexual violence to take unpaid leave
3		to seek medical help, legal assistance, counseling, safety
4		planning, and other assistance without penalty from their
5		employers for the employee or the family or household
6		member who is a victim; and (B) prohibiting employers from
7		discriminating against any employee who is a victim of
8		domestic violence, sexual violence, or sexual harassment
9		or sexual violence or any employee who has a family or
10		household member who is a victim of domestic violence,
11		sexual violence, or sexual harassment or sexual violence,
12		in a manner that accommodates the legitimate interests of
13		employers and protects the safety of all persons in the
14		workplace.
15		(Source: P.A. 96-635, eff. 8-24-09.)
16		(820 ILCS 180/20)
17		Sec. 20. Entitlement to leave due to domestic violence,
18		sexual violence, or sexual harassment or sexual violence.
19		(a) Leave requirement.
20		(1) Basis. An employee who is a victim of domestic
21		violence, sexual violence, or sexual harassment or sexual
22		violence or an employee who has a family or household
23		member who is a victim of domestic violence, sexual
24		violence, or sexual harassment or sexual violence whose
25		interests are not adverse to the employee as it relates to

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1		the domestic violence, sexual violence, or sexual
2		harassment or sexual violence may take unpaid leave from
3		work if the employee or employee's family or household
4		member is experiencing an incident of domestic violence,
5		sexual violence, or sexual harassment or sexual violence or
6		to address domestic violence, sexual violence, or sexual
7		harassment or sexual violence by:
8		(A) seeking medical attention for, or recovering
9		from, physical or psychological injuries caused by
10		domestic violence, sexual violence, or sexual
11		harassment or sexual violence to the employee or the
12		employee's family or household member;
13		(B) obtaining services from a victim services
14		organization for the employee or the employee's family
15		or household member;
16		(C) obtaining psychological or other counseling
17		for the employee or the employee's family or household
18		member;
19		(D) participating in safety planning, temporarily
20		or permanently relocating, or taking other actions to
21		increase the safety of the employee or the employee's
22		family or household member from future domestic
23		violence, sexual violence, or sexual harassment or
24		sexual violence or ensure economic security; or
25		(E) seeking legal assistance or remedies to ensure
26		the health and safety of the employee or the employee's

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1		family or household member, including preparing for or
2		participating in any civil or criminal legal
3		proceeding related to or derived from domestic
4		violence, sexual violence, or sexual harassment or
5		sexual violence.
6		(2) Period. Subject to subsection (c), an employee
7		working for an employer that employs at least 50 employees
8		shall be entitled to a total of 12 workweeks of leave
9		during any 12-month period. Subject to subsection (c), an
10		employee working for an employer that employs at least 15
11		but not more than 49 employees shall be entitled to a total
12		of 8 workweeks of leave during any 12-month period. Subject
13		to subsection (c), an employee working for an employer that
14		employs at least one but not more than 14 employees shall
15		be entitled to a total of 4 workweeks of leave during any
16		12-month period. The total number of workweeks to which an
17		employee is entitled shall not decrease during the relevant
18		12-month period. This Act does not create a right for an
19		employee to take unpaid leave that exceeds the unpaid leave
20		time allowed under, or is in addition to the unpaid leave
21		time permitted by, the federal Family and Medical Leave Act
22		of 1993 (29 U.S.C. 2601 et seq.).
23		(3) Schedule. Leave described in paragraph (1) may be
24		taken consecutively, intermittently, or on a reduced work
25		schedule.
26		(b) Notice. The employee shall provide the employer with at

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1		least 48 hours' advance notice of the employee's intention to
2		take the leave, unless providing such notice is not
3		practicable. When an unscheduled absence occurs, the employer
4		may not take any action against the employee if the employee,
5		upon request of the employer and within a reasonable period
6		after the absence, provides certification under subsection
7		(c).
8		(c) Certification.
9		(1) In general. The employer may require the employee
10		to provide certification to the employer that:
11		(A) the employee or the employee's family or
12		household member is a victim of domestic violence,
13		sexual violence, or sexual harassment or sexual
14		violence; and
15		(B) the leave is for one of the purposes enumerated
16		in paragraph (a)(1).
17		The employee shall provide such certification to the
18		employer within a reasonable period after the employer
19		requests certification.
20		(2) Contents. An employee may satisfy the
21		certification requirement of paragraph (1) by providing to
22		the employer a sworn statement of the employee, and upon
23		obtaining such documents the employee shall provide:
24		(A) documentation from an employee, agent, or
25		volunteer of a victim services organization, an
26		attorney, a member of the clergy, or a medical or other

