Full Text of SB0593 95th General Assembly
SB0593eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| 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, 3-102.1, 3-104.1, 5-101, and | 6 |
| 5-102 and by adding Section 5-102.1 as follows: | 7 |
| (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 disability
handicap , military
status, | 15 |
| sexual orientation, or unfavorable
discharge from military | 16 |
| service in connection with employment, real estate
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| transactions, access to financial credit, and the availability | 18 |
| 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 |
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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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| (E) Public Health, Welfare and Safety. To promote the | 6 |
| public health,
welfare and safety by protecting the interest of | 7 |
| all people in Illinois
in maintaining personal dignity, in | 8 |
| realizing their full productive
capacities, and in furthering | 9 |
| their interests, rights and privileges as
citizens of this | 10 |
| State.
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| (F) Implementation of Constitutional Guarantees. To secure | 12 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 13 |
| of Article I
of the Illinois Constitution of 1970.
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| (G) Equal Opportunity, Affirmative Action. To establish | 15 |
| Equal
Opportunity and Affirmative Action as the policies of | 16 |
| this State in all
of its decisions, programs and activities, | 17 |
| and to assure that all State
departments, boards, commissions | 18 |
| and instrumentalities rigorously take
affirmative action to | 19 |
| provide equality of opportunity and eliminate the
effects of | 20 |
| past discrimination in the internal affairs of State
government | 21 |
| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State | 23 |
| against
unfounded charges of unlawful discrimination, sexual | 24 |
| harassment in
employment and sexual harassment in higher | 25 |
| education, and discrimination
based on citizenship status in | 26 |
| employment.
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| (Source: P.A. 93-1078, eff. 1-1-06 .)
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| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 3 |
| Sec. 1-103. General Definitions. When used in this Act, | 4 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 6 |
| is at least
40 years old, except with regard to any practice | 7 |
| described in Section
2-102, insofar as that practice concerns | 8 |
| training or apprenticeship
programs. In the case of training or | 9 |
| apprenticeship programs, for the
purposes of Section 2-102, | 10 |
| "age" means the chronological age of a person
who is 18 but not | 11 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 13 |
| is alleged
or proved to have been injured by a civil rights | 14 |
| violation or believes he
or she will be injured by a civil | 15 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 17 |
| Department
by an aggrieved party or initiated by the Department | 18 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 20 |
| includes and
shall be limited to only those specific acts set | 21 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 22 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 23 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 25 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 2 |
| by
the Department with the Commission following an | 3 |
| investigation and
finding of substantial evidence of a civil | 4 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including | 6 |
| the
Department who files a charge of civil rights violation | 7 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 9 |
| Rights
created by this Act.
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| (I) Disability
Handicap . "Disability"
"Handicap" means a | 11 |
| determinable physical or mental
characteristic of a person, | 12 |
| including, but not limited to, a determinable
physical | 13 |
| characteristic which necessitates the person's use of a guide,
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| hearing or support dog, the history of such characteristic, or | 15 |
| the
perception of such characteristic by the person complained | 16 |
| against, which
may result from disease, injury, congenital | 17 |
| condition of birth or
functional disorder and which | 18 |
| characteristic:
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| (1) For purposes of Article 2 is unrelated to the | 20 |
| person's ability
to perform the duties of a particular job | 21 |
| or position and, pursuant to
Section 2-104 of this Act, a | 22 |
| person's illegal use of drugs or alcohol is not a
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| disability
handicap ;
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| (2) For purposes of Article 3, is unrelated to the | 25 |
| person's ability
to acquire, rent or maintain a housing | 26 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 2 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 4 |
| person's ability to
utilize and benefit from a place of | 5 |
| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status | 7 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 9 |
| status on
active duty in or status as a veteran of the armed | 10 |
| forces of the United States, status as a current member or | 11 |
| veteran of any
reserve component of the armed forces of the | 12 |
| United States, including the United
States Army Reserve, United | 13 |
| States Marine Corps Reserve, United States Navy
Reserve, United | 14 |
| States Air Force Reserve, and United States Coast Guard
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| Reserve, or status as a current member or veteran of the | 16 |
| Illinois Army National Guard or Illinois Air National
Guard.
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| (K) National Origin. "National origin" means the place in | 18 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 20 |
| partnerships,
associations or organizations, labor | 21 |
| organizations, labor unions, joint
apprenticeship committees, | 22 |
| or union labor associations, corporations, the
State of | 23 |
| Illinois and its instrumentalities, political subdivisions, | 24 |
| units
of local government, legal representatives, trustees in | 25 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every |
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| contract to which the
State, any of its political subdivisions | 2 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 4 |
| observance
and practice, as well as belief, except that with | 5 |
| respect to employers, for
the purposes of Article 2, "religion" | 6 |
| has the meaning ascribed to it in
paragraph (F) of Section | 7 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means | 10 |
| actual or
perceived heterosexuality, homosexuality, | 11 |
| bisexuality, or gender-related identity,
whether or not | 12 |
| traditionally associated with the person's designated sex at
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| birth. "Sexual orientation" does not include a physical or | 14 |
| sexual attraction to a minor by an adult.
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| (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".
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| (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, disability
handicap , military status, sexual
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| orientation,
or unfavorable
discharge from military service as | 26 |
| those terms are defined in this Section.
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| (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06; | 2 |
| 94-803, eff. 5-26-06.)
