Full Text of HB0045 94th General Assembly
HB0045eng 94TH GENERAL ASSEMBLY
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HB0045 Engrossed |
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LRB094 04172 RLC 34196 b |
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| AN ACT in relation to human rights.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing
Sections 1-102, 1-103, 3-102, 8A-104, and 8B-104 as | 6 |
| follows:
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| (Text of Section before amendment by P.A. 93-1078 )
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| Sec. 1-102. Declaration of Policy. It is the public policy | 10 |
| of this State:
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| (A) Freedom from Unlawful Discrimination. To secure for all | 12 |
| individuals
within Illinois the freedom from discrimination | 13 |
| against any individual because
of his or her race, color, | 14 |
| religion, sex, national origin, ancestry, age,
marital status, | 15 |
| physical or mental handicap, military status, or unfavorable
| 16 |
| discharge from military service in connection with employment, | 17 |
| real estate
transactions, access to financial credit, and the | 18 |
| availability of public
accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher | 20 |
| Education.
To prevent sexual harassment in employment and | 21 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 23 |
| Status-Employment.
To prevent discrimination based on | 24 |
| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial | 26 |
| Status-Real Estate
Transactions. To prevent discrimination | 27 |
| based on familial status in real
estate transactions.
| 28 |
| (E) Public Health, Welfare and Safety. To promote the | 29 |
| public health,
welfare and safety by protecting the interest of | 30 |
| all people in Illinois
in maintaining personal dignity, in | 31 |
| realizing their full productive
capacities, and in furthering | 32 |
| their interests, rights and privileges as
citizens of this |
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| State.
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| (F) Implementation of Constitutional Guarantees. To secure | 3 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 4 |
| 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
government | 12 |
| 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.
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| (Source: P.A. 87-579; 88-178.)
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| (Text of Section after amendment by P.A. 93-1078 ) | 20 |
| Sec. 1-102. Declaration of Policy. It is the public policy | 21 |
| of this State:
| 22 |
| (A) Freedom from Unlawful Discrimination. To secure for all | 23 |
| individuals
within Illinois the freedom from discrimination | 24 |
| against any individual because
of his or her race, color, | 25 |
| religion, sex, national origin, ancestry, age,
marital status, | 26 |
| physical or mental handicap, military
status, sexual | 27 |
| orientation, or unfavorable
discharge from military service in | 28 |
| connection with employment, real estate
transactions, access | 29 |
| to financial credit, and the availability of public
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| accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher | 32 |
| Education.
To prevent sexual harassment in employment and | 33 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 35 |
| Status-Employment.
To prevent discrimination based on |
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| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial | 3 |
| Status-Real Estate
Transactions. To prevent discrimination | 4 |
| based on familial status in real
estate transactions.
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| (D-1) Freedom from Discrimination Based on Source of | 6 |
| Income-Residential Rental Real Estate Transactions. To prevent | 7 |
| discrimination based on source of income in residential rental | 8 |
| real estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the | 10 |
| public health,
welfare and safety by protecting the interest of | 11 |
| all people in Illinois
in maintaining personal dignity, in | 12 |
| realizing their full productive
capacities, and in furthering | 13 |
| their interests, rights and privileges as
citizens of this | 14 |
| State.
| 15 |
| (F) Implementation of Constitutional Guarantees. To secure | 16 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 17 |
| of Article I
of the Illinois Constitution of 1970.
| 18 |
| (G) Equal Opportunity, Affirmative Action. To establish | 19 |
| Equal
Opportunity and Affirmative Action as the policies of | 20 |
| this State in all
of its decisions, programs and activities, | 21 |
| and to assure that all State
departments, boards, commissions | 22 |
| and instrumentalities rigorously take
affirmative action to | 23 |
| provide equality of opportunity and eliminate the
effects of | 24 |
| past discrimination in the internal affairs of State
government | 25 |
| and in their relations with the public.
| 26 |
| (H) Unfounded Charges. To protect citizens of this State | 27 |
| against
unfounded charges of unlawful discrimination, sexual | 28 |
| harassment in
employment and sexual harassment in higher | 29 |
| education, and discrimination
based on citizenship status in | 30 |
| employment.
