Full Text of HB3980 93rd General Assembly
HB3980 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB3980
Introduced 1/5/2004, by Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/1-102 |
from Ch. 68, par. 1-102 |
775 ILCS 5/Art. 5A heading |
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775 ILCS 5/5A-101 |
from Ch. 68, par. 5A-101 |
775 ILCS 5/5A-102 |
from Ch. 68, par. 5A-102 |
775 ILCS 5/6-101 |
from Ch. 68, par. 6-101 |
775 ILCS 5/7-106 |
from Ch. 68, par. 7-106 |
775 ILCS 5/7-108 |
from Ch. 68, par. 7-108 |
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Amends provisions of the Illinois Human Rights Act
prohibiting
sexual harassment in higher education so that they also apply to sexual
harassment in
elementary schools and high schools.
Effective immediately. |
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A BILL FOR
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HB3980 |
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LRB093 15088 WGH 40677 b |
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| AN ACT concerning 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, 5A-101, 5A-102, 6-101, 7-106, and | 6 |
| 7-108 and the heading of Article 5A as follows:
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| Sec. 1-102. Declaration of Policy. It is the public policy | 9 |
| of this State:
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| (A) Freedom from Unlawful Discrimination. To secure for all | 11 |
| individuals
within Illinois the freedom from discrimination | 12 |
| against any individual because
of his or her race, color, | 13 |
| religion, sex, national origin, ancestry, age,
marital status, | 14 |
| physical or mental handicap, military status, or unfavorable
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| discharge from military service in connection with employment, | 16 |
| real estate
transactions, access to financial credit, and the | 17 |
| availability of public
accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher
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| Education.
To prevent sexual harassment in employment and | 20 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 22 |
| Status-Employment.
To prevent discrimination based on | 23 |
| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial | 25 |
| Status-Real Estate
Transactions. To prevent discrimination | 26 |
| based on familial status in real
estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the | 28 |
| public health,
welfare and safety by protecting the interest of | 29 |
| 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 | 32 |
| State.
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| (F) Implementation of Constitutional Guarantees. To secure | 2 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 3 |
| of Article I
of the Illinois Constitution of 1970.
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| (G) Equal Opportunity, Affirmative Action. To establish | 5 |
| Equal
Opportunity and Affirmative Action as the policies of | 6 |
| this State in all
of its decisions, programs and activities, | 7 |
| and to assure that all State
departments, boards, commissions | 8 |
| and instrumentalities rigorously take
affirmative action to | 9 |
| provide equality of opportunity and eliminate the
effects of | 10 |
| past discrimination in the internal affairs of State
government | 11 |
| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State | 13 |
| against
unfounded charges of unlawful discrimination, sexual | 14 |
| harassment in
employment and sexual harassment in higher
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| education, and discrimination
based on citizenship status in | 16 |
| employment.
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| (Source: P.A. 87-579; 88-178.)
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| (775 ILCS 5/Art. 5A heading) | 19 |
| ARTICLE 5A. HIGHER EDUCATION
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| (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
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| Sec. 5A-101. Definitions. The following definitions are | 22 |
| applicable
strictly in the content of this Article, except that | 23 |
| the term "sexual
harassment
in higher education" as defined | 24 |
| herein has the meaning herein ascribed to
it whenever that term | 25 |
| is used anywhere in this Act.
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| (A) Educational Institution of Higher Education . | 27 |
| " Educational
institution of higher education "
means : (1) a
any
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| publicly or privately operated university, college,
community
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| college, junior college, business or vocational school, or | 30 |
| other educational
institution offering degrees and instruction | 31 |
| beyond the high
secondary
school level ; or
(2) a publicly or | 32 |
| privately operated elementary school or high school .
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| (B) Degree. "Degree" means : (1) a
any designation, | 34 |
| appellation,
series of letters
or words or other symbols which |
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| signifies or purports to signify that the
recipient thereof has | 2 |
| satisfactorily completed an organized academic, business
or | 3 |
| vocational program of study offered beyond the high
secondary
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| school level ; or (2) a designation signifying that the | 5 |
| recipient has
graduated from an elementary school or high | 6 |
| school .
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| (C) Student. "Student" means any individual admitted to or | 8 |
| applying for
admission to an educational institution of higher | 9 |
| education , or
enrolled on a full or
part time basis in a course | 10 |
| or program of academic, business or vocational
instruction | 11 |
| offered by or through an educational institution of higher
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| education .
