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91_HB1938ham002
LRB9105184WHdvam01
1 AMENDMENT TO HOUSE BILL 1938
2 AMENDMENT NO. . Amend House Bill 1938 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Human Rights Act by
5 changing Sections 1-102, 1-103, 3-101, 3-102, 3-103, and
6 3-106."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Illinois Human Rights Act is amended by
10 changing Sections 1-102, 1-103, 3-101, 3-102, 3-103, and
11 3-106 as follows:
12 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
13 Sec. 1-102. Declaration of Policy. It is the public
14 policy of this State:
15 (A) Freedom from Unlawful Discrimination. To secure for
16 all individuals within Illinois the freedom from
17 discrimination against any individual because of his or her
18 race, color, religion, sex, national origin, ancestry, age,
19 marital status, physical or mental handicap, military status,
20 or unfavorable discharge from military service in connection
21 with employment, real estate transactions, access to
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1 financial credit, and the availability of public
2 accommodations.
3 (B) Freedom from Sexual Harassment-Employment and Higher
4 Education. To prevent sexual harassment in employment and
5 sexual harassment in higher education.
6 (C) Freedom from Discrimination Based on Citizenship
7 Status-Employment. To prevent discrimination based on
8 citizenship status in employment.
9 (C-5) Freedom from Discrimination Based on Receipt of
10 Public Benefits-Real Estate Transactions. To prevent
11 discrimination based on receipt of public benefits in real
12 estate transactions.
13 (D) Freedom from Discrimination Based on Familial
14 Status-Real Estate Transactions. To prevent discrimination
15 based on familial status in real estate transactions.
16 (E) Public Health, Welfare and Safety. To promote the
17 public health, welfare and safety by protecting the interest
18 of all people in Illinois in maintaining personal dignity, in
19 realizing their full productive capacities, and in furthering
20 their interests, rights and privileges as citizens of this
21 State.
22 (F) Implementation of Constitutional Guarantees. To
23 secure and guarantee the rights established by Sections 17,
24 18 and 19 of Article I of the Illinois Constitution of 1970.
25 (G) Equal Opportunity, Affirmative Action. To establish
26 Equal Opportunity and Affirmative Action as the policies of
27 this State in all of its decisions, programs and activities,
28 and to assure that all State departments, boards, commissions
29 and instrumentalities rigorously take affirmative action to
30 provide equality of opportunity and eliminate the effects of
31 past discrimination in the internal affairs of State
32 government and in their relations with the public.
33 (H) Unfounded Charges. To protect citizens of this State
34 against unfounded charges of unlawful discrimination, sexual
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1 harassment in employment and sexual harassment in higher
2 education, and discrimination based on citizenship status in
3 employment.
4 (Source: P.A. 87-579; 88-178.)
5 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
6 Sec. 1-103. General Definitions. When used in this Act,
7 unless the context requires otherwise, the term:
8 (A) Age. "Age" means the chronological age of a person
9 who is at least 40 years old, except with regard to any
10 practice described in Section 2-102, insofar as that practice
11 concerns training or apprenticeship programs. In the case of
12 training or apprenticeship programs, for the purposes of
13 Section 2-102, "age" means the chronological age of a person
14 who is 18 but not yet 40 years old.
15 (B) Aggrieved Party. "Aggrieved party" means a person
16 who is alleged or proved to have been injured by a civil
17 rights violation or believes he or she will be injured by a
18 civil rights violation under Article 3 that is about to
19 occur.
20 (C) Charge. "Charge" means an allegation filed with the
21 Department by an aggrieved party or initiated by the
22 Department under its authority.
23 (D) Civil Rights Violation. "Civil rights violation"
24 includes and shall be limited to only those specific acts set
25 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
26 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
27 Act.
28 (E) Commission. "Commission" means the Human Rights
29 Commission created by this Act.
30 (F) Complaint. "Complaint" means the formal pleading
31 filed by the Department with the Commission following an
32 investigation and finding of substantial evidence of a civil
33 rights violation.
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1 (G) Complainant. "Complainant" means a person including
2 the Department who files a charge of civil rights violation
3 with the Department or the Commission.
4 (H) Department. "Department" means the Department of
5 Human Rights created by this Act.
6 (I) Handicap. "Handicap" means a determinable physical
7 or mental characteristic of a person, including, but not
8 limited to, a determinable physical characteristic which
9 necessitates the person's use of a guide, hearing or support
10 dog, the history of such characteristic, or the perception of
11 such characteristic by the person complained against, which
12 may result from disease, injury, congenital condition of
13 birth or functional disorder and which characteristic:
14 (1) For purposes of Article 2 is unrelated to the
15 person's ability to perform the duties of a particular
16 job or position and, pursuant to Section 2-104 of this
17 Act, a person's illegal use of drugs or alcohol is not a
18 handicap;
19 (2) For purposes of Article 3, is unrelated to the
20 person's ability to acquire, rent or maintain a housing
21 accommodation;
22 (3) For purposes of Article 4, is unrelated to a
23 person's ability to repay;
24 (4) For purposes of Article 5, is unrelated to a
25 person's ability to utilize and benefit from a place of
26 public accommodation.
