2023 Illinois Compiled Statutes › Chapter 820 - EMPLOYMENT › 820 ILCS 180/ - Victims' Economic Security and Safety Act.

(820 ILCS 180/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Victims'
Economic Security and Safety Act.
(Source: P.A. 93-591, eff. 8-25-03.)
(820 ILCS 180/5)
Sec. 5. Findings. The General Assembly finds and declares the
following:
(1) Domestic, sexual, and gender violence affects     many persons without regard to age, race, educational level, socioeconomic status, religion, or occupation.
(2) Domestic, sexual, and gender violence has a     devastating effect on individuals, families, communities and the workplace.
(3) Domestic violence crimes account for     approximately 15% of total crime costs in the United States each year.
(4) Violence against women has been reported to be     the leading cause of physical injury to women. Such violence has a devastating impact on women's physical and emotional health and financial security.
(5) According to recent government surveys, from 1993     through 1998 the average annual number of violent victimizations committed by intimate partners was 1,082,110, 87% of which were committed against women.
(6) Female murder victims were substantially more     likely than male murder victims to have been killed by an intimate partner. About one-third of female murder victims, and about 4% of male murder victims, were killed by an intimate partner.
(7) According to recent government estimates,     approximately 987,400 rapes occur annually in the United States, 89% of the rapes are perpetrated against female victims.
(8) Approximately 10,200,000 people have been stalked     at some time in their lives. Four out of every 5 stalking victims are women. Stalkers harass and terrorize their victims by spying on the victims, standing outside their places of work or homes, making unwanted phone calls, sending or leaving unwanted letters or items, or vandalizing property.
(9) Employees in the United States who have been     victims of domestic violence, dating violence, sexual assault, or stalking too often suffer adverse consequences in the workplace as a result of their victimization.
(10) Victims of domestic violence, dating violence,     sexual assault, and stalking face the threat of job loss and loss of health insurance as a result of the illegal acts of the perpetrators of violence.
(11) The prevalence of domestic violence, dating     violence, sexual assault, stalking, and other violence against women at work is dramatic. Approximately 11% of all rapes occur in the workplace. About 50,500 individuals, 83% of whom are women, were raped or sexually assaulted in the workplace each year from 1992 through 1996. Half of all female victims of violent workplace crimes know their attackers. Nearly one out of 10 violent workplace incidents is committed by partners or spouses.
(12) Homicide is the leading cause of death for women     on the job. Husbands, boyfriends, and ex-partners commit 15% of workplace homicides against women.
(13) Studies indicate that as much as 74% of employed     battered women surveyed were harassed at work by their abusive partners.
(14) According to a 1998 report of the U.S. General     Accounting Office, between one-fourth and one-half of domestic violence victims surveyed in 3 studies reported that the victims lost a job due, at least in part, to domestic violence.
(15) Women who have experienced domestic violence or     dating violence are more likely than other women to be unemployed, to suffer from health problems that can affect employability and job performance, to report lower personal income, and to rely on welfare.
(16) Abusers frequently seek to control their     partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting the access of their partners to cash or transportation, and sabotaging the child care arrangements of their partners.
(17) More than one-half of women receiving welfare     have been victims of domestic violence as adults and between one-fourth and one-third reported being abused in the last year.
(18) Sexual assault, whether occurring in or out of     the workplace, can impair an employee's work performance, require time away from work, and undermine the employee's ability to maintain a job. Almost 50% of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
(19) More than one-fourth of stalking victims report     losing time from work due to the stalking and 7% never return to work.
(20) (A) According to the National Institute of     Justice, crime costs an estimated $450,000,000,000 annually in medical expenses, lost earnings, social service costs, pain, suffering, and reduced quality of life for victims, which harms the Nation's productivity and drains the Nation's resources.  (B) Violent crime accounts for $426,000,000,000 per year of this amount. (C) Rape exacts the highest costs per victim of any criminal offense, and accounts for $127,000,000,000 per year of the amount described in subparagraph (A).