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| (Source: P.A. 93-1078, eff. 1-1-06.)
| 32 |
| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 33 |
| (Text of Section before amendment by P.A. 93-1078 ) | 34 |
| Sec. 1-103. General Definitions. When used in this Act, | 35 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 2 |
| is at least
40 years old, except with regard to any practice | 3 |
| described in Section
2-102, insofar as that practice concerns | 4 |
| training or apprenticeship
programs. In the case of training or | 5 |
| apprenticeship programs, for the
purposes of Section 2-102, | 6 |
| "age" means the chronological age of a person
who is 18 but not | 7 |
| yet 40 years old.
| 8 |
| (B) Aggrieved Party. "Aggrieved party" means a person who | 9 |
| is alleged
or proved to have been injured by a civil rights | 10 |
| violation or believes he
or she will be injured by a civil | 11 |
| rights violation under Article 3 that is
about to occur.
| 12 |
| (C) Charge. "Charge" means an allegation filed with the | 13 |
| Department
by an aggrieved party or initiated by the Department | 14 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 16 |
| includes and
shall be limited to only those specific acts set | 17 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 18 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 19 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 21 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 23 |
| by
the Department with the Commission following an | 24 |
| investigation and
finding of substantial evidence of a civil | 25 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including | 27 |
| the
Department who files a charge of civil rights violation | 28 |
| with the Department or
the Commission.
| 29 |
| (H) Department. "Department" means the Department of Human | 30 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 32 |
| mental
characteristic of a person, including, but not limited | 33 |
| to, a determinable
physical characteristic which necessitates | 34 |
| the person's use of a guide,
hearing or support dog, the | 35 |
| history of such characteristic, or the
perception of such | 36 |
| characteristic by the person complained against, which
may |
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| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the | 4 |
| person's ability
to perform the duties of a particular job | 5 |
| or position and, pursuant to
Section 2-104 of this Act, a | 6 |
| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the | 8 |
| person's ability
to acquire, rent or maintain a housing | 9 |
| accommodation;
| 10 |
| (3) For purposes of Article 4, is unrelated to a | 11 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 13 |
| person's ability to
utilize and benefit from a place of | 14 |
| public accommodation.
| 15 |
| (J) Marital Status. "Marital status" means the legal status | 16 |
| of being
married, single, separated, divorced or widowed.
| 17 |
| (J-1) Military Status. "Military status" means a person's | 18 |
| status on
active duty in the armed forces of the United States, | 19 |
| status as a current member of any
reserve component of the | 20 |
| armed forces of the United States, including the United
States | 21 |
| Army Reserve, United States Marine Corps Reserve, United States | 22 |
| Navy
Reserve, United States Air Force Reserve, and United | 23 |
| States Coast Guard
Reserve, or status as a current member of | 24 |
| the Illinois Army National Guard or Illinois Air National
| 25 |
| Guard.
| 26 |
| (K) National Origin. "National origin" means the place in | 27 |
| which a
person or one of his or her ancestors was born.
| 28 |
| (L) Person. "Person" includes one or more individuals, | 29 |
| partnerships,
associations or organizations, labor | 30 |
| organizations, labor unions, joint
apprenticeship committees, | 31 |
| or union labor associations, corporations, the
State of | 32 |
| Illinois and its instrumentalities, political subdivisions, | 33 |
| units
of local government, legal representatives, trustees in | 34 |
| bankruptcy
or receivers.
| 35 |
| (M) Public Contract. "Public contract" includes every | 36 |
| contract to which the
State, any of its political subdivisions |
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LRB094 04172 RLC 34196 b |
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| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 3 |
| observance
and practice, as well as belief, except that with | 4 |
| respect to employers, for
the purposes of Article 2, "religion" | 5 |
| has the meaning ascribed to it in
paragraph (F) of Section | 6 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 9 |
| discharge"
includes discharges from the Armed Forces of the | 10 |
| United States, their
Reserve components or any National Guard | 11 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 12 |
| thereof, but does not include those
characterized as RE-4 or | 13 |
| "Dishonorable".
