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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Section 1-103 and by adding Section 2-103.5 as | ||||||
6 | follows: | ||||||
7 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
8 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
9 | unless the
context requires otherwise, the term:
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10 | (A) Age. "Age" means the chronological age of a person who | ||||||
11 | is at least
40 years old, except with regard to any practice | ||||||
12 | described in Section
2-102, insofar as that practice concerns | ||||||
13 | training or apprenticeship
programs. In the case of training or | ||||||
14 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
15 | "age" means the chronological age of a person
who is 18 but not | ||||||
16 | yet 40 years old.
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17 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
18 | is alleged
or proved to have been injured by a civil rights | ||||||
19 | violation or believes he
or she will be injured by a civil | ||||||
20 | rights violation under Article 3 that is
about to occur.
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21 | (C) Charge. "Charge" means an allegation filed with the | ||||||
22 | Department
by an aggrieved party or initiated by the Department | ||||||
23 | under its
authority.
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1 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
2 | includes and
shall be limited to only those specific acts set | ||||||
3 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
4 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
5 | 6-101, and 6-102 of this Act.
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6 | (E) Commission. "Commission" means the Human Rights | ||||||
7 | Commission
created by this Act.
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8 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
9 | by
the Department with the Commission following an | ||||||
10 | investigation and
finding of substantial evidence of a civil | ||||||
11 | rights violation.
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12 | (G) Complainant. "Complainant" means a person including | ||||||
13 | the
Department who files a charge of civil rights violation | ||||||
14 | with the Department or
the Commission.
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15 | (G-1) Criminal Offense. "Criminal offense" means a | ||||||
16 | violation of a municipal ordinance, an offense as defined in | ||||||
17 | Section 5-1-15 of the Unified Code of Corrections, or a | ||||||
18 | substantially similar law of any other jurisdiction. | ||||||
19 | (H) Department. "Department" means the Department of Human | ||||||
20 | Rights
created by this Act.
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21 | (I) Disability. "Disability" means a determinable physical | ||||||
22 | or mental
characteristic of a person, including, but not | ||||||
23 | limited to, a determinable
physical characteristic which | ||||||
24 | necessitates the person's use of a guide,
hearing or support | ||||||
25 | dog, the history of such characteristic, or the
perception of | ||||||
26 | such characteristic by the person complained against, which
may |
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1 | result from disease, injury, congenital condition of birth or
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2 | functional disorder and which characteristic:
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3 | (1) For purposes of Article 2 is unrelated to the | ||||||
4 | person's ability
to perform the duties of a particular job | ||||||
5 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
6 | person's illegal use of drugs or alcohol is not a
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7 | disability;
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8 | (2) For purposes of Article 3, is unrelated to the | ||||||
9 | person's ability
to acquire, rent or maintain a housing | ||||||
10 | accommodation;
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11 | (3) For purposes of Article 4, is unrelated to a | ||||||
12 | person's ability to
repay;
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13 | (4) For purposes of Article 5, is unrelated to a | ||||||
14 | person's ability to
utilize and benefit from a place of | ||||||
15 | public accommodation.
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16 | (I-1) Qualified ex-offender. "Qualified ex-offender" means | ||||||
17 | a person who has been convicted of violating a municipal | ||||||
18 | ordinance, an offense as defined in Section 5-1-15 of the | ||||||
19 | Unified Code of Corrections, or substantially similar laws of | ||||||
20 | any other jurisdiction where at least 7 years have elapsed | ||||||
21 | since the completion of the person's sentence or term of | ||||||
22 | supervision for his or her last conviction. "Qualified | ||||||
23 | ex-offender" does not include (i) a person who is currently | ||||||
24 | charged with an offense as defined in Section 5-1-15 of the | ||||||
25 | Unified Code of Corrections, (ii) a person required to register | ||||||
26 | under the Sex Offender Registration Act, the Arsonist |
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1 | Registration Act, or the Child Murderer and Violent Offender | ||||||
2 | Against Youth Registration Act or (iii) a person who has been | ||||||
3 | convicted of committing or attempting to commit first degree | ||||||
4 | murder. | ||||||
5 | (J) Marital Status. "Marital status" means the legal status | ||||||
6 | of being
married, single, separated, divorced or widowed.
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7 | (J-1) Military Status. "Military status" means a person's | ||||||
8 | status on
active duty in or status as a veteran of the armed | ||||||
9 | forces of the United States, status as a current member or | ||||||
10 | veteran of any
reserve component of the armed forces of the | ||||||
11 | United States, including the United
States Army Reserve, United | ||||||
12 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
13 | States Air Force Reserve, and United States Coast Guard
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14 | Reserve, or status as a current member or veteran of the | ||||||
15 | Illinois Army National Guard or Illinois Air National
Guard.
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16 | (K) National Origin. "National origin" means the place in | ||||||
17 | which a
person or one of his or her ancestors was born.
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18 | (L) Person. "Person" includes one or more individuals, | ||||||
19 | partnerships,
associations or organizations, labor | ||||||
20 | organizations, labor unions, joint
apprenticeship committees, | ||||||
21 | or union labor associations, corporations, the
State of | ||||||
22 | Illinois and its instrumentalities, political subdivisions, | ||||||
23 | units
of local government, legal representatives, trustees in | ||||||
24 | bankruptcy
or receivers.
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25 | (M) Public Contract. "Public contract" includes every | ||||||
26 | contract to which the
State, any of its political subdivisions |
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1 | or any municipal corporation is a
party.
