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Public Act 096-0447
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| HB0721 Enrolled |
LRB096 08293 KTG 18401 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by |
changing Sections 1-102 and 1-103 as follows:
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(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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Sec. 1-102. Declaration of Policy. It is the public policy |
of this State:
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(A) Freedom from Unlawful Discrimination. To secure for all |
individuals
within Illinois the freedom from discrimination |
against any individual because
of his or her race, color, |
religion, sex, national origin, ancestry, age, order of |
protection status,
marital status, physical or mental |
disability, military
status, sexual orientation, or |
unfavorable
discharge from military service in connection with |
employment, real estate
transactions, access to financial |
credit, and the availability of public
accommodations.
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(B) Freedom from Sexual Harassment-Employment and Higher |
Education.
To prevent sexual harassment in employment and |
sexual harassment in
higher education.
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(C) Freedom from Discrimination Based on Citizenship |
Status-Employment.
To prevent discrimination based on |
citizenship status in employment.
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(D) Freedom from Discrimination Based on Familial |
Status-Real Estate
Transactions. To prevent discrimination |
based on familial status in real
estate transactions.
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(E) Public Health, Welfare and Safety. To promote the |
public health,
welfare and safety by protecting the interest of |
all people in Illinois
in maintaining personal dignity, in |
realizing their full productive
capacities, and in furthering |
their interests, rights and privileges as
citizens of this |
State.
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(F) Implementation of Constitutional Guarantees. To secure |
and
guarantee the rights established by Sections 17, 18 and 19 |
of Article I
of the Illinois Constitution of 1970.
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(G) Equal Opportunity, Affirmative Action. To establish |
Equal
Opportunity and Affirmative Action as the policies of |
this State in all
of its decisions, programs and activities, |
and to assure that all State
departments, boards, commissions |
and instrumentalities rigorously take
affirmative action to |
provide equality of opportunity and eliminate the
effects of |
past discrimination in the internal affairs of State
government |
and in their relations with the public.
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(H) Unfounded Charges. To protect citizens of this State |
against
unfounded charges of unlawful discrimination, sexual |
harassment in
employment and sexual harassment in higher |
education, and discrimination
based on citizenship status in |
employment.
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(Source: P.A. 95-668, eff. 10-10-07.)
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(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:
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(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.
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(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.
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(C) Charge. "Charge" means an allegation filed with the |
Department
by an aggrieved party or initiated by the Department |
under its
authority.
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(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.
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(E) Commission. "Commission" means the Human Rights |
Commission
created by this Act.
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(F) Complaint. "Complaint" means the formal pleading filed |
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by
the Department with the Commission following an |
investigation and
finding of substantial evidence of a civil |
rights violation.
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(G) Complainant. "Complainant" means a person including |
the
Department who files a charge of civil rights violation |
with the Department or
the Commission.
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(H) Department. "Department" means the Department of Human |
Rights
created by this Act.
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(I) Disability. "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
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functional disorder and which characteristic:
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(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
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disability;
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(2) For purposes of Article 3, is unrelated to the |
person's ability
to acquire, rent or maintain a housing |
accommodation;
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(3) For purposes of Article 4, is unrelated to a |
person's ability to
repay;
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(4) For purposes of Article 5, is unrelated to a |
person's ability to
utilize and benefit from a place of |
public accommodation.
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(J) Marital Status. "Marital status" means the legal status |
of being
married, single, separated, divorced or widowed.
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(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
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Reserve, or status as a current member or veteran of the |
Illinois Army National Guard or Illinois Air National
Guard.
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(K) National Origin. "National origin" means the place in |
which a
person or one of his or her ancestors was born.
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(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 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 |
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bankruptcy
or receivers.
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(M) Public Contract. "Public contract" includes every |
contract to which the
State, any of its political subdivisions |
or any municipal corporation is a
party.
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(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.
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(O) Sex. "Sex" means the status of being male or female.
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(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
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birth. "Sexual orientation" does not include a physical or |
sexual attraction to a minor by an adult.
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(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".
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(Q) Unlawful Discrimination. "Unlawful discrimination" |
means discrimination
against a person because of his or her |
race, color, religion, national origin,
ancestry, age, sex, |
marital status, order of protection status, disability, |