093_SB1385

 
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 1        AN ACT concerning human rights.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  The Illinois Human Rights Act is  amended  by
 5    changing Sections 1-102 and 1-103 as follows:

 6        (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
 7        Sec.  1-102.  Declaration  of  Policy.  It  is the public
 8    policy of this State:
 9        (A)  Freedom from Unlawful Discrimination. To secure  for
10    all    individuals   within   Illinois   the   freedom   from
11    discrimination against any individual because of his  or  her
12    race,  color,  religion, sex, national origin, ancestry, age,
13    marital status, parental status, physical or mental handicap,
14    military  status,  or  unfavorable  discharge  from  military
15    service  in   connection   with   employment,   real   estate
16    transactions,   access   to   financial   credit,   and   the
17    availability of public accommodations.
18        (B)  Freedom from Sexual Harassment-Employment and Higher
19    Education.  To  prevent  sexual  harassment in employment and
20    sexual harassment in higher education.
21        (C)  Freedom from  Discrimination  Based  on  Citizenship
22    Status-Employment.   To   prevent   discrimination  based  on
23    citizenship status in employment.
24        (D)  Freedom  from  Discrimination  Based   on   Familial
25    Status-Real  Estate  Transactions.  To prevent discrimination
26    based on familial status in real estate transactions.
27        (E)  Public Health, Welfare and Safety.  To  promote  the
28    public  health, welfare and safety by protecting the interest
29    of all people in Illinois in maintaining personal dignity, in
30    realizing their full productive capacities, and in furthering
31    their interests, rights and privileges as  citizens  of  this
 
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 1    State.
 2        (F)  Implementation   of  Constitutional  Guarantees.  To
 3    secure and guarantee the rights established by  Sections  17,
 4    18 and 19 of Article I of the Illinois Constitution of 1970.
 5        (G)  Equal  Opportunity, Affirmative Action. To establish
 6    Equal Opportunity and Affirmative Action as the  policies  of
 7    this  State in all of its decisions, programs and activities,
 8    and to assure that all State departments, boards, commissions
 9    and instrumentalities rigorously take affirmative  action  to
10    provide  equality of opportunity and eliminate the effects of
11    past  discrimination  in  the  internal  affairs   of   State
12    government and in their relations with the public.
13        (H)  Unfounded Charges. To protect citizens of this State
14    against  unfounded charges of unlawful discrimination, sexual
15    harassment in employment  and  sexual  harassment  in  higher
16    education,  and discrimination based on citizenship status in
17    employment.
18    (Source: P.A. 87-579; 88-178.)

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

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.