6-10-010 Declaration of City policy.
6-10-020 Definitions.
6-10-025 Gender identity option in City documentation.
6-10-030 Unlawful discriminatory activities designated.
6-10-040 Sexual harassment.
6-10-050 Religious beliefs and practices.
6-10-053 Credit history.
6-10-054 Criminal history.
6-10-055 Job opportunity advertisements.
6-10-060 Discriminatory practices – Credit transactions.
6-10-065 Alternative identification cards.
6-10-070 Discriminatory practices – Public accommodations.
6-10-080 Exemptions for certain religious organizations.
6-10-090 Violation – Investigation by Commission on Human Relations – Prosecution.
6-10-100 Retaliation prohibited.
6-10-110 Construction of chapter provisions.
6-10-120 Violation – Penalty.
It is the policy of the City of Chicago to assure that all persons within its jurisdiction shall have equal access to public services and shall be protected in the enjoyment of civil rights, and to promote mutual understanding and respect among all who live and work within this city. The City Council of the City of Chicago hereby declares and affirms:
That prejudice, intolerance, bigotry, and the discrimination occasioned thereby, and sexual harassment, threaten the rights and proper privileges of the City's inhabitants and menace the institutions and foundation of a free and democratic society; and
That behavior which denies equal treatment to any individual because of that individual's race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, source of income, credit history (within the meaning of Section 6-10-053), or criminal history (within the meaning of Section 6-10-054) undermines civil order and deprives persons of the benefits of a free and open society.
Nothing in this chapter shall be construed as supporting or advocating any particular lifestyle or religious view. To the contrary, it is the intention of this chapter that all persons be treated fairly and equally and it is the express intent of this chapter to guarantee to all of our residents fair and equal treatment under law.
(Prior code § 199-1; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 11-6-02, p. 96031, § 3; Amend Coun. J. 3-14-12, p. 22749, § 1; Amend Coun. J. 11-5-14, p. 95804, § 1; Amend Coun. J. 2-10-16, p. 18514, § 8; Amend Coun. J. 4-18-18, p. 76346, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 8; Amend Coun. J. 4-27-22, p. 46382, § 11; Amend Coun. J. 11-7-22, p. 54984, § 8; Amend Coun. J. 4-19-23, p. 62651, § 10)
Whenever used in this chapter:
"Age" means chronological age of not less than 40 years.
"Applicant" means any person pursuing employment with an employer or with or through an employment agency.
"Arrest record" means: (1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered, expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act
"Commission" means the Chicago Commission on Human Relations.
"Conviction record" means information indicating that a person has been convicted of a felony, misdemeanor, or other criminal offense, placed on probation, fined, imprisoned, or paroled by a court of any jurisdiction pursuant to any law enforcement or military authority.
"Credit history" means a record of an individual's past borrowing and repaying, including information about late payments and bankruptcy.
"Credit report" means any written or other communication of any information by a consumer reporting agency that bears on a consumer's creditworthiness, credit standing, credit capacity, or credit history.
"Credit transaction" means the grant, denial, extension, or termination of credit to an individual.
"Disability" means:
(i) a determinable physical or mental characteristic which may result from disease, injury, congenital condition of birth or functional disorder including, but not limited to, a determinable physical characteristic which necessitates a person's use of a guide, hearing, or support dog; or
(ii) the history of such a characteristic; or
(iii) the perception of such a characteristic by the person complained against.
"Employee" means an individual who is engaged to work within the geographical boundaries of the City of Chicago for or under the direction and control of another for monetary or other valuable consideration.
"Employer" means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that provides employment for one or more employees in the current or preceding calendar year, and any agent of such an entity or person. To qualify as an employer for purposes of Section 6-10-054, such individual, group, or entity must: (1) be subject to one or more of the license requirements in Title 4 of this Code; or (2) maintain a business facility within the geographic boundaries of the City; or (3) both (1) and (2). The City of Chicago qualifies as an employer for purposes of Section 6-10-054.
