Bill Amendment: IL SB1829 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: WORKPLACE TRANSPARENCY ACT

Status: 2021-01-13 - Session Sine Die [SB1829 Detail]

Download: Illinois-2019-SB1829-Senate_Amendment_001.html

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Sen. Melinda Bush

Filed: 4/9/2019

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AMENDMENT TO SENATE BILL 1829
AMENDMENT NO. ______. Amend Senate Bill 1829 by replacing
everything after the enacting clause with the following:
"Article 1.
Section 1-1. Short title. This Article may be cited as the
Workplace Transparency Act. References in this Article to "this
Act" mean this Article.
Section 1-5. Definitions. As used in this Act:
"Arbitration agreement" means an agreement between an
employer and an employee to submit to arbitration all or
certain disputes that arise in respect of a defined legal
relationship, whether contractual or not, and may be in the
form of an arbitration clause in a contract or in the form of a
separate agreement.
"Employee" has the same meaning as set forth in Section

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2-101 of the Illinois Human Rights Act.
"Employer" has the same meaning as set forth in Section
2-101 of the Illinois Human Rights Act.
"Nondisclosure clause" means a provision in a contract or
agreement between an employer and employee establishing that
the parties to the contract or agreement agree not to disclose
information covered by the terms and conditions of the contract
or agreement.
"Nondisparagement clause" means a provision in a contract
or agreement between an employer and employee requiring one or
more parties to the contract or agreement not to make negative
statements about the other.
"Sexual harassment" has the same meaning as set forth in
Section 2-101 of the Illinois Human Rights Act.
Section 1-10. Prohibitions.
(a) An employer may not enter into a contract or agreement
with an employee or applicant, as a condition of employment,
promotion, compensation, benefits, or change in employment
status or contractual relationship, or as a term, condition, or
privilege of employment, if that contract or agreement contains
a nondisclosure or nondisparagement clause that covers
harassment or discrimination as provided under Section 2-102 of
the Illinois Human Rights Act. Any such nondisclosure or
nondisparagement clause is severable, and all other provisions
of the employment contract shall remain in effect.

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(b) Notwithstanding any other provision of law, an employer
may not enforce or attempt to enforce a nondisparagement clause
or nondisclosure clause described in subsection (a) or
retaliate against an employee or applicant for reporting,
resisting, opposing, or assisting in the investigation of
harassment or discrimination as provided in Section 2-102 of
the Illinois Human Rights Act.
(c) Except when inconsistent with federal or State law, an
employer may enter into a contract or agreement with an
employee or applicant. However, an arbitration clause shall
contain a written exception for claims of harassment or
discrimination, as provided under Section 2-102 of the Illinois
Human Rights Act, and shall allow an employee or applicant to
pursue such claims against the employer through either arbitral
or judicial forums.
(d) An employer may not enforce or attempt to enforce an
arbitration clause entered into if the clause does not contain
the written exception required in subsection (c). Any such
arbitration clause is severable, and all other provisions of
the contract or agreement shall remain in effect.
Section 1-15. Voidable agreements. A contract or agreement
containing a provision contrary to this Act that was entered
into on or before the effective date of this Act shall be
voidable by a party who entered into it under any of the
following circumstances:

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(1) while under duress in the execution of the contract or
agreement;
(2) while incompetent or impaired at the time of execution
of the contract or agreement; or
(3) while a minor at the time of execution of the contract
or agreement, regardless of whether the person was represented
at the time by counsel, a guardian, or a parent.
Section 1-20. Unconscionable terms. There is a rebuttable
presumption that the following contractual terms are
unconscionable if they are included in an arbitration agreement
and the employee or applicant does not draft the contract or
agreement:
(1) A requirement that resolution of legal claims take
place in an inconvenient venue. As used in this paragraph,
"inconvenient venue" means: (i) for State law claims, a place
other than the county in which the employee or applicant
resides or the contract was consummated; and (ii) for federal
law claims, a place other than the federal judicial district in
which the employee or applicant resides or the contract was
consummated.
(2) A waiver of the employee or applicant's right to assert
claims or seek remedies provided by State or federal statute.
(3) A waiver of the employee or applicant's right to seek
punitive damages as provided by law.
(4) A provision limiting the time that an employee or

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applicant may bring an action to a period shorter than the
applicable statute of limitations.
(5) A requirement that the employee or applicant pay fees
and costs to bring a legal claim substantially in excess of the
fees and costs that State or federal courts require to bring a
claim.
Section 1-25. Settlement or separation agreements.
(a) This Act does not apply to a nondisclosure clause or
nondisparagement clause contained in a settlement agreement or
separation agreement that resolves legal claims or disputes if:
(1) the legal claims accrued or the disputes arose
before the settlement agreement or separation agreement
was executed;
(2) the clauses are mutually agreed upon and mutually
benefit both the employer and the employee;
(3) the settlement or separation agreement is provided
to all parties, unless knowingly and voluntarily waived by
the employee or applicant, and the employee or applicant
has 21 calendar days to consider the agreement before it is
executed; and
(4) unless knowingly and voluntarily waived by the
employee or applicant, the employee or applicant has 7
calendar days following execution of the agreement to
revoke the agreement and the agreement is not effective or
enforceable until the revocation period has expired.

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(b) An employer may not unilaterally include a
nondisclosure clause or nondisparagement clause that solely
benefits the employer in a separation or settlement agreement.
(c) Notwithstanding signing, before or after the effective
date of this Act, a settlement or separation agreement
containing a nondisclosure or nondisparagement clause, an
employee or applicant retains any right that person would
otherwise have had to report a concern about workplace
harassment or discrimination, including sexual harassment or
another violation of the law, to the Department of Human Rights
or any other federal, State, or local agency, and any right
that person would otherwise have had to bring an action in a
court of this State or of the United States.
Section 1-30. Enforcement. A violation of this Act
constitutes a civil rights violation under the Illinois Human
Rights Act.
Section 1-35. Application. If there is a conflict between
any collective bargaining agreement and this Act, the
collective bargaining agreement controls.
Section 1-40. Limitations. This Act shall not be construed
to limit an employer's ability to require confidentiality of:
(1) An employee who receives complaints of workplace
harassment, including sexual harassment, or other employment

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discrimination as a part of his or her assigned job duties; or
(2) An individual who is notified and requested to
participate in an open and ongoing investigation into alleged
workplace harassment, including sexual harassment, or other
employment discrimination and requested to maintain reasonable
confidentiality during the pendency of that investigation.
Section 1-45. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Article 2.
Section 2-5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

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records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

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plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being

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disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and

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Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding

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against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under

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Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(oo) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

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8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 2-10. The Uniform Arbitration Act is amended by
changing Section 1 as follows:
(710 ILCS 5/1) (from Ch. 10, par. 101)
Sec. 1. Validity of arbitration agreement. A written
agreement to submit any existing controversy to arbitration or
a provision in a written contract to submit to arbitration any
controversy thereafter arising between the parties is valid,
enforceable and irrevocable save upon such grounds as exist for
the revocation of any contract, except: (1) as provided in the
Workplace Transparency Act; and (2) that any agreement between
a patient and a hospital or health care provider to submit to
binding arbitration a claim for damages arising out of (i) (1)
injuries alleged to have been received by a patient, or (ii)
(2) death of a patient, due to hospital or health care provider
negligence or other wrongful act, but not including intentional
torts, is also subject to the Health Care Arbitration Act.
(Source: P.A. 80-1012; 80-1031.)
Section 2-15. The Illinois Human Rights Act is amended by
changing Sections 1-103, 2-101, 2-102, and 6-102 and by adding

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Sections 2-108, 7-114, and 8-109.1 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.