| 14 |
| (Q) Unlawful Discrimination. "Unlawful discrimination" | 15 |
| means discrimination
against a person because of his or her | 16 |
| race, color, religion, national origin,
ancestry, age, sex, | 17 |
| marital status, handicap, military status, or unfavorable
| 18 |
| discharge from military service as those terms are defined in | 19 |
| this Section.
| 20 |
| (Source: P.A. 93-941, eff. 8-16-04.)
| 21 |
| (Text of Section after amendment by P.A. 93-1078 ) | 22 |
| Sec. 1-103. General Definitions. When used in this Act, | 23 |
| unless the
context requires otherwise, the term:
| 24 |
| (A) Age. "Age" means the chronological age of a person who | 25 |
| is at least
40 years old, except with regard to any practice | 26 |
| described in Section
2-102, insofar as that practice concerns | 27 |
| training or apprenticeship
programs. In the case of training or | 28 |
| apprenticeship programs, for the
purposes of Section 2-102, | 29 |
| "age" means the chronological age of a person
who is 18 but not | 30 |
| yet 40 years old.
| 31 |
| (B) Aggrieved Party. "Aggrieved party" means a person who | 32 |
| is alleged
or proved to have been injured by a civil rights | 33 |
| violation or believes he
or she will be injured by a civil | 34 |
| rights violation under Article 3 that is
about to occur.
| 35 |
| (C) Charge. "Charge" means an allegation filed with the |
|
|
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HB0045 Engrossed |
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LRB094 04172 RLC 34196 b |
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| 1 |
| Department
by an aggrieved party or initiated by the Department | 2 |
| under its
authority.
| 3 |
| (D) Civil Rights Violation. "Civil rights violation" | 4 |
| includes and
shall be limited to only those specific acts set | 5 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 6 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 7 |
| Act.
| 8 |
| (E) Commission. "Commission" means the Human Rights | 9 |
| Commission
created by this Act.
| 10 |
| (F) Complaint. "Complaint" means the formal pleading filed | 11 |
| by
the Department with the Commission following an | 12 |
| investigation and
finding of substantial evidence of a civil | 13 |
| rights violation.
| 14 |
| (G) Complainant. "Complainant" means a person including | 15 |
| the
Department who files a charge of civil rights violation | 16 |
| with the Department or
the Commission.
| 17 |
| (H) Department. "Department" means the Department of Human | 18 |
| Rights
created by this Act.
| 19 |
| (I) Handicap. "Handicap" means a determinable physical or | 20 |
| mental
characteristic of a person, including, but not limited | 21 |
| to, a determinable
physical characteristic which necessitates | 22 |
| the person's use of a guide,
hearing or support dog, the | 23 |
| history of such characteristic, or the
perception of such | 24 |
| characteristic by the person complained against, which
may | 25 |
| result from disease, injury, congenital condition of birth or
| 26 |
| functional disorder and which characteristic:
| 27 |
| (1) For purposes of Article 2 is unrelated to the | 28 |
| person's ability
to perform the duties of a particular job | 29 |
| or position and, pursuant to
Section 2-104 of this Act, a | 30 |
| person's illegal use of drugs or alcohol is not a
handicap;
| 31 |
| (2) For purposes of Article 3, is unrelated to the | 32 |
| person's ability
to acquire, rent or maintain a housing | 33 |
| accommodation;
| 34 |
| (3) For purposes of Article 4, is unrelated to a | 35 |
| person's ability to
repay;
| 36 |
| (4) For purposes of Article 5, is unrelated to a |
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|
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| person's ability to
utilize and benefit from a place of | 2 |
| public accommodation.
| 3 |
| (I-5) Housing authority. "Housing authority" means either | 4 |
| a housing authority created under the Housing Authorities Act | 5 |
| or other government agency that is authorized by the United | 6 |
| States government under the United States Housing Act of 1937 | 7 |
| to administer a housing choice voucher program, or the | 8 |
| authorized agent of such a housing authority that is authorized | 9 |
| to act upon that authority's behalf.
