Section 750.5  Definitions

 

Where used in this Part, unless the context otherwise clearly requires:

 

            Act − the Illinois Human Rights Act [775 ILCS 5].

 

            Construction Contract −  any public contract as defined in this Section, for the rehabilitation, alteration, conversion, extension, landscaping, repair, maintenance or other improvements of buildings, highways or other real property.

 

            Contracting Agency − any office, department, board, agency, commission, institution or other entity of the State or any of its political subdivisions or municipal corporations who may enter into any public contract.

 

            Department − the Department of Human Rights.

 

            Director − the Director of the Department or a duly authorized designee.

 

            Eligible Bidder − the same meaning as in Section 2-101(J) of the Act.

 

            Number − an Illinois Department of Human Rights Eligibility Number provided pursuant to Section 750.210 of this Part.

 

            Person − an entity described in Section 1-103 of the Act.

 

            Public Contract − any contract, purchase order, lease or other agreement or understanding, written or otherwise, between the State of Illinois or any of its political subdivisions or municipal corporations or any agent thereof and any other person for the procurement of any thing or service of value, such as, for example, any real or personal property, equipment, merchandise, goods, materials, labor or services for or by the State or political subdivision or municipal corporation.  Public Contract further means any loan or grant by the State of Illinois or any of its political subdivisions or municipal corporations from which such a contract, purchase order, lease or other agreement or understanding may be financed in whole or in part.

 

            Public Contractor − any person who bids for or who has been awarded a public contract by a contracting agency, either through a competitive bidding procedure or otherwise.

 

            Subcontract − any agreement, arrangement or understanding, written or otherwise, between a public contractor and any person under which any portion of the public contractor's obligations under one or more public contracts is performed, undertaken or assumed.  The term "subcontract", however, shall not include any agreement, arrangement or understanding in which the parties stand in the relationship of an employer and an employee, or between a bank or other financial institution and its customers.

 

            Subcontractor − any person having a subcontract as defined in this Section.

 

(Source:  Amended at 32 Ill. Reg. 16484, effective September 23, 2008)

 

Section 750.10  Clause to be Included in All Contracts

 

Each contracting agency shall ensure that every contract to which it is a party shall contain the clause found in Appendix A.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.20  Incorporation by Operation of the Regulation

 

All contract specifications furnished by any contracting agency to bidders or contractors shall contain the Equal Employment Opportunity Clause set forth in Appendix A of this Part and such clause shall be included as a material term of any contract; however, a contracting agency having published rules and regulations which govern all its contracts and which include the Equal Employment Opportunity Clause may incorporate such clause by reference in such agency's individual contracts or contract specifications.  By operation of this Part, the Equal Employment Opportunity Clause shall be deemed to be a part of every public contract whether or not such contract is in writing and regardless of whether said clause is physically incorporated therein.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.30  Subcontracts

 

Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.40  Contracts or Subcontracts with Religious Entities

 

The requirements of the Equal Employment Opportunity Clause set forth in Appendix A hereof with respect to nondiscrimination because of religion shall not apply to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion for the carrying on by such corporation, association, educational institution or society of its activities.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.110  General

 

a)         No public contractor or subcontractor shall discriminate or permit discrimination against any applicant for employment, or in the terms or conditions of employment of any employee, or in connection with any apprenticeship or other training program, because of race, color, religion, sex, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, sexual orientation, military status or unfavorable discharge from military service.

 

b)         Each public contractor and subcontractor shall examine all its job classifications to determine if minority persons or women are underutilized in any classifications (see Section 750.120 of this Part).  If underutilization exists in any job classification, the contractor or subcontractor shall take appropriate affirmative action to rectify any underutilization.

 

c)         If a public contractor or subcontractor hires additional employees in order to perform any contract or portion of a contract, it will determine the availability (see Section 750.120 of this Part) of minorities and women in the areas from which it may reasonably recruit and will hire for each job classification in a way that minorities and women are not underutilized.

 

(Source:  Amended at 35 Ill. Reg. 3695, effective February 18, 2011)

 

Section 750.120  Identification of Underutilization

 

a)         Underutilization of minorities means having fewer minority workers in a particular job classification than would reasonably be expected by their availability.  The availability of minority workers for any job classification shall be determined by the minority population percentages of the area(s) from which the public contractor or subcontractor may reasonably recruit and the unemployment rates of minorities as compared to unemployment rates of nonminorities in such area(s).  In addition, the contractor or subcontractor shall consider in such recruitment area(s):

 

1)         The size of the minority unemployment force;

 

2)         The numbers of minorities having requisite skills;

 

3)         The promotable and transferable minorities within the contractor's or subcontractor's organization;

 

4)         The existence of training institutions capable of training persons in the requisite skills; and

 

5)         The degree of training which the contractor or subcontractor is reasonably able to undertake as a means of making all job classifications available to minorities.

