|
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;
|
(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 one 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 place of worship, |
religious 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 place of worship, 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 |
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.
|
(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 |
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 |
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.)
|
Section 99. Effective date. This Act takes effect July 1, |
2020.
|