| 10 |
| (J) Marital Status. "Marital status" means the legal status | 11 |
| of being
married, single, separated, divorced or widowed.
| 12 |
| (J-1) Military Status. "Military status" means a person's | 13 |
| status on
active duty in the armed forces of the United States, | 14 |
| status as a current member of any
reserve component of the | 15 |
| armed forces of the United States, including the United
States | 16 |
| Army Reserve, United States Marine Corps Reserve, United States | 17 |
| Navy
Reserve, United States Air Force Reserve, and United | 18 |
| States Coast Guard
Reserve, or status as a current member of | 19 |
| the Illinois Army National Guard or Illinois Air National
| 20 |
| Guard.
| 21 |
| (K) National Origin. "National origin" means the place in | 22 |
| which a
person or one of his or her ancestors was born.
| 23 |
| (L) Person. "Person" includes one or more individuals, | 24 |
| partnerships,
associations or organizations, labor | 25 |
| organizations, labor unions, joint
apprenticeship committees, | 26 |
| or union labor associations, corporations, the
State of | 27 |
| Illinois and its instrumentalities, political subdivisions, | 28 |
| units
of local government, legal representatives, trustees in | 29 |
| bankruptcy
or receivers.
| 30 |
| (M) Public Contract. "Public contract" includes every | 31 |
| contract to which the
State, any of its political subdivisions | 32 |
| or any municipal corporation is a
party.
| 33 |
| (N) Religion. "Religion" includes all aspects of religious | 34 |
| observance
and practice, as well as belief, except that with | 35 |
| respect to employers, for
the purposes of Article 2, "religion" | 36 |
| has the meaning ascribed to it in
paragraph (F) of Section |
|
|
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LRB094 04172 RLC 34196 b |
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| 2-101.
| 2 |
| (O) Sex. "Sex" means the status of being male or female.
| 3 |
| (O-1) Sexual orientation. "Sexual orientation" means | 4 |
| actual or
perceived heterosexuality, homosexuality, | 5 |
| bisexuality, or gender-related identity,
whether or not | 6 |
| traditionally associated with the person's designated sex at
| 7 |
| birth. "Sexual orientation" does not include a physical or | 8 |
| sexual attraction to a minor by an adult.
| 9 |
| (O-5) Source of Income. "Source of income" means any lawful | 10 |
| income, subsidy, or benefit with which an individual supports | 11 |
| himself or herself and his or her dependents, including, but | 12 |
| not limited to, child support, maintenance,
and any federal, | 13 |
| State, or local public assistance, medical assistance, or | 14 |
| rental assistance program.
| 15 |
| (P) Unfavorable Military Discharge. "Unfavorable military | 16 |
| discharge"
includes discharges from the Armed Forces of the | 17 |
| United States, their
Reserve components or any National Guard | 18 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 19 |
| thereof, but does not include those
characterized as RE-4 or | 20 |
| "Dishonorable".
| 21 |
| (Q) Unlawful Discrimination. "Unlawful discrimination" | 22 |
| means discrimination
against a person because of his or her | 23 |
| race, color, religion, national origin,
ancestry, age, sex, | 24 |
| marital status, handicap, military status, sexual
orientation,
| 25 |
| or unfavorable
discharge from military service as those terms | 26 |
| are defined in this Section.
| 27 |
| (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06.)