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(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(1) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a

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person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital status. "Marital status" means the legal status
of being married, single, separated, divorced, or widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986, Article
112A of the Code of Criminal Procedure of 1963, the Stalking No
Contact Order Act, or the Civil No Contact Order Act, or an
order of protection issued by a court of another state.

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(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political subdivisions,
or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable military discharge. "Unfavorable military

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discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection status,
disability, military status, sexual orientation, pregnancy, or
unfavorable discharge from military service as those terms are
defined in this Section.
(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of this
Act, "employee" also includes an unpaid intern. An unpaid
intern is a person who performs work for an employer under

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the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;
(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;

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(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing 15 or more employees
within Illinois during 20 or more calendar weeks within
the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees when
a complainant alleges civil rights violation due to
unlawful discrimination based upon his or her physical
or mental disability unrelated to ability, pregnancy,
or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any religious

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corporation, association, educational institution,
society, or non-profit nursing institution conducted by
and for those who rely upon treatment by prayer through
spiritual means in accordance with the tenets of a
recognized church or religious denomination with respect
to the employment of individuals of a particular religion
to perform work connected with the carrying on by such
corporation, association, educational institution, society
or non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or
place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of the
rights of union labor which is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any

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unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of
the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies

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thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the
Department's regulations. The provisions of this Article
relating to eligible bidders apply only to bids on contracts
with the State and its departments, agencies, boards, and
commissions, and the provisions do not apply to bids on
contracts with units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is not an unauthorized alien and who is

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protected from discrimination under the provisions of
Section 1324b of Title 8 of the United States Code, as now
or hereafter amended.
(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
eff. 8-9-17.)
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil rights violations - employment. It is a
civil rights violation:
(A) Employers. For any employer to refuse to hire, to
segregate, to engage in harassment, or to act with respect
to recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions of
employment on the basis of unlawful discrimination or
citizenship status. However, an employer is responsible
for harassment by the employer's nonmanagerial and
nonsupervisory employees only if the employer becomes
aware of the conduct and fails to take corrective measures.
For the purpose of this subdivision (A), the phrase "to
engage in harassment" includes verbal or physical conduct
and any other conduct that has the purpose or effect of
substantially interfering with an individual's work
performance or creating an intimidating, hostile or
offensive working environment on the basis of unlawful
discrimination or citizenship status.

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(A-5) Language. For an employer to impose a restriction
that has the effect of prohibiting a language from being
spoken by an employee in communications that are unrelated
to the employee's duties.
For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish, or
Chinese. "Language" does not include such things as slang,
jargon, profanity, or vulgarity.
(A-10) Harassment of nonemployees. For any employer,
employment agency, or labor organization to engage in
harassment of nonemployees in the workplace, including
verbal or physical conduct or any other conduct that has
the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating,
hostile, or offensive working environment on the basis of
unlawful discrimination or citizenship status. However, an
employer is responsible for harassment of nonemployees by
the employer's nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and fails
to take reasonable corrective measures. For purposes of
this subdivision (A-10), "nonemployees" include
contractors, subcontractors, vendors, consultants, or
other persons performing work pursuant to a contract.
(B) Employment agency. For any employment agency to
fail or refuse to classify properly, accept applications
and register for employment referral or apprenticeship

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referral, refer for employment, or refer for
apprenticeship on the basis of unlawful discrimination or
citizenship status or to accept from any person any job
order, requisition or request for referral of applicants
for employment or apprenticeship which makes or has the
effect of making unlawful discrimination or discrimination
on the basis of citizenship status a condition of referral.
(C) Labor organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to take,
or fail to take, any action which affects adversely any
person's status as an employee or as an applicant for
employment or as an apprentice, or as an applicant for
apprenticeships, or wages, tenure, hours of employment or
apprenticeship conditions on the basis of unlawful
discrimination or citizenship status.
(D) Sexual harassment. For any employer, employee,
agent of any employer, employment agency or labor
organization to engage in sexual harassment; provided,
that an employer shall be responsible for sexual harassment
of the employer's employees by nonemployees or
nonmanagerial and nonsupervisory employees only if the
employer becomes aware of the conduct and fails to take
reasonable corrective measures.
(D-5) Sexual harassment of nonemployees. For any

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employer, employee, agent of any employer, employment
agency, or labor organization to engage in sexual
harassment of nonemployees in the workplace. However, an
employer is responsible for sexual harassment of
nonemployees by the employer's nonmanagerial and
nonsupervisory employees only if the employer becomes
aware of the conduct and fails to take reasonable
corrective measures. For purposes of this subdivision
(D-5), "nonemployees" include contractors, subcontractors,
vendors, consultants, or other persons performing work
pursuant to a contract.
(E) Public employers. For any public employer to refuse
to permit a public employee under its jurisdiction who
takes time off from work in order to practice his or her
religious beliefs to engage in work, during hours other
than such employee's regular working hours, consistent
with the operational needs of the employer and in order to
compensate for work time lost for such religious reasons.
Any employee who elects such deferred work shall be
compensated at the wage rate which he or she would have
earned during the originally scheduled work period. The
employer may require that an employee who plans to take
time off from work in order to practice his or her
religious beliefs provide the employer with a notice of his
or her intention to be absent from work not exceeding 5
days prior to the date of absence.

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(E-5) Religious discrimination. For any employer to
impose upon a person as a condition of obtaining or
retaining employment, including opportunities for
promotion, advancement, or transfer, any terms or
conditions that would require such person to violate or
forgo a sincerely held practice of his or her religion
including, but not limited to, the wearing of any attire,
clothing, or facial hair in accordance with the
requirements of his or her religion, unless, after engaging
in a bona fide effort, the employer demonstrates that it is
unable to reasonably accommodate the employee's or
prospective employee's sincerely held religious belief,
practice, or observance without undue hardship on the
conduct of the employer's business.
Nothing in this Section prohibits an employer from
enacting a dress code or grooming policy that may include
restrictions on attire, clothing, or facial hair to
maintain workplace safety or food sanitation.
(F) Training and apprenticeship programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
(G) Immigration-related practices.
(1) for an employer to request for purposes of
satisfying the requirements of Section 1324a(b) of

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Title 8 of the United States Code, as now or hereafter
amended, more or different documents than are required
under such Section or to refuse to honor documents
tendered that on their face reasonably appear to be
genuine; or
(2) for an employer participating in the E-Verify
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
Programs for Employment Eligibility Confirmation
(enacted by PL 104-208, div. C title IV, subtitle A) to
refuse to hire, to segregate, or to act with respect to
recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions
of employment without following the procedures under
the E-Verify Program.
(H) (Blank).
(I) Pregnancy. For an employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training
or apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth. Women affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth shall be treated the
same for all employment-related purposes, including

