HB 2161

Abstract

Amends the Illinois Human Rights Act. Provides that it is the public policy of the State to prevent discrimination based on family responsibilities in employment. Defines "family responsibilities" as an employee's actual or perceived provision of care to a family member, whether in the past, present, or future. Provides that it is a civil rights violation for: (1) 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 family responsibilities; (2) 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 family responsibilities; and (3) 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 family responsibilities. Provides that it is a civil rights violation for a person, or for 2 or more persons, to conspire to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be discrimination based on family responsibilities. Makes conforming changes. House Committee Amendment No. 1 Deletes reference to: 775 ILCS 5/2-102 from Ch. 68, par. 2-102 Adds reference to: 775 ILCS 5/1-102 from Ch. 68, par. 1-102 775 ILCS 5/2-101 775 ILCS 5/6-101 from Ch. 68, par. 6-101 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that the policy of freedom from unlawful discrimination includes freedom from discrimination against any individual because of his or her family responsibilities in employment (rather than stating a standalone policy for such discrimination). Changes the definition of "family responsibilities" and "family member". Removes the definitions of "care". Defines "personal care". Removes the changes made to a provision regarding civil rights violations in employment. House Committee Amendment No. 2 Changes the definition of "family responsibilities" from "an employee's actual or perceived provision of personal care to a family member, whether in the past, present, or future" to "an employee's actual or perceived provision of personal care to a family member." House Floor Amendment No. 3 Deletes reference to: 775 ILCS 5/1-102 Adds reference to: 775 ILCS 5/2-104 from Ch. 68, par. 2-104 Replaces everything after the enacting clause with provisions of the bill as amended. Includes "family responsibilities" in the definition of harassment. Defines family responsibilities to mean an employee's actual or perceived provision of personal care to a family member. Defines "personal care" and "family member". Includes "family responsibilities" in the provisions creating a civil rights violation if violated by an employer, employment agency, or labor organization. Provides that nothing contained in the Act may be construed to obligate an employer, employment agency, or labor organization to make accommodations for an employee based on family responsibilities, including accommodations as related to leave, scheduling, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits. Senate Floor Amendment No. 2 Provides that nothing contained in the Act may be construed to obligate an employer, employment agency, or labor organization to make accommodations or modifications to reasonable workplace rules or policies for an employee based on family responsibilities, including accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits, as long as its rules or policies are applied in accordance with this Act. Provides that nothing contained in the Act prevents an employer from taking adverse action or otherwise enforcing reasonable workplace rules or policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits against an employee with family responsibilities as long as its policies are applied in accordance with the Act.