| 28 |
| (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 29 |
| Sec. 3-102. Civil Rights Violations; Real Estate | 30 |
| Transactions) It
is a civil rights violation for an owner or | 31 |
| any other person engaging in
a real estate transaction, or for | 32 |
| a real estate broker or salesman,
because of unlawful | 33 |
| discrimination or familial status or source of income in | 34 |
| connection with residential rental real estate transactions ,
| 35 |
| to
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LRB094 04172 RLC 34196 b |
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| (A) Transaction. Refuse to engage in a real estate | 2 |
| transaction with
a person or to discriminate in making | 3 |
| available such a transaction;
| 4 |
| (B) Terms. Alter the terms, conditions or privileges of a | 5 |
| real
estate transaction or in the furnishing of facilities or | 6 |
| services in
connection therewith;
| 7 |
| (C) Offer. Refuse to receive or to fail to transmit a bona | 8 |
| fide
offer to engage in a real estate transaction from a | 9 |
| person;
| 10 |
| (D) Negotiation. Refuse to negotiate for a real estate | 11 |
| transaction
with a person;
| 12 |
| (E) Representations. Represent to a person that real | 13 |
| property is
not available for inspection, sale, rental, or | 14 |
| lease when in fact it is
so available, or to fail to bring a | 15 |
| property listing to his or her
attention, or to refuse to | 16 |
| permit him or her to inspect real property;
| 17 |
| (F) Publication of Intent. Print, circulate, post, mail,
| 18 |
| publish or cause
to be so published a written or oral | 19 |
| statement, advertisement or sign,
or to use a form
of | 20 |
| application for a real estate transaction, or to make a record | 21 |
| or
inquiry in connection with a prospective real estate | 22 |
| transaction, which
expresses any limitation founded upon, or
| 23 |
| indicates, directly or indirectly, an intent to engage in | 24 |
| unlawful
discrimination;
| 25 |
| (G) Listings. Offer, solicit, accept, use or retain a | 26 |
| listing of
real property with knowledge that unlawful | 27 |
| discrimination or
discrimination on the basis of familial | 28 |
| status in a real estate
transaction is intended.
| 29 |
| Nothing in this Section 3-102 or in any municipal or county | 30 |
| ordinance described in Section 7-108 of this Act shall require | 31 |
| a housing authority, its designated property manager, or any | 32 |
| other housing authority agents or assigns of any housing | 33 |
| development project in which 25% or more of the units are owned | 34 |
| by a housing authority or subject to a leasing agreement, | 35 |
| regulatory and operating agreement, or other similar | 36 |
| instrument with a housing authority to lease or rent another |
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LRB094 04172 RLC 34196 b |
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| 1 |
| unit of that same housing development project to an existing or | 2 |
| prospective tenant who is receiving subsidies, payment | 3 |
| assistance, contributions, or vouchers under or in connection | 4 |
| with the federal Housing Choice Voucher (also known as Section | 5 |
| 8) program (42 U.S.C. 1437f) for payment of part or all of the | 6 |
| rent for the unit.
| 7 |
| Nothing in this Section 3-102, except with respect to | 8 |
| written statements prohibited by subdivision (F) of this | 9 |
| Section, shall require or prevent any person whose property is | 10 |
| located in a municipality with fewer than 1,000,000 | 11 |
| inhabitants, and is in a concentrated census tract where 3% of | 12 |
| the total housing stock in that census tract is occupied by | 13 |
| tenants relying on subsidies, payment assistance, | 14 |
| contributions, or vouchers under or in connection with the | 15 |
| federal Housing Choice Voucher (also known as Section 8) | 16 |
| program (42 U.S.C. 1437f) for payment of part of the rent for | 17 |
| the unit to lease or rent a unit to a prospective tenant who is | 18 |
| relying on such a subsidy, payment assistance, contribution, or | 19 |
| voucher for payment of part or all of the rent for the unit.
| 20 |
| The housing authority shall determine which census tracts | 21 |
| within its service area meet the concentrated census tract | 22 |
| exemption requirements and annually deliver that information | 23 |
| to the municipalities within its jurisdiction.
| 24 |
| Nothing in this Section 3-102 prevents an owner or agent | 25 |
| from taking into consideration factors other than lawful source | 26 |
| of income such as credit history, criminal history, or | 27 |
| references.
| 28 |
| Nothing in this Section 3-102 shall require or prevent any | 29 |
| person whose property fails to meet federal Housing Quality | 30 |
| Standards in connection with the federal Housing Choice Voucher | 31 |
| (also known as Section 8) program (42 U.S.C. 1437f) to lease or | 32 |
| rent a unit to a prospective tenant who is relying on such a | 33 |
| subsidy, payment assistance, contribution, or voucher for | 34 |
| payment of part or all of the rent for such unit.
| 35 |
| (Source: P.A. 86-910.)