 

b)         Underutilization of women means having fewer female workers in a particular job classification than would reasonably be expected by their availability.  The availability of female workers for any job classification shall be determined by the numbers of women generally seeking employment in any such job classification and the unemployment rates of women as compared to unemployment rates of men in the area(s) from which the public contractor or subcontractor may reasonably recruit.  In addition, the contractor or subcontractor shall consider in such recruitment area(s):

 

1)         The size of the female unemployment force;

 

2)         The numbers of women having requisite skills;

 

3)         The promotable and transferable women within the contractor's or subcontractor's organization;

 

4)         The existence of training institutions capable of training persons in the requisite skills; and

 

5)         The degree of training which the contractor or subcontractor is reasonably able to undertake as  a means of making all job classifications available to women.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.130  Affirmative Action Plans

 

a)         When required pursuant to this Part, public contractors and subcontractors shall develop and implement written affirmative action plans, acceptable to the Department, to overcome underutilization of minority persons and/or women.  An acceptable affirmative action plan shall include:

 

1)         A description of the contractor's or subcontractor's workforce analysis made in accordance with Section 750.120 hereof; and

 

2)         Goals and timetables to which the contractor's or subcontractor's recruitment, hiring or promotion efforts shall be directed to correct any identified underutilization.

 

b)         In addition, an affirmative action plan may include a detailed description of positive steps taken or to be taken to overcome underutilization and to attain the established goals, such as for example:

 

1)         The manner in which the contractor or subcontractor has disseminated its equal employment policy among employees and potential sources of minority and/or female applicants;

 

2)         A thorough re-evaluation of current hiring and promotion criteria, techniques and procedures for relevant job classifications;

 

3)         The contractor's or subcontractor's establishment of and involvement in training and/or apprenticeship programs to instruct minorities and/or women in skills necessary for employment and advancement; and/or

 

4)         Utilization of minority and/or female subcontractors and commercial institutions.

 

c)         Affirmative action plans developed pursuant to another governmental program may be accepted by the Department.  Contractors or subcontractors found by the Department not to be underutilizing minorities or women according to Section 750.120 hereof shall not be required to develop an affirmative action plan.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.140  Information and Reports

 

Public contractors and subcontractors shall complete and file all appropriate reports as required under Subpart D of this Part and shall supply the Department, the appropriate contracting agency, or their staffs with such relevant information, reports, and documents and permit access to relevant books, records, facilities, operations and personnel, as may be required in order to determine compliance with the Act and this Part.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.150  Recruitment of Employees

 

In all solicitations or advertisements for employees placed by it or on its behalf, each public contractor and subcontractor shall state that all applicants will be afforded equal employment opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, sexual orientation, military status, order of protection status or unfavorable discharge from military service.  Public contractors and subcontractors shall also advise in writing their personnel, their employee referral sources, and any labor organizations or representatives with which they have collective bargaining or other agreements or understandings of the public contractor's or subcontractor's obligations under the Act, this Part and any affirmative action plan.  If any labor organization with which a public contractor or subcontractor has an exclusive hiring or referral arrangement fails or refuses to refer minority or female applicants to the public contractor or subcontractor in numbers sufficient for it to meet its obligations under this Part and any affirmative action plan, the public contractor or subcontractor shall solicit and employ minority or female applicants from other sources.  It shall be no excuse that the labor organization with which the public contractor or subcontractor has such an agreement failed to refer sufficient minority or female employees.

 

(Source:  Amended at 37 Ill. Reg. 5706, effective July 1, 2013)

 

Section 750.160  Segregated Facilities

 

Each public contractor and subcontractor shall provide facilities for employees at its place of business without segregation except where separate facilities for a person of the opposite sex are required.  Each contractor and subcontractor shall further ensure, to the greatest extent possible, that employees are not assigned to work at any location where facilities are so segregated.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.170  Subcontracts

 

No public contractor shall, during the performance of any contract, enter into a subcontract with any person which has been debarred by the Commission from participating in public contracts or subcontracts.  In the same manner as with other provisions of its contract, every contractor shall be liable for compliance with the applicable provisions of the Equal Employment Opportunity Clause by its subcontractors; and further, it shall promptly notify the Department and the appropriate contracting agency if any subcontractor fails or refuses to comply therewith.

