Bill Text: IL HB0252 | 2019-2020 | 101st General Assembly | Enrolled

Bill Title: Amends the Illinois Human Rights Act. Provides that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities.

Spectrum: Partisan Bill (Democrat 50-0)

Status: (Enrolled) 2019-06-27 - Sent to the Governor [HB0252 Detail]

Download: Illinois-2019-HB0252-Enrolled.html

HB0252 EnrolledLRB101 00363 HEP 45367 b
1 AN ACT concerning human rights.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-101 as follows:
6 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
7 Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9 (A) Employee.
10 (1) "Employee" includes:
11 (a) Any individual performing services for
12 remuneration within this State for an employer;
13 (b) An apprentice;
14 (c) An applicant for any apprenticeship.
15 For purposes of subsection (D) of Section 2-102 of this
16 Act, "employee" also includes an unpaid intern. An unpaid
17 intern is a person who performs work for an employer under
18 the following circumstances:
19 (i) the employer is not committed to hiring the
20 person performing the work at the conclusion of the
21 intern's tenure;
22 (ii) the employer and the person performing the
23 work agree that the person is not entitled to wages for

HB0252 Enrolled- 2 -LRB101 00363 HEP 45367 b
1 the work performed; and
2 (iii) the work performed:
3 (I) supplements training given in an
4 educational environment that may enhance the
5 employability of the intern;
6 (II) provides experience for the benefit of
7 the person performing the work;
8 (III) does not displace regular employees;
9 (IV) is performed under the close supervision
10 of existing staff; and
11 (V) provides no immediate advantage to the
12 employer providing the training and may
13 occasionally impede the operations of the
14 employer.
15 (2) "Employee" does not include:
16 (a) (Blank);
17 (b) Individuals employed by persons who are not
18 "employers" as defined by this Act;
19 (c) Elected public officials or the members of
20 their immediate personal staffs;
21 (d) Principal administrative officers of the State
22 or of any political subdivision, municipal corporation
23 or other governmental unit or agency;
24 (e) A person in a vocational rehabilitation
25 facility certified under federal law who has been
26 designated an evaluee, trainee, or work activity

HB0252 Enrolled- 3 -LRB101 00363 HEP 45367 b
1 client.
2 (B) Employer.
3 (1) "Employer" includes:
4 (a) Any person employing one 15 or more employees
5 within Illinois during 20 or more calendar weeks within
6 the calendar year of or preceding the alleged
7 violation;
8 (b) Any person employing one or more employees when
9 a complainant alleges civil rights violation due to
10 unlawful discrimination based upon his or her physical
11 or mental disability unrelated to ability, pregnancy,
12 or sexual harassment;
13 (c) The State and any political subdivision,
14 municipal corporation or other governmental unit or
15 agency, without regard to the number of employees;
16 (d) Any party to a public contract without regard
17 to the number of employees;
18 (e) A joint apprenticeship or training committee
19 without regard to the number of employees.
20 (2) "Employer" does not include any place of worship,
21 religious corporation, association, educational
22 institution, society, or non-profit nursing institution
23 conducted by and for those who rely upon treatment by
24 prayer through spiritual means in accordance with the
25 tenets of a recognized church or religious denomination
26 with respect to the employment of individuals of a

HB0252 Enrolled- 4 -LRB101 00363 HEP 45367 b
1 particular religion to perform work connected with the
2 carrying on by such place of worship, corporation,
3 association, educational institution, society or
4 non-profit nursing institution of its activities.
5 (C) Employment Agency. "Employment Agency" includes both
6public and private employment agencies and any person, labor
7organization, or labor union having a hiring hall or hiring
8office regularly undertaking, with or without compensation, to
9procure opportunities to work, or to procure, recruit, refer or
10place employees.
11 (D) Labor Organization. "Labor Organization" includes any
12organization, labor union, craft union, or any voluntary
13unincorporated association designed to further the cause of the
14rights of union labor which is constituted for the purpose, in
15whole or in part, of collective bargaining or of dealing with
16employers concerning grievances, terms or conditions of
17employment, or apprenticeships or applications for
18apprenticeships, or of other mutual aid or protection in
19connection with employment, including apprenticeships or
20applications for apprenticeships.
21 (E) Sexual Harassment. "Sexual harassment" means any
22unwelcome sexual advances or requests for sexual favors or any
23conduct of a sexual nature when (1) submission to such conduct
24is made either explicitly or implicitly a term or condition of
25an individual's employment, (2) submission to or rejection of
26such conduct by an individual is used as the basis for

HB0252 Enrolled- 5 -LRB101 00363 HEP 45367 b
1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5 (F) Religion. "Religion" with respect to employers
6includes all aspects of religious observance and practice, as
7well as belief, unless an employer demonstrates that he is
8unable to reasonably accommodate an employee's or prospective
9employee's religious observance or practice without undue
10hardship on the conduct of the employer's business.
11 (G) Public Employer. "Public employer" means the State, an
12agency or department thereof, unit of local government, school
13district, instrumentality or political subdivision.
14 (H) Public Employee. "Public employee" means an employee of
15the State, agency or department thereof, unit of local
16government, school district, instrumentality or political
17subdivision. "Public employee" does not include public
18officers or employees of the General Assembly or agencies
20 (I) Public Officer. "Public officer" means a person who is
21elected to office pursuant to the Constitution or a statute or
22ordinance, or who is appointed to an office which is
23established, and the qualifications and duties of which are
24prescribed, by the Constitution or a statute or ordinance, to
25discharge a public duty for the State, agency or department
26thereof, unit of local government, school district,

HB0252 Enrolled- 6 -LRB101 00363 HEP 45367 b
1instrumentality or political subdivision.
2 (J) Eligible Bidder. "Eligible bidder" means a person who,
3prior to contract award or prior to bid opening for State
4contracts for construction or construction-related services,
5has filed with the Department a properly completed, sworn and
6currently valid employer report form, pursuant to the
7Department's regulations. The provisions of this Article
8relating to eligible bidders apply only to bids on contracts
9with the State and its departments, agencies, boards, and
10commissions, and the provisions do not apply to bids on
11contracts with units of local government or school districts.
12 (K) Citizenship Status. "Citizenship status" means the
13status of being:
14 (1) a born U.S. citizen;
15 (2) a naturalized U.S. citizen;
16 (3) a U.S. national; or
17 (4) a person born outside the United States and not a
18 U.S. citizen who is not an unauthorized alien and who is
19 protected from discrimination under the provisions of
20 Section 1324b of Title 8 of the United States Code, as now
21 or hereafter amended.
22(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
23eff. 8-9-17.)
24 Section 99. Effective date. This Act takes effect July 1,