Sen. Melinda Bush
Filed: 4/9/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1829 




2 AMENDMENT NO. ______. Amend Senate Bill 1829 by replacing 
3everything after the enacting clause with the following:


4
"Article 1. 


5 Section 1-1. Short title. This Article may be cited as the 
6Workplace Transparency Act. References in this Article to "this 
7Act" mean this Article.

8 Section 1-5. Definitions. As used in this Act:
9 "Arbitration agreement" means an agreement between an 
10employer and an employee to submit to arbitration all or 
11certain disputes that arise in respect of a defined legal 
12relationship, whether contractual or not, and may be in the 
13form of an arbitration clause in a contract or in the form of a 
14separate agreement.
15 "Employee" has the same meaning as set forth in Section 
 
 
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12-101 of the Illinois Human Rights Act.
2 "Employer" has the same meaning as set forth in Section 
32-101 of the Illinois Human Rights Act.
4 "Nondisclosure clause" means a provision in a contract or 
5agreement between an employer and employee establishing that 
6the parties to the contract or agreement agree not to disclose 
7information covered by the terms and conditions of the contract 
8or agreement.
9 "Nondisparagement clause" means a provision in a contract 
10or agreement between an employer and employee requiring one or 
11more parties to the contract or agreement not to make negative 
12statements about the other.
13 "Sexual harassment" has the same meaning as set forth in 
14Section 2-101 of the Illinois Human Rights Act.

15 Section 1-10. Prohibitions.
16 (a) An employer may not enter into a contract or agreement 
17with an employee or applicant, as a condition of employment, 
18promotion, compensation, benefits, or change in employment 
19status or contractual relationship, or as a term, condition, or 
20privilege of employment, if that contract or agreement contains 
21a nondisclosure or nondisparagement clause that covers 
22harassment or discrimination as provided under Section 2-102 of 
23the Illinois Human Rights Act. Any such nondisclosure or 
24nondisparagement clause is severable, and all other provisions 
25of the employment contract shall remain in effect.
 
 
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1 (b) Notwithstanding any other provision of law, an employer 
2may not enforce or attempt to enforce a nondisparagement clause 
3or nondisclosure clause described in subsection (a) or 
4retaliate against an employee or applicant for reporting, 
5resisting, opposing, or assisting in the investigation of 
6harassment or discrimination as provided in Section 2-102 of 
7the Illinois Human Rights Act.
8 (c) Except when inconsistent with federal or State law, an 
9employer may enter into a contract or agreement with an 
10employee or applicant. However, an arbitration clause shall 
11contain a written exception for claims of harassment or 
12discrimination, as provided under Section 2-102 of the Illinois 
13Human Rights Act, and shall allow an employee or applicant to 
14pursue such claims against the employer through either arbitral 
15or judicial forums.
16 (d) An employer may not enforce or attempt to enforce an 
17arbitration clause entered into if the clause does not contain 
18the written exception required in subsection (c). Any such 
19arbitration clause is severable, and all other provisions of 
20the contract or agreement shall remain in effect.

21 Section 1-15. Voidable agreements. A contract or agreement 
22containing a provision contrary to this Act that was entered 
23into on or before the effective date of this Act shall be 
24voidable by a party who entered into it under any of the 
25following circumstances:
 
 
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1 (1) while under duress in the execution of the contract or 
2agreement;
3 (2) while incompetent or impaired at the time of execution 
4of the contract or agreement; or
5 (3) while a minor at the time of execution of the contract 
6or agreement, regardless of whether the person was represented 
7at the time by counsel, a guardian, or a parent.

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

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

14 Section 1-30. Enforcement. A violation of this Act 
15constitutes a civil rights violation under the Illinois Human 
16Rights Act.

17 Section 1-35. Application. If there is a conflict between 
18any collective bargaining agreement and this Act, the 
19collective bargaining agreement controls.

20 Section 1-40. Limitations. This Act shall not be construed 
21to limit an employer's ability to require confidentiality of:
22 (1) An employee who receives complaints of workplace 
23harassment, including sexual harassment, or other employment 
 
 
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1discrimination as a part of his or her assigned job duties; or
2 (2) An individual who is notified and requested to 
3participate in an open and ongoing investigation into alleged 
4workplace harassment, including sexual harassment, or other 
5employment discrimination and requested to maintain reasonable 
6confidentiality during the pendency of that investigation.

7 Section 1-45. Severability. The provisions of this Act are 
8severable under Section 1.31 of the Statute on Statutes.

9
Article 2.


10 Section 2-5. The Freedom of Information Act is amended by 
11changing Section 7.5 as follows:

12 (5 ILCS 140/7.5)
13 Sec. 7.5. Statutory exemptions. To the extent provided for 
14by the statutes referenced below, the following shall be exempt 
15from inspection and copying:
16  (a) All information determined to be confidential 
17 under Section 4002 of the Technology Advancement and 
18 Development Act.
19  (b) Library circulation and order records identifying 
20 library users with specific materials under the Library 
21 Records Confidentiality Act.
22  (c) Applications, related documents, and medical 
 
 
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1 records received by the Experimental Organ Transplantation 
2 Procedures Board and any and all documents or other records 
3 prepared by the Experimental Organ Transplantation 
4 Procedures Board or its staff relating to applications it 
5 has received.
6  (d) Information and records held by the Department of 
7 Public Health and its authorized representatives relating 
8 to known or suspected cases of sexually transmissible 
9 disease or any information the disclosure of which is 
10 restricted under the Illinois Sexually Transmissible 
11 Disease Control Act.
12  (e) Information the disclosure of which is exempted 
13 under Section 30 of the Radon Industry Licensing Act.
14  (f) Firm performance evaluations under Section 55 of 
15 the Architectural, Engineering, and Land Surveying 
16 Qualifications Based Selection Act.
17  (g) Information the disclosure of which is restricted 
18 and exempted under Section 50 of the Illinois Prepaid 
19 Tuition Act.
20  (h) Information the disclosure of which is exempted 
21 under the State Officials and Employees Ethics Act, and 
22 records of any lawfully created State or local inspector 
23 general's office that would be exempt if created or 
24 obtained by an Executive Inspector General's office under 
25 that Act.
26  (i) Information contained in a local emergency energy 
 
 
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1 plan submitted to a municipality in accordance with a local 
2 emergency energy plan ordinance that is adopted under 
3 Section 11-21.5-5 of the Illinois Municipal Code.
4  (j) Information and data concerning the distribution 
5 of surcharge moneys collected and remitted by carriers 
6 under the Emergency Telephone System Act.
7  (k) Law enforcement officer identification information 
8 or driver identification information compiled by a law 
9 enforcement agency or the Department of Transportation 
10 under Section 11-212 of the Illinois Vehicle Code.
11  (l) Records and information provided to a residential 
12 health care facility resident sexual assault and death 
13 review team or the Executive Council under the Abuse 
14 Prevention Review Team Act.
15  (m) Information provided to the predatory lending 
16 database created pursuant to Article 3 of the Residential 
17 Real Property Disclosure Act, except to the extent 
18 authorized under that Article.
19  (n) Defense budgets and petitions for certification of 
20 compensation and expenses for court appointed trial 
21 counsel as provided under Sections 10 and 15 of the Capital 
22 Crimes Litigation Act. This subsection (n) shall apply 
23 until the conclusion of the trial of the case, even if the 
24 prosecution chooses not to pursue the death penalty prior 
25 to trial or sentencing.
26  (o) Information that is prohibited from being 
 
 
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1 disclosed under Section 4 of the Illinois Health and 
2 Hazardous Substances Registry Act.
3  (p) Security portions of system safety program plans, 
4 investigation reports, surveys, schedules, lists, data, or 
5 information compiled, collected, or prepared by or for the 
6 Regional Transportation Authority under Section 2.11 of 
7 the Regional Transportation Authority Act or the St. Clair 
8 County Transit District under the Bi-State Transit Safety 
9 Act. 
10  (q) Information prohibited from being disclosed by the 
11 Personnel Record Records Review Act. 
12  (r) Information prohibited from being disclosed by the 
13 Illinois School Student Records Act. 
14  (s) Information the disclosure of which is restricted 
15 under Section 5-108 of the Public Utilities Act. 

16  (t) All identified or deidentified health information 
17 in the form of health data or medical records contained in, 
18 stored in, submitted to, transferred by, or released from 
19 the Illinois Health Information Exchange, and identified 
20 or deidentified health information in the form of health 
21 data and medical records of the Illinois Health Information 
22 Exchange in the possession of the Illinois Health 
23 Information Exchange Authority due to its administration 
24 of the Illinois Health Information Exchange. The terms 
25 "identified" and "deidentified" shall be given the same 
26 meaning as in the Health Insurance Portability and 
 
 
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1 Accountability Act of 1996, Public Law 104-191, or any 
2 subsequent amendments thereto, and any regulations 
3 promulgated thereunder. 
4  (u) Records and information provided to an independent 
5 team of experts under the Developmental Disability and 
6 Mental Health Safety Act (also known as Brian's Law). 
7  (v) Names and information of people who have applied 
8 for or received Firearm Owner's Identification Cards under 
9 the Firearm Owners Identification Card Act or applied for 
10 or received a concealed carry license under the Firearm 
11 Concealed Carry Act, unless otherwise authorized by the 
12 Firearm Concealed Carry Act; and databases under the 
13 Firearm Concealed Carry Act, records of the Concealed Carry 
14 Licensing Review Board under the Firearm Concealed Carry 
15 Act, and law enforcement agency objections under the 
16 Firearm Concealed Carry Act. 
17  (w) Personally identifiable information which is 
18 exempted from disclosure under subsection (g) of Section 
19 19.1 of the Toll Highway Act.
20  (x) Information which is exempted from disclosure 
21 under Section 5-1014.3 of the Counties Code or Section 
22 8-11-21 of the Illinois Municipal Code. 
23  (y) Confidential information under the Adult 
24 Protective Services Act and its predecessor enabling 
25 statute, the Elder Abuse and Neglect Act, including 
26 information about the identity and administrative finding 
 
 
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1 against any caregiver of a verified and substantiated 
2 decision of abuse, neglect, or financial exploitation of an 
3 eligible adult maintained in the Registry established 
4 under Section 7.5 of the Adult Protective Services Act. 
5  (z) Records and information provided to a fatality 
6 review team or the Illinois Fatality Review Team Advisory 
7 Council under Section 15 of the Adult Protective Services 
8 Act. 
9  (aa) Information which is exempted from disclosure 
10 under Section 2.37 of the Wildlife Code. 
11  (bb) Information which is or was prohibited from 
12 disclosure by the Juvenile Court Act of 1987. 
13  (cc) Recordings made under the Law Enforcement 
14 Officer-Worn Body Camera Act, except to the extent 
15 authorized under that Act.
16  (dd) Information that is prohibited from being 
17 disclosed under Section 45 of the Condominium and Common 
18 Interest Community Ombudsperson Act. 
19  (ee) Information that is exempted from disclosure 
20 under Section 30.1 of the Pharmacy Practice Act. 
21  (ff) Information that is exempted from disclosure 
22 under the Revised Uniform Unclaimed Property Act. 
23  (gg) Information that is prohibited from being 
24 disclosed under Section 7-603.5 of the Illinois Vehicle 
25 Code. 
26  (hh) Records that are exempt from disclosure under 
 
