Public Act 102-0419
 
HB1838 EnrolledLRB102 11863 LNS 17199 b


  
    AN ACT concerning human rights.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Human Rights Act is amended  by 
changing Section 1-103 as follows:
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General definitions.  When used in this Act, 
unless the
context requires otherwise, the term:


    (A) Age.  "Age" means the chronological age of a person who 
is at least
40 years old, except with regard to any practice 
described in Section
2-102, insofar as that practice concerns 
training or apprenticeship
programs. In the case of training 
or apprenticeship programs, for the
purposes of Section 2-102, 
"age" means the chronological age of a person
who is 18 but not 
yet 40 years old.


    (B) Aggrieved party. "Aggrieved party" means a person who 
is alleged
or proved to have been injured by a civil rights 
violation or believes he
or she will be injured by a civil 
rights violation under Article 3 that is
about to occur.


    (B-5) Arrest record. "Arrest record" means:
        (1) an arrest not leading to a conviction;
        (2) a juvenile record; or
        (3) criminal history record information ordered 
    expunged, sealed, or impounded under Section 5.2 of the 
    Criminal Identification Act. 
    (C) Charge. "Charge" means an allegation filed with the 
Department
by an aggrieved party or initiated by the 
Department under its
authority.


    (D) Civil rights violation. "Civil rights violation" 
includes and
shall be limited to only those specific acts set 
forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, 
6-101, and 6-102 of this Act.


    (E) Commission. "Commission" means the Human Rights 
Commission
created by this Act.


    (F) Complaint. "Complaint" means the formal pleading filed 
by
the Department with the Commission following an 
investigation and
finding of substantial evidence of a civil 
rights violation.


    (G) Complainant. "Complainant" means a person including 
the
Department who files a charge of civil rights violation 
with the Department or
the Commission.


    (H) Department. "Department" means the Department of Human 
Rights
created by this Act.


    (I) Disability. 
    (1) "Disability" means a determinable physical or mental

characteristic of a person, including, but not limited to, a 
determinable
physical characteristic which necessitates the 
person's use of a guide,
hearing or support dog, the history of 
such characteristic, or the
perception of such characteristic 
by the person complained against, which
may result from 
disease, injury, congenital condition of birth or
functional 
disorder and which characteristic:


        (a) (1) For purposes of Article 2, is unrelated to the 
    person's ability
to perform the duties of a particular job 
    or position and, pursuant to
Section 2-104 of this Act, a 
    person's illegal use of drugs or alcohol is not a

    disability;


        (b) (2) For purposes of Article 3, is unrelated to the 
    person's ability
to acquire, rent, or maintain a housing 
    accommodation;


        (c) (3) For purposes of Article 4, is unrelated to a 
    person's ability to
repay;


        (d) (4) For purposes of Article 5, is unrelated to a 
    person's ability to
utilize and benefit from a place of 
    public accommodation;


        (e) (5) For purposes of Article 5, also includes any 
    mental, psychological, or developmental disability, 
    including autism spectrum disorders. 
    (2) Discrimination based on disability includes unlawful 
discrimination against an individual because of the 
individual's association with a person with a disability. 
    (J) Marital status. "Marital status" means the legal 
status of being
married, single, separated, divorced, or 
widowed.


    (J-1) Military status.  "Military status" means a person's 
status on
active duty in or status as a veteran of the armed 
forces of the United States, status as a current member or 
veteran of any
reserve component of the armed forces of the 
United States, including the United
States Army Reserve, 
United States Marine Corps Reserve, United States Navy

Reserve, United States Air Force Reserve, and United States 
Coast Guard
Reserve, or status as a current member or veteran 
of the Illinois Army National Guard or Illinois Air National

Guard.


    (K) National origin. "National origin" means the place in 
which a
person or one of his or her ancestors was born.


    (K-5) "Order of protection status" means a person's status 
as being a person protected  under an order of protection 
issued pursuant to the Illinois Domestic Violence Act of 1986, 
Article 112A of the Code of Criminal Procedure of 1963, the 
Stalking No Contact Order Act, or the Civil No Contact Order 
Act, or an order of protection issued by a court of another 
state. 
    (L) Person. "Person" includes one or more individuals, 
partnerships,
associations or organizations, labor 
organizations, labor unions, joint
apprenticeship committees, 
or union labor associations, corporations, the
State of 
Illinois and its instrumentalities, political subdivisions, 
units
of local government, legal representatives, trustees in 
bankruptcy
or receivers.


    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, 
or medical or common conditions related to pregnancy or 
childbirth. 
    (M) Public contract. "Public contract" includes every 
contract to which the
State, any of its political 
subdivisions, or any municipal corporation is a
party.


    (N) Religion. "Religion" includes all aspects of religious 
observance
and practice, as well as belief, except that with 
respect to employers, for
the purposes of Article 2, 
"religion" has the meaning ascribed to it in
paragraph (F) of 
Section 2-101.


    (O) Sex. "Sex" means the status of being male or female.


    (O-1) Sexual orientation.  "Sexual orientation" means 
actual or
perceived heterosexuality, homosexuality, 
bisexuality, or gender-related identity,
whether or not 
traditionally associated with the person's designated sex at

birth. "Sexual orientation" does not include a physical or 
sexual attraction to a minor by an adult.

    (P) Unfavorable military discharge. "Unfavorable military 
discharge"
includes discharges from the Armed Forces of the 
United States, their
Reserve components, or any National Guard 
or Naval Militia which are
classified as RE-3 or the 
equivalent thereof, but does not include those
characterized 
as RE-4 or "Dishonorable".


    (Q) Unlawful discrimination. "Unlawful discrimination" 
means discrimination
against a person because of his or her 
actual or perceived:  race, color, religion, national origin,

ancestry, age, sex, marital status, order of protection 
status, disability, military status, sexual
orientation, 
pregnancy,
or unfavorable
discharge from military service as 
those terms are defined in this Section.


(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; 
101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)