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| (D) Higher Education Representative. " Higher Education
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| representative"
means and includes the president, chancellor | 15 |
| or other holder of any executive
office on the administrative | 16 |
| staff of an institution of higher education,
an administrator | 17 |
| of an elementary school or high school, a
and any member of the | 18 |
| faculty of an institution of higher education,
including
but | 19 |
| not limited to a dean or associate or assistant dean, a | 20 |
| professor or
associate or assistant professor, and a full or | 21 |
| part time instructor or
visiting professor, including a | 22 |
| graduate assistant or other student who
is employed on a | 23 |
| temporary basis of less than full time as a teacher or
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| instructor of any course or program of academic, business or | 25 |
| vocational
instruction offered by or through an institution of | 26 |
| higher education , and any
teacher, instructor, or other | 27 |
| employee of an elementary school or high school .
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| (E) Sexual Harassment in Higher Education. "Sexual | 29 |
| harassment in
higher
education" means any unwelcome sexual | 30 |
| advances or requests for sexual favors
made by an
a higher
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| education representative to a student, or any
conduct of
a | 32 |
| sexual nature exhibited by an
a higher education representative
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| toward a
student, when such conduct has the purpose of | 34 |
| substantially interfering
with the student's educational | 35 |
| performance or creating an intimidating,
hostile or offensive | 36 |
| educational environment; or when the higher education
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| representative either explicitly or implicitly makes the | 2 |
| student's submission
to such conduct a term or condition of, or | 3 |
| uses the student's submission
to or rejection of such conduct | 4 |
| as a basis for determining:
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| (1) Whether the student will be admitted to an educational
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| institution
of higher education ;
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| (2) The educational performance required or expected of the | 8 |
| student;
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| (3) The attendance or assignment requirements applicable | 10 |
| to the student;
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| (4) To what courses, fields of study or programs, including | 12 |
| honors and
graduate programs, the student will be admitted;
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| (5) What placement or course proficiency requirements are | 14 |
| applicable to the
student;
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| (6) The quality of instruction the student will receive;
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| (7) What tuition or fee requirements are applicable to the | 17 |
| student;
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| (8) What scholarship opportunities are available to the | 19 |
| student;
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| (9) What extracurricular teams the student will be a member | 21 |
| of or in what
extracurricular competitions the student will | 22 |
| participate;
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| (10) Any grade the student will receive in any examination | 24 |
| or in any course
or program of instruction in which the student | 25 |
| is enrolled;
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| (11) The progress of the student toward successful | 27 |
| completion of or graduation
from any course or program of | 28 |
| instruction in which the student is enrolled; or
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| (12) What degree, if any, the student will receive.
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| (Source: P.A. 83-91.)
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| (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
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| Sec. 5A-102. Civil Rights Violations;
Violations-Higher
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| Education.
It is a civil
rights violation:
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| (A) Higher Education Representative. For an
any higher
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| education representative
to commit or engage in sexual |
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| harassment in higher education.
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| (B) Educational Institution of Higher Education . For an
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| educational
any institution of higher education
to fail to take | 4 |
| remedial action, or to fail to take appropriate disciplinary
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| action against an
a higher education representative employed by | 6 |
| such
institution,
when such institution knows that such higher
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| education representative was
committing or engaging in or | 8 |
| committed or engaged
in sexual harassment in higher education.
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| (Source: P.A. 83-91.)
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| (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
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| Sec. 6-101. Additional Civil Rights Violations. It is a | 12 |
| civil rights
violation for a person, or for two or more persons | 13 |
| to conspire, to:
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| (A) Retaliation. Retaliate against a person because he or | 15 |
| she has
opposed that which he or she reasonably and in good | 16 |
| faith believes to be
unlawful discrimination, sexual | 17 |
| harassment in employment or sexual
harassment in higher
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| education, discrimination based on citizenship status
in | 19 |
| employment, or because he or she has made a charge, filed a | 20 |
| complaint,
testified, assisted, or participated in an | 21 |
| investigation, proceeding, or
hearing under this Act;
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| (B) Aiding and Abetting; Coercion. Aid, abet, compel or | 23 |
| coerce a
person to commit any violation of this Act;
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| (C) Interference. Wilfully interfere with the performance | 25 |
| of a duty
or the exercise of a power by the Commission or one of | 26 |
| its members or
representatives or the Department or one of its | 27 |
| officers or employees.