(21) The Bureau of National Affairs has estimated     that domestic violence costs United States employers between $3,000,000,000 and $5,000,000,000 annually in lost time and productivity. Other reports have estimated that domestic violence costs United States employers $13,000,000,000 annually.
(22) United States medical costs for domestic     violence have been estimated to be $31,000,000,000 per year.
(23) Ninety-four percent of corporate security and     safety directors at companies nationwide rank domestic violence as a high security concern.
(24)  Forty-nine percent of senior executives     recently surveyed said domestic violence has a harmful effect on their company's productivity, 47% said domestic violence negatively affects attendance, and 44% said domestic violence increases health care costs.
(25) Employees, including individuals participating     in welfare to work programs, may need to take time during business hours to:
(A) obtain orders of protection or civil no         contact orders;
(B) seek medical or legal assistance, counseling,         or other services; or
(C) look for housing in order to escape from         domestic or sexual violence.
(Source: P.A. 101-221, eff. 1-1-20.)
(820 ILCS 180/10)
Sec. 10. Definitions. In this Act, except as otherwise expressly provided:
(1) "Commerce" includes trade, traffic, commerce,     transportation, or communication; and "industry or activity affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes "commerce" and any "industry affecting commerce".
(2) "Course of conduct" means a course of repeatedly     maintaining a visual or physical proximity to a person or conveying oral or written threats, including threats conveyed through electronic communications, or threats implied by conduct.
(2.5) "Crime of violence" means any conduct     proscribed by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal Code of 2012 or a similar provision of the Criminal Code of 1961, in addition to conduct proscribed by Articles of the Criminal Code of 2012 referenced in other definitions in this Section.
(3) "Department" means the Department of Labor.
(4) "Director" means the Director of Labor.
(5) "Domestic violence, sexual violence, or gender     violence" means domestic violence, sexual assault, gender violence, or stalking.
(6) "Domestic violence" means abuse, as defined in     Section 103 of the Illinois Domestic Violence Act of 1986, by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.
(7) "Electronic communications" includes     communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, pager, online platform (including, but not limited to, any public-facing website, web application, digital application, or social network), or any other electronic communication, as defined in Section 12-7.5 of the Criminal Code of 2012.
(8) "Employ" includes to suffer or permit to work.
(9) Employee.
(A) In general. "Employee" means any person         employed by an employer.
(B) Basis. "Employee" includes a person employed         as described in subparagraph (A) on a full or part-time basis, or as a participant in a work assignment as a condition of receipt of federal or State income-based public assistance.
(10) "Employer" means any of the following: (A) the     State or any agency of the State; (B) any unit of local government or school district; or (C) any person that employs at least one employee.
(11) "Employment benefits" means all benefits     provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, pensions, and profit-sharing, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan". "Employee benefit plan" or "plan" means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.
(12) "Family or household member", for employees with     a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence,  means a spouse or party to a civil union, parent, grandparent, child, grandchild, sibling, or any other person related by blood or by present or prior marriage or civil union, other person  who shares a relationship through a child, or any other individual whose close association with the employee is the equivalent of a family relationship as determined by the employee, and persons jointly residing in the same household.
(12.5) "Gender violence" means:
(A) one or more acts of violence or aggression     satisfying the elements of any criminal offense under the laws of this State that are committed, at least in part, on the basis of a person's actual or perceived sex or gender, regardless of whether the acts resulted in criminal charges, prosecution, or conviction;
(B) a physical intrusion or physical invasion of a     sexual nature under coercive conditions satisfying the elements of any criminal offense under the laws of this State, regardless of whether the intrusion or invasion resulted in criminal charges, prosecution, or conviction; or
(C) a threat of an act described in item (A) or (B)     causing a realistic apprehension that the originator of the threat will commit the act.
(13) (Blank).
(14) "Perpetrator" means an individual who commits or     is alleged to have committed any act or threat of domestic violence, sexual violence, gender violence, or any other crime of violence.
(15) "Person" means an individual, partnership,     association, corporation, business trust, legal representative, or any organized group of persons.
(16) "Public agency" means the Government of the     State or political subdivision thereof; any agency of the State, or of a political subdivision of the State; or any governmental agency.