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receipt of benefits under fringe benefit programs, as other
persons not so affected but similar in their ability or
inability to work, regardless of the source of the
inability to work or employment classification or status.
(J) Pregnancy; reasonable accommodations.
(1) If after a job applicant or employee, including
a part-time, full-time, or probationary employee,
requests a reasonable accommodation, for an employer
to not make reasonable accommodations for any medical
or common condition of a job applicant or employee
related to pregnancy or childbirth, unless the
employer can demonstrate that the accommodation would
impose an undue hardship on the ordinary operation of
the business of the employer. The employer may request
documentation from the employee's health care provider
concerning the need for the requested reasonable
accommodation or accommodations to the same extent
documentation is requested for conditions related to
disability if the employer's request for documentation
is job-related and consistent with business necessity.
The employer may require only the medical
justification for the requested accommodation or
accommodations, a description of the reasonable
accommodation or accommodations medically advisable,
the date the reasonable accommodation or
accommodations became medically advisable, and the

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probable duration of the reasonable accommodation or
accommodations. It is the duty of the individual
seeking a reasonable accommodation or accommodations
to submit to the employer any documentation that is
requested in accordance with this paragraph.
Notwithstanding the provisions of this paragraph, the
employer may require documentation by the employee's
health care provider to determine compliance with
other laws. The employee and employer shall engage in a
timely, good faith, and meaningful exchange to
determine effective reasonable accommodations.
(2) For an employer to deny employment
opportunities or benefits to or take adverse action
against an otherwise qualified job applicant or
employee, including a part-time, full-time, or
probationary employee, if the denial or adverse action
is based on the need of the employer to make reasonable
accommodations to the known medical or common
conditions related to the pregnancy or childbirth of
the applicant or employee.
(3) For an employer to require a job applicant or
employee, including a part-time, full-time, or
probationary employee, affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to accept an accommodation
when the applicant or employee did not request an

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accommodation and the applicant or employee chooses
not to accept the employer's accommodation.
(4) For an employer to require an employee,
including a part-time, full-time, or probationary
employee, to take leave under any leave law or policy
of the employer if another reasonable accommodation
can be provided to the known medical or common
conditions related to the pregnancy or childbirth of an
employee. No employer shall fail or refuse to reinstate
the employee affected by pregnancy, childbirth, or
medical or common conditions related to pregnancy or
childbirth to her original job or to an equivalent
position with equivalent pay and accumulated
seniority, retirement, fringe benefits, and other
applicable service credits upon her signifying her
intent to return or when her need for reasonable
accommodation ceases, unless the employer can
demonstrate that the accommodation would impose an
undue hardship on the ordinary operation of the
business of the employer.
For the purposes of this subdivision (J), "reasonable
accommodations" means reasonable modifications or
adjustments to the job application process or work
environment, or to the manner or circumstances under which
the position desired or held is customarily performed, that
enable an applicant or employee affected by pregnancy,

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childbirth, or medical or common conditions related to
pregnancy or childbirth to be considered for the position
the applicant desires or to perform the essential functions
of that position, and may include, but is not limited to:
more frequent or longer bathroom breaks, breaks for
increased water intake, and breaks for periodic rest;
private non-bathroom space for expressing breast milk and
breastfeeding; seating; assistance with manual labor;
light duty; temporary transfer to a less strenuous or
hazardous position; the provision of an accessible
worksite; acquisition or modification of equipment; job
restructuring; a part-time or modified work schedule;
appropriate adjustment or modifications of examinations,
training materials, or policies; reassignment to a vacant
position; time off to recover from conditions related to
childbirth; and leave necessitated by pregnancy,
childbirth, or medical or common conditions resulting from
pregnancy or childbirth.
For the purposes of this subdivision (J), "undue
hardship" means an action that is prohibitively expensive
or disruptive when considered in light of the following
factors: (i) the nature and cost of the accommodation
needed; (ii) the overall financial resources of the
facility or facilities involved in the provision of the
reasonable accommodation, the number of persons employed
at the facility, the effect on expenses and resources, or

10100SB1829sam001 - 35 - LRB101 10761 LNS 59519 a
the impact otherwise of the accommodation upon the
operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the business
of the employer with respect to the number of its
employees, and the number, type, and location of its
facilities; and (iv) the type of operation or operations of
the employer, including the composition, structure, and
functions of the workforce of the employer, the geographic
separateness, administrative, or fiscal relationship of
the facility or facilities in question to the employer. The
employer has the burden of proving undue hardship. The fact
that the employer provides or would be required to provide
a similar accommodation to similarly situated employees
creates a rebuttable presumption that the accommodation
does not impose an undue hardship on the employer.
No employer is required by this subdivision (J) to
create additional employment that the employer would not
otherwise have created, unless the employer does so or
would do so for other classes of employees who need
accommodation. The employer is not required to discharge
any employee, transfer any employee with more seniority, or
promote any employee who is not qualified to perform the
job, unless the employer does so or would do so to
accommodate other classes of employees who need it.
(K) Notice.
(1) For an employer to fail to post or keep posted

10100SB1829sam001 - 36 - LRB101 10761 LNS 59519 a
in a conspicuous location on the premises of the
employer where notices to employees are customarily
posted, or fail to include in any employee handbook
information concerning an employee's rights under this
Article, a notice, to be prepared or approved by the
Department, summarizing the requirements of this
Article and information pertaining to the filing of a
charge, including the right to be free from unlawful
discrimination, the right to be free from sexual
harassment, and the right to certain reasonable
accommodations. The Department shall make the
documents required under this paragraph available for
retrieval from the Department's website.
(2) Upon notification of a violation of paragraph
(1) of this subdivision (K), the Department may launch
a preliminary investigation. If the Department finds a
violation, the Department may issue a notice to show
cause giving the employer 30 days to correct the
violation. If the violation is not corrected, the
Department may initiate a charge of a civil rights
violation.
(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
(775 ILCS 5/2-108 new)
Sec. 2-108. Employer disclosure requirements.
(A) Definitions. The following definitions are applicable

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strictly to this Section:
(1) "Employer" includes:
(a) any party to a public contract without regard
to the number of employees who, during the year
preceding the reporting period required under
subsection (B), has entered into a settlement as
defined by paragraph (2) or who has had an adverse
judgment or administrative ruling entered against the
party as defined by paragraph (3);
(b) any person employing one or more employees
within this State during the 20 or more calendar weeks
within the preceding calendar year who, during the year
preceding the reporting period required under
subsection (B), has entered into a settlement as
defined by subsection paragraph (2) or who has had an
adverse judgment or administrative ruling entered
against him or her as defined by paragraph (3);
(c) a labor organization, as defined in Section
2-101, that, during the year preceding the reporting
period required under subsection (B), has entered into
a settlement as defined by paragraph (2) or that has
had an adverse judgment or administrative ruling
entered against it as defined by paragraph (3); and
(d) the State and any political subdivision,
municipal corporation, or other governmental unit or
agency, without regard to the number of employees that,