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| (D) Definitions. For the purposes of this Section, "sexual
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| harassment" and "citizenship status" shall have the same | 30 |
| meaning as defined in
Section 2-101 of this Act.
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| (Source: P.A. 87-579.)
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| (775 ILCS 5/7-106) (from Ch. 68, par. 7-106)
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| Sec. 7-106. Recruitment; Research; Public Communication) | 34 |
| For the purpose
of promoting equal employment and housing |
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| opportunities and eliminating
unlawful discrimination, sexual | 2 |
| harassment in employment and sexual
harassment in higher
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| education, the Department shall have authority to:
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| (A) Recruitment. Cooperate with public and private | 5 |
| organizations, as
well as the Department of Central Management | 6 |
| Services, in encouraging
individuals in underrepresented | 7 |
| classifications to seek employment in
state government.
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| (B) Publications; Research. Issue publications, conduct | 9 |
| research, and
make surveys as it deems necessary.
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| (C) Public Hearings. Hold public hearings to obtain | 11 |
| information from
the general public on the effectiveness of the | 12 |
| state's equal employment
opportunity program and the | 13 |
| protection against unlawful discrimination,
sexual harassment | 14 |
| in employment and sexual harassment in higher
education | 15 |
| afforded by this Act and to accept public recommendations
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| concerning changes in the program and the Act for inclusion in | 17 |
| its
annual report.
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| (D) Promotion of Communication and Goodwill. Establish a | 19 |
| program to
cooperate with civic, religious and educational | 20 |
| organizations in order to
improve human communication and | 21 |
| understanding, foster equal opportunities
in employment and | 22 |
| housing, and promote and encourage communication,
goodwill and | 23 |
| interfaith and interracial harmony.
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| (Source: P.A. 85-1229; 86-1343.)
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| (775 ILCS 5/7-108) (from Ch. 68, par. 7-108)
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| Sec. 7-108. Local Departments, Commissions.
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| (A) Authority.
A political subdivision, or two or more | 28 |
| political subdivisions
acting jointly, may create a local | 29 |
| department or commission as it or they
see fit to promote the | 30 |
| purposes of this Act and to secure for all individuals
within | 31 |
| the jurisdiction of the political subdivision or subdivisions | 32 |
| freedom
from unlawful discrimination, sexual harassment in | 33 |
| employment
and sexual harassment in higher education. The | 34 |
| provisions of any ordinance
enacted by any municipality or | 35 |
| county which prohibits broader or different
categories of |
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| discrimination than are prohibited by this Act are not
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| invalidated or affected by this Act.
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| (B) Concurrent Jurisdiction. When the Department and a | 4 |
| local department
or commission have concurrent jurisdiction | 5 |
| over a complaint, either may
transfer the complaint to the | 6 |
| other under regulations established by the
Department.
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| (C) Exclusive Jurisdiction. When the Department or a local | 8 |
| department
or commission has jurisdiction over a complaint and | 9 |
| the other does not,
the Department or local department or | 10 |
| commission without jurisdiction may
transfer the complaint to | 11 |
| the other under regulations established by the
Department.
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| (D) To secure and guarantee the rights established by
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| Sections 17, 18 and 19 of Article I of the Illinois | 14 |
| Constitution,
any ordinance, resolution, rule or regulation of | 15 |
| any county,
municipality or other unit of local government or | 16 |
| of any local
department or commission which prohibits, | 17 |
| restricts, narrows or limits the
housing choice of any person | 18 |
| is unenforceable and void. Nothing in this
amendatory Act of | 19 |
| 1981 prohibits a unit of local government from making
special | 20 |
| outreach efforts to inform members of minority groups of | 21 |
| housing
opportunities available in areas of majority white | 22 |
| concentration and make
similar efforts to inform the majority | 23 |
| white population of available
housing opportunities located in | 24 |
| areas of minority concentration. This
paragraph is applicable | 25 |
| to home rule units as well as non-home rule units.
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| Pursuant to Article VII, Section 6, paragraph (i) of the
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| Illinois Constitution, this amendatory Act of 1981 is a | 28 |
| limitation
of the power of home rule units.
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| (Source: P.A. 85-1229; 86-1343.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
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