(17) "Public assistance" includes cash, food stamps,     medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency or public employer.
(18) "Reduced work schedule" means a work schedule     that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(19) "Repeatedly" means on 2 or more occasions.
(20) "Sexual assault" means any conduct proscribed     by: (i) Article 11 of the Criminal Code of 2012 except Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or (iii) a similar provision of the Criminal Code of 1961.
(20.5) "Sexual violence" means sexual assault.
(21) "Stalking" means any conduct proscribed by the     Criminal Code of 1961 or the Criminal Code of 2012 in Sections 12-7.3, 12-7.4, and 12-7.5.
(22) "Victim" or "survivor" means an individual who     has been subjected to domestic violence, sexual violence, gender violence, or any other crime of violence.   "Victim" also includes any person described as a victim, as defined under Section 2 of the Crime Victims Compensation Act.
(23) "Victim services organization" means a     nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual violence, gender violence, or any other crime of violence or to advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process.
(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
(820 ILCS 180/15)
Sec. 15. Purposes. The purposes of this Act are:
(1) to promote the State's interest in reducing     domestic violence, dating violence, sexual assault, gender violence, stalking, and any crime of violence by enabling victims of domestic violence, sexual violence, gender violence, or any crime of violence to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic violence, sexual violence, gender violence, or any crime of violence, and to reduce the devastating economic consequences of domestic violence, sexual violence, gender violence, or any crime of violence to employers and employees;
(2) to address the failure of existing laws to     protect the employment rights of employees who are victims of domestic violence, sexual violence, gender violence, or any crime of violence and employees with a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any crime of violence by protecting the civil and economic rights of those employees, and by furthering the equal opportunity of women for economic self-sufficiency and employment free from discrimination;
(3) to accomplish the purposes described in     paragraphs (1) and (2) by (A) entitling employed victims of domestic violence, sexual violence, gender violence, or any crime of violence and employees with a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any crime of violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance without penalty from their employers for the employee or the family or household member who is a victim; and (B) prohibiting employers from discriminating against any employee who is a victim of domestic violence, sexual violence, gender violence, or any crime of violence or any employee who has a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any crime of violence, in a manner that accommodates the legitimate interests of employers and protects the safety of all persons in the workplace.
(Source: P.A. 103-314, eff. 1-1-24.)
(820 ILCS 180/20)
Sec. 20. Entitlement to leave due to domestic violence, sexual violence, gender violence, or any other crime of violence.
(a) Leave requirement.
(1) Basis. An employee who is a victim of domestic     violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or any other crime of violence may take unpaid leave from work if the employee or employee's family or household member is experiencing an incident of domestic violence, sexual violence, gender violence, or any other crime of violence or to address domestic violence, sexual violence, gender violence, or any other crime of violence by:
(A) seeking medical attention for, or recovering         from, physical or psychological injuries caused by domestic violence, sexual violence, gender violence, or any other crime of violence to the employee or the employee's family or household member;
(B) obtaining services from a victim services         organization for the employee or the employee's family or household member;
(C) obtaining psychological or other counseling         for the employee or the employee's family or household member;
(D) participating in safety planning, temporarily         or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic violence, sexual violence, gender violence, or any other crime of violence or ensure economic security;
(E) seeking legal assistance or remedies to         ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil, criminal, or military legal proceeding related to or derived from domestic violence, sexual violence, gender violence, or any other crime of violence;
(F)   attending the funeral or alternative to a         funeral or wake  of a family or household member who is killed in a crime of violence;
(G)   making arrangements necessitated by the         death of a family or household member who is killed in a crime of violence; or
(H)   grieving the death of a family or household         member who is killed in a crime of violence.
(2) Period. Subject to subsection (c) and except as     provided in paragraph (4) of this subsection, an employee working for an employer that employs at least 50 employees shall be entitled to a total of 12 workweeks of leave during any 12-month period. Subject to subsection (c) and except as provided in paragraph (4) of this subsection, an employee working for an employer that employs at least 15 but not more than 49 employees shall be entitled to a total of 8 workweeks of leave during any 12-month period.  Subject to subsection (c) and except as provided in paragraph (4) of this subsection, an employee working for an employer that employs at least one but not more than 14 employees shall be entitled to a total of 4 workweeks of leave during any 12-month period. The total number of workweeks to which an employee is entitled shall not decrease during the relevant 12-month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
(3) Schedule. Leave described in paragraph (1) may be     taken consecutively, intermittently, or on a reduced work schedule.