 
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1 Section 1A-16.7 of the Election Code. 
2  (ii) Information which is exempted from disclosure 
3 under Section 2505-800 of the Department of Revenue Law of 
4 the Civil Administrative Code of Illinois. 
5  (jj) Information and reports that are required to be 
6 submitted to the Department of Labor by registering day and 
7 temporary labor service agencies but are exempt from 
8 disclosure under subsection (a-1) of Section 45 of the Day 
9 and Temporary Labor Services Act. 
10  (kk) Information prohibited from disclosure under the 
11 Seizure and Forfeiture Reporting Act. 
12  (ll) Information the disclosure of which is restricted 
13 and exempted under Section 5-30.8 of the Illinois Public 
14 Aid Code. 
15  (mm) (ll) Records that are exempt from disclosure under 
16 Section 4.2 of the Crime Victims Compensation Act. 
17  (nn) (ll) Information that is exempt from disclosure 
18 under Section 70 of the Higher Education Student Assistance 
19 Act. 
20  (oo) Data reported by an employer to the Department of 
21 Human Rights pursuant to Section 2-108 of the Illinois 
22 Human Rights Act.
23(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
24eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
2599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
26100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
 
 
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18-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
2eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
3100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised 
410-12-18.)

5 Section 2-10. The Uniform Arbitration Act is amended by 
6changing Section 1 as follows:




7 (710 ILCS 5/1) (from Ch. 10, par. 101)



8 Sec. 1. Validity of arbitration agreement. A written

9agreement to submit any existing controversy to arbitration
or 
10a provision in a written contract to submit to arbitration
any 
11controversy thereafter arising between the parties is
valid, 
12enforceable and irrevocable save upon such grounds as
exist for 
13the revocation of any contract, except: (1) as provided in the 
14Workplace Transparency Act; and (2) that any
agreement between 
15a patient and a hospital or health care
provider to submit to 
16binding arbitration a claim for damages
arising out of (i) (1) 
17injuries alleged to have been received by
a patient, or (ii) 
18(2) death of a patient, due to hospital or health
care provider 
19negligence or other wrongful act, but not
including intentional 
20torts, is also subject to the Health
Care Arbitration Act.

21(Source: P.A. 80-1012; 80-1031.)


22 Section 2-15. The Illinois Human Rights Act is amended by 
23changing Sections 1-103, 2-101, 2-102, and 6-102 and by adding 
 
 
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1Sections 2-108, 7-114, and 8-109.1 as follows:

2 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
3 Sec. 1-103. General definitions.  When used in this Act, 
4unless the
context requires otherwise, the term:


5 (A) Age. "Age" means the chronological age of a person who 
6is at least
40 years old, except with regard to any practice 
7described in Section
2-102, insofar as that practice concerns 
8training or apprenticeship
programs. In the case of training or 
9apprenticeship programs, for the
purposes of Section 2-102, 
10"age" means the chronological age of a person
who is 18 but not 
11yet 40 years old.


12 (B) Aggrieved party. "Aggrieved party" means a person who 
13is alleged
or proved to have been injured by a civil rights 
14violation or believes he
or she will be injured by a civil 
15rights violation under Article 3 that is
about to occur.


16 (C) Charge. "Charge" means an allegation filed with the 
17Department
by an aggrieved party or initiated by the Department 
18under its
authority.


19 (D) Civil rights violation. "Civil rights violation" 
20includes and
shall be limited to only those specific acts set 
21forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 
223-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, 
236-101, and 6-102 of this Act.


24 (E) Commission. "Commission" means the Human Rights 
25Commission
created by this Act.


 
 
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1 (F) Complaint. "Complaint" means the formal pleading filed 
2by
the Department with the Commission following an 
3investigation and
finding of substantial evidence of a civil 
4rights violation.


5 (G) Complainant. "Complainant" means a person including 
6the
Department who files a charge of civil rights violation 
7with the Department or
the Commission.


8 (H) Department. "Department" means the Department of Human 
9Rights
created by this Act.


10 (I) Disability. "Disability" means a determinable physical 
11or mental
characteristic of a person, including, but not 
12limited to, a determinable
physical characteristic which 
13necessitates the person's use of a guide,
hearing or support 
14dog, the history of such characteristic, or the
perception of 
15such characteristic by the person complained against, which
may 
16result from disease, injury, congenital condition of birth or

17functional disorder and which characteristic:


18  (1) For purposes of Article 2, is unrelated to the 
19 person's ability
to perform the duties of a particular job 
20 or position and, pursuant to
Section 2-104 of this Act, a 
21 person's illegal use of drugs or alcohol is not a

22 disability;


23  (2) For purposes of Article 3, is unrelated to the 
24 person's ability
to acquire, rent, or maintain a housing 
25 accommodation;


26  (3) For purposes of Article 4, is unrelated to a 
 
 
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1 person's ability to
repay;


2  (4) For purposes of Article 5, is unrelated to a 
3 person's ability to
utilize and benefit from a place of 
4 public accommodation;


5  (5) For purposes of Article 5, also includes any 
6 mental, psychological, or developmental disability, 
7 including autism spectrum disorders. 
8 (J) Marital status. "Marital status" means the legal status 
9of being
married, single, separated, divorced, or widowed.


10 (J-1) Military status. "Military status" means a person's 
11status on
active duty in or status as a veteran of the armed 
12forces of the United States, status as a current member or 
13veteran of any
reserve component of the armed forces of the 
14United States, including the United
States Army Reserve, United 
15States Marine Corps Reserve, United States Navy
Reserve, United 
16States Air Force Reserve, and United States Coast Guard

17Reserve, or status as a current member or veteran of the 
18Illinois Army National Guard or Illinois Air National
Guard.


19 (K) National origin. "National origin" means the place in 
20which a
person or one of his or her ancestors was born.


21 (K-5) "Order of protection status" means a person's status 
22as being a person protected under an order of protection issued 
23pursuant to the Illinois Domestic Violence Act of 1986, Article 
24112A of the Code of Criminal Procedure of 1963, the Stalking No 
25Contact Order Act, or the Civil No Contact Order Act, or an 
26order of protection issued by a court of another state. 
 
 
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1 (L) Person. "Person" includes one or more individuals, 
2partnerships,
associations or organizations, labor 
3organizations, labor unions, joint
apprenticeship committees, 
4or union labor associations, corporations, the
State of 
5Illinois and its instrumentalities, political subdivisions, 
6units
of local government, legal representatives, trustees in 
7bankruptcy
or receivers.


8 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, 
9or medical or common conditions related to pregnancy or 
10childbirth. 
11 (M) Public contract. "Public contract" includes every 
12contract to which the
State, any of its political subdivisions, 
13or any municipal corporation is a
party.


14 (N) Religion. "Religion" includes all aspects of religious 
15observance
and practice, as well as belief, except that with 
16respect to employers, for
the purposes of Article 2, "religion" 
17has the meaning ascribed to it in
paragraph (F) of Section 
182-101.


19 (O) Sex. "Sex" means the status of being male or female.


20 (O-1) Sexual orientation. "Sexual orientation" means 
21actual or
perceived heterosexuality, homosexuality, 
22bisexuality, or gender-related identity,
whether or not 
23traditionally associated with the person's designated sex at

24birth. "Sexual orientation" does not include a physical or 
25sexual attraction to a minor by an adult.

26 (P) Unfavorable military discharge. "Unfavorable military 
 
 
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1discharge"
includes discharges from the Armed Forces of the 
2United States, their
Reserve components, or any National Guard 
3or Naval Militia which are
classified as RE-3 or the equivalent 
4thereof, but does not include those
characterized as RE-4 or 
5"Dishonorable".


6 (Q) Unlawful discrimination. "Unlawful discrimination" 
7means discrimination
against a person because of his or her 
8actual or perceived: race, color, religion, national origin,

9ancestry, age, sex, marital status, order of protection status, 
10disability, military status, sexual
orientation, pregnancy,
or 
11unfavorable
discharge from military service as those terms are 
12defined in this Section.


13(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)




14 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)



15 Sec. 2-101. Definitions. The following definitions are 
16applicable
strictly in the context of this Article.

17 (A) Employee.

18  (1) "Employee" includes:

19   (a) Any individual performing services for 
20 remuneration within this
State for an employer;

21   (b) An apprentice;

22   (c) An applicant for any apprenticeship.

23  For purposes of subsection (D) of Section 2-102 of this 
24 Act, "employee" also includes an unpaid intern. An unpaid 
25 intern is a person who performs work for an employer under 
 
 
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1 the following circumstances:
2   (i) the employer is not committed to hiring the 
3 person performing the work at the conclusion of the 
4 intern's tenure;
5   (ii) the employer and the person performing the 
6 work agree that the person is not entitled to wages for 
7 the work performed; and
8   (iii) the work performed:
9    (I) supplements training given in an 
10 educational environment that may enhance the 
11 employability of the intern;
12    (II) provides experience for the benefit of 
13 the person performing the work;
14    (III) does not displace regular employees; 
15    (IV) is performed under the close supervision 
16 of existing staff; and 
17    (V) provides no immediate advantage to the 
18 employer providing the training and may

19 occasionally impede the operations of the 
20 employer. 
21  (2) "Employee" does not include:

22   (a) (Blank);

23   (b) Individuals employed by persons who are not 
24 "employers" as
defined by this Act;

25   (c) Elected public officials or the members of 
26 their immediate
personal staffs;

 
 
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1   (d) Principal administrative officers of the State 
2 or of any
political subdivision, municipal corporation 
3 or other governmental unit
or agency;

4   (e) A person in a vocational rehabilitation 
5 facility certified under
federal law who has been 
6 designated an evaluee, trainee, or work
activity 
7 client.

8 (B) Employer.

9  (1) "Employer" includes:

10   (a) Any person employing 15 or more employees 
11 within Illinois during
20 or more calendar weeks within 
12 the calendar year of or preceding the alleged

13 violation;

14   (b) Any person employing one or more employees when 
15 a complainant
alleges civil rights violation due to 
16 unlawful discrimination based
upon his or her physical 
17 or mental disability unrelated to ability, pregnancy, 
18 or
sexual harassment;

19   (c) The State and any political subdivision, 
20 municipal corporation
or other governmental unit or 
21 agency, without regard to the number of
employees;

22   (d) Any party to a public contract without regard 
23 to the number of
employees;

24   (e) A joint apprenticeship or training committee 
25 without regard to the
number of employees.

