|
|||||||
| |||||||
| |||||||
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 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections
1-102, 1-103, 3-103, and 3-106 and the | ||||||
6 | heading of Article 1 and adding Section
1-101.1
as follows:
| ||||||
7 | (775 ILCS 5/Art. 1 heading)
| ||||||
8 | ARTICLE 1. | ||||||
9 | GENERAL PROVISIONS
TITLE, POLICY AND DEFINITIONS
| ||||||
10 | (775 ILCS 5/1-101.1 new)
| ||||||
11 | Sec. 1-101.1. Construction. Nothing in this Act shall be | ||||||
12 | construed as
requiring any employer, employment agency, or | ||||||
13 | labor organization to give
preferential treatment or special | ||||||
14 | rights based on sexual orientation or to
implement affirmative | ||||||
15 | action policies or programs based on sexual
orientation.
| ||||||
16 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
| ||||||
17 | Sec. 1-102. Declaration of Policy. It is the public policy | ||||||
18 | of this State:
| ||||||
19 | (A) Freedom from Unlawful Discrimination. To secure for all | ||||||
20 | individuals
within Illinois the freedom from discrimination | ||||||
21 | against any individual because
of his or her race, color, | ||||||
22 | religion, sex, national origin, ancestry, age,
marital status, | ||||||
23 | physical or mental handicap, military
status, sexual | ||||||
24 | orientation, or unfavorable
discharge from military service in | ||||||
25 | connection with employment, real estate
transactions, access | ||||||
26 | to financial credit, and the availability of public
| ||||||
27 | accommodations.
| ||||||
28 | (B) Freedom from Sexual Harassment-Employment and Higher | ||||||
29 | Education.
To prevent sexual harassment in employment and | ||||||
30 | sexual harassment in
higher education.
|
| |||||||
| |||||||
1 | (C) Freedom from Discrimination Based on Citizenship | ||||||
2 | Status-Employment.
To prevent discrimination based on | ||||||
3 | citizenship status in employment.
| ||||||
4 | (D) Freedom from Discrimination Based on Familial | ||||||
5 | Status-Real Estate
Transactions. To prevent discrimination | ||||||
6 | based on familial status in real
estate transactions.
| ||||||
7 | (E) Public Health, Welfare and Safety. To promote the | ||||||
8 | public health,
welfare and safety by protecting the interest of | ||||||
9 | all people in Illinois
in maintaining personal dignity, in | ||||||
10 | realizing their full productive
capacities, and in furthering | ||||||
11 | their interests, rights and privileges as
citizens of this | ||||||
12 | State.
| ||||||
13 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
14 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
15 | of Article I
of the Illinois Constitution of 1970.
| ||||||
16 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
17 | Equal
Opportunity and Affirmative Action as the policies of | ||||||
18 | this State in all
of its decisions, programs and activities, | ||||||
19 | and to assure that all State
departments, boards, commissions | ||||||
20 | and instrumentalities rigorously take
affirmative action to | ||||||
21 | provide equality of opportunity and eliminate the
effects of | ||||||
22 | past discrimination in the internal affairs of State
government | ||||||
23 | and in their relations with the public.
| ||||||
24 | (H) Unfounded Charges. To protect citizens of this State | ||||||
25 | against
unfounded charges of unlawful discrimination, sexual | ||||||
26 | harassment in
employment and sexual harassment in higher | ||||||
27 | education, and discrimination
based on citizenship status in | ||||||
28 | employment.
| ||||||
29 | (Source: P.A. 87-579; 88-178.)
| ||||||
30 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
31 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
32 | unless the
context requires otherwise, the term:
| ||||||
33 | (A) Age. "Age" means the chronological age of a person who | ||||||
34 | is at least
40 years old, except with regard to any practice | ||||||
35 | described in Section
2-102, insofar as that practice concerns |
| |||||||
| |||||||
1 | training or apprenticeship
programs. In the case of training or | ||||||
2 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
3 | "age" means the chronological age of a person
who is 18 but not | ||||||
4 | yet 40 years old.
| ||||||
5 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
6 | is alleged
or proved to have been injured by a civil rights | ||||||
7 | violation or believes he
or she will be injured by a civil | ||||||
8 | rights violation under Article 3 that is
about to occur.
| ||||||
9 | (C) Charge. "Charge" means an allegation filed with the | ||||||
10 | Department
by an aggrieved party or initiated by the Department | ||||||
11 | under its
authority.