 

(Source:  Amended at 5 Ill. Reg. 1627, effective February 9, 1981)

 

Section 750.210  Eligibility for Public Contracts

 

a)         DHR Registration Requirement

 

1)         Duty to Register.  Persons seeking to establish eligibility status to be awarded a contract by a State agency must register with the Department. The requirements of this Section shall apply to all persons employing 15 or more individuals at any time during the 365 day period immediately preceding the date of filing.  No such employer shall be eligible to be awarded a contract by a State agency, as defined in the Illinois Procurement Code [30 ILCS 500/1-15.100], unless that employer has registered with the Department and holds a valid Illinois Department of Human Rights Eligibility Number.  This registration with the Department must take place prior to bid opening, if a bidding or competitive selection procedure is required under the Illinois Procurement Code or, in all other cases, contract award. 

 

2)         How to Register.  Persons may register by filing a properly completed DHR Employer Report Form (Form PC-1) with the Department and paying the registration fee, or by completing the on-line filing process available through the Department's website at www.Illinois.gov/dhr.  Persons covered under this Section may obtain a DHR Employer Report Forms by writing to the Public Contracts Unit, Department of Human Rights, 100 W. Randolph Street, Suite 10-100, Chicago IL 60601, by accessing the Department's website at www.Illinois.gov/dhr, or by TTY at (866)740-3953.  A DHR Employer Report Form shall be deemed filed when it is received in the Department's Chicago office, properly completed and signed, and the Department receives the $75 registration fee or when the applicant completes the Department's on-line filing process.

 

3)         Registration Fee.  A DHR Employer Report Form, whether it is a renewal or an initial filing, will not be deemed filed unless it is accompanied by a registration fee of $75.  Persons registering by submitting a DHR Employer Report Form must submit payment with their DHR Employer Report Form, in the form of a certified check, money order or cashier's check payable to "Department of Human Rights", to the Department of Human Rights, ATTN:  Fiscal Unit, 100 West Randolph Street, Suite 10-100, Chicago, Illinois 60601.  Persons registering electronically through the Department's on-line filing process must make payment by Visa, MasterCard, Discover or American Express.  Each DHR Employer Report Form containing a separate Federal Employer Identification Number (FEIN) shall be accompanied by a separate $75 fee.  The Number or FEIN of the covered person filing the DHR Employer Report Form shall appear on the certified check, money order or cashier's check.  The $75 fee is non-refundable. 

 

b)         Each person who registers pursuant to subsection (a) shall be issued a Number as evidence of its eligibility to bid on, or be awarded, public contracts.  Each Number shall expire five years from the date of issue, without further notice to the employer.  At any time prior to the expiration date, the Department may suspend or revoke the Number in accordance with the Act or this Part.  The Number shall also expire upon dissolution, sale or merger of the public contractor or eligible bidder.  Each person who has an expired Number and who files a completed form pursuant to subsection (a) will receive the same Number that the Department previously issued only if the form is filed within 365 days after expiration of the Number.

 

c)         If the Department finds that a public contractor or eligible bidder is underutilizing minorities and/or women in any job classification, as defined in Section 750.120, it shall require the submission of an acceptable affirmative action plan.

 

1)         After submitting an acceptable plan, the contractor or eligible bidder shall file such reports as the Department may require to document the contractor's progress under the plan.  The Department may require that these reports contain information that includes, but is not limited to, the contractor's or eligible bidder's:

 

A)        identification of underutilization (as required in Section 750.120);

 

B)        hiring and promotional goals and timetables;

 

C)        personnel policies and procedures;

 

D)        personnel outreach and recruitment efforts;

 

E)        personnel transactions (including hires, promotions, discharges, layoffs and disciplinary actions);

 

F)         employee compensation and benefits;

 

G)        sexual harassment prevention policies and procedures;

 

H)        allegations of unlawful discrimination (as defined in Section 750.110(a)); and

 

I)         compliance with any specific commitments made by the contractor or eligible bidder in its plan.

 

2)         The Department may require a contractor or eligible bidder to file these reports until such time as the underutilization has been eliminated, but no more than quarterly.

 

d)         A public contractor or eligible bidder may voluntarily relinquish its Number by so notifying the Department in writing addressed to the Department's Chicago office.  Each public contractor or eligible bidder must notify the Department in writing of any change of address or other information necessary for the Department to readily contact it.

 

e)         A public contractor or eligible bidder that cannot be located by the Department, does not respond to a written inquiry sent to its last known address, or does not respond to a notice published in the Illinois Procurement Bulletin (see 30 ILCS 500/15-1) and/or in other publications of general circulation may be deemed to have relinquished its Number.