26  (2) "Employer" does not include any religious 
 
 
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1 corporation,
association, educational institution, 
2 society, or non-profit nursing
institution conducted by 
3 and for those who rely upon treatment by prayer
through 
4 spiritual means in accordance with the tenets of a 
5 recognized
church or religious denomination with respect 
6 to the employment of
individuals of a particular religion 
7 to perform work connected with the
carrying on by such 
8 corporation, association, educational institution,
society 
9 or non-profit nursing institution of its activities.

10 (C) Employment Agency. "Employment Agency" includes both 
11public and
private employment agencies and any person, labor 
12organization, or labor
union having a hiring hall or hiring 
13office regularly undertaking, with
or without compensation, to 
14procure opportunities to work, or to
procure, recruit, refer or 
15place employees.

16 (D) Labor Organization. "Labor Organization" includes any

17organization, labor union, craft union, or any voluntary 
18unincorporated
association designed to further the cause of the 
19rights of union labor
which is constituted for the purpose, in 
20whole or in part, of collective
bargaining or of dealing with 
21employers concerning grievances, terms or
conditions of 
22employment, or apprenticeships or applications for

23apprenticeships, or of other mutual aid or protection in 
24connection with
employment, including apprenticeships or 
25applications for apprenticeships.

26 (E) Sexual Harassment. "Sexual harassment" means any 
 
 
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1unwelcome sexual
advances or requests for sexual favors or any 
2conduct of a sexual nature
when (1) submission to such conduct 
3is made either explicitly or implicitly
a term or condition of 
4an individual's employment, (2) submission to or
rejection of 
5such conduct by an individual is used as the basis for

6employment decisions affecting such individual, or (3) such 
7conduct has the
purpose or effect of substantially interfering 
8with an individual's work
performance or creating an 
9intimidating, hostile or offensive working
environment.

10 For purposes of this definition, the phrase "working 
11environment" is not limited to a physical location an employee 
12is assigned to perform his or her duties. 
13 (F) Religion. "Religion" with respect to employers 
14includes all
aspects of religious observance and practice, as 
15well as belief, unless an
employer demonstrates that he is 
16unable to reasonably accommodate an
employee's or prospective 
17employee's religious observance or practice
without undue 
18hardship on the conduct of the employer's business.

19 (G) Public Employer. "Public employer" means the State, an 
20agency or
department thereof, unit of local government, school 
21district,
instrumentality or political subdivision.

22 (H) Public Employee. "Public employee" means an employee of 
23the State,
agency or department thereof, unit of local 
24government, school district,
instrumentality or political 
25subdivision. "Public employee" does not include
public 
26officers or employees of the General Assembly or agencies 
 
 
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1thereof.

2 (I) Public Officer. "Public officer" means a person who is 
3elected to
office pursuant to the Constitution or a statute or 
4ordinance, or who is
appointed to an office which is 
5established, and the qualifications and
duties of which are 
6prescribed, by the Constitution or a statute or
ordinance, to 
7discharge a public duty for the State, agency or department

8thereof, unit of local government, school district, 
9instrumentality or
political subdivision.

10 (J) Eligible Bidder. "Eligible bidder" means a person who, 
11prior to contract award or prior to bid opening for State 
12contracts for construction or construction-related services, 
13has filed with the Department a properly completed, sworn and

14currently valid employer report form, pursuant to the 
15Department's regulations.
The provisions of this Article 
16relating to eligible bidders apply only
to bids on contracts 
17with the State and its departments, agencies, boards,
and 
18commissions, and the provisions do not apply to bids on 
19contracts with
units of local government or school districts.

20 (K) Citizenship Status. "Citizenship status" means the 
21status of being:

22  (1) a born U.S. citizen;

23  (2) a naturalized U.S. citizen;

24  (3) a U.S. national; or

25  (4) a person born outside the United States and not a 
26 U.S. citizen who
is not an unauthorized alien and who is 
 
 
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1 protected from discrimination under
the provisions of 
2 Section 1324b of Title 8 of the United States Code, as
now 
3 or hereafter amended.

4(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, 
5eff. 8-9-17.)




6 (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)



7 Sec. 2-102. Civil rights violations - employment. It is a 
8civil
rights violation:

9  (A) Employers. For any employer to refuse to hire, to 
10 segregate, to engage in harassment, or
to act with respect 
11 to recruitment, hiring, promotion, renewal of employment,

12 selection for training or apprenticeship, discharge, 
13 discipline, tenure or
terms, privileges or conditions of 
14 employment on the basis of unlawful
discrimination or 
15 citizenship status. However, an employer is responsible 
16 for harassment by the employer's nonmanagerial and 
17 nonsupervisory employees only if the employer becomes 
18 aware of the conduct and fails to take corrective measures. 
19 For the purpose of this subdivision (A), the phrase "to 
20 engage in harassment" includes verbal or physical conduct 
21 and any other conduct that has the purpose or effect of 
22 substantially interfering with an individual's work 
23 performance or creating an intimidating, hostile or 
24 offensive working environment on the basis of unlawful 
25 discrimination or citizenship status. 

 
 
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1  (A-5) Language. For an employer to impose a restriction 
2 that has the
effect of prohibiting a language from being 
3 spoken by an employee in
communications that are unrelated 
4 to the employee's duties.

5  For the purposes of this subdivision (A-5), "language" 
6 means a person's
native tongue, such as Polish, Spanish, or

7 Chinese.
"Language" does not include such things as slang, 
8 jargon, profanity, or
vulgarity.

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

2 apprenticeship on the basis of unlawful discrimination or 
3 citizenship
status or to accept from any person any job 
4 order, requisition or request
for referral of applicants 
5 for employment or apprenticeship which makes or
has the 
6 effect of making unlawful discrimination or discrimination 
7 on the
basis of citizenship status a condition of referral.

8  (C) Labor organization. For any labor organization to 
9 limit,
segregate or classify its membership, or to limit 
10 employment
opportunities, selection and training for 
11 apprenticeship in any trade or
craft, or otherwise to take, 
12 or fail to take, any action which affects
adversely any 
13 person's status as an employee or as an applicant for

14 employment or as an apprentice, or as an applicant for 
15 apprenticeships,
or wages, tenure, hours of employment or 
16 apprenticeship conditions on the
basis of unlawful 
17 discrimination or citizenship status.

18  (D) Sexual harassment. For any employer, employee, 
19 agent of any employer,
employment agency or labor 
20 organization to engage in sexual harassment;
provided, 
21 that an employer shall be responsible for sexual harassment

22 of the employer's employees by nonemployees or 
23 nonmanagerial and nonsupervisory
employees only if the 
24 employer becomes aware of the conduct and fails to
take 
25 reasonable corrective measures.

26  (D-5) Sexual harassment of nonemployees. For any 
 
 
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1 employer, employee, agent of any employer, employment 
2 agency, or labor organization to engage in sexual 
3 harassment of nonemployees in the workplace. However, an 
4 employer is responsible for sexual harassment of 
5 nonemployees by the employer's nonmanagerial and 
6 nonsupervisory employees only if the employer becomes 
7 aware of the conduct and fails to take reasonable 
8 corrective measures. For purposes of this subdivision 
9 (D-5), "nonemployees" include contractors, subcontractors, 
10 vendors, consultants, or other persons performing work 
11 pursuant to a contract. 
12  (E) Public employers. For any public employer to refuse 
13 to permit a
public employee under its jurisdiction who 
14 takes time off from work in
order to practice his or her 
15 religious beliefs to engage in work, during hours
other 
16 than such employee's regular working hours, consistent 
17 with the
operational needs of the employer and in order to 
18 compensate for work time
lost for such religious reasons. 
19 Any employee who elects such deferred
work shall be 
20 compensated at the wage rate which he or she would have

21 earned during the originally scheduled work period. The 
22 employer may
require that an employee who plans to take 
23 time off from work in order to
practice his or her 
24 religious beliefs provide the employer with a notice of
his 
25 or her intention to be absent from work not exceeding 5 
26 days prior to
the date of absence.

 
 
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1  (E-5) Religious discrimination. For any employer to 
2 impose upon a person as a condition of obtaining or 
3 retaining employment, including opportunities for 
4 promotion, advancement, or transfer, any terms or 
5 conditions that would require such person to violate or 
6 forgo a sincerely held practice of his or her religion 
7 including, but not limited to, the wearing of any attire, 
8 clothing, or facial hair in accordance with the 
9 requirements of his or her religion, unless, after engaging 
10 in a bona fide effort, the employer demonstrates that it is 
11 unable to reasonably accommodate the employee's or 
12 prospective employee's sincerely held religious belief, 
13 practice, or observance without undue hardship on the 
14 conduct of the employer's business. 
15  Nothing in this Section prohibits an employer from 
16 enacting a dress code or grooming policy that may include 
17 restrictions on attire, clothing, or facial hair to 
18 maintain workplace safety or food sanitation. 
19  (F) Training and apprenticeship programs. For any 
20 employer,
employment agency or labor organization to 
21 discriminate against a person on
the basis of age in the 
22 selection, referral for or conduct of apprenticeship
or 
23 training programs.

24  (G) Immigration-related practices. 
25   (1) for an employer to request for
purposes of 
26 satisfying the requirements of Section 1324a(b) of 
 
 
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1 Title 8 of
the United States Code, as now or hereafter 
2 amended, more or different
documents than are required 
3 under such Section or to refuse to honor
documents 
4 tendered that on their face reasonably appear to be 
5 genuine; or

6   (2) for an employer participating in the E-Verify 
7 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot 
8 Programs for Employment Eligibility Confirmation 
9 (enacted by PL 104-208, div. C title IV, subtitle A) to 
10 refuse to hire, to segregate, or to act with respect to 
11 recruitment, hiring, promotion, renewal of employment, 
12 selection for training or apprenticeship, discharge, 
13 discipline, tenure or terms, privileges or conditions 
14 of employment without following the procedures under 
15 the E-Verify Program.
16  (H) (Blank).