"Employment" means any occupation or vocation.
"Employment agency" means a person that undertakes to procure employees or opportunities to work for potential employees, either through interviews, referrals, advertising, or any combination thereof.
"Gender identity" means the actual or perceived appearance, expression, identity, or behavior of a person as being male or female, whether or not that appearance, expression, identity, or behavior is different from that traditionally associated with the person's designated sex at birth.
"Marital status" means the legal status of being single, married, divorced, separated, or widowed.
"Military status" means (1) being on active duty in, or in any reserve component of, any branch of the armed forces of the United States, the State of Illinois, or any other state; (2) being a veteran of any such branch of the armed forces; or (3) the fact of discharge from any such branch of the armed forces and the reasons for such discharge.
"Parental status" means the status of living with one or more dependent minor or disabled children.
"Public accommodation" means a place, business establishment, or agency that sells, leases, provides or offers any product, facility, or service to the general public, regardless of ownership or operation (i) by a public body or agency; (ii) for or without regard to profit; or (iii) for a fee or not for a fee. An institution, club, association, or other place of accommodation which has more than 400 members, and provides regular meal service and regularly receives payment for dues, fees, accommodations, facilities, or services from or on behalf of nonmembers for the furtherance of trade or business shall be considered a place of public accommodation for purposes of this chapter.
"Religion" means all aspects of religious observance and practice, as well as belief, except that with respect to employers "religion" has the meaning ascribed to it in Section 6-10-050.
"Sexual orientation" means a person's actual or perceived sexual and emotional attraction, or lack thereof, to another person.
"Sexual harassment" means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; or (ii) requests for sexual favors or 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, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the 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; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual's employment position.
"Source of income" means the lawful manner by which individuals support themselves and their dependents.
(Prior code § 199-2; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 11-6-02, p. 96031, § 3; Amend Coun. J. 3-14-12, p. 22749, § 1; Amend Coun. J. 11-5-14, p. 95804, § 2; Amend Coun. J. 4-15-15, p. 106130, § 4; Amend Coun. J. 2-10-16, p. 18514, § 9; Amend Coun. J. 4-27-22, p. 46382, § 11; Amend Coun. J. 4-19-23, p. 62651, § 11)
(a) No form issued by the City shall ask an individual's sex unless it is necessary for medical reasons, a legitimate governmental purpose, or required by another law.
(b) The City may ask for the gender identity of an individual when it is necessary for medical reasons, a legitimate governmental purpose, or required by another law.
(c) Where selection of gender identity from predetermined options is required by design of any City form, the gender identity options on said forms shall include "male", "female", and "nonbinary".
(d) Where honorifics or titles are made available on any City form, the City shall recognize and make available in any list of predetermined options the gender-neutral honorific "Mx".
(e) Where templates are used to create identification cards, business cards, stationery, letterheads, or other personalized documentation, said templates shall include designated space for pronouns. Where selection of pronouns from predetermined options is required by design of any form or template, the pronoun options on said form or template shall include "he/him", "she/her", and "they/them".
(f) For purposes of this section, "a legitimate governmental purpose" includes, but is not limited to, the collection of demographic information for reporting on the diversity of employees within the City government or for providing better services to the public.
(Added Coun. J. 10-7-20, p. 21440, § 2; Amend Coun. J. 4-27-22, p. 46382, § 11; Amend Coun. J. 9-21-22, p. 51935, § 1)
No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation, or other term or condition of employment because of the individual’s race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, credit history (within the meaning of Section 6-10-053), criminal history (within the meaning of Section 6-10-054), or source of income. No employment agency shall directly or indirectly discriminate against any individual in classification, processing, referral or recommendation for employment because of the individual’s race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, credit history (within the meaning of Section 6-10-053), criminal history (within the meaning of Section 6-10-054), or source of income.