SB1829 Engrossed - 56 - LRB101 10761 LNS 55883 b
1		professional from whom the employee or the employee's
2		family or household member has sought assistance in
3		addressing domestic violence, sexual violence, or
4		sexual harassment or sexual violence and the effects of
5		the violence or harassment;
6		(B) a police or court record; or
7		(C) other corroborating evidence.
8		The employee may choose which document to submit if
9		that document demonstrates the basis of the leave allowed
10		under Section 20 of this Act. An employee is not required
11		to provide additional documentation if a subsequent leave
12		request is for the same reason for leave previously used
13		and for the same incident of domestic violence, sexual
14		violence, or sexual harassment or the same perpetrator of
15		the domestic violence, sexual violence, or sexual
16		harassment.
17		(d) Confidentiality. All information provided to the
18		employer pursuant to subsection (b) or (c), including a
19		statement of the employee or any other documentation, record,
20		or corroborating evidence, and the fact that the employee has
21		requested or obtained leave pursuant to this Section, shall be
22		retained in the strictest confidence by the employer, except to
23		the extent that disclosure is:
24		(1) requested or consented to in writing by the
25		employee; or
26		(2) otherwise required by applicable federal or State

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1		law.
2		(e) Employment and benefits.
3		(1) Restoration to position.
4		(A) In general. Any employee who takes leave under
5		this Section for the intended purpose of the leave
6		shall be entitled, on return from such leave:
7		(i) to be restored by the employer to the
8		position of employment held by the employee when
9		the leave commenced; or
10		(ii) to be restored to an equivalent position
11		with equivalent employment benefits, pay, and
12		other terms and conditions of employment.
13		(B) Loss of benefits. The taking of leave under
14		this Section shall not result in the loss of any
15		employment benefit accrued prior to the date on which
16		the leave commenced.
17		(C) Limitations. Nothing in this subsection shall
18		be construed to entitle any restored employee to:
19		(i) the accrual of any seniority or employment
20		benefits during any period of leave; or
21		(ii) any right, benefit, or position of
22		employment other than any right, benefit, or
23		position to which the employee would have been
24		entitled had the employee not taken the leave.
25		(D) Construction. Nothing in this paragraph shall
26		be construed to prohibit an employer from requiring an

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1		employee on leave under this Section to report
2		periodically to the employer on the status and
3		intention of the employee to return to work.
4		(2) Maintenance of health benefits.
5		(A) Coverage. Except as provided in subparagraph
6		(B), during any period that an employee takes leave
7		under this Section, the employer shall maintain
8		coverage for the employee and any family or household
9		member under any group health plan for the duration of
10		such leave at the level and under the conditions
11		coverage would have been provided if the employee had
12		continued in employment continuously for the duration
13		of such leave.
14		(B) Failure to return from leave. The employer may
15		recover the premium that the employer paid for
16		maintaining coverage for the employee and the
17		employee's family or household member under such group
18		health plan during any period of leave under this
19		Section if:
20		(i) the employee fails to return from leave
21		under this Section after the period of leave to
22		which the employee is entitled has expired; and
23		(ii) the employee fails to return to work for a
24		reason other than:
25		(I) the continuation, recurrence, or onset
26		of domestic violence, sexual violence, or

SB1829 Engrossed - 59 - LRB101 10761 LNS 55883 b
1		sexual harassment or sexual violence that
2		entitles the employee to leave pursuant to this
3		Section; or
4		(II) other circumstances beyond the
5		control of the employee.
6		(C) Certification.
7		(i) Issuance. An employer may require an
8		employee who claims that the employee is unable to
9		return to work because of a reason described in
10		subclause (I) or (II) of subparagraph (B)(ii) to
11		provide, within a reasonable period after making
12		the claim, certification to the employer that the
13		employee is unable to return to work because of
14		that reason. The employee shall choose which
15		document to submit.
16		(ii) Contents. An employee may satisfy the
17		certification requirement of clause (i) by
18		providing to the employer:
19		(I) a sworn statement of the employee;
20		(II) documentation from an employee,
21		agent, or volunteer of a victim services
22		organization, an attorney, a member of the
23		clergy, or a medical or other professional from
24		whom the employee has sought assistance in
25		addressing domestic violence, sexual violence,
26		or sexual harassment or sexual violence and the