| ||||||
12 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
13 | includes and
shall be limited to only those specific acts set | ||||||
14 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | ||||||
15 | 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | ||||||
16 | Act.
| ||||||
17 | (E) Commission. "Commission" means the Human Rights | ||||||
18 | Commission
created by this Act.
| ||||||
19 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
20 | by
the Department with the Commission following an | ||||||
21 | investigation and
finding of substantial evidence of a civil | ||||||
22 | rights violation.
| ||||||
23 | (G) Complainant. "Complainant" means a person including | ||||||
24 | the
Department who files a charge of civil rights violation | ||||||
25 | with the Department or
the Commission.
| ||||||
26 | (H) Department. "Department" means the Department of Human | ||||||
27 | Rights
created by this Act.
| ||||||
28 | (I) Handicap. "Handicap" means a determinable physical or | ||||||
29 | mental
characteristic of a person, including, but not limited | ||||||
30 | to, a determinable
physical characteristic which necessitates | ||||||
31 | the person's use of a guide,
hearing or support dog, the | ||||||
32 | history of such characteristic, or the
perception of such | ||||||
33 | characteristic by the person complained against, which
may | ||||||
34 | result from disease, injury, congenital condition of birth or
| ||||||
35 | functional disorder and which characteristic:
| ||||||
36 | (1) For purposes of Article 2 is unrelated to the |
| |||||||
| |||||||
1 | person's ability
to perform the duties of a particular job | ||||||
2 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
3 | person's illegal use of drugs or alcohol is not a
handicap;
| ||||||
4 | (2) For purposes of Article 3, is unrelated to the | ||||||
5 | person's ability
to acquire, rent or maintain a housing | ||||||
6 | accommodation;
| ||||||
7 | (3) For purposes of Article 4, is unrelated to a | ||||||
8 | person's ability to
repay;
| ||||||
9 | (4) For purposes of Article 5, is unrelated to a | ||||||
10 | person's ability to
utilize and benefit from a place of | ||||||
11 | public accommodation.
| ||||||
12 | (J) Marital Status. "Marital status" means the legal status | ||||||
13 | of being
married, single, separated, divorced or widowed.
| ||||||
14 | (J-1) Military Status. "Military status" means a person's | ||||||
15 | status on
active duty in the armed forces of the United States, | ||||||
16 | status as a current member of any
reserve component of the | ||||||
17 | armed forces of the United States, including the United
States | ||||||
18 | Army Reserve, United States Marine Corps Reserve, United States | ||||||
19 | Navy
Reserve, United States Air Force Reserve, and United | ||||||
20 | States Coast Guard
Reserve, or status as a current member of | ||||||
21 | the Illinois Army National Guard or Illinois Air National
| ||||||
22 | Guard.
| ||||||
23 | (K) National Origin. "National origin" means the place in | ||||||
24 | which a
person or one of his or her ancestors was born.
| ||||||
25 | (L) Person. "Person" includes one or more individuals, | ||||||
26 | partnerships,
associations or organizations, labor | ||||||
27 | organizations, labor unions, joint
apprenticeship committees, | ||||||
28 | or union labor associations, corporations, the
State of | ||||||
29 | Illinois and its instrumentalities, political subdivisions, | ||||||
30 | units
of local government, legal representatives, trustees in | ||||||
31 | bankruptcy
or receivers.
| ||||||
32 | (M) Public Contract. "Public contract" includes every | ||||||
33 | contract to which the
State, any of its political subdivisions | ||||||
34 | or any municipal corporation is a
party.
| ||||||
35 | (N) Religion. "Religion" includes all aspects of religious | ||||||
36 | observance
and practice, as well as belief, except that with |
| |||||||
| |||||||
1 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
2 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
3 | 2-101.
| ||||||
4 | (O) Sex. "Sex" means the status of being male or female.
| ||||||
5 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
6 | actual or
perceived heterosexuality, homosexuality, | ||||||
7 | bisexuality, or gender-related identity,
whether or not | ||||||
8 | traditionally associated with the person's designated sex at
| ||||||
9 | birth. "Sexual orientation" does not include a physical or | ||||||
10 | sexual attraction to a minor by an adult.
| ||||||
11 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
12 | discharge"
includes discharges from the Armed Forces of the | ||||||
13 | United States, their
Reserve components or any National Guard | ||||||
14 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
15 | thereof, but does not include those
characterized as RE-4 or | ||||||
16 | "Dishonorable".