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2 | (N) Religion. "Religion" includes all aspects of religious | ||||||
3 | observance
and practice, as well as belief, except that with | ||||||
4 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
5 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
6 | 2-101.
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7 | (O) Sex. "Sex" means the status of being male or female.
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8 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
9 | actual or
perceived heterosexuality, homosexuality, | ||||||
10 | bisexuality, or gender-related identity,
whether or not | ||||||
11 | traditionally associated with the person's designated sex at
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12 | birth. "Sexual orientation" does not include a physical or | ||||||
13 | sexual attraction to a minor by an adult.
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14 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
15 | discharge"
includes discharges from the Armed Forces of the | ||||||
16 | United States, their
Reserve components or any National Guard | ||||||
17 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
18 | thereof, but does not include those
characterized as RE-4 or | ||||||
19 | "Dishonorable".
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20 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
21 | means discrimination
against a person because of his or her | ||||||
22 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
23 | marital status, disability, military status, sexual
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24 | orientation,
or unfavorable
discharge from military service as | ||||||
25 | those terms are defined in this Section.
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26 | (Source: P.A. 94-803, eff. 5-26-06; 95-392, eff. 8-23-07; |
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1 | 95-668, eff. 10-10-07; 95-876, eff. 8-21-08; revised | ||||||
2 | 10-28-08.)
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3 | (775 ILCS 5/2-103.5 new) | ||||||
4 | Sec. 2-103.5. Blanket restrictions based on conviction | ||||||
5 | record. | ||||||
6 | (A) Violation. Unless otherwise authorized by law, it is a | ||||||
7 | civil rights violation for any employer, employment agency, or | ||||||
8 | labor organization to refuse to hire a qualified ex-offender | ||||||
9 | solely because the qualified ex-offender has previously been | ||||||
10 | convicted of one or more criminal offenses, or by reason of a | ||||||
11 | finding of lack of good moral character when the finding is | ||||||
12 | based solely upon the fact that the qualified ex-offender has | ||||||
13 | previously been convicted of one or more criminal offenses, | ||||||
14 | unless: | ||||||
15 | (1) there is a direct relationship between one or more | ||||||
16 | of the previous criminal offenses and the employment | ||||||
17 | sought; | ||||||
18 | (2) the granting of the employment would involve an | ||||||
19 | unreasonable risk to property or to the safety or welfare | ||||||
20 | of specific individuals or the general public; or | ||||||
21 | (3) the qualified ex-offender is not bondable under a | ||||||
22 | standard fidelity bond or an equivalent bond where such | ||||||
23 | bondability is required by state or federal law, | ||||||
24 | administrative regulation, or established business | ||||||
25 | practice of the employer. |
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1 | (B) Factors to be considered in making an employment | ||||||
2 | determination.
It is appropriate for an employer, employment | ||||||
3 | agency, or labor organization to consider the following factors | ||||||
4 | in making an employment decision relating to a person who has a | ||||||
5 | criminal record: | ||||||
6 | (1) the public policy of this State, as expressed in | ||||||
7 | this Act, to encourage the employment of persons previously | ||||||
8 | convicted of one or more criminal offenses; | ||||||
9 | (2) the specific duties and responsibilities | ||||||
10 | necessarily related to the employment sought; | ||||||
11 | (3) the bearing, if any, the criminal offense or | ||||||
12 | offenses for which the person was previously convicted will | ||||||
13 | have on his or her fitness or ability to perform one or | ||||||
14 | more such duties or responsibilities; | ||||||
15 | (4) the time which was elapsed since the occurrence of | ||||||
16 | the criminal offense or offenses; | ||||||
17 | (5) the age of the person at the time of occurrence of | ||||||
18 | the criminal offense or offenses; | ||||||
19 | (6) the seriousness of the offense or offenses; | ||||||
20 | (7) any information produced by the person, or produced | ||||||
21 | on his or her behalf, in regard to his or her | ||||||
22 | rehabilitation and good conduct; | ||||||
23 | (8) the legitimate interest of the employer; and | ||||||
24 | (9) certification of relief from disabilities or a | ||||||
25 | certificate of good conduct issued to the ex-offender. | ||||||
26 | (C) Misrepresentation or concealment of criminal |
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1 | background.
The prohibition against the use of a conviction | ||||||
2 | record contained in this Section shall not be construed to | ||||||
3 | prohibit an employer, employment agency, or labor organization | ||||||
4 | from terminating or denying employment to an individual who | ||||||
5 | intentionally misrepresented or concealed his or her history of | ||||||
6 | criminal convictions to the employer, employment agency, or | ||||||
7 | labor organization where the criminal records have not been | ||||||
8 | sealed or expunged by order of court. | ||||||
9 | (D) Exceptions. | ||||||
10 | (1) Nothing in this Section shall be deemed to: | ||||||
11 | (a) conflict with or affect the application of | ||||||
12 | security regulations or rules in employment | ||||||
13 | established by the United States, the State of | ||||||
14 | Illinois, or local government; nor | ||||||
15 | (b) prohibit or prevent any financial institution, | ||||||
16 | in which deposits are insured by a federal agency | ||||||
17 | having jurisdiction over the financial institution, | ||||||
18 | from denying employment to or discharging from | ||||||
19 | employment any person who has been convicted of any | ||||||
20 | criminal offense involving dishonesty or a breach of | ||||||
21 | trust, unless it has the prior written consent of the | ||||||
22 | federal agency having jurisdiction over the financial | ||||||
23 | institution to hire or retain the person. | ||||||
24 | (2) This Section does not apply to the Department of | ||||||
25 | Corrections and the Department of Juvenile Justice.
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