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1		effects of that violence or harassment;
2		(III) a police or court record; or
3		(IV) other corroborating evidence.
4		(D) Confidentiality. All information provided to
5		the employer pursuant to subparagraph (C), including a
6		statement of the employee or any other documentation,
7		record, or corroborating evidence, and the fact that
8		the employee is not returning to work because of a
9		reason described in subclause (I) or (II) of
10		subparagraph (B)(ii) shall be retained in the
11		strictest confidence by the employer, except to the
12		extent that disclosure is:
13		(i) requested or consented to in writing by the
14		employee; or
15		(ii) otherwise required by applicable federal
16		or State law.
17		(f) Prohibited acts.
18		(1) Interference with rights.
19		(A) Exercise of rights. It shall be unlawful for
20		any employer to interfere with, restrain, or deny the
21		exercise of or the attempt to exercise any right
22		provided under this Section.
23		(B) Employer discrimination. It shall be unlawful
24		for any employer to discharge or harass any individual,
25		or otherwise discriminate against any individual with
26		respect to compensation, terms, conditions, or

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1		privileges of employment of the individual (including
2		retaliation in any form or manner) because the
3		individual:
4		(i) exercised any right provided under this
5		Section; or
6		(ii) opposed any practice made unlawful by
7		this Section.
8		(C) Public agency sanctions. It shall be unlawful
9		for any public agency to deny, reduce, or terminate the
10		benefits of, otherwise sanction, or harass any
11		individual, or otherwise discriminate against any
12		individual with respect to the amount, terms, or
13		conditions of public assistance of the individual
14		(including retaliation in any form or manner) because
15		the individual:
16		(i) exercised any right provided under this
17		Section; or
18		(ii) opposed any practice made unlawful by
19		this Section.
20		(2) Interference with proceedings or inquiries. It
21		shall be unlawful for any person to discharge or in any
22		other manner discriminate (as described in subparagraph
23		(B) or (C) of paragraph (1)) against any individual because
24		such individual:
25		(A) has filed any charge, or has instituted or
26		caused to be instituted any proceeding, under or

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1		related to this Section;
2		(B) has given, or is about to give, any information
3		in connection with any inquiry or proceeding relating
4		to any right provided under this Section; or
5		(C) has testified, or is about to testify, in any
6		inquiry or proceeding relating to any right provided
7		under this Section.
8		(g) Disciplinary action. Nothing in this Section shall be
9		construed to prohibit an employer from taking disciplinary
10		action, up to and including termination, against an employee
11		who uses leave provided pursuant to this Act for purposes other
12		than those described in this Section.
13		(Source: P.A. 99-765, eff. 1-1-17.)
14		(820 ILCS 180/25)
15		Sec. 25. Existing leave usable for addressing domestic
16		violence, sexual violence, or sexual harassment or sexual
17		violence. An employee who is entitled to take paid or unpaid
18		leave (including family, medical, sick, annual, personal, or
19		similar leave) from employment, pursuant to federal, State, or
20		local law, a collective bargaining agreement, or an employment
21		benefits program or plan, may elect to substitute any period of
22		such leave for an equivalent period of leave provided under
23		Section 20. The employer may not require the employee to
24		substitute available paid or unpaid leave for leave provided
25		under Section 20.

