Full Text of HB3010 97th General Assembly
HB3010enr 97TH GENERAL ASSEMBLY |
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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 5. The Illinois Human Rights Act is amended by | 5 | | changing 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, | 8 | | unless the
context requires otherwise, the term:
| 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.
| 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.
| 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.
| 23 | | (D) Civil Rights Violation. "Civil rights violation" |
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| 1 | | includes and
shall be limited to only those specific acts set | 2 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 3 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 4 | | 6-101, and 6-102 of this Act.
| 5 | | (E) Commission. "Commission" means the Human Rights | 6 | | Commission
created by this Act.
| 7 | | (F) Complaint. "Complaint" means the formal pleading filed | 8 | | by
the Department with the Commission following an | 9 | | investigation and
finding of substantial evidence of a civil | 10 | | rights violation.
| 11 | | (G) Complainant. "Complainant" means a person including | 12 | | the
Department who files a charge of civil rights violation | 13 | | with the Department or
the Commission.
| 14 | | (H) Department. "Department" means the Department of Human | 15 | | Rights
created by this Act.
| 16 | | (I) Disability. "Disability" means a determinable physical | 17 | | or mental
characteristic of a person, including, but not | 18 | | limited to, a determinable
physical characteristic which | 19 | | necessitates the person's use of a guide,
hearing or support | 20 | | dog, the history of such characteristic, or the
perception of | 21 | | such characteristic by the person complained against, which
may | 22 | | result from disease, injury, congenital condition of birth or
| 23 | | functional disorder and which characteristic:
| 24 | | (1) For purposes of Article 2 is unrelated to the | 25 | | person's ability
to perform the duties of a particular job | 26 | | or position and, pursuant to
Section 2-104 of this Act, a |
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| 1 | | person's illegal use of drugs or alcohol is not a
| 2 | | disability;
| 3 | | (2) For purposes of Article 3, is unrelated to the | 4 | | person's ability
to acquire, rent or maintain a housing | 5 | | accommodation;
| 6 | | (3) For purposes of Article 4, is unrelated to a | 7 | | person's ability to
repay;
| 8 | | (4) For purposes of Article 5, is unrelated to a | 9 | | person's ability to
utilize and benefit from a place of | 10 | | public accommodation.
| 11 | | (5) For purposes of Article 5, also includes any | 12 | | mental, psychological, or developmental disability, | 13 | | including autism spectrum disorders. | 14 | | (J) Marital Status. "Marital status" means the legal status | 15 | | of being
married, single, separated, divorced or widowed.
| 16 | | (J-1) Military Status. "Military status" means a person's | 17 | | status on
active duty in or status as a veteran of the armed | 18 | | forces of the United States, status as a current member or | 19 | | veteran of any
reserve component of the armed forces of the | 20 | | United States, including the United
States Army Reserve, United | 21 | | States Marine Corps Reserve, United States Navy
Reserve, United | 22 | | States Air Force Reserve, and United States Coast Guard
| 23 | | Reserve, or status as a current member or veteran of the | 24 | | Illinois Army National Guard or Illinois Air National
Guard.
| 25 | | (K) National Origin. "National origin" means the place in | 26 | | which a
person or one of his or her ancestors was born.
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| 1 | | (K-5) "Order of protection status" means a person's status | 2 | | as being a person protected under an order of protection issued | 3 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 4 | | order of protection issued by a court of another state. | 5 | | (L) Person. "Person" includes one or more individuals, | 6 | | partnerships,
associations or organizations, labor | 7 | | organizations, labor unions, joint
apprenticeship committees, | 8 | | or union labor associations, corporations, the
State of | 9 | | Illinois and its instrumentalities, political subdivisions, | 10 | | units
of local government, legal representatives, trustees in | 11 | | bankruptcy
or receivers.
| 12 | | (M) Public Contract. "Public contract" includes every | 13 | | contract to which the
State, any of its political subdivisions | 14 | | or any municipal corporation is a
party.
| 15 | | (N) Religion. "Religion" includes all aspects of religious | 16 | | observance
and practice, as well as belief, except that with | 17 | | respect to employers, for
the purposes of Article 2, "religion" | 18 | | has the meaning ascribed to it in
paragraph (F) of Section | 19 | | 2-101.
| 20 | | (O) Sex. "Sex" means the status of being male or female.
| 21 | | (O-1) Sexual orientation. "Sexual orientation" means | 22 | | actual or
perceived heterosexuality, homosexuality, | 23 | | bisexuality, or gender-related identity,
whether or not | 24 | | traditionally associated with the person's designated sex at
| 25 | | birth. "Sexual orientation" does not include a physical or | 26 | | sexual attraction to a minor by an adult.
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| 1 | | (P) Unfavorable Military Discharge. "Unfavorable military | 2 | | discharge"
includes discharges from the Armed Forces of the | 3 | | United States, their
Reserve components or any National Guard | 4 | | or Naval Militia which are
classified as RE-3 or the equivalent | 5 | | thereof, but does not include those
characterized as RE-4 or | 6 | | "Dishonorable".
| 7 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 8 | | means discrimination
against a person because of his or her | 9 | | race, color, religion, national origin,
ancestry, age, sex, | 10 | | marital status, order of protection status, disability, | 11 | | military status, sexual
orientation,
or unfavorable
discharge | 12 | | from military service as those terms are defined in this | 13 | | Section.
| 14 | | (Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07; | 15 | | 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff. | 16 | | 1-1-10.)
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