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LRB094 04172 RLC 34196 b |
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| 1 |
| (775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
| 2 |
| Sec. 8A-104. Relief; Penalties. Upon finding a civil rights
| 3 |
| violation, a hearing officer may recommend and the Commission | 4 |
| or any
three-member panel thereof may provide for any relief or | 5 |
| penalty
identified in this Section, separately or in | 6 |
| combination, by entering an
order directing the respondent to:
| 7 |
| (A) Cease and Desist Order. Cease and desist from any | 8 |
| violation of
this Act.
| 9 |
| (B) Actual Damages. Pay actual damages, as reasonably | 10 |
| determined by
the Commission, for injury or loss suffered by | 11 |
| the complainant.
| 12 |
| (C) Hiring; Reinstatement; Promotion; Backpay; Fringe | 13 |
| Benefits.
Hire, reinstate or upgrade the complainant with or | 14 |
| without back pay or
provide such fringe benefits as the | 15 |
| complainant may have been denied.
| 16 |
| (D) Restoration of Membership; Admission To Programs. | 17 |
| Admit or
restore the complainant to labor organization | 18 |
| membership, to a guidance
program, apprenticeship training | 19 |
| program, on the job training program,
or other occupational | 20 |
| training or retraining program.
| 21 |
| (E) Public Accommodations. Admit the complainant to a | 22 |
| public
accommodation.
| 23 |
| (F) Services. Extend to the complainant the full and equal
| 24 |
| enjoyment of the goods, services, facilities, privileges, | 25 |
| advantages, or
accommodations of the respondent.
| 26 |
| (G) Attorneys Fees; Costs. Pay to the complainant all or a | 27 |
| portion
of the costs of maintaining the action, including | 28 |
| reasonable attorney
fees and expert witness fees incurred in | 29 |
| maintaining this action before the
Department, the Commission | 30 |
| and in any judicial review and judicial
enforcement | 31 |
| proceedings. Provided, however, that no award of attorney
fees | 32 |
| or costs shall be made pursuant to this amendatory Act of 1987 | 33 |
| with
respect to any charge for which the complaint before the | 34 |
| Commission was
filed prior to December 1, 1987. With respect to | 35 |
| all charges for which
complaints were filed with the Commission | 36 |
| prior to December 1, 1987,
attorney fees and costs shall be |
|
|
|
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LRB094 04172 RLC 34196 b |
|
| 1 |
| awarded pursuant to the terms of this
subsection as it existed | 2 |
| prior to revision by this amendatory Act of 1987.
| 3 |
| (H) Compliance Report. Report as to the manner of | 4 |
| compliance.
| 5 |
| (I) Posting of Notices. Post notices in a conspicuous place | 6 |
| which
the Commission may publish or cause to be published | 7 |
| setting forth
requirements for compliance with this Act or | 8 |
| other relevant information
which the Commission determines | 9 |
| necessary to explain this Act.
| 10 |
| (I-1) Training. Participate in training by the Department | 11 |
| or other such training as is necessary to prevent future civil | 12 |
| rights violations.
| 13 |
| (J) Make Complainant Whole. Take such action as may be | 14 |
| necessary to make
the individual complainant whole, including, | 15 |
| but not limited to, awards of
interest on the complainant's | 16 |
| actual damages and backpay from the date of the
civil rights | 17 |
| violation. Provided, however, that no award of prejudgment
| 18 |
| interest shall be made pursuant to this amendatory Act of 1987 | 19 |
| with respect
to any charge in which the complaint before the | 20 |
| Commission was filed prior
to December 1, 1987. With respect to | 21 |
| all charges for which complaints were
filed with the Commission | 22 |
| prior to December 1, 1987, make whole relief
shall be awarded | 23 |
| pursuant to this subsection as it existed prior to
revision by | 24 |
| this amendatory Act of 1987.
