Full Text of HB1063 94th General Assembly
HB1063ham004 94TH GENERAL ASSEMBLY
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Rep. David Reis
Filed: 5/16/2005
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| AMENDMENT TO HOUSE BILL 1063
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| AMENDMENT NO. ______. Amend House Bill 1063, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Human Rights Act is amended by | 6 |
| changing Sections 2-101 and 5-103 as follows:
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| (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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| Sec. 2-101. Definitions. The following definitions are | 9 |
| applicable
strictly in the context of this Article.
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| (A) Employee.
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| (1) "Employee" includes:
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| (a) Any individual performing services for | 13 |
| remuneration within this
State for an employer;
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| (b) An apprentice;
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| (c) An applicant for any apprenticeship.
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| (2) "Employee" does not include:
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| (a) Domestic servants in private homes;
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| (b) Individuals employed by persons who are not | 19 |
| "employers" as
defined by this Act;
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| (c) Elected public officials or the members of | 21 |
| their immediate
personal staffs;
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| (d) Principal administrative officers of the State | 23 |
| or of any
political subdivision, municipal corporation | 24 |
| or other governmental unit
or agency;
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| (e) A person in a vocational rehabilitation | 2 |
| facility certified under
federal law who has been | 3 |
| designated an evaluee, trainee, or work
activity | 4 |
| client.
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| (B) Employer.
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| (1) "Employer" includes:
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| (a) Any person employing 15 or more employees | 8 |
| within Illinois during
20 or more calendar weeks within | 9 |
| the calendar year of or preceding the alleged
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| violation;
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| (b) Any person employing one or more employees when | 12 |
| a complainant
alleges civil rights violation due to | 13 |
| unlawful discrimination based
upon his or her physical | 14 |
| or mental handicap unrelated to ability or
sexual | 15 |
| harassment;
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| (c) The State and any political subdivision, | 17 |
| municipal corporation
or other governmental unit or | 18 |
| agency, without regard to the number of
employees;
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| (d) Any party to a public contract without regard | 20 |
| to the number of
employees;
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| (e) A joint apprenticeship or training committee | 22 |
| without regard to the
number of employees.
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| (2) "Employer" does not include (a) any religious | 24 |
| organization, association, or society acting upon the | 25 |
| tenets of its faith; (b) any non-profit institution or | 26 |
| organization operated or controlled by and acting upon the | 27 |
| tenets of faith of such a religious organization, | 28 |
| association, or society; or (c) without limiting any of the | 29 |
| foregoing, any religious corporation, association, | 30 |
| educational institution, society, or non-profit | 31 |
| institution conducted by and for those who rely upon | 32 |
| treatment by prayer through spiritual means in accordance | 33 |
| with the tenets of a recognized church or religious | 34 |
| denomination with respect to the employment of individuals |
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| of a particular religion to perform work connected with the | 2 |
| carrying on by such corporation, association, educational | 3 |
| institution, society, or non-profit nursing institution of | 4 |
| its activities.
any religious corporation,
association, | 5 |
| educational institution, society, or non-profit nursing
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| institution conducted by and for those who rely upon | 7 |
| treatment by prayer
through spiritual means in accordance | 8 |
| with the tenets of a recognized
church or religious | 9 |
| denomination with respect to the employment of
individuals | 10 |
| of a particular religion to perform work connected with the
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| carrying on by such corporation, association, educational | 12 |
| institution,
society or non-profit nursing institution of | 13 |
| its activities.
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| (C) Employment Agency. "Employment Agency" includes both | 15 |
| public and
private employment agencies and any person, labor | 16 |
| organization, or labor
union having a hiring hall or hiring | 17 |
| office regularly undertaking, with
or without compensation, to | 18 |
| procure opportunities to work, or to
procure, recruit, refer or | 19 |
| place employees.
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| (D) Labor Organization. "Labor Organization" includes any
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| organization, labor union, craft union, or any voluntary | 22 |
| unincorporated
association designed to further the cause of the | 23 |
| rights of union labor
which is constituted for the purpose, in | 24 |
| whole or in part, of collective
bargaining or of dealing with | 25 |
| employers concerning grievances, terms or
conditions of | 26 |
| employment, or apprenticeships or applications for
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| apprenticeships, or of other mutual aid or protection in | 28 |
| connection with
employment, including apprenticeships or | 29 |
| applications for apprenticeships.