27 (J) Marital Status. "Marital status" means the legal
28 status of being married, single, separated, divorced or
29 widowed.
30 (J-1) Military Status. "Military status" means a
31 person's status on active duty in the armed forces of the
32 United States.
33 (K) National Origin. "National origin" means the place
34 in which a person or one of his or her ancestors was born.
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1 (L) Person. "Person" includes one or more individuals,
2 partnerships, associations or organizations, labor
3 organizations, labor unions, joint apprenticeship committees,
4 or union labor associations, corporations, the State of
5 Illinois and its instrumentalities, political subdivisions,
6 units of local government, legal representatives, trustees in
7 bankruptcy or receivers.
8 (M) Public Contract. "Public contract" includes every
9 contract to which the State, any of its political
10 subdivisions or any municipal corporation is a party.
11 (N) Religion. "Religion" includes all aspects of
12 religious observance and practice, as well as belief, except
13 that with respect to employers, for the purposes of Article
14 2, "religion" has the meaning ascribed to it in paragraph (F)
15 of Section 2-101.
16 (O) Sex. "Sex" means the status of being male or female.
17 (P) Unfavorable Military Discharge. "Unfavorable
18 military discharge" includes discharges from the Armed Forces
19 of the United States, their Reserve components or any
20 National Guard or Naval Militia that which are other than
21 honorable classified as RE-3 or the equivalent thereof, but
22 does not include those characterized as RE-4 or
23 "Dishonorable".
24 (Q) Unlawful Discrimination. "Unlawful discrimination"
25 means discrimination against a person because of his or her
26 race, color, religion, national origin, ancestry, age, sex,
27 marital status, handicap, military status, or unfavorable
28 discharge from military service as those terms are defined in
29 this Section.
30 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
31 (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
32 Sec. 3-101. Definitions. The following definitions are
33 applicable strictly in the context of this Article:
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1 (A) Real Property. "Real property" includes buildings,
2 structures, real estate, lands, tenements, leaseholds,
3 interests in real estate cooperatives, condominiums, and
4 hereditaments, corporeal and incorporeal, or any interest
5 therein.
6 (B) Real Estate Transaction. "Real estate transaction"
7 includes the sale, exchange, rental or lease of real
8 property. "Real estate transaction" also includes the
9 brokering or appraising of residential real property and the
10 making or purchasing of loans or providing other financial
11 assistance:
12 (1) for purchasing, constructing, improving, repairing
13 or maintaining a dwelling; or
14 (2) secured by residential real estate.
15 (C) Housing Accommodations. "Housing accommodation"
16 includes any improved or unimproved real property, or part
17 thereof, which is used or occupied, or is intended, arranged
18 or designed to be used or occupied, as the home or residence
19 of one or more individuals.
20 (D) Real Estate Broker or Salesman. "Real estate broker
21 or salesman" means a person, whether licensed or not, who,
22 for or with the expectation of receiving a consideration,
23 lists, sells, purchases, exchanges, rents, or leases real
24 property, or who negotiates or attempts to negotiate any of
25 these activities, or who holds himself or herself out as
26 engaged in these.
27 (E) Familial Status. "Familial status" means one or
28 more individuals (who have not attained the age of 18 years)
29 being domiciled with:
30 (1) a parent or person having legal custody of such
31 individual or individuals; or
32 (2) the designee of such parent or other person having
33 such custody, with the written permission of such parent or
34 other person.
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1 The protections afforded by this Article against
2 discrimination on the basis of familial status apply to any
3 person who is pregnant or is in the process of securing legal
4 custody of any individual who has not attained the age of 18
5 years.
6 (F) Conciliation. "Conciliation" means the attempted
7 resolution of issues raised by a charge, or by the
8 investigation of such charge, through informal negotiations
9 involving the aggrieved party, the respondent and the
10 Department.
11 (G) Conciliation Agreement. "Conciliation agreement"
12 means a written agreement setting forth the resolution of the
13 issues in conciliation.
14 (H) Covered Multifamily Dwellings. As used in Section
15 3-102.1, "covered multifamily dwellings" means:
16 (1) buildings consisting of 4 or more units if such
17 buildings have one or more elevators; and
18 (2) ground floor units in other buildings consisting of
19 4 or more units.
20 (I) Receipt of Public Benefits. "Receipt of public
21 benefits" means the receipt by a person of financial
22 assistance, subsidized housing, medical assistance, or other
23 need-based assistance from a governmental entity.
24 (Source: P.A. 86-820; 86-910; 86-1028.)
