Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that requires state agencies take action to combat discrimination against employees in a protected class.

Highlights:

• Defines "department" as the Department of Commerce and Economic Opportunity (Sec. 3).

• Defines "positive action" as measures, including, but not limited to, measures as provided under this Act, that are taken regarding people from underrepresented groups or people having a protected characteristic to aid them in overcoming discrimination and disadvantages in competing with or concerning persons not of the disadvantaged group (Sec. 5).

• Requires each state agency and employer to take positive action within each respective entity when it reasonably believes such action is necessary to rectify discrimination or a disadvantage towards persons having a protected characteristic based upon the following circumstances (Sec. 10.a).

• Requires each State agency to perform an internal examination for the existence of eugenics-inspired policies or administrative rules, policies, and procedures that otherwise have or may have a discriminatory impact creating disparities between classes of persons, and issue an annual report to the Governor and the General Assembly (Sec. 20.a).

• Establishes the department has the following powers and duties (Sec. 4.01):

• To evaluate all programs, services, and facilities for the aged and minority senior citizens within the State and determine the extent to which present public or private programs, services, and facilities meet the needs of the aged;

• To coordinate and evaluate all programs, services, and facilities for the Aging and minority senior citizens presently furnished by State agencies and make appropriate recommendations regarding such services, programs and facilities to the Governor and/or the General Assembly.

• Specifies nothing in this act will be deemed to prohibit or restrict agencies from establishing or maintaining positive action contracting goals for minorities or women, or small businesses set aside programs, now or hereafter established by law, rules and regulations, or executive order (Sec 80).

• Authorizes a forest preserve district to create procedures to comply with State and federal regulations concerning positive action and the use of small businesses or businesses owned by minorities or women in construction and procurement contracts (Sec. 14).

• Authorizes the sanitary district to create procedures it deems appropriate to comply with state or federal regulations as to positive action and the utilization of small and minority businesses in construction and procurement contracts (Sec. 205).

• Requires positive action programs to include provisions related to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training, and rates of pay or other forms of compensation (Sec. 3B.05).

• Requires each public institution of higher education to report annually to the Department of Human Rights and the Attorney General on each adjudicated case in which a finding of racial, ethnic, or religious intimidation or sexual harassment is made in a grievance, positive action (Sec. 230-2).

• Requires each licensee that receives a license to execute and file a report with the Board no later than December 31 of each year that to contain, but is not limited to, the following information (Sec. 7.11.a):

• A good faith positive action affirmative action plan to recruit, train, and upgrade minority persons, women, and persons with a disability in all employment classifications;

• The total dollar amount of contracts that were awarded to businesses owned by minority persons, women, and persons with a disability;

• The total number of businesses owned by minority persons, women, and persons with a disability that were utilized by the licensee;

• The utilization of businesses owned by minority persons, women, and persons with disabilities during the preceding year; and

• The outreach efforts used by the licensee to attract investors and businesses consisting of minority persons, women, and persons with a disability.

• Alleges it is the policy of the state to assure that all State departments, boards, commissions, and instrumentalities rigorously take positive action to provide equality of opportunity and eliminate the effects of past discrimination in the internal affairs of State government and their relations with the public (Sec. 1-102.G).

Full Bill Text