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1		(Source: P.A. 96-635, eff. 8-24-09.)
2		(820 ILCS 180/30)
3		Sec. 30. Victims' employment sustainability; prohibited
4		discriminatory acts.
5		(a) An employer shall not fail to hire, refuse to hire,
6		discharge, constructively discharge, or harass any individual,
7		otherwise discriminate against any individual with respect to
8		the compensation, terms, conditions, or privileges of
9		employment of the individual, or retaliate against an
10		individual in any form or manner, and a public agency shall not
11		deny, reduce, or terminate the benefits of, otherwise sanction,
12		or harass any individual, otherwise discriminate against any
13		individual with respect to the amount, terms, or conditions of
14		public assistance of the individual, or retaliate against an
15		individual in any form or manner, because:
16		(1) the individual involved:
17		(A) is or is perceived to be a victim of domestic
18		violence, sexual violence, or sexual harassment or
19		sexual violence;
20		(B) attended, participated in, prepared for, or
21		requested leave to attend, participate in, or prepare
22		for a criminal or civil court proceeding relating to an
23		incident of domestic violence, sexual violence, or
24		sexual harassment or sexual violence of which the
25		individual or a family or household member of the

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1		individual was a victim, or requested or took leave for
2		any other reason provided under Section 20;
3		(C) requested an adjustment to a job structure,
4		workplace facility, or work requirement, including a
5		transfer, reassignment, or modified schedule, leave, a
6		changed telephone number or seating assignment,
7		installation of a lock, or implementation of a safety
8		procedure or any other reasonable accommodation in
9		response to actual or threatened domestic violence,
10		sexual violence, or sexual harassment or sexual
11		violence, regardless of whether the request was
12		granted; or
13		(D) is an employee whose employer is subject to
14		Section 21 of the Workplace Violence Prevention Act; or
15		(2) the workplace is disrupted or threatened by the
16		action of a person whom the individual states has committed
17		or threatened to commit domestic violence, sexual
18		violence, or sexual harassment or sexual violence against
19		the individual or the individual's family or household
20		member.
21		(b) In this Section:
22		(1) "Discriminate", used with respect to the terms,
23		conditions, or privileges of employment or with respect to
24		the terms or conditions of public assistance, includes not
25		making a reasonable accommodation to the known limitations
26		resulting from circumstances relating to being a victim of

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1		domestic violence, sexual violence, or sexual harassment
2		or sexual violence or a family or household member being a
3		victim of domestic violence, sexual violence, or sexual
4		harassment or sexual violence of an otherwise qualified
5		individual:
6		(A) who is:
7		(i) an applicant or employee of the employer
8		(including a public agency); or
9		(ii) an applicant for or recipient of public
10		assistance from a public agency; and
11		(B) who is:
12		(i) or is perceived to be a victim of domestic
13		violence, sexual violence, or sexual harassment a
14		victim of domestic or sexual violence; or
15		(ii) with a family or household member who is a
16		victim of domestic violence, sexual violence, or
17		sexual harassment or sexual violence whose
18		interests are not adverse to the individual in
19		subparagraph (A) as it relates to the domestic
20		violence, sexual violence, or sexual harassment or
21		sexual violence;
22		unless the employer or public agency can demonstrate that
23		the accommodation would impose an undue hardship on the
24		operation of the employer or public agency.
25		A reasonable accommodation must be made in a timely
26		fashion. Any exigent circumstances or danger facing the

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1		employee or his or her family or household member shall be
2		considered in determining whether the accommodation is
3		reasonable.
4		(2) "Qualified individual" means:
5		(A) in the case of an applicant or employee
6		described in paragraph (1)(A)(i), an individual who,
7		but for being a victim of domestic violence, sexual
8		violence, or sexual harassment or sexual violence or
9		with a family or household member who is a victim of
10		domestic violence, sexual violence, or sexual
11		harassment or sexual violence, can perform the
12		essential functions of the employment position that
13		such individual holds or desires; or
14		(B) in the case of an applicant or recipient
15		described in paragraph (1)(A)(ii), an individual who,
16		but for being a victim of domestic violence, sexual
17		violence, or sexual harassment or sexual violence or
18		with a family or household member who is a victim of
19		domestic violence, sexual violence, or sexual
20		harassment or sexual violence, can satisfy the
21		essential requirements of the program providing the
22		public assistance that the individual receives or
23		desires.
24		(3) "Reasonable accommodation" may include, but is not
25		limited to, an adjustment to a job structure, workplace
26		facility, or work requirement, including a transfer,

