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1 | AN ACT in relation to human rights.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
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 as follows:
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6 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
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7 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
8 | unless the
context requires otherwise, the term:
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9 | (A) Age. "Age" means the chronological age of a person who | ||||||
10 | is at least
40 years old, except with regard to any practice | ||||||
11 | described in Section
2-102, insofar as that practice concerns | ||||||
12 | training or apprenticeship
programs. In the case of training or | ||||||
13 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
14 | "age" means the chronological age of a person
who is 18 but not | ||||||
15 | yet 40 years old.
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16 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
17 | is alleged
or proved to have been injured by a civil rights | ||||||
18 | violation or believes he
or she will be injured by a civil | ||||||
19 | rights violation under Article 3 that is
about to occur.
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20 | (C) Charge. "Charge" means an allegation filed with the | ||||||
21 | Department
by an aggrieved party or initiated by the Department | ||||||
22 | under its
authority.
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23 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
24 | includes and
shall be limited to only those specific acts set | ||||||
25 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | ||||||
26 | 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | ||||||
27 | Act.
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28 | (E) Commission. "Commission" means the Human Rights | ||||||
29 | Commission
created by this Act.
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30 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
31 | by
the Department with the Commission following an | ||||||
32 | investigation and
finding of substantial evidence of a civil |
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1 | rights violation.
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2 | (G) Complainant. "Complainant" means a person including | ||||||
3 | the
Department who files a charge of civil rights violation | ||||||
4 | with the Department or
the Commission.
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5 | (H) Department. "Department" means the Department of Human | ||||||
6 | Rights
created by this Act.
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7 | (I) Handicap. "Handicap" means a determinable physical or | ||||||
8 | mental
characteristic of a person, including, but not limited | ||||||
9 | to, a determinable
physical characteristic which necessitates | ||||||
10 | the person's use of a guide,
hearing or support dog, the | ||||||
11 | history of such characteristic, or the
perception of such | ||||||
12 | characteristic by the person complained against, which
may | ||||||
13 | result from disease, injury, congenital condition of birth or
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14 | functional disorder and which characteristic:
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15 | (1) For purposes of Article 2 is unrelated to the | ||||||
16 | person's ability
to perform the duties of a particular job | ||||||
17 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
18 | person's illegal use of drugs or alcohol is not a
handicap;
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19 | (2) For purposes of Article 3, is unrelated to the | ||||||
20 | person's ability
to acquire, rent or maintain a housing | ||||||
21 | accommodation;
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22 | (3) For purposes of Article 4, is unrelated to a | ||||||
23 | person's ability to
repay;
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24 | (4) For purposes of Article 5, is unrelated to a | ||||||
25 | person's ability to
utilize and benefit from a place of | ||||||
26 | public accommodation.
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27 | (J) Marital Status. "Marital status" means the legal status | ||||||
28 | of being
married, single, separated, divorced or widowed.
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29 | (J-1) Military Status. "Military status" means a person's | ||||||
30 | status on
active duty in the armed forces of the United States
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31 | or status as a
member in any reserve component of the armed | ||||||
32 | forces, including, but not
limited to, the Illinois Army | ||||||
33 | National Guard, Illinois Air National
Guard, United States Army | ||||||
34 | Reserve, United States Marine Corps Reserve,
United States | ||||||
35 | Naval Reserve, United States Air Force Reserve, or
United | ||||||
36 | States Coast Guard Reserve .
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1 | (K) National Origin. "National origin" means the place in | ||||||
2 | which a
person or one of his or her ancestors was born.
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3 | (L) Person. "Person" includes one or more individuals, | ||||||
4 | partnerships,
associations or organizations, labor | ||||||
5 | organizations, labor unions, joint
apprenticeship committees, | ||||||
6 | or union labor associations, corporations, the
State of | ||||||
7 | Illinois and its instrumentalities, political subdivisions, | ||||||
8 | units
of local government, legal representatives, trustees in | ||||||
9 | bankruptcy
or receivers.
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10 | (M) Public Contract. "Public contract" includes every | ||||||
11 | contract to which the
State, any of its political subdivisions | ||||||
12 | or any municipal corporation is a
party.
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13 | (N) Religion. "Religion" includes all aspects of religious | ||||||
14 | observance
and practice, as well as belief, except that with | ||||||
15 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
16 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
17 | 2-101.
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18 | (O) Sex. "Sex" means the status of being male or female.
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19 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
20 | discharge"
includes discharges from the Armed Forces of the | ||||||
21 | United States, their
Reserve components or any National Guard | ||||||
22 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
23 | thereof, but does not include those
characterized as RE-4 or | ||||||
24 | "Dishonorable".
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25 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
26 | means discrimination
against a person because of his or her | ||||||
27 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
28 | marital status, handicap, military status, or unfavorable
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29 | discharge from military service as those terms are defined in | ||||||
30 | this Section.
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31 | (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
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32 | Section 99. Effective date. This Act takes effect upon | ||||||
33 | becoming law. |