10100SB1829sam001 - 38 - LRB101 10761 LNS 59519 a
during the year preceding the reporting period
required under subsection (B), has entered into a
settlement as defined by paragraph (2) or that has had
an adverse judgment or administrative ruling entered
against it as defined by paragraph (3).
(2) "Settlement" means any written commitment or
agreement, including any agreed judgment, stipulation,
decree, agreement to settle, assurance of discontinuance,
or otherwise between an employee, as defined by subsection
(A), and an employer under which the employer directly or
indirectly provides to an individual compensation or other
consideration due to an allegation that the individual has
been a victim of sexual harassment or unlawful
discrimination under this Act.
(3) "Adverse judgment or administrative ruling" means
any final adverse judgment or final administrative ruling
entered in favor of an employee as defined by subsection
(A) and against the employer during the preceding year
based on claims of sexual harassment or unlawful
discrimination brought under this Act, Title VII of the
Civil Rights Act of 1964, or any other federal, State, or
local law prohibiting sexual harassment or unlawful
discrimination.
(B) Required disclosures. Beginning July 1, 2020, each
employer under this Section shall disclose annually to the
Department of Human Rights the following information:

10100SB1829sam001 - 39 - LRB101 10761 LNS 59519 a
(1) the total number of settlements entered into during
the preceding year by the employer or a corporate executive
of the employer that relate to any alleged act of sexual
harassment or unlawful discrimination that:
(a) occurred in the workplace of the employer; or
(b) involved the behavior of an employee of the
employer or a corporate executive of the employer,
without regard to whether that behavior occurred in the
workplace of the employer;
(2) how many settlements described in paragraph (1) are
in each of the following categories:
(a) sexual harassment or discrimination on the
basis of sex;
(b) discrimination or harassment on the basis of
race, color, or national origin;
(c) discrimination or harassment on the basis of
religion;
(d) discrimination or harassment on the basis of
age;
(e) discrimination or harassment on the basis of
disability;
(f) discrimination or harassment on the basis of
military status or unfavorable discharge from military
status;
(g) discrimination or harassment on the basis of
sexual orientation or gender identity; and

10100SB1829sam001 - 40 - LRB101 10761 LNS 59519 a
(h) discrimination or harassment on the basis of
any other characteristic protected under this Act;
(3) the total number of adverse judgments or
administrative rulings during the preceding year;
(4) whether any equitable relief was ordered against
the employer in any adverse judgment or administrative
ruling described in paragraph (3);
(5) how many adverse judgments or administrative
rulings described in paragraph (3) are in each of the
following categories:
(a) sexual harassment or discrimination on the
basis of sex;
(b) discrimination or harassment on the basis of
race, color, or national origin;
(c) discrimination or harassment on the basis of
religion;
(d) discrimination or harassment on the basis of
age;
(e) discrimination or harassment on the basis of
disability;
(f) discrimination or harassment on the basis of
military status or unfavorable discharge from military
status;
(g) discrimination or harassment on the basis of
sexual orientation or gender identity; and
(h) discrimination or harassment on the basis of

10100SB1829sam001 - 41 - LRB101 10761 LNS 59519 a
any other characteristic protected under this Act;
(C) Prohibited disclosures. An employer may not disclose
the name of a victim of an act of alleged sexual harassment or
unlawful discrimination in any disclosures required under this
Section.
(D) Annual report. The Department shall publish an annual
report aggregating the information reported by employers under
this Section such that no individual employer data is available
to the public. The report shall include:
(1) the number of settlements entered into during the
preceding calendar year based on each of the protected
classes identified by this Act; and
(2) the number of adverse judgments or administrative
rulings filed during the preceding calendar year based on
each of the protected classes identified by this Act.
The report shall be filed with the General Assembly and
made available to the public by December 31 of each reporting
year. Data submitted by an employer to comply with this Section
is exempt from the Freedom of Information Act.
(E) Pattern and practice violations. The Department may
open a preliminary investigation if the information disclosed
under this Section identifies an employer or a corporate
executive of the employer who may have engaged in a pattern and
practice of unlawful discrimination under this Act. If a
pattern and practice of unlawful discrimination is found, the
Department shall initiate a charge of a civil rights violation.

10100SB1829sam001 - 42 - LRB101 10761 LNS 59519 a
(F) Failure to report and penalties. If an employer fails
to make any disclosures required under this Section, the
Department shall issue a notice to show cause giving the
employer 30 days to disclose the required information. If the
employer does not make the required disclosures within 30 days,
the Department shall the petition the Illinois Human Rights
Commission for entry of an order imposing a civil penalty
against the employer pursuant to Section 8-109.1. The civil
penalty shall be paid into the Department of Human Rights'
Training and Development Fund.
(G) Rules. The Department shall adopt any rules it deems
necessary for implementation of this Section.
(775 ILCS 5/6-102)
Sec. 6-102. Violations of other Acts. A person who violates
the Section 11-117-12.2 of the Illinois Municipal Code, Section
224.05 of the Illinois Insurance Code, Section 8-201.5 of the
Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11,
and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of
the Interest Act, the Military Personnel Cellular Phone
Contract Termination Act, Section 405-272 of the Civil
Administrative Code of Illinois, Section 10-63 of the Illinois
Administrative Procedure Act, Sections 30.25 and 30.30 of the
Military Code of Illinois, Section 16 of the Landlord and
Tenant Act, Section 26.5 of the Retail Installment Sales Act,
or Section 37 of the Motor Vehicle Leasing Act, or the

10100SB1829sam001 - 43 - LRB101 10761 LNS 59519 a
Workplace Transparency Act commits a civil rights violation
within the meaning of this Act.
(Source: P.A. 100-1101, eff. 1-1-19.)
(775 ILCS 5/7-114 new)
Sec. 7-114. Sexual harassment prevention training.
(A) The General Assembly finds that the Equal Employment
Opportunity Commission estimates that 25% to 85% of working
women have experienced sexual harassment on the job.
Organizational tolerance of sexual harassment has a
detrimental influence in workplaces by creating a hostile
environment for women, reducing productivity, and increasing
legal liability. It is the General Assembly's intent to
encourage employers to adopt and actively implement policies to
ensure their workplaces are safe for women to report concerns
about sexual harassment without fear of retaliation, loss of
status, or loss of promotional opportunities.
(B) The Department shall produce a model sexual harassment
prevention training program aimed at the prevention of sexual
harassment in the workplace. The model program shall be made
available to employers at no cost. This model program shall be
interactive and, at a minimum, include the following:
(1) an explanation of sexual harassment consistent
with this Act;
(2) examples of conduct that constitutes unlawful
sexual harassment;

10100SB1829sam001 - 44 - LRB101 10761 LNS 59519 a
(3) an explanation of harassment based on sex
consistent with this Act;
(4) examples of conduct that constitute unlawful
harassment based on sex;
(5) a summary of federal and State statutory provisions
concerning harassment based on sex, sexual harassment, and
all remedies available to victims of sexual harassment or
harassment based on sex;
(6) a summary of employees' rights and available
remedies and forums to adjudicate complaints;
(7) examples of appropriate and inappropriate conduct
by supervisors; and
(8) a summary of responsibilities of employers in the
prevention, investigation, and adjudication of sexual
harassment.
(C) Every employer shall use the model sexual harassment
prevention training program under this Section or establish a
training program for employees and supervisors to prevent
sexual harassment that equals or exceeds the minimum standards
provided by the model training. The sexual harassment
prevention training shall be provided to all employees on an
annual basis.
(D) Failure to train and penalties. If an employer violates
this Section, the Department shall issue a notice to show cause
giving the employer 30 days to comply. If the employer does not
comply within 30 days, the Department shall petition the Human