| 25 |
| There shall be no distinction made under this Section | 26 |
| between complaints
filed by the Department and those filed by | 27 |
| the aggrieved party.
| 28 |
| (Source: P.A. 86-910.)
| 29 |
| (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
| 30 |
| Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
| 31 |
| violation, a hearing officer may recommend and the Commission | 32 |
| or any
three-member panel thereof may provide for any relief or | 33 |
| penalty
identified in this Section, separately or in | 34 |
| combination, by entering an
order directing the respondent to:
| 35 |
| (A) Cease and Desist Order. Cease and desist from any |
|
|
|
HB0045 Engrossed |
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LRB094 04172 RLC 34196 b |
|
| 1 |
| violation of
this Act.
| 2 |
| (B) Actual Damages. Pay actual damages, as reasonably | 3 |
| determined by
the Commission, for injury or loss suffered by | 4 |
| the complainant.
| 5 |
| (C) Civil Penalty. Pay a civil penalty to vindicate the | 6 |
| public interest:
| 7 |
| (i) in an amount not exceeding $10,000 if the respondent | 8 |
| has not been
adjudged to have committed any prior civil rights | 9 |
| violation under Article 3;
| 10 |
| (ii) in an amount not exceeding $25,000 if the respondent | 11 |
| has been
adjudged to have committed one other civil rights | 12 |
| violation under Article 3 during
the 5-year period ending on | 13 |
| the date of the filing of this charge; and
| 14 |
| (iii) in an amount not exceeding $50,000 if the respondent | 15 |
| has been
adjudged to have committed 2 or more civil rights | 16 |
| violations under Article 3
during the 7-year period ending on | 17 |
| the date of the filing of this charge;
except that if the acts | 18 |
| constituting the civil rights violation
that is the object of | 19 |
| the charge are committed by the same natural person
who has | 20 |
| been previously adjudged to have committed acts constituting a
| 21 |
| civil rights violation under Article 3, then the civil | 22 |
| penalties set forth in
subparagraphs (ii) and (iii) may be | 23 |
| imposed without regard to the period
of time within which any | 24 |
| subsequent civil rights violation under Article 3 occurred.
| 25 |
| (D) Attorney Fees; Costs. Pay to the complainant all or a | 26 |
| portion
of the costs of maintaining the action, including | 27 |
| reasonable attorneys
fees and expert witness fees incurred in | 28 |
| maintaining this action before the
Department, the Commission | 29 |
| and in any judicial review and judicial
enforcement | 30 |
| proceedings.
| 31 |
| (E) Compliance Report. Report as to the manner of | 32 |
| compliance.
| 33 |
| (F) Posting of Notices. Post notices in a conspicuous place | 34 |
| which
the Commission may publish or cause to be published | 35 |
| setting forth
requirements for compliance with this Act or | 36 |
| other relevant information
which the Commission determines |
|
|
|
HB0045 Engrossed |
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LRB094 04172 RLC 34196 b |
|
| 1 |
| necessary to explain this Act.
| 2 |
| (F-1) Training. Participate in Fair Housing training by the | 3 |
| Department or other such training as is necessary to prevent | 4 |
| future civil rights violations.
| 5 |
| (G) Make Complainant Whole. Take such action as may be | 6 |
| necessary to make
the individual complainant whole, including, | 7 |
| but not limited to, awards of
interest on the complainant's | 8 |
| actual damages from the date of the
civil rights violation.
| 9 |
| (Source: P.A. 86-910.)
| 10 |
| Section 95. No acceleration or delay. Where this Act makes | 11 |
| changes in a
statute that is represented in this Act by text | 12 |
| that is not yet or no longer in
effect (for example, a Section | 13 |
| represented by multiple versions), the use of
that text does | 14 |
| not accelerate or delay the taking effect of (i) the changes
| 15 |
| made by this Act or (ii) provisions derived from any other | 16 |
| Public Act.
| 17 |
| Section 99. Effective date. This Act takes effect January | 18 |
| 31, 2006. |
|