(4) Exceptions. An employee shall be entitled to use     a cumulative total of not more than 2 workweeks (10 work days) of unpaid leave for the purposes described in subparagraphs (F), (G), or (H) of paragraph (1), which must be completed within 60 days after the date on which the employee receives notice of the death of the victim, and is subject to the following:
(A) Except as provided in subparagraph (2), if an         employee is also entitled to taken unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, this Act does not create a right for the employee to take unpaid bereavement leave that exceeds, or is in addition to, the unpaid bereavement leave the employee is entitled to take under the Family Bereavement Leave Act.
(B) If an employee is also entitled to take         unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, leave taken under this Act for the purposes described in subparagraphs (F), (G), or (H) of paragraph (1) or leave taken under the Family Bereavement Leave Act shall be in addition to, and shall not diminish, the total amount of leave time an employee is entitled to under paragraph (2).
(C) If an employee is not entitled to unpaid         bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, leave taken for the purposes described in subparagraphs (F), (G), or (H) of paragraph (1) shall be deducted from, and is not in addition to, the total amount of leave time an employee is entitled to under paragraph (2).
(D) Leave taken for the purposes described in         subparagraphs (F), (G), or (H) of paragraph (1) shall not otherwise limit or diminish the total amount of leave time an employee is entitled to take under paragraph (2).
(b) Notice. The employee shall provide the employer with at least 48 hours'
advance
notice of the employee's intention to take the leave, unless providing
such notice is not practicable. When an unscheduled absence occurs,
the employer may not take any action against the employee if the
employee, upon request of the employer and within a reasonable period after the absence, provides
certification under subsection (c).
(c) Certification.
(1) In general. The employer may require the employee     to provide certification to the employer that:
(A) the employee or the employee's family or         household member is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence; and
(B) the leave is for one of the purposes         enumerated in paragraph (a)(1).
The employee shall provide such certification to the     employer within a reasonable period after the employer requests certification.
(2) Contents. An employee may satisfy the     certification requirement of paragraph (1) by providing to the employer a sworn statement of the employee, and if the employee has possession of such document, the employee shall provide one of the following documents:
(A) documentation from an employee, agent, or         volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, sexual violence, gender violence, or any other crime of violence and the effects of the violence;
(B) a police, court, or military record;
(B-5) a death certificate, published obituary, or         written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency, documenting that a victim was killed in a crime of violence; or
(C) other corroborating evidence.
The employee shall choose which document to submit,     and the employer shall not request or require more than one document to be submitted during the same 12-month period leave is requested or taken if the reason for leave is related to the same incident or incidents of violence or the same perpetrator or perpetrators of the violence.
(d) Confidentiality. All information provided to the employer pursuant
to subsection (b) or (c), including a statement of the employee or any
other documentation, record, or corroborating evidence, and the fact
that the employee has requested or obtained leave pursuant to this
Section, shall be retained in the strictest confidence by the employer,
except to the extent that disclosure is:
(1) requested or consented to in writing by the     employee; or
(2) otherwise required by applicable federal or State     law.
(e) Employment and benefits.
(1) Restoration to position.
(A) In general. Any employee who takes leave         under this Section for the intended purpose of the leave shall be entitled, on return from such leave:
(i) to be restored by the employer to the             position of employment held by the employee when the leave commenced; or
(ii) to be restored to an equivalent position             with equivalent employment benefits, pay, and other terms and conditions of employment.
(B) Loss of benefits. The taking of leave under         this Section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(C) Limitations. Nothing in this subsection shall         be construed to entitle any restored employee to:
(i) the accrual of any seniority or             employment benefits during any period of leave; or
(ii) any right, benefit, or position of             employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(D) Construction. Nothing in this paragraph shall         be construed to prohibit an employer from requiring an employee on leave under this Section to report periodically to the employer on the status and intention of the employee to return to work.