10100SB1829sam001 - 45 - LRB101 10761 LNS 59519 a
Rights Commission for entry of an order imposing a civil
penalty against the employer pursuant to Section 8-109.1. The
civil penalty shall be paid into the Department of Human
Rights' Training and Development Fund.
(775 ILCS 5/8-109.1 new)
Sec. 8-109.1. Civil penalties; failure to report; failure
to train.
(A) A hearing officer may recommend the Commission or any
3-member panel thereof may:
(1) Failure to Report. In the case of an employer who
fails to make any disclosures required under Section 2-108,
order that a civil penalty be imposed pursuant to
subsection (B).
(2) Failure to Train. In the case of an employer who
fails to comply with the sexual harassment prevention
training requirements under Section 2-114, order that a
civil penalty be imposed pursuant to subsection (B).
(B) Civil Penalty. An employer who violates Section 2-108
or 2-114 is subjected to a civil penalty as follows:
(1) For an employer with fewer than 4 employees: a
penalty not to exceed $500 for a first offense; a penalty
not to exceed $1,000 for a second offense; a penalty not to
exceed $3,000 for a third or subsequent offense.
(2) For an employer with 4 or more employees: a penalty
not to exceed $1,000 for a first offense; a penalty not to

10100SB1829sam001 - 46 - LRB101 10761 LNS 59519 a
exceed $3,000 for a second offense; a penalty not to exceed
$5,000 for a third or subsequent offense.
(C) The appropriateness of the penalty to the size of the
employer charged, the good faith efforts made by the employer
to comply, and the gravity of the violation shall be considered
in determining the amount of the civil penalty.
Section 2-20. The Victims' Economic Security and Safety Act
is amended by changing Sections 10, 15, 20, 25, 30, and 45 as
follows:
(820 ILCS 180/10)
Sec. 10. Definitions. In this Act, except as otherwise
expressly provided:
(1) "Commerce" includes trade, traffic, commerce,
transportation, or communication; and "industry or
activity affecting commerce" means any activity, business,
or industry in commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow of commerce,
and includes "commerce" and any "industry affecting
commerce".
(2) "Course of conduct" means a course of repeatedly
maintaining a visual or physical proximity to a person or
conveying oral or written threats, including threats
conveyed through electronic communications, or threats
implied by conduct.

10100SB1829sam001 - 47 - LRB101 10761 LNS 59519 a
(3) "Department" means the Department of Labor.
(4) "Director" means the Director of Labor.
(5) "Domestic or sexual violence" means domestic
violence, sexual assault, or stalking.
(6) "Domestic violence" means abuse, as defined in
Section 103 of the Illinois Domestic Violence Act of 1986,
by a family or household member, as defined in Section 103
of the Illinois Domestic Violence Act of 1986.
(7) "Electronic communications" includes
communications via telephone, mobile phone, computer,
e-mail, video recorder, fax machine, telex, or pager,
online platform (including, but not limited to, any
public-facing website, web application, digital
application, or social network), or any other electronic
communication, as defined in Section 12-7.5 of the Criminal
Code of 2012.
(8) "Employ" includes to suffer or permit to work.
(9) Employee.
(A) In general. "Employee" means any person
employed by an employer.
(B) Basis. "Employee" includes a person employed
as described in subparagraph (A) on a full or part-time
basis, or as a participant in a work assignment as a
condition of receipt of federal or State income-based
public assistance.
(10) "Employer" means any of the following: (A) the

10100SB1829sam001 - 48 - LRB101 10761 LNS 59519 a
State or any agency of the State; (B) any unit of local
government or school district; or (C) any person that
employs at least one employee.
(11) "Employment benefits" means all benefits provided
or made available to employees by an employer, including
group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits,
pensions, and profit-sharing, regardless of whether such
benefits are provided by a practice or written policy of an
employer or through an "employee benefit plan". "Employee
benefit plan" or "plan" means an employee welfare benefit
plan or an employee pension benefit plan or a plan which is
both an employee welfare benefit plan and an employee
pension benefit plan.
(12) "Family or household member", for employees with a
family or household member who is a victim of domestic
violence, sexual violence, or sexual harassment or sexual
violence, means a spouse, parent, son, daughter, other
person related by blood or by present or prior marriage,
other person who shares a relationship through a son or
daughter, and persons jointly residing in the same
household.
(13) "Parent" means the biological parent of an
employee or an individual who stood in loco parentis to an
employee when the employee was a son or daughter. "Son or
daughter" means a biological, adopted, or foster child, a

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stepchild, a legal ward, or a child of a person standing in
loco parentis, who is under 18 years of age, or is 18 years
of age or older and incapable of self-care because of a
mental or physical disability.
(14) "Perpetrator" means an individual who commits or
is alleged to have committed any act or threat of domestic
violence, sexual violence, or sexual harassment or sexual
violence.
(15) "Person" means an individual, partnership,
association, corporation, business trust, legal
representative, or any organized group of persons.
(16) "Public agency" means the Government of the State
or political subdivision thereof; any agency of the State,
or of a political subdivision of the State; or any
governmental agency.
(17) "Public assistance" includes cash, food stamps,
medical assistance, housing assistance, and other benefits
provided on the basis of income by a public agency or
public employer.
(18) "Reduced work schedule" means a work schedule that
reduces the usual number of hours per workweek, or hours
per workday, of an employee.
(19) "Repeatedly" means on 2 or more occasions.
(20) "Sexual assault" means any conduct proscribed by:
(i) Article 11 of the Criminal Code of 2012 except Sections
11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,

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12-15, and 12-16 of the Criminal Code of 2012; or (iii) a
similar provision of the Criminal Code of 1961 the Criminal
Code of 1961 or the Criminal Code of 2012 in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, and 12-16.
(21) "Stalking" means any conduct proscribed by the
Criminal Code of 1961 or the Criminal Code of 2012 in
Sections 12-7.3, 12-7.4, and 12-7.5.
(22) "Victim" or "survivor" means an individual who has
been subjected to domestic violence, sexual violence, or
sexual harassment or sexual violence.
(23) "Victim services organization" means a nonprofit,
nongovernmental organization that provides assistance to
victims of domestic violence, sexual violence, or sexual
harassment or sexual violence or to advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence program, an organization
operating a shelter or providing counseling services, or a
legal services organization or other organization
providing assistance through the legal process.
(24) "Emotional distress" means significant mental
suffering, anxiety, or alarm.
(25) "Sexual harassment" means any harassment or
discrimination on the basis of an individual's actual or
perceived sex or gender, including unwelcome sexual
advances, requests for sexual favors, other verbal or

