Bill Text: IL HB2424 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for a third party client, as that term is defined by the Day and Temporary Labor Services Act, to fail to investigate a staffing agency's hiring practices if the third party client has reason to believe that the staffing agency is engaging in any discrimination in the hiring and assigning of day laborers. Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency shall collect, from each person seeking work as a day or temporary laborer, demographic information on a contact form which allows the person to self-identify his or her race and gender. Provides that the collected information shall be maintained separately from any personnel files used to make job assignments. Provides that the day and temporary labor service agency shall submit the information to the Department of Labor on an annual basis. Provides that the Department shall use the data to submit a yearly report to the General Assembly. Provides that the report shall detail the hiring practices of each branch office of the day and temporary labor service agency. Provides that an agent of a day and temporary labor service agency who submits to the Department false or altered data is guilty of a Class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2424 Detail]

Download: Illinois-2015-HB2424-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2424 Introduced , by Rep. Kenneth Dunkin SYNOPSIS AS INTRODUCED:
775 ILCS 5/2-102 from Ch. 68, par. 2-102
820 ILCS 175/12
Amends the Illinois Human Rights Act. Provides that it is a human rights violation for a third party client, as that term is defined by the Day and Temporary Labor Services Act, to fail to investigate a staffing agency's hiring practices if the third party client has reason to believe that the staffing agency is engaging in any discrimination in the hiring and assigning of day laborers. Amends the Day and Temporary Labor Services Act. Provides that a day and temporary labor service agency shall collect, from each person seeking work as a day or temporary laborer, demographic information on a contact form which allows the person to self-identify his or her race and gender. Provides that the collected information shall be maintained separately from any personnel files used to make job assignments. Provides that the day and temporary labor service agency shall submit the information to the Department of Labor on an annual basis. Provides that the Department shall use the data to submit a yearly report to the General Assembly. Provides that the report shall detail the hiring practices of each branch office of the day and temporary labor service agency. Provides that an agent of a day and temporary labor service agency who submits to the Department false or altered data is guilty of a Class A misdemeanor.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Section 2-102 as follows:
(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, 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.
(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.
(B) Employment Agency. For any employment agency to fail or

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refuse to classify properly, accept applications and register
for employment referral or apprenticeship 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.

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(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.
(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 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

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(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 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

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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 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

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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 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,

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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, 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

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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 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

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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 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 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

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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.
(L) Day Laborers. For a third party client to fail to
investigate a day and temporary labor service agency's hiring
practices if the third party client has reason to believe that
the day and temporary labor service agency is engaging in any
discrimination in the hiring and assigning of day laborers. As
used in this subdivision (J), the terms "third party client"
and "day and temporary labor service agency" have the meanings
ascribed to them in Section 5 of the Day and Temporary Labor
Services Act.
(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13;
98-1050, eff. 1-1-15.)
Section 10. The Day and Temporary Labor Services Act is
amended by changing Section 12 as follows:
(820 ILCS 175/12)
Sec. 12. Recordkeeping.
(a) Whenever a day and temporary labor service agency sends
one or more persons to work as day or temporary laborers, the
day and temporary labor service agency shall keep the following
records relating to that transaction:
(1) the name, address and telephone number of each

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third party client, including each worksite, to which day
or temporary laborers were sent by the agency and the date
of the transaction;
(2) for each day or temporary laborer: the name and
address, the specific location sent to work, the type of
work performed, the number of hours worked, the hourly rate
of pay and the date sent. The term "hours worked" has the
meaning ascribed to that term in 56 Ill. Adm. Code 210.110
and in accordance with all applicable rules or court
interpretations under 56 Ill. Adm. Code 210.110. The third
party client shall be required to remit all information
required under this subsection to the day and temporary
labor service agency no later than 7 days following the
last day of the work week worked by the day or temporary
laborer. Failure of a third party client to remit such
information to a day and temporary labor service agency
shall not be a defense to the recordkeeping requirement of
this Section;
(3) the name and title of the individual or individuals
at each third party client's place of business responsible
for the transaction;
(4) any specific qualifications or attributes of a day
or temporary laborer, requested by each third party client;
(5) copies of all contracts, if any, with the third
party client and copies of all invoices for the third party
client;

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(6) copies of all employment notices provided in
accordance with subsection (a) of Section 10;
(7) deductions to be made from each day or temporary
laborer's compensation made by either the third party
client or by the day and temporary labor service agency for
the day or temporary laborer's transportation, food,
equipment, withheld income tax, withheld social security
payments and every other deduction;
(8) verification of the actual cost of any equipment or
meal charged to a day or temporary laborer;
(9) the race and gender of each day or temporary
laborer sent by the day and temporary labor service agency,
as provided by the day or temporary laborer; and
(10) any additional information required by rules
issued by the Department.
(b) The day and temporary labor service agency shall
maintain all records under this Section for a period of 3 years
from their creation. The records shall be open to inspection by
the Department during normal business hours. Records described
in paragraphs (1), (2), (3), (6), (7), and (8) of subsection
(a) shall be available for review or copying by that day or
temporary laborer during normal business hours within 5 days
following a written request. In addition, a day and temporary
labor service agency shall make records related to the number
of hours billed to a third party client for that individual day
or temporary laborer's hours of work available for review or

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copying during normal business hours within 5 days following a
written request. The day and temporary labor service agency
shall make forms, in duplicate, for such requests available to
day or temporary laborers at the dispatch office. The day or
temporary laborer shall be given a copy of the request form. It
is a violation of this Section to make any false, inaccurate or
incomplete entry into any record required by this Section, or
to delete required information from any such record. Failure by
the third party client to remit time records to the day and
temporary labor service agency as provided in paragraph (a)(2)
shall constitute a notice violation by a third party client
under Section 95 of this Act unless the third party client has
been precluded from submitting such time records for reasons
beyond its control. A failure by the third party client to
provide time records in accordance with this subsection (b)
shall not be a notice violation and shall not be the basis for
a suit or other action under Section 95 of this Act against the
day and temporary labor service agency.
(c) The day and temporary labor service agency shall
collect, from each person seeking work as a day or temporary
laborer, demographic information on a contact form which allows
the person to self-identify his or her race and gender. This
information shall be maintained separately from any personnel
files used to make job assignments. The day and temporary labor
service agency shall submit the information gathered under this
subsection (c) to the Department on an annual basis. The

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Department shall use the data submitted to it under this
Section to submit a yearly report to the General Assembly. The
report submitted by the Department shall detail the hiring
practices of each branch office of the day and temporary labor
service agency. An agent of a day and temporary labor service
agency who submits to the Department false or altered data
under this subsection (c) is guilty of a Class A misdemeanor.
(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)