| ||||||
17 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
18 | means discrimination
against a person because of his or her | ||||||
19 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
20 | marital status, handicap, military status, sexual
orientation,
| ||||||
21 | or unfavorable
discharge from military service as those terms | ||||||
22 | are defined in this Section.
| ||||||
23 | (Source: P.A. 93-941, eff. 8-16-04.)
| ||||||
24 | (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| ||||||
25 | Sec. 3-103. Blockbusting. ) It is a civil rights violation | ||||||
26 | for any
person to:
| ||||||
27 | (A) Solicitation. Solicit for sale, lease, listing or | ||||||
28 | purchase any
residential real estate within this State, on the | ||||||
29 | grounds of loss of
value due to the present or prospective | ||||||
30 | entry into the vicinity of the
property involved of any person | ||||||
31 | or persons of any particular race,
color, religion, national | ||||||
32 | origin, ancestry, age, sex, sexual orientation,
marital | ||||||
33 | status,
familial status or
handicap.
| ||||||
34 | (B) Statements. Distribute or cause to be distributed, | ||||||
35 | written
material or statements designed to induce any owner of |
| |||||||
| |||||||
1 | residential real
estate in this State to sell or lease his or | ||||||
2 | her property because of any
present or prospective changes in | ||||||
3 | the race, color, religion, national
origin, ancestry, age, sex, | ||||||
4 | sexual orientation, marital status, familial
status or | ||||||
5 | handicap
of residents in
the vicinity of the property involved.
| ||||||
6 | (C) Creating Alarm. Intentionally create alarm, among | ||||||
7 | residents of
any community, by transmitting communications in | ||||||
8 | any manner, including
a telephone call
whether or not | ||||||
9 | conversation thereby ensues, with a design to induce any
owner | ||||||
10 | of residential real estate in this state to sell or lease his | ||||||
11 | or
her property because of any present or prospective entry | ||||||
12 | into the
vicinity of the property involved of any person or | ||||||
13 | persons of any
particular race, color, religion, national | ||||||
14 | origin, ancestry, age, sex, sexual
orientation, marital
| ||||||
15 | status, familial status or handicap.
| ||||||
16 | (Source: P.A. 86-910.)
| ||||||
17 | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| ||||||
18 | Sec. 3-106. Exemptions.) Nothing contained in Section | ||||||
19 | 3-102 shall
prohibit:
| ||||||
20 | (A) Private Sales of Single Family Homes. Any sale of a | ||||||
21 | single
family home by its owner so long as the following | ||||||
22 | criteria are met:
| ||||||
23 | (1) The owner does not own or have a beneficial | ||||||
24 | interest in more
than three single family homes at the time | ||||||
25 | of the sale;
| ||||||
26 | (2) The owner or a member of his or her family was the | ||||||
27 | last current
resident of the home;
| ||||||
28 | (3) The home is sold without the use in any manner of | ||||||
29 | the sales or
rental facilities or services of any real | ||||||
30 | estate broker or salesman, or
of any employee or agent of | ||||||
31 | any real estate broker or salesman;
| ||||||
32 | (4) The home is sold without the publication, posting | ||||||
33 | or mailing,
after notice, of any advertisement or written | ||||||
34 | notice in violation of
paragraph (F) of Section 3-102.
| ||||||
35 | (B) Apartments. Rental of a housing accommodation in a |
| |||||||
| |||||||
1 | building
which contains housing accommodations for not more | ||||||
2 | than five families
living independently of each other, if the | ||||||
3 | lessor or a member of his or
her family resides in one of the | ||||||
4 | housing accommodations;
| ||||||
5 | (C) Private Rooms. Rental of a room or rooms in a private | ||||||
6 | home by
an owner if he or she or a member of his or her family | ||||||
7 | resides therein or,
while absent for a period of not more than | ||||||
8 | twelve months, if he or she or a
member of his or her family | ||||||
9 | intends to return to reside therein;
| ||||||
10 | (D) Reasonable local, State, or Federal restrictions
| ||||||
11 | regarding the maximum number of occupants permitted to occupy a | ||||||
12 | dwelling.
| ||||||
13 | (E) Religious Organizations. A religious organization, | ||||||
14 | association,
or society, or any nonprofit institution or | ||||||
15 | organization operated,
supervised or controlled by or in | ||||||
16 | conjunction with a religious
organization, association, or | ||||||
17 | society, from limiting the sale, rental or
occupancy of a | ||||||
18 | dwelling which it owns or operates for other than a
commercial | ||||||
19 | purpose to persons of the same religion, or from giving
| ||||||
20 | preference to such persons, unless membership in such religion | ||||||
21 | is
restricted on account of race, color, or national origin.
| ||||||
22 | (F) Sex. Restricting the rental of rooms in a housing | ||||||
23 | accommodation to
persons of one sex.
| ||||||
24 | (G) Persons Convicted of Drug-Related Offenses.