17  (I) Pregnancy. For an employer to refuse to hire, to 
18 segregate, or to act with respect to recruitment, hiring, 
19 promotion, renewal of employment, selection for training 
20 or apprenticeship, discharge, discipline, tenure or terms, 
21 privileges or conditions of employment on the basis of 
22 pregnancy, childbirth, or medical or common conditions 
23 related to pregnancy or childbirth. Women affected by 
24 pregnancy, childbirth, or medical or common conditions 
25 related to pregnancy or childbirth shall be treated the 
26 same for all employment-related purposes, including 
 
 
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1 receipt of benefits under fringe benefit programs, as other 
2 persons not so affected but similar in their ability or 
3 inability to work, regardless of the source of the 
4 inability to work or employment classification or status. 
5  (J) Pregnancy; reasonable accommodations.
6   (1) If after a job applicant or employee, including 
7 a part-time, full-time, or probationary employee, 
8 requests a reasonable accommodation, for an employer 
9 to not make reasonable accommodations for any medical 
10 or common condition of a job applicant or employee 
11 related to pregnancy or childbirth, unless the 
12 employer can demonstrate that the accommodation would 
13 impose an undue hardship on the ordinary operation of 
14 the business of the employer. The employer may request 
15 documentation from the employee's health care provider 
16 concerning the need for the requested reasonable 
17 accommodation or accommodations to the same extent 
18 documentation is requested for conditions related to 
19 disability if the employer's request for documentation 
20 is job-related and consistent with business necessity. 
21 The employer may require only the medical 
22 justification for the requested accommodation or 
23 accommodations, a description of the reasonable 
24 accommodation or accommodations medically advisable, 
25 the date the reasonable accommodation or 
26 accommodations became medically advisable, and the 
 
 
10100SB1829sam001- 32 -LRB101 10761 LNS 59519 a


1 probable duration of the reasonable accommodation or 
2 accommodations. It is the duty of the individual 
3 seeking a reasonable accommodation or accommodations 
4 to submit to the employer any documentation that is 
5 requested in accordance with this paragraph. 
6 Notwithstanding the provisions of this paragraph, the 
7 employer may require documentation by the employee's 
8 health care provider to determine compliance with 
9 other laws. The employee and employer shall engage in a 
10 timely, good faith, and meaningful exchange to 
11 determine effective reasonable accommodations.
12   (2) For an employer to deny employment 
13 opportunities or benefits to or take adverse action 
14 against an otherwise qualified job applicant or 
15 employee, including a part-time, full-time, or 
16 probationary employee, if the denial or adverse action 
17 is based on the need of the employer to make reasonable 
18 accommodations to the known medical or common 
19 conditions related to the pregnancy or childbirth of 
20 the applicant or employee.
21   (3) For an employer to require a job applicant or 
22 employee, including a part-time, full-time, or 
23 probationary employee, affected by pregnancy, 
24 childbirth, or medical or common conditions related to 
25 pregnancy or childbirth to accept an accommodation 
26 when the applicant or employee did not request an 
 
 
10100SB1829sam001- 33 -LRB101 10761 LNS 59519 a


1 accommodation and the applicant or employee chooses 
2 not to accept the employer's accommodation.
3   (4) For an employer to require an employee, 
4 including a part-time, full-time, or probationary 
5 employee, to take leave under any leave law or policy 
6 of the employer if another reasonable accommodation 
7 can be provided to the known medical or common 
8 conditions related to the pregnancy or childbirth of an 
9 employee. No employer shall fail or refuse to reinstate 
10 the employee affected by pregnancy, childbirth, or 
11 medical or common conditions related to pregnancy or 
12 childbirth to her original job or to an equivalent 
13 position with equivalent pay and accumulated 
14 seniority, retirement, fringe benefits, and other 
15 applicable service credits upon her signifying her 
16 intent to return or when her need for reasonable 
17 accommodation ceases, unless the employer can 
18 demonstrate that the accommodation would impose an 
19 undue hardship on the ordinary operation of the 
20 business of the employer.
21  For the purposes of this subdivision (J), "reasonable 
22 accommodations" means reasonable modifications or 
23 adjustments to the job application process or work 
24 environment, or to the manner or circumstances under which 
25 the position desired or held is customarily performed, that 
26 enable an applicant or employee affected by pregnancy, 
 
 
10100SB1829sam001- 34 -LRB101 10761 LNS 59519 a


1 childbirth, or medical or common conditions related to 
2 pregnancy or childbirth to be considered for the position 
3 the applicant desires or to perform the essential functions 
4 of that position, and may include, but is not limited to: 
5 more frequent or longer bathroom breaks, breaks for 
6 increased water intake, and breaks for periodic rest; 
7 private non-bathroom space for expressing breast milk and 
8 breastfeeding; seating; assistance with manual labor; 
9 light duty; temporary transfer to a less strenuous or 
10 hazardous position; the provision of an accessible 
11 worksite; acquisition or modification of equipment; job 
12 restructuring; a part-time or modified work schedule; 
13 appropriate adjustment or modifications of examinations, 
14 training materials, or policies; reassignment to a vacant 
15 position; time off to recover from conditions related to 
16 childbirth; and leave necessitated by pregnancy, 
17 childbirth, or medical or common conditions resulting from 
18 pregnancy or childbirth.
19  For the purposes of this subdivision (J), "undue 
20 hardship" means an action that is prohibitively expensive 
21 or disruptive when considered in light of the following 
22 factors: (i) the nature and cost of the accommodation 
23 needed; (ii) the overall financial resources of the 
24 facility or facilities involved in the provision of the 
25 reasonable accommodation, the number of persons employed 
26 at the facility, the effect on expenses and resources, or 
 
 
10100SB1829sam001- 35 -LRB101 10761 LNS 59519 a


1 the impact otherwise of the accommodation upon the 
2 operation of the facility; (iii) the overall financial 
3 resources of the employer, the overall size of the business 
4 of the employer with respect to the number of its 
5 employees, and the number, type, and location of its 
6 facilities; and (iv) the type of operation or operations of 
7 the employer, including the composition, structure, and 
8 functions of the workforce of the employer, the geographic 
9 separateness, administrative, or fiscal relationship of 
10 the facility or facilities in question to the employer. The 
11 employer has the burden of proving undue hardship. The fact 
12 that the employer provides or would be required to provide 
13 a similar accommodation to similarly situated employees 
14 creates a rebuttable presumption that the accommodation 
15 does not impose an undue hardship on the employer.
16  No employer is required by this subdivision (J) to 
17 create additional employment that the employer would not 
18 otherwise have created, unless the employer does so or 
19 would do so for other classes of employees who need 
20 accommodation. The employer is not required to discharge 
21 any employee, transfer any employee with more seniority, or 
22 promote any employee who is not qualified to perform the 
23 job, unless the employer does so or would do so to 
24 accommodate other classes of employees who need it.
25  (K) Notice.
26   (1) For an employer to fail to post or keep posted 
 
 
10100SB1829sam001- 36 -LRB101 10761 LNS 59519 a


1 in a conspicuous location on the premises of the 
2 employer where notices to employees are customarily 
3 posted, or fail to include in any employee handbook 
4 information concerning an employee's rights under this 
5 Article, a notice, to be prepared or approved by the 
6 Department, summarizing the requirements of this 
7 Article and information pertaining to the filing of a 
8 charge, including the right to be free from unlawful 
9 discrimination, the right to be free from sexual 
10 harassment, and the right to certain reasonable 
11 accommodations. The Department shall make the 
12 documents required under this paragraph available for 
13 retrieval from the Department's website. 
14   (2) Upon notification of a violation of paragraph 
15 (1) of this subdivision (K), the Department may launch 
16 a preliminary investigation. If the Department finds a 
17 violation, the Department may issue a notice to show 
18 cause giving the employer 30 days to correct the 
19 violation. If the violation is not corrected, the 
20 Department may initiate a charge of a civil rights 
21 violation. 
22(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)


23 (775 ILCS 5/2-108 new)
24 Sec. 2-108. Employer disclosure requirements.
25 (A) Definitions. The following definitions are applicable 
 
 
10100SB1829sam001- 37 -LRB101 10761 LNS 59519 a


1strictly to this Section:
2  (1) "Employer" includes:
3   (a) any party to a public contract without regard 
4 to the number of employees who, during the year 
5 preceding the reporting period required under 
6 subsection (B), has entered into a settlement as 
7 defined by paragraph (2) or who has had an adverse 
8 judgment or administrative ruling entered against the 
9 party as defined by paragraph (3);
10   (b) any person employing one or more employees 
11 within this State during the 20 or more calendar weeks 
12 within the preceding calendar year who, during the year 
13 preceding the reporting period required under 
14 subsection (B), has entered into a settlement as 
15 defined by subsection paragraph (2) or who has had an 
16 adverse judgment or administrative ruling entered 
17 against him or her as defined by paragraph (3);
18   (c) a labor organization, as defined in Section 
19 2-101, that, during the year preceding the reporting 
20 period required under subsection (B), has entered into 
21 a settlement as defined by paragraph (2) or that has 
22 had an adverse judgment or administrative ruling 
23 entered against it as defined by paragraph (3); and
24   (d) the State and any political subdivision, 
25 municipal corporation, or other governmental unit or 
26 agency, without regard to the number of employees that, 
 
 
10100SB1829sam001- 38 -LRB101 10761 LNS 59519 a


1 during the year preceding the reporting period 
2 required under subsection (B), has entered into a 
3 settlement as defined by paragraph (2) or that has had 
4 an adverse judgment or administrative ruling entered 
5 against it as defined by paragraph (3). 
6  (2) "Settlement" means any written commitment or 
7 agreement, including any agreed judgment, stipulation, 
8 decree, agreement to settle, assurance of discontinuance, 
9 or otherwise between an employee, as defined by subsection 
10 (A), and an employer under which the employer directly or 
11 indirectly provides to an individual compensation or other 
12 consideration due to an allegation that the individual has 
13 been a victim of sexual harassment or unlawful 
14 discrimination under this Act.
15  (3) "Adverse judgment or administrative ruling" means 
16 any final adverse judgment or final administrative ruling 
17 entered in favor of an employee as defined by subsection 
18 (A) and against the employer during the preceding year 
19 based on claims of sexual harassment or unlawful 
20 discrimination brought under this Act, Title VII of the 
21 Civil Rights Act of 1964, or any other federal, State, or 
22 local law prohibiting sexual harassment or unlawful 
23 discrimination. 
24 (B) Required disclosures. Beginning July 1, 2020, each 
25employer under this Section shall disclose annually to the 
26Department of Human Rights the following information:
 
 
10100SB1829sam001- 39 -LRB101 10761 LNS 59519 a


1  (1) the total number of settlements entered into during 
2 the preceding year by the employer or a corporate executive 
3 of the employer that relate to any alleged act of sexual 
4 harassment or unlawful discrimination that:
5   (a) occurred in the workplace of the employer; or
6   (b) involved the behavior of an employee of the 
7 employer or a corporate executive of the employer, 
8 without regard to whether that behavior occurred in the 
9 workplace of the employer;
10  (2) how many settlements described in paragraph (1) are 
11 in each of the following categories:
12   (a) sexual harassment or discrimination on the 
13 basis of sex;
14   (b) discrimination or harassment on the basis of 
15 race, color, or national origin;
16   (c) discrimination or harassment on the basis of 
17 religion;
18   (d) discrimination or harassment on the basis of 
19 age;
20   (e) discrimination or harassment on the basis of 
21 disability;
22   (f) discrimination or harassment on the basis of 
23 military status or unfavorable discharge from military 
24 status;
25   (g) discrimination or harassment on the basis of 
26 sexual orientation or gender identity; and
 