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physical conduct of a sexual nature, or any other conduct
of a sexual nature directed at a specific person that would
cause the victim or survivor emotional distress.
(Source: P.A. 99-765, eff. 1-1-17.)
(820 ILCS 180/15)
Sec. 15. Purposes. The purposes of this Act are:
(1) to promote the State's interest in reducing
domestic violence, dating violence, sexual assault, sexual
harassment, and stalking by enabling victims of domestic
violence, sexual violence, or sexual harassment or sexual
violence to maintain the financial independence necessary
to leave abusive situations, achieve safety, and minimize
the physical and emotional injuries from domestic
violence, sexual violence, or sexual harassment or sexual
violence, and to reduce the devastating economic
consequences of domestic violence, sexual violence, or
sexual harassment or sexual violence to employers and
employees;
(2) to address the failure of existing laws to protect
the employment rights of employees who are victims of
domestic violence, sexual violence, or sexual harassment
or sexual violence and employees with a family or household
member who is a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence, by
protecting the civil and economic rights of those

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employees, and by furthering the equal opportunity of women
for economic self-sufficiency and employment free from
discrimination;
(3) to accomplish the purposes described in paragraphs
(1) and (2) by (A) entitling employed victims of domestic
violence, sexual violence, or sexual harassment or sexual
violence and employees with a family or household member
who is a victim of domestic violence, sexual violence, or
sexual harassment or sexual violence to take unpaid leave
to seek medical help, legal assistance, counseling, safety
planning, and other assistance without penalty from their
employers for the employee or the family or household
member who is a victim; and (B) prohibiting employers from
discriminating against any employee who is a victim of
domestic violence, sexual violence, or sexual harassment
or sexual violence or any employee who has a family or
household member who is a victim of domestic violence,
sexual violence, or sexual harassment or sexual violence,
in a manner that accommodates the legitimate interests of
employers and protects the safety of all persons in the
workplace.
(Source: P.A. 96-635, eff. 8-24-09.)
(820 ILCS 180/20)
Sec. 20. Entitlement to leave due to domestic violence,
sexual violence, or sexual harassment or sexual violence.

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(a) Leave requirement.
(1) Basis. An employee who is a victim of domestic
violence, sexual violence, or sexual harassment or sexual
violence or an employee who has a family or household
member who is a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence whose
interests are not adverse to the employee as it relates to
the domestic violence, sexual violence, or sexual
harassment or sexual violence may take unpaid leave from
work if the employee or employee's family or household
member is experiencing an incident of domestic violence,
sexual violence, or sexual harassment or sexual violence or
to address domestic violence, sexual violence, or sexual
harassment or sexual violence by:
(A) seeking medical attention for, or recovering
from, physical or psychological injuries caused by
domestic violence, sexual violence, or sexual
harassment or sexual violence to the employee or the
employee's family or household member;
(B) obtaining services from a victim services
organization for the employee or the employee's family
or household member;
(C) obtaining psychological or other counseling
for the employee or the employee's family or household
member;
(D) participating in safety planning, temporarily

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or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's
family or household member from future domestic
violence, sexual violence, or sexual harassment or
sexual violence or ensure economic security; or
(E) seeking legal assistance or remedies to ensure
the health and safety of the employee or the employee's
family or household member, including preparing for or
participating in any civil or criminal legal
proceeding related to or derived from domestic
violence, sexual violence, or sexual harassment or
sexual violence.
(2) Period. Subject to subsection (c), an employee
working for an employer that employs at least 50 employees
shall be entitled to a total of 12 workweeks of leave
during any 12-month period. Subject to subsection (c), an
employee working for an employer that employs at least 15
but not more than 49 employees shall be entitled to a total
of 8 workweeks of leave during any 12-month period. Subject
to subsection (c), an employee working for an employer that
employs at least one but not more than 14 employees shall
be entitled to a total of 4 workweeks of leave during any
12-month period. The total number of workweeks to which an
employee is entitled shall not decrease during the relevant
12-month period. This Act does not create a right for an
employee to take unpaid leave that exceeds the unpaid leave

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time allowed under, or is in addition to the unpaid leave
time permitted by, the federal Family and Medical Leave Act
of 1993 (29 U.S.C. 2601 et seq.).
(3) Schedule. Leave described in paragraph (1) may be
taken consecutively, intermittently, or on a reduced work
schedule.
(b) Notice. The employee shall provide the employer with at
least 48 hours' advance notice of the employee's intention to
take the leave, unless providing such notice is not
practicable. When an unscheduled absence occurs, the employer
may not take any action against the employee if the employee,
upon request of the employer and within a reasonable period
after the absence, provides certification under subsection
(c).
(c) Certification.
(1) In general. The employer may require the employee
to provide certification to the employer that:
(A) the employee or the employee's family or
household member is a victim of domestic violence,
sexual violence, or sexual harassment or sexual
violence; and
(B) the leave is for one of the purposes enumerated
in paragraph (a)(1).
The employee shall provide such certification to the
employer within a reasonable period after the employer
requests certification.

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(2) Contents. An employee may satisfy the
certification requirement of paragraph (1) by providing to
the employer a sworn statement of the employee, and upon
obtaining such documents the employee shall provide:
(A) documentation from an employee, agent, or
volunteer of a victim services organization, an
attorney, a member of the clergy, or a medical or other
professional from whom the employee or the employee's
family or household member has sought assistance in
addressing domestic violence, sexual violence, or
sexual harassment or sexual violence and the effects of
the violence or harassment;
(B) a police or court record; or
(C) other corroborating evidence.
The employee may choose which document to submit if
that document demonstrates the basis of the leave allowed
under Section 20 of this Act. An employee is not required
to provide additional documentation if a subsequent leave
request is for the same reason for leave previously used
and for the same incident of domestic violence, sexual
violence, or sexual harassment or the same perpetrator of
the domestic violence, sexual violence, or sexual
harassment.
(d) Confidentiality. All information provided to the
employer pursuant to subsection (b) or (c), including a
statement of the employee or any other documentation, record,

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or corroborating evidence, and the fact that the employee has
requested or obtained leave pursuant to this Section, shall be
retained in the strictest confidence by the employer, except to
the extent that disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) otherwise required by applicable federal or State
law.
(e) Employment and benefits.
(1) Restoration to position.
(A) In general. Any employee who takes leave under
this Section for the intended purpose of the leave
shall be entitled, on return from such leave:
(i) to be restored by the employer to the
position of employment held by the employee when
the leave commenced; or
(ii) to be restored to an equivalent position
with equivalent employment benefits, pay, and
other terms and conditions of employment.
(B) Loss of benefits. The taking of leave under
this Section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
(C) Limitations. Nothing in this subsection shall
be construed to entitle any restored employee to:
(i) the accrual of any seniority or employment

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benefits during any period of leave; or
(ii) any right, benefit, or position of
employment other than any right, benefit, or
position to which the employee would have been
entitled had the employee not taken the leave.
(D) Construction. Nothing in this paragraph shall
be construed to prohibit an employer from requiring an
employee on leave under this Section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Maintenance of health benefits.
(A) Coverage. Except as provided in subparagraph
(B), during any period that an employee takes leave
under this Section, the employer shall maintain
coverage for the employee and any family or household
member under any group health plan for the duration of
such leave at the level and under the conditions
coverage would have been provided if the employee had
continued in employment continuously for the duration
of such leave.
(B) Failure to return from leave. The employer may
recover the premium that the employer paid for
maintaining coverage for the employee and the
employee's family or household member under such group
health plan during any period of leave under this
Section if:

