Rep. Barbara Wheeler
Filed: 4/3/2014
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1 | AMENDMENT TO HOUSE BILL 8
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2 | AMENDMENT NO. ______. Amend House Bill 8, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
6 | changing Sections 1-103 and 2-102 as 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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1 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
2 | is alleged
or proved to have been injured by a civil rights | ||||||
3 | violation or believes he
or she will be injured by a civil | ||||||
4 | rights violation under Article 3 that is
about to occur.
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5 | (C) Charge. "Charge" means an allegation filed with the | ||||||
6 | Department
by an aggrieved party or initiated by the Department | ||||||
7 | under its
authority.
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8 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
9 | includes and
shall be limited to only those specific acts set | ||||||
10 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
11 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
12 | 6-101, and 6-102 of this Act.
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13 | (E) Commission. "Commission" means the Human Rights | ||||||
14 | Commission
created by this Act.
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15 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
16 | by
the Department with the Commission following an | ||||||
17 | investigation and
finding of substantial evidence of a civil | ||||||
18 | rights violation.
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19 | (G) Complainant. "Complainant" means a person including | ||||||
20 | the
Department who files a charge of civil rights violation | ||||||
21 | with the Department or
the Commission.
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22 | (H) Department. "Department" means the Department of Human | ||||||
23 | Rights
created by this Act.
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24 | (I) Disability. "Disability" means a determinable physical | ||||||
25 | or mental
characteristic of a person, including, but not | ||||||
26 | limited to, a determinable
physical characteristic which |
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1 | necessitates the person's use of a guide,
hearing or support | ||||||
2 | dog, the history of such characteristic, or the
perception of | ||||||
3 | such characteristic by the person complained against, which
may | ||||||
4 | result from disease, injury, congenital condition of birth or
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5 | functional disorder and which characteristic:
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6 | (1) For purposes of Article 2 is unrelated to the | ||||||
7 | person's ability
to perform the duties of a particular job | ||||||
8 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
9 | person's illegal use of drugs or alcohol is not a
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10 | disability;
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11 | (1.5) For purposes of Article 2, includes restrictions | ||||||
12 | caused by pregnancy, childbirth, or related medical | ||||||
13 | conditions; | ||||||
14 | (2) For purposes of Article 3, is unrelated to the | ||||||
15 | person's ability
to acquire, rent or maintain a housing | ||||||
16 | accommodation;
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17 | (3) For purposes of Article 4, is unrelated to a | ||||||
18 | person's ability to
repay;
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19 | (4) For purposes of Article 5, is unrelated to a | ||||||
20 | person's ability to
utilize and benefit from a place of | ||||||
21 | public accommodation;
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22 | (5) For purposes of Article 5, also includes any | ||||||
23 | mental, psychological, or developmental disability, | ||||||
24 | including autism spectrum disorders. | ||||||
25 | (J) Marital Status. "Marital status" means the legal status | ||||||
26 | of being
married, single, separated, divorced or widowed.
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1 | (J-1) Military Status. "Military status" means a person's | ||||||
2 | status on
active duty in or status as a veteran of the armed | ||||||
3 | forces of the United States, status as a current member or | ||||||
4 | veteran of any
reserve component of the armed forces of the | ||||||
5 | United States, including the United
States Army Reserve, United | ||||||
6 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
7 | States Air Force Reserve, and United States Coast Guard
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8 | Reserve, or status as a current member or veteran of the | ||||||
9 | Illinois Army National Guard or Illinois Air National
Guard.
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10 | (K) National Origin. "National origin" means the place in | ||||||
11 | which a
person or one of his or her ancestors was born.
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12 | (K-5) "Order of protection status" means a person's status | ||||||
13 | as being a person protected under an order of protection issued | ||||||
14 | pursuant to the Illinois Domestic Violence Act of 1986 or an | ||||||
15 | order of protection issued by a court of another state. | ||||||
16 | (L) Person. "Person" includes one or more individuals, | ||||||
17 | partnerships,
associations or organizations, labor | ||||||
18 | organizations, labor unions, joint
apprenticeship committees, | ||||||
19 | or union labor associations, corporations, the
State of | ||||||
20 | Illinois and its instrumentalities, political subdivisions, | ||||||
21 | units
of local government, legal representatives, trustees in | ||||||
22 | bankruptcy
or receivers.