 
10100SB1829sam001- 40 -LRB101 10761 LNS 59519 a


1   (h) discrimination or harassment on the basis of 
2 any other characteristic protected under this Act;
3  (3) the total number of adverse judgments or 
4 administrative rulings during the preceding year;
5  (4) whether any equitable relief was ordered against 
6 the employer in any adverse judgment or administrative 
7 ruling described in paragraph (3);
8  (5) how many adverse judgments or administrative 
9 rulings described in paragraph (3) are in each of the 
10 following categories:
11   (a) sexual harassment or discrimination on the 
12 basis of sex;
13   (b) discrimination or harassment on the basis of 
14 race, color, or national origin;
15   (c) discrimination or harassment on the basis of 
16 religion;
17   (d) discrimination or harassment on the basis of 
18 age;
19   (e) discrimination or harassment on the basis of 
20 disability;
21   (f) discrimination or harassment on the basis of 
22 military status or unfavorable discharge from military 
23 status;
24   (g) discrimination or harassment on the basis of 
25 sexual orientation or gender identity; and
26   (h) discrimination or harassment on the basis of 
 
 
10100SB1829sam001- 41 -LRB101 10761 LNS 59519 a


1 any other characteristic protected under this Act;
2 (C) Prohibited disclosures. An employer may not disclose 
3the name of a victim of an act of alleged sexual harassment or 
4unlawful discrimination in any disclosures required under this 
5Section.
6 (D) Annual report. The Department shall publish an annual 
7report aggregating the information reported by employers under 
8this Section such that no individual employer data is available 
9to the public. The report shall include:
10  (1) the number of settlements entered into during the 
11 preceding calendar year based on each of the protected 
12 classes identified by this Act; and
13  (2) the number of adverse judgments or administrative 
14 rulings filed during the preceding calendar year based on 
15 each of the protected classes identified by this Act.
16 The report shall be filed with the General Assembly and 
17made available to the public by December 31 of each reporting 
18year. Data submitted by an employer to comply with this Section 
19is exempt from the Freedom of Information Act.
20 (E) Pattern and practice violations. The Department may 
21open a preliminary investigation if the information disclosed 
22under this Section identifies an employer or a corporate 
23executive of the employer who may have engaged in a pattern and 
24practice of unlawful discrimination under this Act. If a 
25pattern and practice of unlawful discrimination is found, the 
26Department shall initiate a charge of a civil rights violation. 
 
 
10100SB1829sam001- 42 -LRB101 10761 LNS 59519 a


1 (F) Failure to report and penalties. If an employer fails 
2to make any disclosures required under this Section, the 
3Department shall issue a notice to show cause giving the 
4employer 30 days to disclose the required information. If the 
5employer does not make the required disclosures within 30 days, 
6the Department shall the petition the Illinois Human Rights 
7Commission for entry of an order imposing a civil penalty 
8against the employer pursuant to Section 8-109.1. The civil 
9penalty shall be paid into the Department of Human Rights' 
10Training and Development Fund.
11 (G) Rules. The Department shall adopt any rules it deems 
12necessary for implementation of this Section. 

13 (775 ILCS 5/6-102)
14 Sec. 6-102. Violations of other Acts. A person who violates 
15the Section 11-117-12.2 of the Illinois Municipal Code, Section 
16224.05 of the Illinois Insurance Code, Section 8-201.5 of the 
17Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11, 
18and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of 
19the Interest Act, the Military Personnel Cellular Phone 
20Contract Termination Act, Section 405-272 of the Civil 
21Administrative Code of Illinois, Section 10-63 of the Illinois 
22Administrative Procedure Act, Sections 30.25 and 30.30 of the 
23Military Code of Illinois, Section 16 of the Landlord and 
24Tenant Act, Section 26.5 of the Retail Installment Sales Act, 
25or Section 37 of the Motor Vehicle Leasing Act, or the 
 
 
10100SB1829sam001- 43 -LRB101 10761 LNS 59519 a


1Workplace Transparency Act commits a civil rights violation 
2within the meaning of this Act.

3(Source: P.A. 100-1101, eff. 1-1-19.)

4 (775 ILCS 5/7-114 new)
5 Sec. 7-114. Sexual harassment prevention training. 
6 (A) The General Assembly finds that the Equal Employment 
7Opportunity Commission estimates that 25% to 85% of working 
8women have experienced sexual harassment on the job. 
9Organizational tolerance of sexual harassment has a 
10detrimental influence in workplaces by creating a hostile 
11environment for women, reducing productivity, and increasing 
12legal liability. It is the General Assembly's intent to 
13encourage employers to adopt and actively implement policies to 
14ensure their workplaces are safe for women to report concerns 
15about sexual harassment without fear of retaliation, loss of 
16status, or loss of promotional opportunities.
17 (B) The Department shall produce a model sexual harassment 
18prevention training program aimed at the prevention of sexual 
19harassment in the workplace. The model program shall be made 
20available to employers at no cost. This model program shall be 
21interactive and, at a minimum, include the following:
22  (1) an explanation of sexual harassment consistent 
23 with this Act;
24  (2) examples of conduct that constitutes unlawful 
25 sexual harassment;
 
 
10100SB1829sam001- 44 -LRB101 10761 LNS 59519 a


1  (3) an explanation of harassment based on sex 
2 consistent with this Act;
3  (4) examples of conduct that constitute unlawful 
4 harassment based on sex;
5  (5) a summary of federal and State statutory provisions 
6 concerning harassment based on sex, sexual harassment, and 
7 all remedies available to victims of sexual harassment or 
8 harassment based on sex;
9  (6) a summary of employees' rights and available 
10 remedies and forums to adjudicate complaints;
11  (7) examples of appropriate and inappropriate conduct 
12 by supervisors; and 
13  (8) a summary of responsibilities of employers in the 
14 prevention, investigation, and adjudication of sexual 
15 harassment.
16 (C) Every employer shall use the model sexual harassment 
17prevention training program under this Section or establish a 
18training program for employees and supervisors to prevent 
19sexual harassment that equals or exceeds the minimum standards 
20provided by the model training. The sexual harassment 
21prevention training shall be provided to all employees on an 
22annual basis.
23 (D) Failure to train and penalties. If an employer violates 
24this Section, the Department shall issue a notice to show cause 
25giving the employer 30 days to comply. If the employer does not 
26comply within 30 days, the Department shall petition the Human 
 
 
10100SB1829sam001- 45 -LRB101 10761 LNS 59519 a


1Rights Commission for entry of an order imposing a civil 
2penalty against the employer pursuant to Section 8-109.1. The 
3civil penalty shall be paid into the Department of Human 
4Rights' Training and Development Fund.

5 (775 ILCS 5/8-109.1 new)
6 Sec. 8-109.1. Civil penalties; failure to report; failure 
7to train.
8 (A) A hearing officer may recommend the Commission or any 
93-member panel thereof may: 
10  (1) Failure to Report. In the case of an employer who 
11 fails to make any disclosures required under Section 2-108, 
12 order that a civil penalty be imposed pursuant to 
13 subsection (B).
14  (2) Failure to Train. In the case of an employer who 
15 fails to comply with the sexual harassment prevention 
16 training requirements under Section 2-114, order that a 
17 civil penalty be imposed pursuant to subsection (B).
18 (B) Civil Penalty. An employer who violates Section 2-108 
19or 2-114 is subjected to a civil penalty as follows:
20  (1) For an employer with fewer than 4 employees: a 
21 penalty not to exceed $500 for a first offense; a penalty 
22 not to exceed $1,000 for a second offense; a penalty not to 
23 exceed $3,000 for a third or subsequent offense.
24  (2) For an employer with 4 or more employees: a penalty 
25 not to exceed $1,000 for a first offense; a penalty not to 
 
 
10100SB1829sam001- 46 -LRB101 10761 LNS 59519 a


1 exceed $3,000 for a second offense; a penalty not to exceed 
2 $5,000 for a third or subsequent offense.
3 (C) The appropriateness of the penalty to the size of the 
4employer charged, the good faith efforts made by the employer 
5to comply, and the gravity of the violation shall be considered 
6in determining the amount of the civil penalty.

7 Section 2-20. The Victims' Economic Security and Safety Act 
8is amended by changing Sections 10, 15, 20, 25, 30, and 45 as 
9follows:



10 (820 ILCS 180/10)



11 Sec. 10. Definitions. In this Act, except as otherwise 
12expressly provided:

13  (1) "Commerce" includes trade, traffic, commerce,

14 transportation, or communication; and "industry or 
15 activity
affecting commerce" means any activity, business, 
16 or industry in
commerce or in which a labor dispute would 
17 hinder or obstruct
commerce or the free flow of commerce, 
18 and includes "commerce" and
any "industry affecting 
19 commerce".

20  (2) "Course of conduct" means a course of repeatedly 
21 maintaining
a visual or physical proximity to a person or 
22 conveying oral or
written threats, including threats 
23 conveyed through electronic
communications, or threats 
24 implied by conduct.

 
 
10100SB1829sam001- 47 -LRB101 10761 LNS 59519 a


1  (3) "Department" means the Department of Labor.

2  (4) "Director" means the Director of Labor.

3  (5) "Domestic or sexual violence" means domestic 
4 violence, sexual
assault, or stalking.

5  (6) "Domestic violence" means abuse, as defined in 
6 Section 103 of the Illinois Domestic Violence Act of 1986, 
7 by a family or household member, as defined in Section 103 
8 of the Illinois Domestic Violence Act of 1986.

9  (7) "Electronic communications" includes 
10 communications via
telephone, mobile phone, computer, 
11 e-mail, video recorder, fax
machine, telex, or pager, 
12 online platform (including, but not limited to, any 
13 public-facing website, web application, digital 
14 application, or social network), or any other electronic 
15 communication, as defined in Section 12-7.5 of the Criminal 
16 Code of 2012.

17  (8) "Employ" includes to suffer or permit to work.

18  (9) Employee.

19   (A) In general. "Employee" means any person 
20 employed by an employer.

21   (B) Basis. "Employee" includes a person employed 
22 as described in
subparagraph (A) on a full or part-time 
23 basis,
or as a participant in a work
assignment as a 
24 condition of receipt of federal or State
income-based 
25 public assistance.

26  (10) "Employer" means any of the following: (A) the 
 
 
10100SB1829sam001- 48 -LRB101 10761 LNS 59519 a


1 State or any agency
of the
State; (B) any unit of local 
2 government or school district; or (C) any person
that 
3 employs
at least one employee.

4  (11) "Employment benefits" means all benefits provided 
5 or made
available to employees by an employer, including 
6 group life
insurance, health insurance, disability 
7 insurance, sick leave,
annual leave, educational benefits, 
8 pensions, and profit-sharing, regardless of
whether such 
9 benefits are provided by a practice or written
policy of an 
10 employer or through an "employee benefit plan".
"Employee 
11 benefit plan" or "plan" means an employee welfare
benefit 
12 plan or an employee pension benefit plan or a plan which
is 
13 both an employee welfare benefit plan and an employee 
14 pension
benefit plan.

