Illinois human rights act employee handbook

Public Act 1050 98TH GENERAL ASSEMBLY

 Public Act 098-1050  
HB0008 EnrolledLRB098 00001 AJO 30001 b
  AN ACT concerning human rights.  Be it enacted by the People of the State of Illinois, represented in the General Assembly:  Section 5. Findings. The General Assembly finds and declares the following:  (1) Current workplace laws are inadequate to protect  pregnant workers from enjoying equal employment  opportunities.  (2) Because of inadequate protections, pregnant women  who are temporarily limited in their abilities to perform  their work functions because of pregnancy, childbirth, or  conditions related to pregnancy or childbirth are often  forced to take unpaid leave or are fired, despite the  availability of reasonable accommodations that would allow  them to continue to work. The most frequent accommodations  involve limits on lifting, access to places to sit, and  more frequent bathroom breaks.  (3) Many pregnant women are single mothers or the  primary breadwinners for their families. If one of these  women loses her job, her whole family, and Illinois,  suffers.  (4) Employers are familiar with the reasonable  accommodations framework. Indeed, employers are required  to reasonably accommodate people with disabilities. Sadly,  
 many employers refuse to provide reasonable accommodations 
 or decline to extend workplace injury policies to pregnant 
 women. 
 (5) Women are nearly 50% of all workers in Illinois and 
 women of childbearing age are 54% of women workers. Failing 
 to provide reasonable accommodations to pregnant women 
 leads to lost wages, periods of unemployment, and lost 
 employment opportunities and job benefits such as 
 seniority, all of which have lifelong repercussions on 
 women's economic security and advancement and the 
 well-being of their families. 
 (6) Most women work during pregnancy. By continuing to 
 work, women can maintain and advance their economic 
 security. Moreover, women who work during pregnancy may be 
 able to take a longer period of leave following childbirth, 
 which in turn facilitates breastfeeding, bonding with and 
 caring for a new child, and recovering from childbirth. 
 (7) Enabling pregnant workers to work through 
 pregnancy is good for businesses. Providing pregnant 
 employees with reasonable, temporary accommodations 
 increases worker productivity, retention, and morale, 
 decreases re-training costs, and reduces health care costs 
 associated with pregnancy complications. 
 Section 10. Purposes. The purposes of this Act are: 
 (1) to promote the State's interest in eradicating 
 
 gender discrimination, including discrimination based on 
 pregnancy, childbirth, or conditions related to pregnancy 
 or childbirth, and in promoting women's equality; 
 (2) to address the failure of existing laws to protect 
 the employment rights of pregnant workers; and 
 (3) to ensure full and equal participation for women in 
 the labor force by requiring employers to provide 
 reasonable accommodations to employees with conditions 
 related to pregnancy or childbirth. 
 Section 15. The Illinois Human Rights Act is amended by 
changing Sections 1-102, 1-103, 2-101, 2-102, and 6-101 as 
follows: 
 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) 
 Sec. 1-102. Declaration of Policy. It is the public policy 
of this State: 
 (A) Freedom from Unlawful Discrimination. To secure for all 
individuals within Illinois the freedom from discrimination 
against any individual because of his or her race, color, 
religion, sex, national origin, ancestry, age, order of 
protection status, marital status, physical or mental 
disability, military status, sexual orientation, pregnancy, or 
unfavorable discharge from military service in connection with 
employment, real estate transactions, access to financial 
credit, and the availability of public accommodations. 
 
 (B) Freedom from Sexual Harassment-Employment and 
Elementary, Secondary, and Higher Education. To prevent sexual 
harassment in employment and sexual harassment in elementary, 
secondary, and higher education. 
 (C) Freedom from Discrimination Based on Citizenship 
Status-Employment. To prevent discrimination based on 
citizenship status in employment. 
 (D) Freedom from Discrimination Based on Familial 
Status-Real Estate Transactions. To prevent discrimination 
based on familial status in real estate transactions. 
 (E) Public Health, Welfare and Safety. To promote the 
public health, welfare and safety by protecting the interest of 
all people in Illinois in maintaining personal dignity, in 
realizing their full productive capacities, and in furthering 
their interests, rights and privileges as citizens of this 
State. 
 (F) Implementation of Constitutional Guarantees. To secure 
and guarantee the rights established by Sections 17, 18 and 19 
of Article I of the Illinois Constitution of 1970. 
 (G) Equal Opportunity, Affirmative Action. To establish 
Equal Opportunity and Affirmative Action as the policies of 
this State in all of its decisions, programs and activities, 
and to assure that all State departments, boards, commissions 
and instrumentalities rigorously take affirmative action to 
provide equality of opportunity and eliminate the effects of 
past discrimination in the internal affairs of State government 
 
and in their relations with the public. 
 (H) Unfounded Charges. To protect citizens of this State 
against unfounded charges of unlawful discrimination, sexual 
harassment in employment and sexual harassment in elementary, 
secondary, and higher education, and discrimination based on 
citizenship status in employment. 
(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10; 
96-1319, eff. 7-27-10.) 
 (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. 
 (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 
 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 or an 
order of protection issued by a court of another state. 
 (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 
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 
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. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; 
97-410, eff. 1-1-12; 97-813, eff. 7-13-12.) 
 (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. 
 (2) "Employee" does not include: 
 (a) Domestic servants in private homes; 
 (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 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 
 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 
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 a bid opening, 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. 97-877, eff. 8-2-12.) 
 (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 
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. 
 (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 
 (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). Pregnancy; peace officers and fire fighters. 
For a public employer to refuse to temporarily transfer a 
pregnant female peace officer or pregnant female fire fighter 
to a less strenuous or hazardous position for the duration of 
her pregnancy if she so requests, with the advice of her 
physician, where that transfer can be reasonably accommodated. 
For the purposes of this subdivision (H), "peace officer" and 
"fire fighter" have the meanings ascribed to those terms in 
Section 3 of the Illinois Public Labor Relations Act. 
 It is not a civil rights violation for an employer to take 
any action that is required by Section 1324a of Title 8 of the 
United States Code, as now or hereafter amended. 
 (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 related medical or common conditions 
related to pregnancy or childbirth. Women affected by 
pregnancy, childbirth, or related 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 
 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 
 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, 
 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 
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 
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 
 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. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.) 
 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101) 
 Sec. 6-101. Additional Civil Rights Violations. It is a 
civil rights violation for a person, or for two or more persons 
to conspire, to: 
 (A) Retaliation. Retaliate against a person because he 
 or she has opposed that which he or she reasonably and in 
 good faith believes to be unlawful discrimination, sexual 
 
 harassment in employment or sexual harassment in 
 elementary, secondary, and higher education, 
 discrimination based on citizenship status in employment, 
 or because he or she has made a charge, filed a complaint, 
 testified, assisted, or participated in an investigation, 
 proceeding, or hearing under this Act, or because he or she 
 has requested, attempted to request, used, or attempted to 
 use a reasonable accommodation as allowed by this Act; 
 (B) Aiding and Abetting; Coercion. Aid, abet, compel or 
 coerce a person to commit any violation of this Act; 
 (C) Interference. Wilfully interfere with the 
 performance of a duty or the exercise of a power by the 
 Commission or one of its members or representatives or the 
 Department or one of its officers or employees. 
 Definitions. For the purposes of this Section, "sexual 
harassment" and "citizenship status" shall have the same 
meaning as defined in Section 2-101 of this Act. 
(Source: P.A. 96-1319, eff. 7-27-10; 97-333, eff. 8-12-11.) 
 Section 99. Effective date. This Act takes effect January 
1, 2015.