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23 | (M) Public Contract. "Public contract" includes every | ||||||
24 | contract to which the
State, any of its political subdivisions | ||||||
25 | or any municipal corporation is a
party.
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26 | (N) Religion. "Religion" includes all aspects of religious |
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1 | observance
and practice, as well as belief, except that with | ||||||
2 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
3 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
4 | 2-101.
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5 | (O) Sex. "Sex" means the status of being male or female.
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6 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
7 | actual or
perceived heterosexuality, homosexuality, | ||||||
8 | bisexuality, or gender-related identity,
whether or not | ||||||
9 | traditionally associated with the person's designated sex at
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10 | birth. "Sexual orientation" does not include a physical or | ||||||
11 | sexual attraction to a minor by an adult.
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12 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
13 | discharge"
includes discharges from the Armed Forces of the | ||||||
14 | United States, their
Reserve components or any National Guard | ||||||
15 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
16 | thereof, but does not include those
characterized as RE-4 or | ||||||
17 | "Dishonorable".
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18 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
19 | means discrimination
against a person because of his or her | ||||||
20 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
21 | marital status, order of protection status, disability, | ||||||
22 | military status, sexual
orientation,
or unfavorable
discharge | ||||||
23 | from military service as those terms are defined in this | ||||||
24 | Section.
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25 | (Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; | ||||||
26 | 97-410, eff. 1-1-12; 97-813, eff. 7-13-12.)
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1 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
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2 | Sec. 2-102. Civil Rights Violations - Employment. It is a | ||||||
3 | civil
rights violation:
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4 | (A) Employers. For any employer to refuse to hire, to | ||||||
5 | segregate, or
to act with respect to recruitment, hiring, | ||||||
6 | promotion, renewal of employment,
selection for training or | ||||||
7 | apprenticeship, discharge, discipline, tenure or
terms, | ||||||
8 | privileges or conditions of employment on the basis of unlawful
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9 | discrimination or citizenship status.
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10 | (A-5) Language. For an employer to impose a restriction | ||||||
11 | that has the
effect of prohibiting a language from being spoken | ||||||
12 | by an employee in
communications that are unrelated to the | ||||||
13 | employee's duties.
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14 | For the purposes of this subdivision (A-5), "language" | ||||||
15 | means a person's
native tongue, such as Polish, Spanish, or
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16 | Chinese.
"Language" does not include such things as slang, | ||||||
17 | jargon, profanity, or
vulgarity.
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18 | (B) Employment Agency. For any employment agency to fail or | ||||||
19 | refuse
to classify properly, accept applications and register | ||||||
20 | for employment
referral or apprenticeship referral, refer for | ||||||
21 | employment, or refer for
apprenticeship on the basis of | ||||||
22 | unlawful discrimination or citizenship
status or to accept from | ||||||
23 | any person any job order, requisition or request
for referral | ||||||
24 | of applicants for employment or apprenticeship which makes or
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25 | has the effect of making unlawful discrimination or |
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1 | discrimination on the
basis of citizenship status a condition | ||||||
2 | of referral.
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3 | (C) Labor Organization. For any labor organization to | ||||||
4 | limit,
segregate or classify its membership, or to limit | ||||||
5 | employment
opportunities, selection and training for | ||||||
6 | apprenticeship in any trade or
craft, or otherwise to take, or | ||||||
7 | fail to take, any action which affects
adversely any person's | ||||||
8 | status as an employee or as an applicant for
employment or as | ||||||
9 | an apprentice, or as an applicant for apprenticeships,
or | ||||||
10 | wages, tenure, hours of employment or apprenticeship | ||||||
11 | conditions on the
basis of unlawful discrimination or | ||||||
12 | citizenship status.