15  (12) "Family or household member", for employees with a 
16 family or household member who is a victim of domestic 
17 violence, sexual violence, or sexual harassment or sexual 
18 violence, means a spouse,
parent, son, daughter, other 
19 person related by blood or by present or prior marriage, 
20 other person who shares a relationship through a son or 
21 daughter, and persons jointly residing
in the same 
22 household.

23  (13) "Parent" means the biological parent of an 
24 employee or an
individual who stood in loco parentis to an 
25 employee when the
employee was a son or daughter. "Son or 
26 daughter" means
a biological, adopted, or foster child, a 
 
 
10100SB1829sam001- 49 -LRB101 10761 LNS 59519 a


1 stepchild, a legal
ward, or a child of a person standing in 
2 loco parentis, who is
under 18 years of age, or is 18 years 
3 of age or older and incapable
of self-care because of a 
4 mental or physical disability.

5  (14) "Perpetrator" means an individual who commits or 
6 is alleged
to have committed any act or threat of domestic 
7 violence, sexual violence, or sexual harassment or sexual

8 violence.

9  (15) "Person" means an individual, partnership, 
10 association,
corporation, business trust, legal 
11 representative, or any
organized group of persons.

12  (16) "Public agency" means the Government of the State 
13 or
political subdivision thereof; any agency of the State, 
14 or of a
political subdivision of the State; or any 
15 governmental agency.

16  (17) "Public assistance" includes cash, food stamps, 
17 medical
assistance, housing assistance, and other benefits 
18 provided on
the basis of income by a public agency or 
19 public employer.

20  (18) "Reduced work schedule" means a work schedule that 
21 reduces
the usual number of hours per workweek, or hours 
22 per workday, of
an employee.

23  (19) "Repeatedly" means on 2 or more occasions.

24  (20) "Sexual assault" means any conduct proscribed by: 
25 (i) Article 11 of the Criminal Code of 2012 except Sections 
26 11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1, 
 
 
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1 12-15, and 12-16 of the Criminal Code of 2012; or (iii) a 
2 similar provision of the Criminal Code of 1961 the
Criminal 
3 Code of 1961 or the Criminal Code of 2012 in Sections 
4 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 
5 12-14.1,
12-15, and 12-16.

6  (21) "Stalking" means any conduct proscribed by the 
7 Criminal
Code of 1961 or the Criminal Code of 2012 in 
8 Sections 12-7.3, 12-7.4, and 12-7.5.

9  (22) "Victim" or "survivor" means an individual who has

10 been subjected to domestic violence, sexual violence, or 
11 sexual harassment or sexual violence.

12  (23) "Victim services organization" means a nonprofit,

13 nongovernmental organization that provides assistance to 
14 victims
of domestic violence, sexual violence, or sexual 
15 harassment or sexual violence or to advocates for such 
16 victims,
including a rape crisis center, an organization 
17 carrying out a
domestic violence program, an organization 
18 operating a shelter or
providing counseling services, or a 
19 legal services organization
or other organization 
20 providing assistance through the legal
process.

21  (24) "Emotional distress" means significant mental 
22 suffering, anxiety, or alarm.
23  (25) "Sexual harassment" means any harassment or 
24 discrimination on the basis of an individual's actual or 
25 perceived sex or gender, including unwelcome sexual 
26 advances, requests for sexual favors, other verbal or 
 
 
10100SB1829sam001- 51 -LRB101 10761 LNS 59519 a


1 physical conduct of a sexual nature, or any other conduct 
2 of a sexual nature directed at a specific person that would 
3 cause the victim or survivor emotional distress. 
4(Source: P.A. 99-765, eff. 1-1-17.)





5 (820 ILCS 180/15)



6 Sec. 15. Purposes. The purposes of this Act are:


7  (1) to promote the State's interest in reducing 
8 domestic
violence, dating violence, sexual assault, sexual 
9 harassment, and stalking by
enabling victims of domestic 
10 violence, sexual violence, or sexual harassment or sexual 
11 violence to maintain the
financial independence necessary 
12 to leave abusive situations,
achieve safety, and minimize 
13 the physical and emotional injuries
from domestic 
14 violence, sexual violence, or sexual harassment or sexual 
15 violence, and to reduce the devastating
economic 
16 consequences of domestic violence, sexual violence, or 
17 sexual harassment or sexual violence to employers
and 
18 employees;


19  (2) to address the failure of existing laws to protect 
20 the
employment rights of employees who are victims of 
21 domestic violence, sexual violence, or sexual harassment 
22 or
sexual violence and employees with a family or household 
23 member
who is a victim of domestic violence, sexual 
24 violence, or sexual harassment or sexual violence, by 
25 protecting the
civil and economic rights of those 
 
 
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1 employees, and by furthering
the equal opportunity of women 
2 for economic self-sufficiency and
employment free from 
3 discrimination;


4  (3) to accomplish the purposes described in paragraphs 
5 (1) and (2) by (A)
entitling
employed victims of domestic 
6 violence, sexual violence, or sexual harassment or sexual 
7 violence and employees with a family or household member 
8 who is a victim of domestic violence, sexual violence, or 
9 sexual harassment or sexual violence to take unpaid leave 
10 to seek
medical
help, legal assistance, counseling, safety 
11 planning, and other assistance
without penalty from their 
12 employers for the employee or the family or household 
13 member who is a victim; and (B) prohibiting employers from 
14 discriminating against any employee who is a victim of 
15 domestic violence, sexual violence, or sexual harassment 
16 or sexual violence or any employee who has a family or 
17 household member who is a victim of domestic violence, 
18 sexual violence, or sexual harassment or sexual violence, 
19 in a manner that accommodates the legitimate interests of 
20 employers and protects the safety of all persons in the 
21 workplace.

22(Source: P.A. 96-635, eff. 8-24-09.)




23 (820 ILCS 180/20)



24 Sec. 20. Entitlement to leave due to domestic violence, 
25sexual violence, or sexual harassment or sexual violence. 

 
 
10100SB1829sam001- 53 -LRB101 10761 LNS 59519 a


1 (a) Leave requirement.

2  (1) Basis. An employee who is a victim of domestic 
3 violence, sexual violence, or sexual harassment or sexual

4 violence or an employee who has a family or household 
5 member who is a victim of
domestic violence, sexual 
6 violence, or sexual harassment or sexual violence whose 
7 interests are not adverse to
the employee as it relates to 
8 the domestic violence, sexual violence, or sexual 
9 harassment or sexual violence may take unpaid
leave
from 
10 work if the employee or employee's family or household 
11 member is experiencing an incident of domestic violence, 
12 sexual violence, or sexual harassment or sexual violence or 
13 to address domestic violence, sexual violence, or sexual 
14 harassment or
sexual violence by:

15   (A) seeking medical attention for, or recovering 
16 from,
physical or psychological injuries caused by 
17 domestic violence, sexual violence, or sexual 
18 harassment or
sexual violence to the employee or the 
19 employee's family or
household member;

20   (B) obtaining services from a victim services 
21 organization
for the employee or the employee's family 
22 or household
member;

23   (C) obtaining psychological or other counseling 
24 for the
employee or the employee's family or household 
25 member;

26   (D) participating in safety planning, temporarily 
 
 
10100SB1829sam001- 54 -LRB101 10761 LNS 59519 a


1 or
permanently relocating, or taking other actions to 
2 increase
the safety of the employee or the employee's 
3 family or
household member from future domestic 
4 violence, sexual violence, or sexual harassment or 
5 sexual violence or
ensure economic security; or

6   (E) seeking legal assistance or remedies to ensure 
7 the
health and safety of the employee or the employee's 
8 family
or household member, including preparing for or

9 participating in any civil or criminal legal 
10 proceeding
related to or derived from domestic 
11 violence, sexual violence, or sexual harassment or 
12 sexual violence.

13  (2) Period. Subject to subsection (c), an employee 
14 working for an employer that employs
at least 50 employees 
15 shall be
entitled to a total of 12 workweeks of leave 
16 during any 12-month
period. Subject to subsection (c), an 
17 employee working for an employer that employs
at least 15 
18 but not more than 49 employees shall be entitled to a total 
19 of 8 workweeks of leave during any 12-month period. Subject 
20 to subsection (c), an employee working for an employer that 
21 employs at least one but not more than 14 employees shall 
22 be entitled to a total of 4 workweeks of leave during any 
23 12-month period. The total number of workweeks to which an 
24 employee is entitled shall not decrease during the relevant 
25 12-month period. This Act does not create a right for an 
26 employee to take
unpaid leave that exceeds the unpaid leave 
 
 
10100SB1829sam001- 55 -LRB101 10761 LNS 59519 a


1 time allowed under, or
is in addition to the unpaid leave 
2 time permitted by, the federal
Family and Medical Leave Act 
3 of 1993 (29 U.S.C. 2601 et seq.).

4  (3) Schedule. Leave described in paragraph (1) may be 
5 taken consecutively,
intermittently, or on a reduced work 
6 schedule.

7 (b) Notice. The employee shall provide the employer with at 
8least 48 hours'
advance
notice of the employee's intention to 
9take the leave, unless providing
such notice is not 
10practicable. When an unscheduled absence occurs,
the employer 
11may not take any action against the employee if the
employee, 
12upon request of the employer and within a reasonable period 
13after the absence, provides
certification under subsection 
14(c).

15 (c) Certification.

16  (1) In general. The employer may require the employee 
17 to provide
certification to the employer
that:

18   (A) the employee or the employee's family or 
19 household
member is a victim of domestic violence, 
20 sexual violence, or sexual harassment or sexual 
21 violence; and

22   (B) the leave is for one of the purposes enumerated 
23 in
paragraph (a)(1).

24  The employee shall provide such certification to the 
25 employer within a
reasonable period after the employer 
26 requests certification.

 
 
10100SB1829sam001- 56 -LRB101 10761 LNS 59519 a


1  (2) Contents. An employee may satisfy the 
2 certification
requirement of paragraph (1) by providing to 
3 the employer
a sworn statement of the employee, and upon 
4 obtaining such documents the
employee shall provide:

5   (A) documentation from an employee, agent, or 
6 volunteer of
a victim services organization, an 
7 attorney, a member of
the clergy, or a medical or other 
8 professional from whom
the employee or the employee's 
9 family or household member
has sought assistance in 
10 addressing domestic violence, sexual violence, or 
11 sexual harassment or sexual
violence and the effects of 
12 the violence or harassment;

13   (B) a police or court record; or

14   (C) other corroborating evidence.