The prohibitions contained in this paragraph shall not apply to any of the following:
(a) use of an individual's unfavorable discharge from military service as a valid employment criterion where: (i) authorized by federal law or regulation; or (ii) where the affected position of employment involves the exercise of fiduciary responsibilities and the reasons for the dishonorable discharge are related to such individual's fiduciary capacity;
(b) hiring or selecting between individuals for bona fide occupational qualifications; and
(c) giving preferential treatment to veterans and their relatives as required by federal, state or local law or regulation.
(Prior code § 199-3; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 11-6-02, p. 96031, § 3; Amend Coun. J. 3-14-12, p. 22749, § 1; Amend Coun. J. 2-10-16, p. 18514, § 10; Amend Coun. J. 4-27-22, p. 46382, § 11; Amend Coun. J. 11-15-23, p. 5888, § 14)
(a) No employer, employee, agent of an employer, employment agency, or labor organization shall engage in sexual harassment. An employer shall be liable for sexual harassment by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
(b) Every employer shall have a written policy document prohibiting sexual harassment.
(1) The written policy document shall include at least the following:
(A) A statement that sexual harassment is illegal in Chicago.
(B) The definition of sexual harassment as defined in Section 6-10-020.
(C) A requirement that all employees participate in:
(i) sexual harassment prevention training annually.
(a) Employees shall partici-pate in a minimum of one hour of sexual harassment prevention training annually.
(b) Anyone who supervises or manages employees shall participate in a minimum of two hours of sexual harassment prevention training annually.
(ii) one hour of bystander training annually.
(D) Examples of prohibited conduct that constitute sexual harassment.
(E) Details on:
(i) how an individual can report an allegation of sexual harassment, including, as appropriate, instructions on how to make a confidential report, with an internal complaint form, to a manager, employer's corporate headquarters or human resources department, or other internal reporting mechanism; and
(ii) legal services, including governmental, available to employees who may be victims of sexual harassment.
(F) A statement that retaliation for reporting sexual harassment is illegal in Chicago.
(2) The written policy document shall be provided in an employee's primary language within the first calendar week of that employee's employment.
(c) Every employer shall require its employees to participate in the trainings and time requirements required by Section 6-10-040(b)(1)(C). For the annual required sexual harassment prevention training, an employer may use the model sexual harassment prevention training program prepared by the State of Illinois required under 775 ILCS 5/2-109, or may establish its own sexual harassment prevention training program that equals or exceeds the minimum standards set in 775 ILCS 5/2-109(B).
(d) Every employer shall conspicuously display in at least one location where employees commonly gather posters designed by the Commission about the prohibitions on sexual harassment. The employer shall display at least one poster in English and one poster in Spanish.
(e) Each employer shall maintain for at least five years, or for the duration of any claim, civil action, or investigation pending pursuant to this section, whichever is longer, a record of the employer's written policy document prohibiting sexual harassment and trainings given to each employee, and records necessary to demonstrate compliance with this chapter. Failure to maintain these records shall create a presumption, rebuttable by clear and convincing evidence, that the Employer violated this Section 6-10-040.
(f) Any person who violates subsections (b), (c), or (d) of this section shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Every day that a violation shall continue shall constitute a separate and distinct offense.
(Prior code § 199-4; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 4-27-22, p. 46382, § 11)
No employer shall refuse to make all reasonable efforts to accommodate the religious beliefs, observances and practices of employees or prospective employees unless the 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.
Reasonable efforts to accommodate include, but are not limited to allowing an employee: (i) to take a day of paid leave or vacation, where applicable under the employee's employment agreement; or (ii) to be excused from work without pay and without discipline or other penalty; or (iii) to elect to take the day off with pay in order to practice the employee's religious beliefs, and to make up the lost work time at a time and date consistent with the operational need of the employer's business. Any employee who elects such deferred work shall be compensated at the employee's regular rate of pay, regardless of the time and date at which the work is made up. The employer may require that any employee who plans to exercise option (iii) of this subsection provide the employer with notice of the employee's intention to do so, no less than five days prior to the date of absence.
(Prior code § 199-5; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 4-27-22, p. 46382, § 11)
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