Conduct | ||||||
25 | against a person because such person has been convicted by
any | ||||||
26 | court of competent jurisdiction of the illegal manufacture or
| ||||||
27 | distribution of a controlled substance as defined in Section | ||||||
28 | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| ||||||
29 | (H) Persons engaged in the business of furnishing | ||||||
30 | appraisals of real
property from taking into consideration | ||||||
31 | factors other than those based on
unlawful discrimination or | ||||||
32 | familial status in furnishing appraisals.
| ||||||
33 | (H-1) The owner of an owner-occupied residential building | ||||||
34 | with 5 or
fewer units (including the unit in which the owner | ||||||
35 | resides) from making
decisions regarding whether to rent to a | ||||||
36 | person based upon that person's
sexual orientation.
|
| |||||||
| |||||||
1 | (I) Housing for Older Persons. No provision in this Article | ||||||
2 | regarding
familial status shall apply with respect to housing | ||||||
3 | for older persons.
| ||||||
4 | (1) As used in this Section, "housing for older | ||||||
5 | persons" means housing:
| ||||||
6 | (a) provided under any State or Federal program | ||||||
7 | that the Department
determines is specifically | ||||||
8 | designed and operated to assist elderly persons
(as | ||||||
9 | defined in the State or Federal program); or
| ||||||
10 | (b) intended for, and solely occupied by, persons | ||||||
11 | 62 years of age or
older;
or
| ||||||
12 | (c) intended and operated for occupancy by persons | ||||||
13 | 55 years of age or
older and:
| ||||||
14 | (i) at least 80% of the occupied units are | ||||||
15 | occupied by at
least one person who is 55 years of | ||||||
16 | age or older;
| ||||||
17 | (ii) the housing facility or community | ||||||
18 | publishes and adheres to
policies and procedures
| ||||||
19 | that demonstrate the intent required under this
| ||||||
20 | subdivision (c); and
| ||||||
21 | (iii) the housing facility or community | ||||||
22 | complies with rules adopted by
the
Department for | ||||||
23 | verification of occupancy, which shall:
| ||||||
24 | (aa) provide for verification by reliable | ||||||
25 | surveys and affidavits;
and
| ||||||
26 | (bb) include examples of the types of | ||||||
27 | policies and procedures
relevant to
a | ||||||
28 | determination of compliance with the | ||||||
29 | requirement of clause (ii).
| ||||||
30 | These surveys and affidavits shall be admissible in | ||||||
31 | administrative and
judicial proceedings for the purposes of | ||||||
32 | such verification.
| ||||||
33 | (2) Housing shall not fail to meet the requirements for | ||||||
34 | housing for
older persons by reason of:
| ||||||
35 | (a) persons residing in such housing as of the | ||||||
36 | effective date of this
amendatory Act of 1989 who do |
| |||||||
| |||||||
1 | not meet the age requirements of subsections
(1)(b) or | ||||||
2 | (c); provided, that new occupants of such housing meet | ||||||
3 | the age
requirements of
subsections (1)(b) or (c) of | ||||||
4 | this subsection; or
| ||||||
5 | (b) unoccupied units; provided, that such units | ||||||
6 | are reserved for
occupancy by persons who meet the age | ||||||
7 | requirements of subsections (1)(b)
or (c) of this | ||||||
8 | subsection.
| ||||||
9 | (3) (a) A person shall not be held personally liable | ||||||
10 | for monetary damages
for a violation of this Article if | ||||||
11 | the person reasonably relied, in good
faith, on the | ||||||
12 | application of the exemption under this subsection (I) | ||||||
13 | relating
to housing for older persons.
| ||||||
14 | (b) For the purposes of this item (3), a person may | ||||||
15 | show good faith
reliance on the application of the | ||||||
16 | exemption only by showing that:
| ||||||
17 | (i) the person has no actual knowledge that the | ||||||
18 | facility or community
is
not, or will not be, | ||||||
19 | eligible for the exemption; and
| ||||||
20 | (ii) the facility or community has stated | ||||||
21 | formally, in writing, that
the
facility or | ||||||
22 | community complies with the requirements for the | ||||||
23 | exemption.
| ||||||
24 | (Source: P.A. 89-520, eff. 7-18-96.)
|