15  The employee may choose which document to submit if 
16 that document demonstrates the basis of the leave allowed 
17 under Section 20 of this Act. An employee is not required 
18 to provide additional documentation if a subsequent leave 
19 request is for the same reason for leave previously used 
20 and for the same incident of domestic violence, sexual 
21 violence, or sexual harassment or the same perpetrator of 
22 the domestic violence, sexual violence, or sexual 
23 harassment. 
24 (d) Confidentiality. All information provided to the 
25employer pursuant
to subsection (b) or (c), including a 
26statement of the employee or any
other documentation, record, 
 
 
10100SB1829sam001- 57 -LRB101 10761 LNS 59519 a


1or corroborating evidence, and the fact
that the employee has 
2requested or obtained leave pursuant to this
Section, shall be 
3retained in the strictest confidence by the employer,
except to 
4the extent that disclosure is:

5  (1) requested or consented to in writing by the 
6 employee; or

7  (2) otherwise required by applicable federal or State 
8 law.

9 (e) Employment and benefits.

10  (1) Restoration to position.

11   (A) In general. Any
employee who takes leave under 
12 this Section for the
intended purpose of the leave 
13 shall be entitled, on return
from such leave:

14    (i) to be restored by the employer to the 
15 position of
employment held by the employee when 
16 the leave
commenced; or

17    (ii) to be restored to an equivalent position 
18 with
equivalent employment benefits, pay, and 
19 other terms
and conditions of employment.

20   (B) Loss of benefits. The taking of leave under 
21 this
Section shall not result in the loss of any 
22 employment
benefit accrued prior to the date on which 
23 the leave
commenced.

24   (C) Limitations. Nothing in this subsection shall 
25 be
construed to entitle any restored employee to:

26    (i) the accrual of any seniority or employment

 
 
10100SB1829sam001- 58 -LRB101 10761 LNS 59519 a


1 benefits during any period of leave; or

2    (ii) any right, benefit, or position of 
3 employment
other than any right, benefit, or 
4 position to which
the employee would have been 
5 entitled had the
employee not taken the leave.

6   (D) Construction. Nothing in this paragraph shall 
7 be
construed to prohibit an employer from requiring an

8 employee on leave under this Section to report 
9 periodically
to the employer on the status and 
10 intention of the employee
to return to work.

11  (2) Maintenance of health benefits.

12   (A) Coverage. Except as provided in subparagraph 
13 (B),
during any period that an employee takes leave 
14 under this
Section, the employer shall maintain 
15 coverage for the
employee and any family or household 
16 member under any group
health plan for the duration of 
17 such leave at the level and
under the conditions 
18 coverage would have been provided if
the employee had 
19 continued in employment continuously for
the duration 
20 of such leave.

21   (B) Failure to return from leave. The employer may 
22 recover
the premium that the employer paid for 
23 maintaining coverage
for the employee and the 
24 employee's family or household
member under such group 
25 health plan during any period of
leave under this 
26 Section if:

 
 
10100SB1829sam001- 59 -LRB101 10761 LNS 59519 a


1    (i) the employee fails to return from leave 
2 under
this Section after the period of leave to 
3 which the
employee is entitled has expired; and

4    (ii) the employee fails to return to work for a

5 reason other than:

6     (I) the continuation, recurrence, or onset 
7 of
domestic violence, sexual violence, or 
8 sexual harassment or sexual violence that 
9 entitles the
employee to leave pursuant to this 
10 Section; or

11     (II) other circumstances beyond the 
12 control of the employee.

13   (C) Certification.

14    (i) Issuance. An employer may require an 
15 employee who
claims that the employee is unable to 
16 return to work
because of a reason described in 
17 subclause (I) or
(II) of subparagraph (B)(ii) to 
18 provide, within a
reasonable period after making 
19 the claim,
certification to the employer that the 
20 employee is
unable to return to work because of 
21 that reason. The employee shall choose which 
22 document to submit. 

23    (ii) Contents. An employee may satisfy the

24 certification requirement of clause (i) by 
25 providing
to the employer:

26     (I) a sworn statement of the employee;

 
 
10100SB1829sam001- 60 -LRB101 10761 LNS 59519 a


1     (II) documentation from an employee, 
2 agent, or
volunteer of a victim services 
3 organization, an
attorney, a member of the 
4 clergy, or a medical
or other professional from 
5 whom the employee
has sought assistance in 
6 addressing domestic violence, sexual violence, 
7 or sexual harassment or
sexual violence and the 
8 effects of that
violence or harassment;

9     (III) a police or court record; or

10     (IV) other corroborating evidence.

11   (D) Confidentiality. All information provided to 
12 the
employer pursuant to subparagraph (C), including a

13 statement of the employee or any other documentation,

14 record, or corroborating evidence, and the fact that 
15 the
employee is not returning to work because of a 
16 reason
described in subclause (I) or (II) of 
17 subparagraph (B)(ii)
shall be retained in the 
18 strictest confidence by the
employer, except to the 
19 extent that disclosure is:

20    (i) requested or consented to in writing by the

21 employee; or

22    (ii) otherwise required by applicable federal 
23 or
State law.

24 (f) Prohibited acts.

25  (1) Interference with rights.

26   (A) Exercise of rights. It shall be unlawful for 
 
 
10100SB1829sam001- 61 -LRB101 10761 LNS 59519 a


1 any
employer to interfere with, restrain, or deny the 
2 exercise
of or the attempt to exercise any right 
3 provided under
this Section.

4   (B) Employer discrimination. It shall be unlawful 
5 for any
employer to discharge or harass any individual, 
6 or
otherwise discriminate against any individual with 
7 respect
to compensation, terms, conditions, or 
8 privileges of
employment of the individual (including 
9 retaliation in any
form or manner) because the 
10 individual:

11    (i) exercised any right provided under this 
12 Section;
or

13    (ii) opposed any practice made unlawful by 
14 this
Section.

15   (C) Public agency sanctions. It shall be unlawful 
16 for any
public agency to deny, reduce, or terminate the 
17 benefits
of, otherwise sanction, or harass any 
18 individual, or
otherwise discriminate against any 
19 individual with respect
to the amount, terms, or 
20 conditions of public assistance of
the individual 
21 (including retaliation in any form or
manner) because 
22 the individual:

23    (i) exercised any right provided under this 
24 Section;
or

25    (ii) opposed any practice made unlawful by 
26 this
Section.

 
 
10100SB1829sam001- 62 -LRB101 10761 LNS 59519 a


1  (2) Interference with proceedings or inquiries. It 
2 shall be
unlawful for any person to discharge or in any 
3 other manner
discriminate (as described in subparagraph 
4 (B) or (C) of
paragraph (1)) against any individual because 
5 such individual:

6   (A) has filed any charge, or has instituted or 
7 caused to be
instituted any proceeding, under or 
8 related to this
Section;

9   (B) has given, or is about to give, any information 
10 in
connection with any inquiry or proceeding relating 
11 to any
right provided under this Section; or

12   (C) has testified, or is about to testify, in any 
13 inquiry
or proceeding relating to any right provided 
14 under this Section.

15 (g) Disciplinary action. Nothing in this Section shall be 
16construed to prohibit an employer from taking disciplinary 
17action, up to and including termination, against an employee 
18who uses leave provided pursuant to this Act for purposes other 
19than those described in this Section. 
20(Source: P.A. 99-765, eff. 1-1-17.)





21 (820 ILCS 180/25)



22 Sec. 25. 
Existing leave usable for addressing domestic 
23violence, sexual violence, or sexual harassment or sexual

24violence. An employee who is entitled to take paid or unpaid 
25leave (including
family, medical, sick, annual, personal, or 
 
 
10100SB1829sam001- 63 -LRB101 10761 LNS 59519 a


1similar leave) from employment,
pursuant to federal, State, or 
2local law, a collective bargaining agreement, or
an
employment 
3benefits program or plan, may elect to substitute any period of 
4such
leave for an equivalent period of leave provided under 
5Section 20. The employer may not require the employee to 
6substitute available paid or unpaid leave for leave provided 
7under Section 20.

8(Source: P.A. 96-635, eff. 8-24-09.)





9 (820 ILCS 180/30)



10 Sec. 30. Victims' employment sustainability; prohibited

11discriminatory acts.
12 (a) An employer shall not fail to hire, refuse to hire,

13discharge, constructively discharge, or harass any individual, 
14otherwise discriminate against any
individual with respect to 
15the compensation, terms, conditions, or
privileges of 
16employment of the individual, or retaliate against an

17individual in any form or manner, and a public agency shall not 
18deny,
reduce, or terminate the benefits of, otherwise sanction, 
19or harass any
individual, otherwise discriminate against any 
20individual with respect
to the amount, terms, or conditions of 
21public assistance of the
individual, or retaliate against an 
22individual in any form or manner,
because:

23  (1) the individual involved:

24   (A) is or is perceived to be a victim of domestic 
25 violence, sexual violence, or sexual harassment or 
 
 
10100SB1829sam001- 64 -LRB101 10761 LNS 59519 a


1 sexual
violence;

2   (B) attended, participated in, prepared for, or 
3 requested
leave to attend, participate in, or prepare 
4 for a criminal
or civil court proceeding relating to an 
5 incident of
domestic violence, sexual violence, or 
6 sexual harassment or sexual violence of which the 
7 individual or a
family or household member of the 
8 individual was a victim, or requested or took leave for 
9 any other reason provided under Section 20;


10   (C) requested an adjustment to a job structure, 
11 workplace
facility, or work requirement, including a 
12 transfer,
reassignment, or modified schedule, leave, a 
13 changed
telephone number or seating assignment, 
14 installation of a
lock, or implementation of a safety 
15 procedure or any other reasonable accommodation in 
16 response
to actual or threatened domestic violence, 
17 sexual violence, or sexual harassment or sexual 
18 violence,
regardless of whether the request was 
19 granted; or
20   (D) is an employee whose employer is subject to 
21 Section 21 of the Workplace Violence Prevention Act; or 

22  (2) the workplace is disrupted or threatened by the 
23 action of a
person whom the individual states has committed 
24 or threatened to
commit domestic violence, sexual 
25 violence, or sexual harassment or sexual violence against 
26 the individual or the
individual's family or household 
 
 
10100SB1829sam001- 65 -LRB101 10761 LNS 59519 a


1 member.

2 (b) In this Section:

3  (1) "Discriminate", used with respect to the terms, 
4 conditions,
or privileges of employment or with respect to 
5 the terms or
conditions of public assistance, includes not 
6 making a reasonable
accommodation to the known limitations 
7 resulting from
circumstances relating to being a victim of 
8 domestic violence, sexual violence, or sexual harassment 
9 or sexual
violence or a family or household member being a 
10 victim of
domestic violence, sexual violence, or sexual 
11 harassment or sexual violence of an otherwise qualified 
12 individual:

13   (A) who is:

14    (i) an applicant or employee of the employer 
15 (including a
public agency); or

16    (ii) an applicant for or recipient of public 
17 assistance
from a public agency; and

18   (B) who is:

19    (i) or is perceived to be a victim of domestic 
20 violence, sexual violence, or sexual harassment a 
21 victim of domestic or sexual violence; or

22    (ii) with a family or household member who is a 
23 victim of
domestic violence, sexual violence, or 
24 sexual harassment or sexual violence whose 
25 interests are not adverse to
the individual in 
26 subparagraph (A) as it relates to the domestic 
 
 
10100SB1829sam001- 66 -LRB101 10761 LNS 59519 a


1 violence, sexual violence, or sexual harassment
or 
2 sexual violence;

3 unless the employer or public agency can demonstrate that 
4 the
accommodation would impose an undue hardship on the 
5 operation of
the employer or public agency.