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1		reassignment, or modified schedule, leave, a changed
2		telephone number or seating assignment, installation of a
3		lock, or implementation of a safety procedure, or
4		assistance in documenting domestic violence, sexual
5		violence, or sexual harassment or sexual violence that
6		occurs at the workplace or in work-related settings, in
7		response to actual or threatened domestic violence, sexual
8		violence, or sexual harassment or sexual violence.
9		(4) Undue hardship.
10		(A) In general. "Undue hardship" means an action
11		requiring significant difficulty or expense, when
12		considered in light of the factors set forth in
13		subparagraph (B).
14		(B) Factors to be considered. In determining
15		whether a reasonable accommodation would impose an
16		undue hardship on the operation of an employer or
17		public agency, factors to be considered include:
18		(i) the nature and cost of the reasonable
19		accommodation needed under this Section;
20		(ii) the overall financial resources of the
21		facility involved in the provision of the
22		reasonable accommodation, the number of persons
23		employed at such facility, the effect on expenses
24		and resources, or the impact otherwise of such
25		accommodation on the operation of the facility;
26		(iii) the overall financial resources of the

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1		employer or public agency, the overall size of the
2		business of an employer or public agency with
3		respect to the number of employees of the employer
4		or public agency, and the number, type, and
5		location of the facilities of an employer or public
6		agency; and
7		(iv) the type of operation of the employer or
8		public agency, including the composition,
9		structure, and functions of the workforce of the
10		employer or public agency, the geographic
11		separateness of the facility from the employer or
12		public agency, and the administrative or fiscal
13		relationship of the facility to the employer or
14		public agency.
15		(c) An employer subject to Section 21 of the Workplace
16		Violence Prevention Act shall not violate any provisions of the
17		Workplace Violence Prevention Act.
18		(d) All information provided to the employer pursuant to
19		subsection (b) or (c), including a statement of the employee
20		and any other documentation, record, or corroborating
21		evidence, and the fact that the employee has requested or
22		obtained leave pursuant to this Section, shall be retained in
23		the strictest confidence by the employer, except to the extent
24		that disclosure is:
25		(1) requested or consented to in writing by the
26		employee; or

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1		(2) otherwise required by applicable federal or State
2		law.
3		(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
4		(820 ILCS 180/45)
5		Sec. 45. Effect on other laws and employment benefits.
6		(a) More protective laws, agreements, programs, and plans.
7		Nothing in this Act shall be construed to supersede any
8		provision of any federal, State, or local law, collective
9		bargaining agreement, or employment benefits program or plan
10		that provides:
11		(1) greater leave benefits for victims of domestic
12		violence, sexual violence, or sexual harassment or sexual
13		violence than the rights established under this Act; or
14		(2) leave benefits for a larger population of victims
15		of domestic violence, sexual violence, or sexual
16		harassment or sexual violence (as defined in such law,
17		agreement, program, or plan) than the victims of domestic
18		violence, sexual violence, or sexual harassment or sexual
19		violence covered under this Act.
20		(b) Less protective laws, agreements, programs, and plans.
21		The rights established for employees who are victims of
22		domestic violence, sexual violence, or sexual harassment or
23		sexual violence and employees with a family or household member
24		who is a victim of domestic violence, sexual violence, or
25		sexual harassment or sexual violence under this Act shall not

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1		be diminished by any federal, State or local law, collective
2		bargaining agreement, or employment benefits program or plan.
3		(Source: P.A. 93-591, eff. 8-25-03.)
4		Article 3.
5		Section 3-1. Short title. This Article may be cited as the
6		Stopping Predators from Evading Allegations of Abuse of Kids
7		Act. References in this Article to "this Act" mean this
8		Article.
9		Section 3-5. Definitions. As used in this Act:
10		"Minor" means any person under the age of 18 years.
11		"Youth recreational athletic entity" means a team,
12		program, or event, including practice and competition, not
13		associated with a school, during which youth athletes
14		participate or practice to participate in an organized athletic
15		game or competition against another team, club, entity, or
16		individual.
17		"Youth recreational athletic entity" includes, but is not
18		limited to, athletic activity sponsored by a recreation center,
19		community center, or private sports club.
20		Section 3-10. Prohibition on sexual abuse of children in
21		youth sports. A person who owns, is employed by, or volunteers
22		with a youth recreational athletic entity shall not, in that