(2) Maintenance of health benefits.
(A) Coverage. Except as provided in subparagraph         (B), during any period that an employee takes leave under this Section, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
(B) Failure to return from leave. The employer         may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Section if:
(i) the employee fails to return from leave             under this Section after the period of leave to which the employee is entitled has expired; and
(ii) the employee fails to return to work for             a reason other than:
(I) the continuation, recurrence, or                 onset of domestic violence, sexual violence, gender violence, or any other crime of violence that entitles the employee to leave pursuant to this Section; or
(II) other circumstances beyond the                 control of the employee.
(C) Certification.
(i) Issuance. An employer may require an             employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason.
(ii) Contents. An employee may satisfy the             certification requirement of clause (i) by providing to the employer:
(I) a sworn statement of the employee;
(II) documentation from an employee,                 agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic violence, sexual violence, gender violence, or any other crime of violence and the effects of that violence;
(III) a police, court, or military                 record; or
(IV) other corroborating evidence.
The employee shall choose which document to             submit, and the employer shall not request or require more than one document to be submitted.
(D) Confidentiality. All information provided to         the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:
(i) requested or consented to in writing by             the employee; or
(ii) otherwise required by applicable federal             or State law.
(f) Prohibited acts.
(1) Interference with rights.
(A) Exercise of rights. It shall be unlawful for         any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Section.
(B) Employer discrimination. It shall be unlawful         for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual:
(i) exercised any right provided under this             Section; or
(ii) opposed any practice made unlawful by             this Section.
(C) Public agency sanctions. It shall be unlawful         for any public agency to deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner) because the individual:
(i) exercised any right provided under this             Section; or
(ii) opposed any practice made unlawful by             this Section.
(2) Interference with proceedings or inquiries. It     shall be unlawful for any person to discharge or in any other manner discriminate (as described in subparagraph (B) or (C) of paragraph (1)) against any individual because such individual:
(A) has filed any charge, or has instituted or         caused to be instituted any proceeding, under or related to this Section;
(B) has given, or is about to give, any         information in connection with any inquiry or proceeding relating to any right provided under this Section; or
(C) has testified, or is about to testify, in any         inquiry or proceeding relating to any right provided under this Section.
(Source: P.A. 102-487, eff. 1-1-22; 102-890, eff. 5-19-22; 103-314, eff. 1-1-24.)
(820 ILCS 180/25)
Sec. 25. Existing leave usable for addressing domestic violence, sexual violence, gender violence, or any criminal violence. An employee who is entitled to take paid or unpaid leave (including
family, medical, sick, annual, personal, or similar leave) from employment,
pursuant to federal, State, or local law, a collective bargaining agreement, or
an
employment benefits program or plan, may elect to substitute any period of such
leave for an equivalent period of leave provided under Section 20. The employer may not require the employee to substitute available paid or unpaid leave for leave provided under Section 20.
(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
(820 ILCS 180/30)
Sec. 30. Victims' employment sustainability; prohibited
discriminatory acts.
(a) An employer shall not fail to hire, refuse to hire,
discharge, constructively discharge, or harass any individual, otherwise discriminate against any
individual with respect to the compensation, terms, conditions, or
privileges of employment of the individual, or retaliate against an
individual in any form or manner, and a public agency shall not deny,
reduce, or terminate the benefits of, otherwise sanction, or harass any
individual, otherwise discriminate against any individual with respect
to the amount, terms, or conditions of public assistance of the
individual, or retaliate against an individual in any form or manner,
because:
(1) the individual involved:
(A) is or is perceived to be a victim of domestic         violence, sexual violence, gender violence, or any criminal violence;
(B) attended, participated in, prepared for, or         requested leave to attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic violence, sexual violence, gender violence, or any criminal violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason provided under Section 20, or attended, participated in, prepared for, requested leave to attend, participate in, or prepare for a court-martial or nonjudicial punishment proceeding pursuant to the Uniform Code of Military Justice relating to an incident of domestic violence, sexual violence, gender violence, or any criminal violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason provided under Section 20;
(C) requested an adjustment to a job structure,         workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure in response to actual or threatened domestic violence, sexual violence, gender violence, or any other crime of violence, regardless of whether the request was granted; or
(D) is an employee whose employer is subject to         Section 21 of the Workplace Violence Prevention Act; or
(2) the workplace is disrupted or threatened by the     action of a person whom the individual states has committed or threatened to commit domestic violence, sexual violence, gender violence, or any other crime of violence against the individual or the individual's family or household member.