6  A reasonable accommodation must be made in a timely 
7 fashion. Any exigent circumstances or danger facing the 
8 employee or his or her family or household member shall be 
9 considered in determining whether the accommodation is 
10 reasonable. 
11  (2) "Qualified individual" means:

12   (A) in the case of an applicant or employee 
13 described in
paragraph (1)(A)(i), an individual who, 
14 but for being a
victim of domestic violence, sexual 
15 violence, or sexual harassment or sexual violence or 
16 with a family or
household member who is a victim of 
17 domestic violence, sexual violence, or sexual 
18 harassment or sexual
violence, can perform the 
19 essential functions of the
employment position that 
20 such individual holds or desires;
or

21   (B) in the case of an applicant or recipient 
22 described in
paragraph (1)(A)(ii), an individual who, 
23 but for being a
victim of domestic violence, sexual 
24 violence, or sexual harassment or sexual violence or 
25 with a family or
household member who is a victim of 
26 domestic violence, sexual violence, or sexual 
 
 
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1 harassment or sexual
violence, can satisfy the 
2 essential requirements of the
program providing the 
3 public assistance that the individual
receives or 
4 desires.

5  (3) "Reasonable accommodation" may include, but is not 
6 limited to, an adjustment to a job
structure, workplace 
7 facility, or work requirement, including a
transfer, 
8 reassignment, or modified schedule, leave, a changed

9 telephone number or seating assignment, installation of a 
10 lock,
or implementation of a safety procedure, or 
11 assistance in documenting domestic violence, sexual 
12 violence, or sexual harassment or sexual violence that 
13 occurs at the workplace or in work-related settings, in 
14 response to actual or
threatened domestic violence, sexual 
15 violence, or sexual harassment or sexual violence.

16  (4) Undue hardship.

17   (A) In general. "Undue hardship" means an action 
18 requiring
significant difficulty or expense, when 
19 considered in light
of the factors set forth in 
20 subparagraph (B).

21   (B) Factors to be considered. In determining 
22 whether a
reasonable accommodation would impose an 
23 undue hardship on
the operation of an employer or 
24 public agency, factors to
be considered include:

25    (i) the nature and cost of the reasonable

26 accommodation needed under this Section;

 
 
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1    (ii) the overall financial resources of the 
2 facility
involved in the provision of the 
3 reasonable
accommodation, the number of persons 
4 employed at such
facility, the effect on expenses 
5 and resources, or
the impact otherwise of such 
6 accommodation on the
operation of the facility;

7    (iii) the overall financial resources of the 
8 employer
or public agency, the overall size of the 
9 business of
an employer or public agency with 
10 respect to the
number of employees of the employer 
11 or public agency,
and the number, type, and 
12 location of the facilities
of an employer or public 
13 agency; and

14    (iv) the type of operation of the employer or 
15 public
agency, including the composition, 
16 structure, and
functions of the workforce of the 
17 employer or public
agency, the geographic 
18 separateness of the facility
from the employer or 
19 public agency, and the
administrative or fiscal 
20 relationship of the facility
to the employer or 
21 public agency.

22 (c) An employer subject to Section 21 of the Workplace 
23Violence Prevention Act shall not violate any provisions of the 
24Workplace Violence Prevention Act. 
25 (d) All information provided to the employer pursuant to 
26subsection (b) or (c), including a statement of the employee 
 
 
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1and any other documentation, record, or corroborating 
2evidence, and the fact that the employee has requested or 
3obtained leave pursuant to this Section, shall be retained in 
4the strictest confidence by the employer, except to the extent 
5that disclosure is:
6  (1) requested or consented to in writing by the 
7 employee; or
8  (2) otherwise required by applicable federal or State 
9 law. 
10(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)





11 (820 ILCS 180/45)



12 Sec. 45. Effect on other laws and employment benefits. 

13 (a) More protective laws, agreements, programs, and
plans. 
14Nothing in this Act shall be construed to supersede
any 
15provision of any federal, State, or local law, collective

16bargaining agreement, or employment benefits program or plan

17that provides:


18  (1) greater leave benefits for victims of domestic 
19 violence, sexual violence, or sexual harassment
or sexual 
20 violence than the rights established under this
Act; or


21  (2) leave benefits for a larger population of
victims 
22 of domestic violence, sexual violence, or sexual 
23 harassment or sexual violence (as defined in
such law, 
24 agreement, program, or plan) than the victims
of domestic 
25 violence, sexual violence, or sexual harassment or sexual 
 
 
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1 violence covered under this Act.

2 (b) Less protective laws, agreements, programs, and
plans. 
3The rights established for employees who are victims
of 
4domestic violence, sexual violence, or sexual harassment or 
5sexual violence and employees with a family or
household member 
6who is a victim of domestic violence, sexual violence, or 
7sexual harassment or sexual
violence under this Act shall not 
8be diminished by any
federal, State or local law, collective 
9bargaining agreement, or
employment benefits program or plan.

10(Source: P.A. 93-591, eff. 8-25-03.)


11
Article 3.



12 Section 3-1. Short title. This Article may be cited as the 
13Stopping Predators from Evading Allegations of Abuse of Kids 
14Act. References in this Article to "this Act" mean this 
15Article.

16 Section 3-5. Definitions. As used in this Act:
17 "Minor" means any person under the age of 18 years.
18 "Youth recreational athletic entity" means a team, 
19program, or event, including practice and competition, not 
20associated with a school, during which youth athletes 
21participate or practice to participate in an organized athletic 
22game or competition against another team, club, entity, or 
23individual.
 
 
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1 "Youth recreational athletic entity" includes, but is not 
2limited to, athletic activity sponsored by a recreation center, 
3community center, or private sports club.

4 Section 3-10. Prohibition on sexual abuse of children in 
5youth sports. A person who owns, is employed by, or volunteers 
6with a youth recreational athletic entity shall not, in that 
7capacity, employ, use, persuade, induce, entice, or coerce a 
8minor to engage in, or assist another person to engage in, 
9sexually explicit conduct or the rape, molestation, 
10prostitution, or other form of sexual exploitation of a minor, 
11including actual or simulated:
12 (1) sexual contact in the manner of genital-genital, 
13oral-genital, anal-genital, or oral-anal contact. For purposes 
14of this Act, "sexual contact" means the intentional touching, 
15either directly or through clothing, of the genitalia, anus, 
16groin, breast, inner thigh, or buttocks of any person with an 
17intent to abuse, humiliate, harass, degrade, or arouse or 
18gratify the sexual desire of any person;
19 (2) bestiality;
20 (3) masturbation;
21 (4) lascivious exhibition of the genitals or pubic area;
22 (5) sadistic or masochistic abuse; or
23 (6) any other sexual conduct or sexual penetration, as 
24defined in Section 11-0.1 of the Criminal Code of 2012.

 
 
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1 Section 3-15. Required reporting of child and sexual abuse 
2in youth sports. 
3 (a) Any person who owns, is employed by, or volunteers with 
4a youth recreational athletic entity and is subject to the 
5mandatory reporting requirements of the Abused and Neglected 
6Child Reporting Act shall also make a confidential report of 
7the suspected abuse to the relevant governing organization or 
8league that regulates or oversees the youth recreational 
9athletic entity as soon as practicable, but in no event later 
10than 10 days after learning of the incident.
11 (b) Nothing in this Act shall be construed to require a 
12victim of abuse to self-report the abuse.

13 Section 3-20. Posting of rights by youth recreational 
14athletic entity. Each youth recreational athletic entity shall 
15post in a clear and conspicuous place in its athletic 
16facilities and on its website a notice stating a minor's rights 
17under this Act as well as the toll-free number to the 24-hour 
18child abuse hotline of the Department of Children and Family 
19Services and contact information for all governing 
20organizations or leagues that regulate or oversee the youth 
21recreational athletic entity.

22 Section 3-25. Enforcement. 
23 (a) Any person who, as a result of a violation of Section 
243-10, suffers personal injury, regardless of whether the injury 
 
 
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1occurred when the person was a minor, has a right of action in 
2State circuit court. A prevailing plaintiff may recover for 
3each violation actual and compensatory damages, including, but 
4not limited to, damages for emotional distress, punitive 
5damages, reasonable attorney's fees and costs, including 
6expert witness fees and other litigation expenses, and such 
7equitable relief as may be appropriate.
8 (b) Any person who knowingly and willfully fails to notify 
9the relevant governing organization or league that regulates or 
10oversees the youth recreational athletic entity pursuant to 
11Section 3-15 may be subject to a civil penalty as follows: for 
12a first offense, a penalty not to exceed $250; for a second 
13offense, a penalty not to exceed $500; for a third or 
14subsequent offense, a penalty not to exceed $1,000. In 
15determining the amount of the penalty, the appropriateness of 
16the penalty and the gravity of the violation shall be 
17considered. The penalty may be recovered in a civil action 
18brought by the Director of the Department of Children and 
19Family Services in any circuit court.

20
Article 4.


21 Section 4-1. Short title. This Act may be cited as the 
22Sexual Harassment Victim Representation Act. References in 
23this Article to "this Act" mean this Article.

 
 
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1 Section 4-5. Definitions. In this Act:
2 "Perpetrator" means an individual who commits or is alleged 
3to have committed an act or threat of sexual harassment.
4 "Sexual harassment" means any unwelcome sexual advances or 
5requests for sexual favors or any conduct of a sexual nature 
6when: (i) submission to such conduct is made either explicitly 
7or implicitly a term or condition of an individual's 
8employment; (ii) submission to or rejection of such conduct by 
9an individual is used as the basis for employment decisions 
10affecting such individual; or (iii) such conduct has the 
11purpose or effect of substantially interfering with an 
12individual's work performance or creating an intimidating, 
13hostile, or offensive working environment.
14 "Union" means any organization defined as a "labor 
15organization" under Section 2 of the National Labor Relations 
16Act (29 U.S.C. 152).
17 "Union representative" means a person designated by a union 
18to represent a member of the union in any disciplinary 
19proceeding.
20 "Victim" means a victim of sexual harassment.

21 Section 4-10. Dual representation prohibited. 
22 (a) In any proceeding in which a victim who is a member of 
23a union has accused a perpetrator who is a member of the same 
24union, the victim and the perpetrator may not be represented in 
25the proceeding by the same union representative.
 
 
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1 (b) The union must designate separate union 
2representatives to represent the parties to the proceeding.".