Illinois General Assembly - Full Text of HB1838
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Full Text of HB1838  102nd General Assembly




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1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 1-103 as follows:
6    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
7    Sec. 1-103. General definitions. When used in this Act,
8unless the context requires otherwise, the term:
9    (A) Age. "Age" means the chronological age of a person who
10is at least 40 years old, except with regard to any practice
11described in Section 2-102, insofar as that practice concerns
12training or apprenticeship programs. In the case of training
13or apprenticeship programs, for the purposes of Section 2-102,
14"age" means the chronological age of a person who is 18 but not
15yet 40 years old.
16    (B) Aggrieved party. "Aggrieved party" means a person who
17is alleged or proved to have been injured by a civil rights
18violation or believes he or she will be injured by a civil
19rights violation under Article 3 that is about to occur.
20    (B-5) Arrest record. "Arrest record" means:
21        (1) an arrest not leading to a conviction;
22        (2) a juvenile record; or
23        (3) criminal history record information ordered



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1    expunged, sealed, or impounded under Section 5.2 of the
2    Criminal Identification Act.
3    (C) Charge. "Charge" means an allegation filed with the
4Department by an aggrieved party or initiated by the
5Department under its authority.
6    (D) Civil rights violation. "Civil rights violation"
7includes and shall be limited to only those specific acts set
8forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
93-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
106-101, and 6-102 of this Act.
11    (E) Commission. "Commission" means the Human Rights
12Commission created by this Act.
13    (F) Complaint. "Complaint" means the formal pleading filed
14by the Department with the Commission following an
15investigation and finding of substantial evidence of a civil
16rights violation.
17    (G) Complainant. "Complainant" means a person including
18the Department who files a charge of civil rights violation
19with the Department or the Commission.
20    (H) Department. "Department" means the Department of Human
21Rights created by this Act.
22    (I) Disability.
23    (1) "Disability" means a determinable physical or mental
24characteristic of a person, including, but not limited to, a
25determinable physical characteristic which necessitates the
26person's use of a guide, hearing or support dog, the history of



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1such characteristic, or the perception of such characteristic
2by the person complained against, which may result from
3disease, injury, congenital condition of birth or functional
4disorder and which characteristic:
5        (a) (1) For purposes of Article 2, is unrelated to the
6    person's ability to perform the duties of a particular job
7    or position and, pursuant to Section 2-104 of this Act, a
8    person's illegal use of drugs or alcohol is not a
9    disability;
10        (b) (2) For purposes of Article 3, is unrelated to the
11    person's ability to acquire, rent, or maintain a housing
12    accommodation;
13        (c) (3) For purposes of Article 4, is unrelated to a
14    person's ability to repay;
15        (d) (4) For purposes of Article 5, is unrelated to a
16    person's ability to utilize and benefit from a place of
17    public accommodation;
18        (e) (5) For purposes of Article 5, also includes any
19    mental, psychological, or developmental disability,
20    including autism spectrum disorders.
21    (2) Discrimination based on disability includes unlawful
22discrimination against an individual because of the
23individual's association with a person with a disability.
24    (J) Marital status. "Marital status" means the legal
25status of being married, single, separated, divorced, or



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1    (J-1) Military status. "Military status" means a person's
2status on active duty in or status as a veteran of the armed
3forces of the United States, status as a current member or
4veteran of any reserve component of the armed forces of the
5United States, including the United States Army Reserve,
6United States Marine Corps Reserve, United States Navy
7Reserve, United States Air Force Reserve, and United States
8Coast Guard Reserve, or status as a current member or veteran
9of the Illinois Army National Guard or Illinois Air National
11    (K) National origin. "National origin" means the place in
12which a person or one of his or her ancestors was born.
13    (K-5) "Order of protection status" means a person's status
14as being a person protected under an order of protection
15issued pursuant to the Illinois Domestic Violence Act of 1986,
16Article 112A of the Code of Criminal Procedure of 1963, the
17Stalking No Contact Order Act, or the Civil No Contact Order
18Act, or an order of protection issued by a court of another
20    (L) Person. "Person" includes one or more individuals,
21partnerships, associations or organizations, labor
22organizations, labor unions, joint apprenticeship committees,
23or union labor associations, corporations, the State of
24Illinois and its instrumentalities, political subdivisions,
25units of local government, legal representatives, trustees in
26bankruptcy or receivers.



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1    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
2or medical or common conditions related to pregnancy or
4    (M) Public contract. "Public contract" includes every
5contract to which the State, any of its political
6subdivisions, or any municipal corporation is a party.
7    (N) Religion. "Religion" includes all aspects of religious
8observance and practice, as well as belief, except that with
9respect to employers, for the purposes of Article 2,
10"religion" has the meaning ascribed to it in paragraph (F) of
11Section 2-101.
12    (O) Sex. "Sex" means the status of being male or female.
13    (O-1) Sexual orientation. "Sexual orientation" means
14actual or perceived heterosexuality, homosexuality,
15bisexuality, or gender-related identity, whether or not
16traditionally associated with the person's designated sex at
17birth. "Sexual orientation" does not include a physical or
18sexual attraction to a minor by an adult.
19    (P) Unfavorable military discharge. "Unfavorable military
20discharge" includes discharges from the Armed Forces of the
21United States, their Reserve components, or any National Guard
22or Naval Militia which are classified as RE-3 or the
23equivalent thereof, but does not include those characterized
24as RE-4 or "Dishonorable".
25    (Q) Unlawful discrimination. "Unlawful discrimination"
26means discrimination against a person because of his or her



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1actual or perceived: race, color, religion, national origin,
2ancestry, age, sex, marital status, order of protection
3status, disability, military status, sexual orientation,
4pregnancy, or unfavorable discharge from military service as
5those terms are defined in this Section.
6(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
7101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)