(a) Declaration of Policy. It is the public policy of this City:
(1) Freedom from harassment and unlawful discrimination. To secure for all individuals within the City the freedom from discrimination because of race, color, ancestry, national origin, religion, sex (including sexual harassment), pregnancy, age (40 and over), order of protection status, marital status, sexual orientation (including gender-related identity), military status, unfavorable military discharge, disability, arrest record, familial status, citizenship status and source of income.
(2) Public health, welfare and safety. To promote the public health, welfare and safety by protecting the interest of all people in the City in maintaining personal dignity, in realizing their full productive capacities and in furthering their interests, rights and privileges as citizens of this City.
(3) Implementation of constitutional guarantees. To secure and guarantee the rights established by Sections 17, 18 and 19 of Article I of the Illinois Constitution of 1970, as amended.
(4) Equal opportunity. To establish equal opportunity as the policy of this City in all of its decisions, programs and activities.
(5) Unfounded charges. To protect citizens of this City against unfounded charges of sexual harassment or unlawful discrimination in private employment.
(b) Definitions. As used in this section, unless the context requires otherwise:
(1) "Age," "aggrieved party," "charge," "complainant," "handicap," "labor organization," "marital status," "national origin," "person," "religion," "sex," "sexual harassment," "unfavorable military discharge" and "unlawful discrimination" shall have the same meanings given to such terms in the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), as now or hereafter amended.
(2) "Employee" is defined as set forth in this subsection:
A. "Employee" includes:
1. Any individual performing services for remuneration within this City for an employer;
2. An apprentice; or
3. An applicant for any apprenticeship.
B. "Employee" does not include:
1. Any person employed by a "public employer," as such term is defined in this section;
2. Individuals who are "employers," as such term is defined in this subsection;
3. Elected public officials or members of their immediate personal staffs;
4. Principal administrative officers of a "public employer," as such term is defined in this subsection; or
5. A person in a vocational rehabilitation facility certified under Federal law who has been designated an evaluee, trainee or work-activity client.
(3) "Employer" means:
A. Any person (other than a "public employer," as such term is defined in this subsection) employing five or more employees within the City during twenty or more calendar weeks within the calendar year of or preceding an alleged violation;
B. Any person (other than a "public employer," as such term is defined in this subsection) employing one or more employees when a complainant alleges a civil rights violation because of unlawful discrimination based on his or her physical or mental handicap unrelated to ability; or
C. A joint apprenticeship or training committee without regard to the number of employees.
D. "Employer" shall not include any "public employer," as such term is defined in this subsection, or any religious corporation, association, educational institution, society or nonprofit nursing institution conducted by and for those who rely on 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 corporation, association, educational institution, society or nonprofit nursing institution of its activities.
(4) "Employment agency" means a private employment agency and any person (other than a "public employer," as such term is defined in this subsection), 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.
(5) "Public employee" means an employee of a "public employer," as such term is defined in this subsection.
(6) "Public employer" means the United States Government, the State Government, an agency or department of either, a unit of local government, a school district or an instrumentality or political subdivision of the State.
(c) Civil Rights Violations in Private Employment. It is a civil rights violation:
(1) Private employers. For any 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 unlawful discrimination.
(2) Employment agencies. For any employment agency to fail or to 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 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 a condition of referral.
(3) Labor organizations. For any labor organization to limit, segregate or classify its membership, to limit employment opportunities, selection or 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, as an applicant for employment, as an apprentice, or as an applicant for apprenticeships, wages, tenure, hours of employment or apprenticeship conditions, on the basis of unlawful discrimination.
(4) Sexual harassment. For any employer, employee, agent of an 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.
(5) 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 for, referral for or conduct of apprenticeship or training programs.
(6) Arrest records. For any employer, employment agency or labor organization to inquire on a written application whether a job applicant has ever been arrested. This section shall not prohibit the City or school district from utilizing conviction information obtained from the Illinois Department of State Police under the provisions of subparagraph (e) of paragraph 6 of Section 55a of The Civil Administrative Code of Illinois, as amended, in evaluating the qualifications and character of an employee or a prospective employee.
(d) Exemptions. The exemptions granted under 775 ILCS 5/2-104 (the Illinois Human Rights Act), as now or hereafter amended, are hereby incorporated in this section by reference and shall apply to all proceedings under this section.
(f) Regulations. The Commission is hereby authorized to issue any and all regulations which it deems necessary in order to fulfill its duties under this section.
(g) Enforcement of Settlements. Any party to a written settlement agreement signed by all of the parties to a proceeding under this section may enforce the provisions of the settlement agreement by instituting an action in the local circuit court in the same manner as other written contracts or agreements are enforced.
(Ord. 2024-09. Passed 3-18–24.)