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1		capacity, employ, use, persuade, induce, entice, or coerce a
2		minor to engage in, or assist another person to engage in,
3		sexually explicit conduct or the rape, molestation,
4		prostitution, or other form of sexual exploitation of a minor,
5		including actual or simulated:
6		(1) sexual contact in the manner of genital-genital,
7		oral-genital, anal-genital, or oral-anal contact. For purposes
8		of this Act, "sexual contact" means the intentional touching,
9		either directly or through clothing, of the genitalia, anus,
10		groin, breast, inner thigh, or buttocks of any person with an
11		intent to abuse, humiliate, harass, degrade, or arouse or
12		gratify the sexual desire of any person;
13		(2) bestiality;
14		(3) masturbation;
15		(4) lascivious exhibition of the genitals or pubic area;
16		(5) sadistic or masochistic abuse; or
17		(6) any other sexual conduct or sexual penetration, as
18		defined in Section 11-0.1 of the Criminal Code of 2012.
19		Section 3-15. Required reporting of child and sexual abuse
20		in youth sports.
21		(a) Any person who owns, is employed by, or volunteers with
22		a youth recreational athletic entity and is subject to the
23		mandatory reporting requirements of the Abused and Neglected
24		Child Reporting Act shall also make a confidential report of
25		the suspected abuse to the relevant governing organization or

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1		league that regulates or oversees the youth recreational
2		athletic entity as soon as practicable, but in no event later
3		than 10 days after learning of the incident.
4		(b) Nothing in this Act shall be construed to require a
5		victim of abuse to self-report the abuse.
6		Section 3-20. Posting of rights by youth recreational
7		athletic entity. Each youth recreational athletic entity shall
8		post in a clear and conspicuous place in its athletic
9		facilities and on its website a notice stating a minor's rights
10		under this Act as well as the toll-free number to the 24-hour
11		child abuse hotline of the Department of Children and Family
12		Services and contact information for all governing
13		organizations or leagues that regulate or oversee the youth
14		recreational athletic entity.
15		Section 3-25. Enforcement.
16		(a) Any person who, as a result of a violation of Section
17		3-10, suffers personal injury, regardless of whether the injury
18		occurred when the person was a minor, has a right of action in
19		State circuit court. A prevailing plaintiff may recover for
20		each violation actual and compensatory damages, including, but
21		not limited to, damages for emotional distress, punitive
22		damages, reasonable attorney's fees and costs, including
23		expert witness fees and other litigation expenses, and such
24		equitable relief as may be appropriate.

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1		(b) Any person who knowingly and willfully fails to notify
2		the relevant governing organization or league that regulates or
3		oversees the youth recreational athletic entity pursuant to
4		Section 3-15 may be subject to a civil penalty as follows: for
5		a first offense, a penalty not to exceed $250; for a second
6		offense, a penalty not to exceed $500; for a third or
7		subsequent offense, a penalty not to exceed $1,000. In
8		determining the amount of the penalty, the appropriateness of
9		the penalty and the gravity of the violation shall be
10		considered. The penalty may be recovered in a civil action
11		brought by the Director of the Department of Children and
12		Family Services in any circuit court.
13		Article 4.
14		Section 4-1. Short title. This Act may be cited as the
15		Sexual Harassment Victim Representation Act. References in
16		this Article to "this Act" mean this Article.
17		Section 4-5. Definitions. In this Act:
18		"Perpetrator" means an individual who commits or is alleged
19		to have committed an act or threat of sexual harassment.
20		"Sexual harassment" means any unwelcome sexual advances or
21		requests for sexual favors or any conduct of a sexual nature
22		when: (i) submission to such conduct is made either explicitly
23		or implicitly a term or condition of an individual's

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1		employment; (ii) submission to or rejection of such conduct by
2		an individual is used as the basis for employment decisions
3		affecting such individual; or (iii) such conduct has the
4		purpose or effect of substantially interfering with an
5		individual's work performance or creating an intimidating,
6		hostile, or offensive working environment.
7		"Union" means any organization defined as a "labor
8		organization" under Section 2 of the National Labor Relations
9		Act (29 U.S.C. 152).
10		"Union representative" means a person designated by a union
11		to represent a member of the union in any disciplinary
12		proceeding.
13		"Victim" means a victim of sexual harassment.