(b) In this Section:
(1) "Discriminate", used with respect to the terms,     conditions, or privileges of employment or with respect to the terms or conditions of public assistance, includes not making a reasonable accommodation to the known limitations resulting from circumstances relating to being a victim of domestic violence, sexual violence, gender violence, or any criminal violence or a family or household member being a victim of domestic violence, sexual violence, gender violence, or any other crime of violence of an otherwise qualified individual:
(A) who is:
(i) an applicant or employee of the employer             (including a public agency); or
(ii) an applicant for or recipient of public             assistance from a public agency; and
(B) who is:
(i) or is perceived to be a victim of             domestic violence, sexual violence, gender violence, or any other crime of violence; or
(ii) with a family or household member who is             or is perceived to be a victim of domestic violence, sexual violence, gender violence, or any other crime of violence whose interests are not adverse to the individual in subparagraph (A) as it relates to the domestic violence, sexual violence, gender violence, or any other crime of violence;
unless the employer or public agency can demonstrate that     the accommodation would impose an undue hardship on the operation of the employer or public agency.
A reasonable accommodation must be made in a timely     fashion.  Any exigent circumstances or danger facing the employee or his or her family or household member shall be considered in determining whether the accommodation is reasonable.
(2) "Qualified individual" means:
(A) in the case of an applicant or employee         described in paragraph (1)(A)(i), an individual who, but for being a victim of domestic violence, sexual violence, gender violence, or any other crime of violence or with a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence, can perform the essential functions of the employment position that such individual holds or desires; or
(B) in the case of an applicant or recipient         described in paragraph (1)(A)(ii), an individual who, but for being a victim of domestic violence, sexual violence, gender violence, or any other crime of violence or with a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence, can satisfy the essential requirements of the program providing the public assistance that the individual receives or desires.
(3) "Reasonable accommodation" may include an     adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure, or assistance in documenting domestic violence, sexual violence, gender violence, or any other crime of violence that occurs at the workplace or in work-related settings,  or any other reasonable accommodation in response to actual or threatened domestic violence, sexual violence, gender violence, or any other crime of violence.
(4) Undue hardship.
(A) In general. "Undue hardship" means an action         requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).
(B) Factors to be considered. In determining         whether a reasonable accommodation would impose an undue hardship on the operation of an employer or public agency, factors to be considered include:
(i) the nature and cost of the reasonable             accommodation needed under this Section;
(ii) the overall financial resources of the             facility involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation on the operation of the facility;
(iii) the overall financial resources of the             employer or public agency, the overall size of the business of an employer or public agency with respect to the number of employees of the employer or public agency, and the number, type, and location of the facilities of an employer or public agency; and
(iv) the type of operation of the employer or             public agency, including the composition, structure, and functions of the workforce of the employer or public agency, the geographic separateness of the facility from the employer or public agency, and the administrative or fiscal relationship of the facility to the employer or public agency.
(c) An employer subject to Section 21 of the Workplace Violence Prevention Act shall not violate any provisions of the Workplace Violence Prevention Act.
(d) Confidentiality. All information provided to the

employer pursuant to this Section including a
statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained an accommodation pursuant to this Section shall be retained in the strictest confidence by the employer, except to the extent that disclosure is:
(1) requested or consented to in writing by the     employee; or
(2) otherwise required by applicable federal or State     law. (Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22; 102-890, eff. 5-19-22.)
(820 ILCS 180/35)
Sec. 35. 
		Enforcement.
(a) Department of Labor.