25 (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
26 Sec. 3-102. Civil Rights Violations; Real Estate
27 Transactions) It is a civil rights violation for an owner or
28 any other person engaging in a real estate transaction, or
29 for a real estate broker or salesman, because of unlawful
30 discrimination, or familial status, or receipt of public
31 benefits, to
32 (A) Transaction. Refuse to engage in a real estate
33 transaction with a person or to discriminate in making
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1 available such a transaction;
2 (B) Terms. Alter the terms, conditions or privileges of
3 a real estate transaction or in the furnishing of facilities
4 or services in connection therewith;
5 (C) Offer. Refuse to receive or to fail to transmit a
6 bona fide offer to engage in a real estate transaction from a
7 person;
8 (D) Negotiation. Refuse to negotiate for a real estate
9 transaction with a person;
10 (E) Representations. Represent to a person that real
11 property is not available for inspection, sale, rental, or
12 lease when in fact it is so available, or to fail to bring a
13 property listing to his or her attention, or to refuse to
14 permit him or her to inspect real property;
15 (F) Publication of Intent. Print, circulate, post,
16 mail, publish or cause to be so published a written or oral
17 statement, advertisement or sign, or to use a form of
18 application for a real estate transaction, or to make a
19 record or inquiry in connection with a prospective real
20 estate transaction, which expresses any limitation founded
21 upon, or indicates, directly or indirectly, an intent to
22 engage in unlawful discrimination;
23 (G) Listings. Offer, solicit, accept, use or retain a
24 listing of real property with knowledge that unlawful
25 discrimination, or discrimination on the basis of familial
26 status, or discrimination on the basis of receipt of public
27 benefits in a real estate transaction is intended.
28 (Source: P.A. 86-910.)
29 (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
30 Sec. 3-103. Blockbusting.) It is a civil rights
31 violation for any person to:
32 (A) Solicitation. Solicit for sale, lease, listing or
33 purchase any residential real estate within this State, on
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1 the grounds of loss of value due to the present or
2 prospective entry into the vicinity of the property involved
3 of any person or persons of any particular race, color,
4 religion, national origin, ancestry, age, sex, marital
5 status, familial status or handicap or the present or
6 prospective entry into the vicinity of the property involved
7 of any person or persons who receive public benefits.
8 (B) Statements. Distribute or cause to be distributed,
9 written material or statements designed to induce any owner
10 of residential real estate in this State to sell or lease his
11 or her property because of any present or prospective changes
12 in the race, color, religion, national origin, ancestry, age,
13 sex, marital status, familial status or handicap of residents
14 in the vicinity of the property involved or any present or
15 prospective changes in the number of residents receiving
16 public benefits in the vicinity of the property involved.
17 (C) Creating Alarm. Intentionally create alarm, among
18 residents of any community, by transmitting communications in
19 any manner, including a telephone call whether or not
20 conversation thereby ensues, with a design to induce any
21 owner of residential real estate in this state to sell or
22 lease his or her property because of any present or
23 prospective entry into the vicinity of the property involved
24 of any person or persons of any particular race, color,
25 religion, national origin, ancestry, age, sex, marital
26 status, familial status or handicap or any present or
27 prospective entry into the vicinity of the property involved
28 of any person or persons who receive public benefits.
29 (Source: P.A. 86-910.)
30 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
31 Sec. 3-106. Exemptions.) Nothing contained in Section
32 3-102 shall prohibit:
33 (A) Private Sales of Single Family Homes. Any sale of a
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1 single family home by its owner so long as the following
2 criteria are met:
3 (1) The owner does not own or have a beneficial
4 interest in more than three single family homes at the
5 time of the sale;
6 (2) The owner or a member of his or her family was
7 the last current resident of the home;
8 (3) The home is sold without the use in any manner
9 of the sales or rental facilities or services of any real
10 estate broker or salesman, or of any employee or agent of
11 any real estate broker or salesman;
12 (4) The home is sold without the publication,
13 posting or mailing, after notice, of any advertisement or
14 written notice in violation of paragraph (F) of Section
15 3-102.
16 (B) Apartments. Rental of a housing accommodation in a
17 building which contains housing accommodations for not more
18 than five families living independently of each other, if the
19 lessor or a member of his or her family resides in one of the
20 housing accommodations;
21 (C) Private Rooms. Rental of a room or rooms in a
22 private home by an owner if he or she or a member of his or
23 her family resides therein or, while absent for a period of
24 not more than twelve months, if he or she or a member of his
25 or her family intends to return to reside therein;
26 (D) Reasonable local, State, or Federal restrictions
27 regarding the maximum number of occupants permitted to occupy
28 a dwelling.
29 (E) Religious Organizations. A religious organization,
30 association, or society, or any nonprofit institution or
31 organization operated, supervised or controlled by or in
32 conjunction with a religious organization, association, or
33 society, from limiting the sale, rental or occupancy of a
34 dwelling which it owns or operates for other than a
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1 commercial purpose to persons of the same religion, or from
2 giving preference to such persons, unless membership in such
3 religion is restricted on account of race, color, or national
4 origin.
5 (F) Sex. Restricting the rental of rooms in a housing
6 accommodation to persons of one sex.
7 (G) Persons Convicted of Drug-Related Offenses. Conduct
8 against a person because such person has been convicted by
9 any court of competent jurisdiction of the illegal
10 manufacture or distribution of a controlled substance as
11 defined in Section 102 of the federal Controlled Substances
12 Act (21 U.S.C. 802).
13 (H) Persons engaged in the business of furnishing
14 appraisals of real property from taking into consideration
15 factors other than those based on unlawful discrimination, or
16
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