 

f)         A written request of a contracting agency for an exemption shall state the specific reasons for the exemption. The Department may exempt any person from the requirements of subsection (a) when it deems that exceptional circumstances and the public interest so require.  An exemption shall be granted for a specified purpose and duration but may be withdrawn by the Department at any time; provided, however, that the withdrawal shall not apply to contracts awarded prior to the withdrawal.

 

g)         The requirements of subsection (a) shall not apply to:

 

1)         State agencies, boards and commissions required to file affirmative action plans with the Department pursuant to 56 Ill. Adm. Code 2520.710;

 

2)         persons located wholly outside the territorial boundaries of the United States and who have no employees in the United States and will not hire employees in the United States to perform any part of any public contract;

 

3)         procurements designated as small purchases pursuant to 30 ILCS 500/20-20;

 

4)         procurements designated as sole-source pursuant to 30 ILCS 500/20-25; and

 

5)         procurements designated as emergency pursuant to 30 ILCS 500/20-30.

 

(Source:  Amended at 37 Ill. Reg. 5706, effective July 1, 2013)

 

Section 750.220  Construction Employee Utilization Projection

 

a)         All bidders on construction contracts subject to the requirements of the Illinois Purchasing Act (Ill. Rev. Stat. ch. 127, pars. 132.1 et seq., as hereafter amended) shall complete and submit along with and as part of their bids, a Bidder's Employee Utilization Form – Construction (Form PC-2) setting forth a projection and breakdown of the total workforce intended to be hired and/or allocated to such contract work by the bidder including a projection of minority and female employee utilization in all job classifications on the contract project.  A contracting agency may, however, with the approval of the Department, modify the Form PC-2 for use with some or all of its contracts without impairing compliance with this Section.

 

b)         The contracting agency letting such a contract shall review the Employee Utilization Form, and workforce projections contained therein, of the contract awardee to determine if such projections reflect an underutilization of minority persons and/or women in any job classification in accordance with the Equal Employment Opportunity Clause and Section 750.120 of this Part.  If it is determined that the contract awardee's projections reflect an underutilization of minority persons and/or women in any job classification, the agency shall confer and negotiate with the awardee to obtain satisfactory projections as a prerequisite to commencement of the contract work.  The awardee may be required to develop an acceptable written affirmative action plan to correct such underutilization including a specific timetable geared to the completion stages of the contract.

 

c)         The contracting agency shall provide to the Department a copy of the contract awardee's Employee Utilization Form, including any revisions as may be negotiated by the agency and a copy of any required written affirmative action plan.  The Department may review and revise any action taken by the contracting agency with respect to the requirements of this Section; provided that the Department may from time to time enter into agreements with individual contracting agencies whose compliance programs meet with its approval whereby utilization projections accepted by such agencies shall be accorded substantial weight by the Department.  A contractor's utilization projections approved under this Section shall constitute goals which the contractor shall make all good faith efforts to achieve, but such goals may be subject to later revision among the parties to reflect fluctuations in the available minority and female labor forces.

 

d)         Upon the written request of a contracting agency, which request shall state the reasons therefor, the Department may exempt any person from the requirements of subsection (a) of this Section when it deems that exceptional circumstances and the public interest so require.  Such exemption shall be granted for a specified purpose and duration but may be withdrawn by the Department at any time; provided however, that such withdrawal of exemption shall not apply to contracts awarded prior to the withdrawal.

 

Section 750.230  Compliance Review; Enforcement

 

Representatives of the Department and/or the contracting agency may periodically request information from and/or visit any facilities or operations of a public contractor or subcontractor to determine compliance with the Act and this Part.  In addition the Department may order any contracting agency to conduct a compliance review of any person engaged as a contractor or subcontractor on a project supervised by such agency.  The Department may from time to time enter into agreements with individual contracting agencies whose compliance programs meet with its approval whereby the findings and conclusions of compliance reviews conducted by such agencies shall be accorded substantial weight by the Department.  If the Department believes that a public contractor, subcontractor or eligible bidder has committed or is committing a civil rights violation, the Director may initiate a charge alleging such violation pursuant to Section 7-102(A) of the Act and seek such sanctions as are authorized under Sections 8-108 and 8-109 of the Act.

 

Section 750.APPENDIX A   Equal Employment Opportunity Clause

 

EQUAL EMPLOYMENT OPPORTUNITY

 

In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation.  During the performance of this contract, the contractor agrees as follows:

 

1)         That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability,  military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization.

 

2)         That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized.

 

3)         That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability,  military status or an unfavorable discharge from military service.

 

4)         That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and this Part.  If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract.

 

5)         That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this Part.

 

6)         That he or she will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations.

 

7)         That he or she will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor.  In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions.  In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

 

(Source:  Amended at 35 Ill. Reg. 3695, effective February 18, 2011)