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(i) the employee fails to return from leave
under this Section after the period of leave to
which the employee is entitled has expired; and
(ii) the employee fails to return to work for a
reason other than:
(I) the continuation, recurrence, or onset
of domestic violence, sexual violence, or
sexual harassment or sexual violence that
entitles the employee to leave pursuant to this
Section; or
(II) other circumstances beyond the
control of the employee.
(C) Certification.
(i) Issuance. An employer may require an
employee who claims that the employee is unable to
return to work because of a reason described in
subclause (I) or (II) of subparagraph (B)(ii) to
provide, within a reasonable period after making
the claim, certification to the employer that the
employee is unable to return to work because of
that reason. The employee shall choose which
document to submit.
(ii) Contents. An employee may satisfy the
certification requirement of clause (i) by
providing to the employer:
(I) a sworn statement of the employee;

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(II) documentation from an employee,
agent, or volunteer of a victim services
organization, an attorney, a member of the
clergy, or a medical or other professional from
whom the employee has sought assistance in
addressing domestic violence, sexual violence,
or sexual harassment or sexual violence and the
effects of that violence or harassment;
(III) a police or court record; or
(IV) other corroborating evidence.
(D) Confidentiality. All information provided to
the employer pursuant to subparagraph (C), including a
statement of the employee or any other documentation,
record, or corroborating evidence, and the fact that
the employee is not returning to work because of a
reason described in subclause (I) or (II) of
subparagraph (B)(ii) shall be retained in the
strictest confidence by the employer, except to the
extent that disclosure is:
(i) requested or consented to in writing by the
employee; or
(ii) otherwise required by applicable federal
or State law.
(f) Prohibited acts.
(1) Interference with rights.
(A) Exercise of rights. It shall be unlawful for

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any employer to interfere with, restrain, or deny the
exercise of or the attempt to exercise any right
provided under this Section.
(B) Employer discrimination. It shall be unlawful
for any employer to discharge or harass any individual,
or otherwise discriminate against any individual with
respect to compensation, terms, conditions, or
privileges of employment of the individual (including
retaliation in any form or manner) because the
individual:
(i) exercised any right provided under this
Section; or
(ii) opposed any practice made unlawful by
this Section.
(C) Public agency sanctions. It shall be unlawful
for any public agency to deny, reduce, or terminate the
benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any
individual with respect to the amount, terms, or
conditions of public assistance of the individual
(including retaliation in any form or manner) because
the individual:
(i) exercised any right provided under this
Section; or
(ii) opposed any practice made unlawful by
this Section.

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(2) Interference with proceedings or inquiries. It
shall be unlawful for any person to discharge or in any
other manner discriminate (as described in subparagraph
(B) or (C) of paragraph (1)) against any individual because
such individual:
(A) has filed any charge, or has instituted or
caused to be instituted any proceeding, under or
related to this Section;
(B) has given, or is about to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this Section; or
(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this Section.
(g) Disciplinary action. Nothing in this Section shall be
construed to prohibit an employer from taking disciplinary
action, up to and including termination, against an employee
who uses leave provided pursuant to this Act for purposes other
than those described in this Section.
(Source: P.A. 99-765, eff. 1-1-17.)
(820 ILCS 180/25)
Sec. 25. Existing leave usable for addressing domestic
violence, sexual violence, or sexual harassment or sexual
violence. An employee who is entitled to take paid or unpaid
leave (including family, medical, sick, annual, personal, or

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similar leave) from employment, pursuant to federal, State, or
local law, a collective bargaining agreement, or an employment
benefits program or plan, may elect to substitute any period of
such leave for an equivalent period of leave provided under
Section 20. The employer may not require the employee to
substitute available paid or unpaid leave for leave provided
under Section 20.
(Source: P.A. 96-635, eff. 8-24-09.)
(820 ILCS 180/30)
Sec. 30. Victims' employment sustainability; prohibited
discriminatory acts.
(a) An employer shall not fail to hire, refuse to hire,
discharge, constructively discharge, or harass any individual,
otherwise discriminate against any individual with respect to
the compensation, terms, conditions, or privileges of
employment of the individual, or retaliate against an
individual in any form or manner, and a public agency shall not
deny, reduce, or terminate the benefits of, otherwise sanction,
or harass any individual, otherwise discriminate against any
individual with respect to the amount, terms, or conditions of
public assistance of the individual, or retaliate against an
individual in any form or manner, because:
(1) the individual involved:
(A) is or is perceived to be a victim of domestic
violence, sexual violence, or sexual harassment or

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sexual violence;
(B) attended, participated in, prepared for, or
requested leave to attend, participate in, or prepare
for a criminal or civil court proceeding relating to an
incident of domestic violence, sexual violence, or
sexual harassment or sexual violence of which the
individual or a family or household member of the
individual was a victim, or requested or took leave for
any other reason provided under Section 20;
(C) requested an adjustment to a job structure,
workplace facility, or work requirement, including a
transfer, reassignment, or modified schedule, leave, a
changed telephone number or seating assignment,
installation of a lock, or implementation of a safety
procedure or any other reasonable accommodation in
response to actual or threatened domestic violence,
sexual violence, or sexual harassment or sexual
violence, regardless of whether the request was
granted; or
(D) is an employee whose employer is subject to
Section 21 of the Workplace Violence Prevention Act; or
(2) the workplace is disrupted or threatened by the
action of a person whom the individual states has committed
or threatened to commit domestic violence, sexual
violence, or sexual harassment or sexual violence against
the individual or the individual's family or household

10100SB1829sam001 - 65 - LRB101 10761 LNS 59519 a
member.
(b) In this Section:
(1) "Discriminate", used with respect to the terms,
conditions, or privileges of employment or with respect to
the terms or conditions of public assistance, includes not
making a reasonable accommodation to the known limitations
resulting from circumstances relating to being a victim of
domestic violence, sexual violence, or sexual harassment
or sexual violence or a family or household member being a
victim of domestic violence, sexual violence, or sexual
harassment or sexual violence of an otherwise qualified
individual:
(A) who is:
(i) an applicant or employee of the employer
(including a public agency); or
(ii) an applicant for or recipient of public
assistance from a public agency; and
(B) who is:
(i) or is perceived to be a victim of domestic
violence, sexual violence, or sexual harassment a
victim of domestic or sexual violence; or
(ii) with a family or household member who is a
victim of domestic violence, sexual violence, or
sexual harassment or sexual violence whose
interests are not adverse to the individual in
subparagraph (A) as it relates to the domestic

10100SB1829sam001 - 66 - LRB101 10761 LNS 59519 a
violence, sexual violence, or sexual harassment or
sexual violence;
unless the employer or public agency can demonstrate that
the accommodation would impose an undue hardship on the
operation of the employer or public agency.
A reasonable accommodation must be made in a timely
fashion. Any exigent circumstances or danger facing the
employee or his or her family or household member shall be
considered in determining whether the accommodation is
reasonable.
(2) "Qualified individual" means:
(A) in the case of an applicant or employee
described in paragraph (1)(A)(i), an individual who,
but for being a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence or
with a family or household member who is a victim of
domestic violence, sexual violence, or sexual
harassment or sexual violence, can perform the
essential functions of the employment position that
such individual holds or desires; or
(B) in the case of an applicant or recipient
described in paragraph (1)(A)(ii), an individual who,
but for being a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence or
with a family or household member who is a victim of
domestic violence, sexual violence, or sexual