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| (E) Sexual Harassment. "Sexual harassment" means any | 31 |
| unwelcome sexual
advances or requests for sexual favors or any | 32 |
| conduct of a sexual nature
when (1) submission to such conduct | 33 |
| is made either explicitly or implicitly
a term or condition of | 34 |
| an individual's employment, (2) submission to or
rejection of |
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| such conduct by an individual is used as the basis for
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| employment decisions affecting such individual, or (3) such | 3 |
| conduct has the
purpose or effect of substantially interfering | 4 |
| with an individual's work
performance or creating an | 5 |
| intimidating, hostile or offensive working
environment.
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| (F) Religion. "Religion" with respect to employers | 7 |
| includes all
aspects of religious observance and practice, as | 8 |
| well as belief, unless an
employer demonstrates that he is | 9 |
| unable to reasonably accommodate an
employee's or prospective | 10 |
| employee's religious observance or practice
without undue | 11 |
| hardship on the conduct of the employer's business.
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| (G) Public Employer. "Public employer" means the State, an | 13 |
| agency or
department thereof, unit of local government, school | 14 |
| district,
instrumentality or political subdivision.
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| (H) Public Employee. "Public employee" means an employee of | 16 |
| the State,
agency or department thereof, unit of local | 17 |
| government, school district,
instrumentality or political | 18 |
| subdivision. "Public employee" does not include
public | 19 |
| officers or employees of the General Assembly or agencies | 20 |
| thereof.
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| (I) Public Officer. "Public officer" means a person who is | 22 |
| elected to
office pursuant to the Constitution or a statute or | 23 |
| ordinance, or who is
appointed to an office which is | 24 |
| established, and the qualifications and
duties of which are | 25 |
| prescribed, by the Constitution or a statute or
ordinance, to | 26 |
| discharge a public duty for the State, agency or department
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| thereof, unit of local government, school district, | 28 |
| instrumentality or
political subdivision.
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| (J) Eligible Bidder. "Eligible bidder" means a person who, | 30 |
| prior to a
bid opening, has filed with the Department a | 31 |
| properly completed, sworn and
currently valid employer report | 32 |
| form, pursuant to the Department's regulations.
The provisions | 33 |
| of this Article relating to eligible bidders apply only
to bids | 34 |
| on contracts with the State and its departments, agencies, |
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| boards,
and commissions, and the provisions do not apply to | 2 |
| bids on contracts with
units of local government or school | 3 |
| districts.
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| (K) Citizenship Status. "Citizenship status" means the | 5 |
| status of being:
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| (1) a born U.S. citizen;
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| (2) a naturalized U.S. citizen;
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| (3) a U.S. national; or
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| (4) a person born outside the United States and not a | 10 |
| U.S. citizen who
is not an unauthorized alien and who is | 11 |
| protected from discrimination under
the provisions of | 12 |
| Section 1324b of Title 8 of the United States Code, as
now | 13 |
| or hereafter amended.
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| (Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
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| (775 ILCS 5/5-103) (from Ch. 68, par. 5-103)
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| Sec. 5-103. Exemption. Nothing in this Article shall apply | 17 |
| to:
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| (A) Private Club. A private club, or other establishment | 19 |
| not in fact open
to the public, except to the extent that the | 20 |
| goods, services, facilities,
privileges, advantages, or | 21 |
| accommodations of the establishment are made
available to the | 22 |
| customers or patrons of another establishment that is a
place | 23 |
| of public accommodation.
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| (B) Facilities Distinctly Private. Any facility, as to | 25 |
| discrimination
based on sex, which restricts the use of public | 26 |
| accommodations to individuals of one sex and which is | 27 |
| distinctly private in nature such as restrooms, bathrooms, | 28 |
| shower
rooms, changing rooms, bath houses, health clubs and | 29 |
| other similar facilities for which
the Department, in its rules | 30 |
| and regulations, may grant additional exemptions based
on bona | 31 |
| fide considerations of public policy.
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| (C) Inn, Hotel, Rooming House. Any facility, as to | 33 |
| discrimination based
on sex, which restricts the rental of |
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| rooms to individuals of one sex.
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| (Source: P.A. 85-567.)".
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