Bill Text: IL HB4292 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Employment Article of the Illinois Human Rights Act. Provides that "citizenship status" includes, among other things, the status of being a person who is authorized by the federal government to work in the United States. Provides that it is a civil rights violation for an employer, for purposes of complying with federal employment eligibility requirements, to refuse to honor work authorization based upon the specific status or term of status that accompanies the authorization to work. Effective immediately.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4292 Detail]

Download: Illinois-2019-HB4292-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4292 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
775 ILCS 5/2-101
775 ILCS 5/2-102 from Ch. 68, par. 2-102
Amends the Employment Article of the Illinois Human Rights Act. Provides that "citizenship status" includes, among other things, the status of being a person who is authorized by the federal government to work in the United States. Provides that it is a civil rights violation for an employer, for purposes of complying with federal employment eligibility requirements, to refuse to honor work authorization based upon the specific status or term of status that accompanies the authorization to work. Effective immediately.
LRB101 16614 LNS 65998 b
A BILL FOR
HB4292 LRB101 16614 LNS 65998 b
AN ACT concerning human rights.
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 Sections 2-101 and 2-102 as follows:
(775 ILCS 5/2-101)
(Text of Section before amendment by P.A. 101-430)
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.
For purposes of subsection (D) of Section 2-102 of this
Act, "employee" also includes an unpaid intern. An unpaid
intern is a person who performs work for an employer under
the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the

HB4292 - 2 - LRB101 16614 LNS 65998 b
work agree that the person is not entitled to wages for
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

HB4292 - 3 - LRB101 16614 LNS 65998 b
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

HB4292 - 4 - LRB101 16614 LNS 65998 b
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

HB4292 - 5 - LRB101 16614 LNS 65998 b
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.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct
on the basis of an individual's actual or perceived race,
color, religion, national origin, ancestry, age, sex, marital
status, order of protection status, disability, military
status, sexual orientation, pregnancy, unfavorable discharge
from military service, or citizenship status that has the
purpose or effect of substantially interfering with the
individual's work performance or creating an intimidating,
hostile, or offensive working environment. For purposes of this
definition, the phrase "working environment" is not limited to
a physical location an employee is assigned to perform his or
her duties.
(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

HB4292 - 6 - LRB101 16614 LNS 65998 b
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.

HB4292 - 7 - LRB101 16614 LNS 65998 b
(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.
(5) a person who is authorized by the federal
government to work in the United States.
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20.)
(Text of Section after amendment by P.A. 101-430)
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.
For purposes of subsection (D) of Section 2-102 of this
Act, "employee" also includes an unpaid intern. An unpaid
intern is a person who performs work for an employer under

HB4292 - 8 - LRB101 16614 LNS 65998 b
the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
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;

HB4292 - 9 - LRB101 16614 LNS 65998 b
(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 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,

HB4292 - 10 - LRB101 16614 LNS 65998 b
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.

HB4292 - 11 - LRB101 16614 LNS 65998 b
(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.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct
on the basis of an individual's actual or perceived race,
color, religion, national origin, ancestry, age, sex, marital
status, order of protection status, disability, military
status, sexual orientation, pregnancy, unfavorable discharge
from military service, or citizenship status that has the
purpose or effect of substantially interfering with the
individual's work performance or creating an intimidating,
hostile, or offensive working environment. For purposes of this
definition, the phrase "working environment" is not limited to
a physical location an employee is assigned to perform his or
her duties.
(F) Religion. "Religion" with respect to employers

HB4292 - 12 - LRB101 16614 LNS 65998 b
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

HB4292 - 13 - LRB101 16614 LNS 65998 b
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.
(5) a person who is authorized by the federal
government to work in the United States.
(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
101-430, eff. 7-1-20; revised 9-18-19.)
(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, to engage in harassment as defined in subsection

HB4292 - 14 - LRB101 16614 LNS 65998 b
(E-1) of Section 2-101, 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. An employer is responsible for
harassment by the employer's nonmanagerial and
nonsupervisory employees only if the employer becomes
aware of the conduct and fails to take reasonable
corrective measures.
(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.
(A-10) Harassment of nonemployees. For any employer,
employment agency, or labor organization to engage in
harassment of nonemployees in the workplace. An employer is
responsible for harassment of nonemployees by the
employer's nonmanagerial and nonsupervisory employees only
if the employer becomes aware of the conduct and fails to
take reasonable corrective measures. For the purposes of
this subdivision (A-10), "nonemployee" means a person who

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is not otherwise an employee of the employer and is
directly performing services for the employer pursuant to a
contract with that employer. "Nonemployee" includes
contractors and consultants. This subdivision applies to
harassment occurring on or after the effective date of this
amendatory Act of the 101st General Assembly.
(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.

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(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.
(D-5) Sexual harassment of nonemployees. For any
employer, employee, agent of any employer, employment
agency, or labor organization to engage in sexual
harassment of nonemployees in the workplace. An employer is
responsible for sexual harassment of nonemployees by the
employer's nonmanagerial and nonsupervisory employees only
if the employer becomes aware of the conduct and fails to
take reasonable corrective measures. For the purposes of
this subdivision (D-5), "nonemployee" means a person who is
not otherwise an employee of the employer and is directly
performing services for the employer pursuant to a contract
with that employer. "Nonemployee" includes contractors and
consultants. This subdivision applies to sexual harassment
occurring on or after the effective date of this amendatory
Act of the 101st General Assembly.
(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

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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.
(E-5) Religious discrimination. For any employer to
impose upon a person as a condition of obtaining or
retaining employment, including opportunities for
promotion, advancement, or transfer, any terms or
conditions that would require such person to violate or
forgo a sincerely held practice of his or her religion
including, but not limited to, the wearing of any attire,
clothing, or facial hair in accordance with the
requirements of his or her religion, unless, after engaging
in a bona fide effort, the employer demonstrates that it is
unable to reasonably accommodate the employee's or
prospective employee's sincerely held religious belief,
practice, or observance without undue hardship on the
conduct of the employer's business.

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Nothing in this Section prohibits an employer from
enacting a dress code or grooming policy that may include
restrictions on attire, clothing, or facial hair to
maintain workplace safety or food sanitation.
(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 to refuse to honor work authorization based
upon the specific status or term of status that
accompanies the authorization to work; 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,

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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 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

HB4292 - 20 - LRB101 16614 LNS 65998 b
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

HB4292 - 21 - LRB101 16614 LNS 65998 b
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

HB4292 - 22 - LRB101 16614 LNS 65998 b
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;

HB4292 - 23 - LRB101 16614 LNS 65998 b
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

HB4292 - 24 - LRB101 16614 LNS 65998 b
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, the right to be free from sexual
harassment, and the right to certain reasonable
accommodations. The Department shall make the
documents required under this paragraph available for

HB4292 - 25 - LRB101 16614 LNS 65998 b
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. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
101-221, eff. 1-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.