HB0015 101ST GENERAL ASSEMBLY

  
  
 

 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0015
 
Introduced 1/9/2019, by Rep. Mary E. Flowers
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/49-7 new

     Amends the Criminal Code of 2012.  Creates the offense of violation of civil rights.  Provides that a person commits violation of civil rights when he or she knowingly: (1) denies to another the full and equal enjoyment of
the facilities and services of  a    place  of
public accommodation because of unlawful discrimination;  (2)  as  the  operator  of   a   place   of
public accommodation,   directly   or   indirectly,
publishes,   circulates,   displays,  mails, or emails  a  written
or electronic communication,  except  a  private  communication   sent   in
response  to  a  specific  inquiry,  which he or she knows is to the
effect that a facility  of  the  place  of
public accommodation  will  be  denied  to a person
because of  unlawful discrimination or that the patronage of a person
is unwelcome, objectionable, or unacceptable for the purpose of unlawful discrimination; (3)  as  a public   official,  refuses  to  employ,  or
discriminates in the  employment  of  another  for  a  public contract or public works project   because of   unlawful discrimination; or (4)  as a public  official,  denies  or  refuses  to  a
person  the  full  and equal enjoyment of the accommodations,
advantages,  facilities,  or  privileges  of  his or her   office   or
services  or  of property under his or her care because of   unlawful discrimination. Prohibits various private employment practices. Defines "unlawful discrimination".  Provides that nothing in this provision shall be construed to impose criminal liability for actions that are exempt from civil liability under the Illinois Human Rights Act.  Provides that a violation is a Class B misdemeanor.  Effective immediately.
  


LRB101 00190 RLC 45191 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB0015LRB101 00190 RLC 45191 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by adding 
5Section 49-7 as follows:
 
6    (720 ILCS 5/49-7 new)
7    Sec. 49-7. Violation of civil rights.
8    (a) As used in this Section:
9        "Age", "disability", "military status", "national 
10    origin", "order of protection status", "pregnancy", 
11    "religion", "sex",  "sexual orientation", "unfavorable 
12    military discharge", and "unlawful discrimination" have 
13    the meanings ascribed to them in Section 1-103 of the 
14    Illinois Human Rights Act. 
15        "Employer", "employee", "employment agency",  and 
16    "labor organization" have the meanings ascribed to them in 
17    Section 2-101 of the Illinois Human Rights Act. 
18        "Operator",   "place  of  public accommodation", and 
19    "public official" have the meanings ascribed to them in 
20    Section 5-101 of the Illinois Human Rights Act.
21        "Public works" has the meaning ascribed to it in 
22    Section 2 of the Prevailing Wage Act.     
23    (b)    A person commits violation of civil rights when he or 
 
 
HB0015- 2 -LRB101 00190 RLC 45191 b

1she knowingly:
2        (1) denies to another the full and equal enjoyment of

3    the facilities and services of  a    place  of
public 
4    accommodation because of unlawful discrimination;
5        (2)  as  the  operator  of   a   place   of
public accommodation,   
6    directly   or   indirectly,
publishes,   circulates,   displays,  
7    mails, or emails  a  written
or electronic communication,  
8    except  a  private  communication   sent   in
response  to  a  
9    specific  inquiry,  which he or she knows is to the
effect 
10    that a facility  of  the  place  of
public accommodation  will  
11    be  denied  to a person
because of  unlawful discrimination or 
12    that the patronage of a person
is unwelcome, objectionable, 
13    or unacceptable for the purpose of unlawful 
14    discrimination;
15        (3)  as  a public   official,  refuses  to  employ,  or

16    discriminates in the  employment  of  another  for  a  public 
17    contract or public works project   because of   unlawful 
18    discrimination;
19        (4)  as a public  official,  denies  or  refuses  to  a
person  
20    the  full  and equal enjoyment of the accommodations,

21    advantages,  facilities,  or  privileges  of  his or her   office   
22    or
services  or  of property under his or her care because of   
23    unlawful discrimination.
24        (5) for an employer, because of unlawful 
25    discrimination, to refuse to hire, to segregate,
or 
26    otherwise to discriminate against that person
with respect 
 
 
HB0015- 3 -LRB101 00190 RLC 45191 b

1    to: hire, selection, and training for apprenticeship
in a 
2    trade or craft, tenure, terms, or conditions of
employment;
3        (6) for an employment agency to fail or refuse to

4    classify properly, accept applications, and register for 
5    employment
referral or apprenticeship referral, refer for 
6    employment,
refer for apprenticeship, or otherwise to 
7    discriminate
against an individual because of unlawful 
8    discrimination, or to accept from a person a job
order, 
9    requisition, or request for referral of applicants for

10    employment or apprenticeship that makes, or has the
effect 
11    of making unlawful discrimination
a condition of referral, 
12    except for a bona fide occupational
qualification;
13        (7) for a labor organization because of unlawful 
14    discrimination of a person to
discriminate against that 
15    person, or to limit, segregate, or
classify its membership 
16    with respect to that person, or to
limit that person's 
17    employment opportunities, that person's
selection and 
18    training for apprenticeship in a trade or
craft, or 
19    otherwise to take, or fail to take, an action that
affects 
20    adversely the person's status as an employee or as
an 
21    applicant for employment or as an apprentice, or as an

22    applicant for an apprenticeship, or that person's wages, 
23    tenure,
hours of employment, or apprenticeship conditions;
24        (8) for an employer, employment agency, or labor 
25    organization
to discriminate against a person because he or

26    she, reasonably and in good faith, has opposed a practice

 
 
HB0015- 4 -LRB101 00190 RLC 45191 b

1    forbidden in this Section, or because he or she, reasonably 
2    and
in good faith, has made a charge, testified or assisted 
3    in
an investigation, proceeding, or hearing under the 
4    Illinois Human Rights Act;
5        (9) for an employer, employment agency, or labor 
6    organization
to inquire on a written application whether a

7    job applicant has ever been arrested; or
8        (10) for a person to compel or coerce another person to

9    engage in an act declared by this Section to be unlawful 
10    discrimination. 
11    (c)  Nothing in this Section prohibits a person who is 
12aggrieved by a violation of this Section to petition the 
13Department of Human Rights or for the Department of Human 
14Rights to seek remedies under the Illinois Human Rights Act on 
15behalf of a person claiming unlawful discrimination. 
16    (d)  Nothing in this Section shall be construed to impose 
17criminal liability for actions that are exempt from civil 
18liability under the Illinois Human Rights Act. 
19    (e)
Sentence.  Violation of civil rights is a Class B 
20misdemeanor. 
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.