HB2475 96TH GENERAL ASSEMBLY

LRB096 08568 KTG 18691 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2475

Introduced 2/20/2009, by Rep. Constance A. Howard

SYNOPSIS AS INTRODUCED:

775 ILCS 5/1-103	from Ch. 68, par. 1-103
775 ILCS 5/2-103.5 new

Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for any employer, employment agency, or labor organization to refuse to hire a qualified ex-offender solely because the qualified ex-offender has previously been convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the qualified ex-offender has previously been convicted of one or more criminal offenses. Contains provisions regarding factors an employer, employment agency, or labor organization can consider when making an employment determination relating to a person with a criminal record; exceptions to the prohibited conduct; new definitions; and other matters.

A BILL FOR

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 and by adding Section 2-103.5 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.

(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.

(G-1) Criminal Offense. "Criminal offense" means a violation of a municipal ordinance, an offense as defined in Section 5-1-15 of the Unified Code of Corrections, or a substantially similar law of any other jurisdiction.

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

(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 functional disorder and which characteristic:

(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;

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

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

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

(I-1) Qualified ex-offender. "Qualified ex-offender" means a person who has been convicted of violating a municipal ordinance, an offense as defined in Section 5-1-15 of the Unified Code of Corrections, or substantially similar laws of any other jurisdiction where at least 7 years have elapsed since the completion of the person's sentence or term of supervision for his or her last conviction. "Qualified ex-offender" does not include (i) a person who is currently charged with an offense as defined in Section 5-1-15 of the Unified Code of Corrections, (ii) a person required to register under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act or (iii) a person who has been convicted of committing or attempting to commit first degree murder.

(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.

(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.

(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 race, color, religion, national origin, ancestry, age, sex, marital status, disability, military status, sexual orientation, or unfavorable discharge from military service as those terms are defined in this Section.

(Source: P.A. 94-803, eff. 5-26-06; 95-392, eff. 8-23-07; 95-668, eff. 10-10-07; 95-876, eff. 8-21-08; revised 10-28-08.)

(775 ILCS 5/2-103.5 new)

Sec. 2-103.5. Blanket restrictions based on conviction record.

(A) Violation. Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency, or labor organization to refuse to hire a qualified ex-offender solely because the qualified ex-offender has previously been convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character when the finding is based solely upon the fact that the qualified ex-offender has previously been convicted of one or more criminal offenses, unless:

(1) there is a direct relationship between one or more of the previous criminal offenses and the employment sought;

(2) the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public; or

(3) the qualified ex-offender is not bondable under a standard fidelity bond or an equivalent bond where such bondability is required by state or federal law, administrative regulation, or established business practice of the employer.

(B) Factors to be considered in making an employment determination. It is appropriate for an employer, employment agency, or labor organization to consider the following factors in making an employment decision relating to a person who has a criminal record:

(1) the public policy of this State, as expressed in this Act, to encourage the employment of persons previously convicted of one or more criminal offenses;

(2) the specific duties and responsibilities necessarily related to the employment sought;

(3) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties or responsibilities;

(4) the time which was elapsed since the occurrence of the criminal offense or offenses;

(5) the age of the person at the time of occurrence of the criminal offense or offenses;

(6) the seriousness of the offense or offenses;

(7) any information produced by the person, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct;

(8) the legitimate interest of the employer; and

(9) certification of relief from disabilities or a certificate of good conduct issued to the ex-offender.

(C) Misrepresentation or concealment of criminal background. The prohibition against the use of a conviction record contained in this Section shall not be construed to prohibit an employer, employment agency, or labor organization from terminating or denying employment to an individual who intentionally misrepresented or concealed his or her history of criminal convictions to the employer, employment agency, or labor organization where the criminal records have not been sealed or expunged by order of court.

(D) Exceptions. Nothing in this Section shall be deemed to:

(1) conflict with or affect the application of security regulations or rules in employment established by the United States, the State of Illinois, or local government; nor

(2) prohibit or prevent any financial institution, in which deposits are insured by a federal agency having jurisdiction over the financial institution, from denying employment to or discharging from employment any person who has been convicted of any criminal offense involving dishonesty or a breach of trust, unless it has the prior written consent of the federal agency having jurisdiction over the financial institution to hire or retain the person.