(1) The Director or his or her authorized     representative shall administer and enforce the provisions of this Act. Any employee or a representative of employees who believes his or her rights under this Act have been violated may, within 3 years after the alleged violation occurs, file a complaint with the Department requesting a review of the alleged violation. A copy of the complaint shall be sent to the person who allegedly committed the violation, who shall be the respondent. Upon receipt of a complaint, the Director shall cause such investigation to be made as he or she deems appropriate. The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged allegation. The parties shall be given written notice of the time and place of the hearing at least 7 days before the hearing. Upon receiving the report of the investigation, the Director shall make findings of fact. If the Director finds that a violation did occur, he or she shall issue a decision incorporating his or her findings and requiring the party committing the violation to take such affirmative action to abate the violation as the Director deems appropriate, including:
(A) damages equal to the amount of wages, salary,         employment benefits, public assistance, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate;
(B) such equitable relief as may be appropriate,         including but not limited to hiring, reinstatement, promotion, and reasonable accommodations; and
(C) reasonable attorney's fees, reasonable expert         witness fees, and other costs of the action to be paid by the respondent to a prevailing employee.
If the Director finds that there was no violation, he     or she shall issue an order denying the complaint. An order issued by the Director under this Section shall be final and subject to judicial review under the Administrative Review Law.
(2) The Director shall adopt rules necessary to     administer and enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases, including, but not limited to, provisions for depositions, subpoena power and procedures, and discovery and protective order procedures.
(3) Intervention. The Attorney General of Illinois     may intervene on behalf of the Department if the Department certifies that the case is of general public importance. Upon such intervention the court may award such relief as is authorized to be granted to an employee who has filed a complaint or whose representative has filed a complaint under this Section.
(b) Refusal to pay damages. Any employer who has been ordered by
the Director of Labor or the court to pay damages under this Section
and who fails to do so within 30 days after the order is entered is
liable to pay a penalty of 1% per calendar day to the employee for each
day of delay in paying the damages to the employee.
(Source: P.A. 93-591, eff. 8-25-03.)
(820 ILCS 180/40)
Sec. 40. Notification. Every employer covered by this Act
shall post and keep posted, in conspicuous places on the premises of
the employer where notices to employees are customarily posted, a
notice, to be prepared or approved by the Director of Labor,
summarizing the requirements of this Act and information pertaining to
the filing of a charge. The Director shall furnish copies of summaries
and rules to employers upon request without charge. Any employer that fails to post the required notice may not rely on the provisions in subsection (b) of Section 20 to claim that the employee failed to inform the employer that she or he wanted or was eligible for leave under this Act.
(Source: P.A. 96-635, eff. 8-24-09.)
(820 ILCS 180/45)
Sec. 45. Effect on other laws and employment benefits.
(a) More protective laws, agreements, programs, and
plans. Nothing in this Act shall be construed to supersede
any provision of any federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides:
(1) greater leave benefits for victims of domestic     violence, sexual violence, gender violence, or any other crime of violence  than the rights established under this Act; or
(2) leave benefits for a larger population of victims     of domestic violence, sexual violence, gender violence, or any other crime of violence (as defined in such law, agreement, program, or plan) than the victims of domestic violence, sexual violence, gender violence, or any other crime of violence covered under this Act.
(b) Less protective laws, agreements, programs, and
plans. The rights established for employees who are victims
of domestic violence, sexual violence, gender violence, or any
other crime of violence and employees with a family or
household member who is a victim of domestic violence, sexual violence, gender violence, or any
other crime of violence under this Act shall not be diminished by any
federal, State or local law, collective bargaining agreement, or
employment benefits program or plan.
(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
(820 ILCS 180/905)
Sec. 905. Severability. If any provision of this Act
or the application of such
provision to any person or circumstance is held
to be in violation of the United States Constitution or Illinois
Constitution, the
remainder of the provisions of this Act and the application of those
provisions to any person or circumstance shall not be affected.
(Source: P.A. 99-642, eff. 7-28-16.)
(820 ILCS 180/999)
Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 93-591, eff. 8-25-03.)