Bill Text: IL SB0576 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Non-Support Punishment Act. Makes a technical change in a Section concerning the Act's short title.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB0576 Detail]
Download: Illinois-2017-SB0576-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 2-101 as follows:
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6 | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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7 | Sec. 2-101. Definitions. The following definitions are | ||||||
8 | applicable
strictly in the context of this Article.
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9 | (A) Employee.
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10 | (1) "Employee" includes:
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11 | (a) Any individual performing services for | ||||||
12 | remuneration within this
State for an employer;
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13 | (b) An apprentice;
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14 | (c) An applicant for any apprenticeship.
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15 | For purposes of subsection (D) of Section 2-102 of this | ||||||
16 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
17 | intern is a person who performs work for an employer under | ||||||
18 | the following circumstances: | ||||||
19 | (i) the employer is not committed to hiring the | ||||||
20 | person performing the work at the conclusion of the | ||||||
21 | intern's tenure; | ||||||
22 | (ii) the employer and the person performing the | ||||||
23 | work agree that the person is not entitled to wages for |
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1 | the work performed; and | ||||||
2 | (iii) the work performed: | ||||||
3 | (I) supplements training given in an | ||||||
4 | educational environment that may enhance the | ||||||
5 | employability of the intern; | ||||||
6 | (II) provides experience for the benefit of | ||||||
7 | the person performing the work; | ||||||
8 | (III) does not displace regular employees; | ||||||
9 | (IV) is performed under the close supervision | ||||||
10 | of existing staff; and | ||||||
11 | (V) provides no immediate advantage to the | ||||||
12 | employer providing the training and may
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13 | occasionally impede the operations of the | ||||||
14 | employer. | ||||||
15 | (2) "Employee" does not include:
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16 | (a) (Blank);
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17 | (b) Individuals employed by persons who are not | ||||||
18 | "employers" as
defined by this Act;
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19 | (c) Elected public officials or the members of | ||||||
20 | their immediate
personal staffs ;
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21 | (d) Principal administrative officers of the State | ||||||
22 | or of any
political subdivision, municipal corporation | ||||||
23 | or other governmental unit
or agency;
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24 | (e) A person in a vocational rehabilitation | ||||||
25 | facility certified under
federal law who has been | ||||||
26 | designated an evaluee, trainee, or work
activity |
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1 | client.
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2 | (B) Employer.
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3 | (1) "Employer" includes:
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4 | (a) Any person employing 15 or more employees | ||||||
5 | within Illinois during
20 or more calendar weeks within | ||||||
6 | the calendar year of or preceding the alleged
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7 | violation;
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8 | (b) Any person employing one or more employees when | ||||||
9 | a complainant
alleges civil rights violation due to | ||||||
10 | unlawful discrimination based
upon his or her physical | ||||||
11 | or mental disability unrelated to ability, pregnancy, | ||||||
12 | or
sexual harassment;
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13 | (c) The State and any political subdivision, | ||||||
14 | municipal corporation
or other governmental unit or | ||||||
15 | agency, without regard to the number of
employees;
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16 | (d) Any party to a public contract without regard | ||||||
17 | to the number of
employees;
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18 | (e) A joint apprenticeship or training committee | ||||||
19 | without regard to the
number of employees.
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20 | (2) "Employer" does not include any religious | ||||||
21 | corporation,
association, educational institution, | ||||||
22 | society, or non-profit nursing
institution conducted by | ||||||
23 | and for those who rely upon treatment by prayer
through | ||||||
24 | spiritual means in accordance with the tenets of a | ||||||
25 | recognized
church or religious denomination with respect | ||||||
26 | to the employment of
individuals of a particular religion |
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1 | to perform work connected with the
carrying on by such | ||||||
2 | corporation, association, educational institution,
society | ||||||
3 | or non-profit nursing institution of its activities.
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4 | (C) Employment Agency. "Employment Agency" includes both | ||||||
5 | public and
private employment agencies and any person, labor | ||||||
6 | organization, or labor
union having a hiring hall or hiring | ||||||
7 | office regularly undertaking, with
or without compensation, to | ||||||
8 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
9 | place employees.
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10 | (D) Labor Organization. "Labor Organization" includes any
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11 | organization, labor union, craft union, or any voluntary | ||||||
12 | unincorporated
association designed to further the cause of the | ||||||
13 | rights of union labor
which is constituted for the purpose, in | ||||||
14 | whole or in part, of collective
bargaining or of dealing with | ||||||
15 | employers concerning grievances, terms or
conditions of | ||||||
16 | employment, or apprenticeships or applications for
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17 | apprenticeships, or of other mutual aid or protection in | ||||||
18 | connection with
employment, including apprenticeships or | ||||||
19 | applications for apprenticeships.
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20 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
21 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
22 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
23 | is made either explicitly or implicitly
a term or condition of | ||||||
24 | an individual's employment, (2) submission to or
rejection of | ||||||
25 | such conduct by an individual is used as the basis for
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26 | employment decisions affecting such individual, or (3) such |
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1 | conduct has the
purpose or effect of substantially interfering | ||||||
2 | with an individual's work
performance or creating an | ||||||
3 | intimidating, hostile or offensive working
environment.
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4 | (F) Religion. "Religion" with respect to employers | ||||||
5 | includes all
aspects of religious observance and practice, as | ||||||
6 | well as belief, unless an
employer demonstrates that he is | ||||||
7 | unable to reasonably accommodate an
employee's or prospective | ||||||
8 | employee's religious observance or practice
without undue | ||||||
9 | hardship on the conduct of the employer's business.
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10 | (G) Public Employer. "Public employer" means the State, an | ||||||
11 | agency or
department thereof, unit of local government, school | ||||||
12 | district,
instrumentality or political subdivision.
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13 | (H) Public Employee. "Public employee" means an employee of | ||||||
14 | the State,
agency or department thereof, unit of local | ||||||
15 | government, school district,
instrumentality or political | ||||||
16 | subdivision. "Public employee" does not include
public | ||||||
17 | officers or employees of the General Assembly or agencies | ||||||
18 | thereof.
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19 | (I) Public Officer. "Public officer" means a person who is | ||||||
20 | elected to
office pursuant to the Constitution or a statute or | ||||||
21 | ordinance, or who is
appointed to an office which is | ||||||
22 | established, and the qualifications and
duties of which are | ||||||
23 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
24 | discharge a public duty for the State, agency or department
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25 | thereof, unit of local government, school district, | ||||||
26 | instrumentality or
political subdivision.
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1 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
2 | prior to contract award or prior to bid opening for State | ||||||
3 | contracts for construction or construction-related services, | ||||||
4 | has filed with the Department a properly completed, sworn and
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5 | currently valid employer report form, pursuant to the | ||||||
6 | Department's regulations.
The provisions of this Article | ||||||
7 | relating to eligible bidders apply only
to bids on contracts | ||||||
8 | with the State and its departments, agencies, boards,
and | ||||||
9 | commissions, and the provisions do not apply to bids on | ||||||
10 | contracts with
units of local government or school districts.
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11 | (K) Citizenship Status. "Citizenship status" means the | ||||||
12 | status of being:
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13 | (1) a born U.S. citizen;
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14 | (2) a naturalized U.S. citizen;
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15 | (3) a U.S. national; or
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16 | (4) a person born outside the United States and not a | ||||||
17 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
18 | protected from discrimination under
the provisions of | ||||||
19 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
20 | or hereafter amended.
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21 | (Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, | ||||||
22 | eff. 8-9-17.)
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