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13 | (D) Sexual Harassment. For any employer, employee, agent of | ||||||
14 | any employer,
employment agency or labor organization to engage | ||||||
15 | in sexual harassment;
provided, that an employer shall be | ||||||
16 | responsible for sexual harassment
of the employer's employees | ||||||
17 | by nonemployees or nonmanagerial and nonsupervisory
employees | ||||||
18 | only if the employer becomes aware of the conduct and fails to
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19 | take reasonable corrective measures.
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20 | (E) Public Employers. For any public employer to refuse to | ||||||
21 | permit a
public employee under its jurisdiction who takes time | ||||||
22 | off from work in
order to practice his or her religious beliefs | ||||||
23 | to engage in work, during hours
other than such employee's | ||||||
24 | regular working hours, consistent with the
operational needs of | ||||||
25 | the employer and in order to compensate for work time
lost for | ||||||
26 | such religious reasons. Any employee who elects such deferred
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1 | work shall be compensated at the wage rate which he or she | ||||||
2 | would have
earned during the originally scheduled work period. | ||||||
3 | The employer may
require that an employee who plans to take | ||||||
4 | time off from work in order to
practice his or her religious | ||||||
5 | beliefs provide the employer with a notice of
his or her | ||||||
6 | intention to be absent from work not exceeding 5 days prior to
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7 | the date of absence.
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8 | (F) Training and Apprenticeship Programs. For any | ||||||
9 | employer,
employment agency or labor organization to | ||||||
10 | discriminate against a person on
the basis of age in the | ||||||
11 | selection, referral for or conduct of apprenticeship
or | ||||||
12 | training programs.
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13 | (G) Immigration-Related Practices. | ||||||
14 | (1) for an employer to request for
purposes of | ||||||
15 | satisfying the requirements of Section 1324a(b) of Title 8 | ||||||
16 | of
the United States Code, as now or hereafter amended, | ||||||
17 | more or different
documents than are required under such | ||||||
18 | Section or to refuse to honor
documents tendered that on | ||||||
19 | their face reasonably appear to be genuine; or
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20 | (2) for an employer participating in the E-Verify | ||||||
21 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
22 | Programs for Employment Eligibility Confirmation (enacted | ||||||
23 | by PL 104-208, div. C title IV, subtitle A) to refuse to | ||||||
24 | hire, to segregate, or to act with respect to recruitment, | ||||||
25 | hiring, promotion, renewal of employment, selection for | ||||||
26 | training or apprenticeship, discharge, discipline, tenure |
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1 | or terms, privileges or conditions of employment without | ||||||
2 | following the procedures under the E-Verify Program. | ||||||
3 | (H) Pregnancy;
peace officers and fire fighters. For a | ||||||
4 | public employer to refuse to temporarily transfer a pregnant
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5 | female peace officer or pregnant
female fire fighter to a less | ||||||
6 | strenuous or hazardous position for the
duration of her | ||||||
7 | pregnancy if she so requests, with the advice of her
physician, | ||||||
8 | where that transfer can be reasonably accommodated. For the | ||||||
9 | purposes of this subdivision (H), "peace officer" and "fire | ||||||
10 | fighter" have the meanings ascribed to those terms in Section 3 | ||||||
11 | of the Illinois Public Labor Relations Act.
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12 | It is not a civil rights violation for an employer to take | ||||||
13 | any action
that is required by Section 1324a of Title 8 of the | ||||||
14 | United States Code, as
now or hereafter amended.
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15 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
16 | segregate, or to act with respect to recruitment, hiring, | ||||||
17 | promotion, renewal of employment, selection for training or | ||||||
18 | apprenticeship, discharge, discipline, tenure or terms, | ||||||
19 | privileges or conditions of employment on the basis of | ||||||
20 | pregnancy, childbirth, or related medical conditions. Women | ||||||
21 | restricted affected by pregnancy, childbirth, or related | ||||||
22 | medical conditions shall be treated the same for all | ||||||
23 | employment-related purposes, including receipt of benefits | ||||||
24 | under fringe benefit programs, as other persons with | ||||||
25 | disabilities who are similarly situated not so affected but | ||||||
26 | similar in their ability or inability to work . |
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1 | (Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)".
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