10100SB1829sam001 - 67 - LRB101 10761 LNS 59519 a
harassment or sexual violence, can satisfy the
essential requirements of the program providing the
public assistance that the individual receives or
desires.
(3) "Reasonable accommodation" may include, but is not
limited to, an adjustment to a job structure, workplace
facility, or work requirement, including a transfer,
reassignment, or modified schedule, leave, a changed
telephone number or seating assignment, installation of a
lock, or implementation of a safety procedure, or
assistance in documenting domestic violence, sexual
violence, or sexual harassment or sexual violence that
occurs at the workplace or in work-related settings, in
response to actual or threatened domestic violence, sexual
violence, or sexual harassment or sexual violence.
(4) Undue hardship.
(A) In general. "Undue hardship" means an action
requiring significant difficulty or expense, when
considered in light of the factors set forth in
subparagraph (B).
(B) Factors to be considered. In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include:
(i) the nature and cost of the reasonable
accommodation needed under this Section;

10100SB1829sam001 - 68 - LRB101 10761 LNS 59519 a
(ii) the overall financial resources of the
facility involved in the provision of the
reasonable accommodation, the number of persons
employed at such facility, the effect on expenses
and resources, or the impact otherwise of such
accommodation on the operation of the facility;
(iii) the overall financial resources of the
employer or public agency, the overall size of the
business of an employer or public agency with
respect to the number of employees of the employer
or public agency, and the number, type, and
location of the facilities of an employer or public
agency; and
(iv) the type of operation of the employer or
public agency, including the composition,
structure, and functions of the workforce of the
employer or public agency, the geographic
separateness of the facility from the employer or
public agency, and the administrative or fiscal
relationship of the facility to the employer or
public agency.
(c) An employer subject to Section 21 of the Workplace
Violence Prevention Act shall not violate any provisions of the
Workplace Violence Prevention Act.
(d) All information provided to the employer pursuant to
subsection (b) or (c), including a statement of the employee

10100SB1829sam001 - 69 - LRB101 10761 LNS 59519 a
and any other documentation, record, or corroborating
evidence, and the fact that the employee has requested or
obtained leave pursuant to this Section, shall be retained in
the strictest confidence by the employer, except to the extent
that disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) otherwise required by applicable federal or State
law.
(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
(820 ILCS 180/45)
Sec. 45. Effect on other laws and employment benefits.
(a) More protective laws, agreements, programs, and plans.
Nothing in this Act shall be construed to supersede any
provision of any federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides:
(1) greater leave benefits for victims of domestic
violence, sexual violence, or sexual harassment or sexual
violence than the rights established under this Act; or
(2) leave benefits for a larger population of victims
of domestic violence, sexual violence, or sexual
harassment or sexual violence (as defined in such law,
agreement, program, or plan) than the victims of domestic
violence, sexual violence, or sexual harassment or sexual

10100SB1829sam001 - 70 - LRB101 10761 LNS 59519 a
violence covered under this Act.
(b) Less protective laws, agreements, programs, and plans.
The rights established for employees who are victims of
domestic violence, sexual violence, or sexual harassment or
sexual violence and employees with a family or household member
who is a victim of domestic violence, sexual violence, or
sexual harassment or sexual violence under this Act shall not
be diminished by any federal, State or local law, collective
bargaining agreement, or employment benefits program or plan.
(Source: P.A. 93-591, eff. 8-25-03.)
Article 3.
Section 3-1. Short title. This Article may be cited as the
Stopping Predators from Evading Allegations of Abuse of Kids
Act. References in this Article to "this Act" mean this
Article.
Section 3-5. Definitions. As used in this Act:
"Minor" means any person under the age of 18 years.
"Youth recreational athletic entity" means a team,
program, or event, including practice and competition, not
associated with a school, during which youth athletes
participate or practice to participate in an organized athletic
game or competition against another team, club, entity, or
individual.

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

10100SB1829sam001 - 72 - LRB101 10761 LNS 59519 a
Section 3-15. Required reporting of child and sexual abuse
in youth sports.
(a) Any person who owns, is employed by, or volunteers with
a youth recreational athletic entity and is subject to the
mandatory reporting requirements of the Abused and Neglected
Child Reporting Act shall also make a confidential report of
the suspected abuse to the relevant governing organization or
league that regulates or oversees the youth recreational
athletic entity as soon as practicable, but in no event later
than 10 days after learning of the incident.
(b) Nothing in this Act shall be construed to require a
victim of abuse to self-report the abuse.
Section 3-20. Posting of rights by youth recreational
athletic entity. Each youth recreational athletic entity shall
post in a clear and conspicuous place in its athletic
facilities and on its website a notice stating a minor's rights
under this Act as well as the toll-free number to the 24-hour
child abuse hotline of the Department of Children and Family
Services and contact information for all governing
organizations or leagues that regulate or oversee the youth
recreational athletic entity.
Section 3-25. Enforcement.
(a) Any person who, as a result of a violation of Section
3-10, suffers personal injury, regardless of whether the injury

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occurred when the person was a minor, has a right of action in
State circuit court. A prevailing plaintiff may recover for
each violation actual and compensatory damages, including, but
not limited to, damages for emotional distress, punitive
damages, reasonable attorney's fees and costs, including
expert witness fees and other litigation expenses, and such
equitable relief as may be appropriate.
(b) Any person who knowingly and willfully fails to notify
the relevant governing organization or league that regulates or
oversees the youth recreational athletic entity pursuant to
Section 3-15 may be subject to a civil penalty as follows: for
a first offense, a penalty not to exceed $250; for a second
offense, a penalty not to exceed $500; for a third or
subsequent offense, a penalty not to exceed $1,000. In
determining the amount of the penalty, the appropriateness of
the penalty and the gravity of the violation shall be
considered. The penalty may be recovered in a civil action
brought by the Director of the Department of Children and
Family Services in any circuit court.
Article 4.
Section 4-1. Short title. This Act may be cited as the
Sexual Harassment Victim Representation Act. References in
this Article to "this Act" mean this Article.

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Section 4-5. Definitions. In this Act:
"Perpetrator" means an individual who commits or is alleged
to have committed an act or threat of sexual harassment.
"Sexual harassment" means any unwelcome sexual advances or
requests for sexual favors or any conduct of a sexual nature
when: (i) submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's
employment; (ii) submission to or rejection of such conduct by
an individual is used as the basis for employment decisions
affecting such individual; or (iii) such conduct has the
purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating,
hostile, or offensive working environment.
"Union" means any organization defined as a "labor
organization" under Section 2 of the National Labor Relations
Act (29 U.S.C. 152).
"Union representative" means a person designated by a union
to represent a member of the union in any disciplinary
proceeding.
"Victim" means a victim of sexual harassment.
Section 4-10. Dual representation prohibited.
(a) In any proceeding in which a victim who is a member of
a union has accused a perpetrator who is a member of the same
union, the victim and the perpetrator may not be represented in
the proceeding by the same union representative.

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(b) The union must designate separate union
representatives to represent the parties to the proceeding.".