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| (775 ILCS 5/3-102.1) (from Ch. 68, par. 3-102.1)
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| Sec. 3-102.1. Disability
Handicap . (A) It is a civil rights | 5 |
| violation to refuse
to sell or rent or to otherwise
make | 6 |
| unavailable or deny a dwelling to any buyer or renter because | 7 |
| of a
disability
handicap of that buyer or renter, a disability
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| handicap of a person residing or intending
to reside in that | 9 |
| dwelling after it is sold, rented or made available or
a | 10 |
| disability
handicap of any person associated with the buyer or | 11 |
| renter.
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| (B) It is a civil rights violation to alter the terms, | 13 |
| conditions or privileges
of sale or rental of a dwelling or the | 14 |
| provision of services or facilities
in connection with such | 15 |
| dwelling because of a disability of a person with a disability
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| person's handicap
or a disability
handicap of any person | 17 |
| residing or intending to reside in that dwelling
after it is | 18 |
| sold, rented or made available, or a disability
handicap of any | 19 |
| person associated
with that person.
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| (C) It is a civil rights violation:
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| (1) to refuse to permit, at the expense of the handicapped
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| person with a disability ,
reasonable modifications of existing | 23 |
| premises occupied or to be occupied by
such person if such | 24 |
| modifications may be necessary to afford such person
full | 25 |
| enjoyment of the premises; except that, in the case of a |
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| rental, the
landlord may, where it is reasonable to do so, | 2 |
| condition permission for a
modification on the renter agreeing | 3 |
| to restore the interior of the premises
to the condition that | 4 |
| existed before modifications, reasonable wear
and tear
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| excepted. The landlord may not increase for handicapped persons | 6 |
| with a disability any
customarily required security deposit. | 7 |
| However, where it is necessary in
order to ensure with | 8 |
| reasonable certainty that funds will be available to
pay for | 9 |
| the restorations at the end of the tenancy, the landlord may
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| negotiate as part of such a restoration agreement a provision | 11 |
| requiring
that the tenant pay into an interest bearing escrow | 12 |
| account, over a reasonable
period, a reasonable amount of money | 13 |
| not to exceed the cost of the
restorations. The interest in any | 14 |
| such account shall accrue to the benefit
of the tenant. A | 15 |
| landlord may condition permission for a modification on
the | 16 |
| renter providing a reasonable description of the proposed | 17 |
| modifications
as well as reasonable assurances that the work | 18 |
| will be done in
a workmanlike manner and that any required | 19 |
| building permits will be obtained;
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| (2) to refuse to make reasonable accommodations in rules, | 21 |
| policies,
practices, or services, when such accommodations may | 22 |
| be necessary to afford
such person equal opportunity to use and | 23 |
| enjoy a dwelling; or
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| (3) in connection with the design and construction of | 25 |
| covered
multifamily dwellings for first occupancy after March | 26 |
| 13, 1991,
to fail to design and construct those dwellings in
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| such a manner that:
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| (a) the public use and common use portions of such | 3 |
| dwellings are readily
accessible to and usable by handicapped
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| persons with a disability ;
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| (b) all the doors designed to allow passage into and within | 6 |
| all premises
within such dwellings are sufficiently wide to | 7 |
| allow passage by handicapped
persons with a disability in | 8 |
| wheelchairs; and
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| (c) all premises within such dwellings contain the | 10 |
| following features of
adaptive design:
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| (i) an accessible route into and through the dwelling;
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| (ii) light switches, electrical outlets, thermostats, and | 13 |
| other
environmental controls in accessible locations;
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| (iii) reinforcements in bathroom walls to allow later | 15 |
| installation of grab bars; and
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| (iv) usable kitchens and bathrooms such that an individual | 17 |
| in a
wheelchair can maneuver about the space.
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| (D) Compliance with the appropriate standards of the | 19 |
| Illinois Accessibility
Code for adaptable dwelling units (71 | 20 |
| Illinois Administrative Code Section 400.350 (e)
1-6) suffices | 21 |
| to satisfy the requirements of subsection (C)(3)(c).
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| (E) If a unit of local government has incorporated into its | 23 |
| law the
requirements set forth in subsection (C) (3), | 24 |
| compliance
with its law shall be deemed to satisfy the | 25 |
| requirements of that subsection.
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| (F) A unit of local government may review and approve newly |
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| constructed
covered multifamily dwellings for the purpose of | 2 |
| making determinations as
to whether the design and construction | 3 |
| requirements
of subsection (C)(3) are met.
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| (G) The Department shall encourage, but may not require, | 5 |
| units of local
government to include in their existing | 6 |
| procedures for the review and
approval of newly constructed | 7 |
| covered multifamily dwellings, determinations
as to whether | 8 |
| the design and construction of such dwellings are consistent
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| with subsection (C)(3), and shall provide technical
assistance | 10 |
| to units of local government and other persons to implement the
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| requirements of subsection (C)(3).
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| (H) Nothing in this Act shall be construed to require the | 13 |
| Department
to review or approve the plans, designs or | 14 |
| construction of all covered
multifamily dwellings to determine | 15 |
| whether the design and construction of
such dwellings are | 16 |
| consistent with the requirements of
subsection (C)(3).
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| (I) Nothing in subsections (E), (F), (G) or (H) shall be | 18 |
| construed to
affect the authority
and responsibility of the | 19 |
| Department to receive and
process complaints or otherwise | 20 |
| engage in enforcement activities under
State and local law.
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| (J) Determinations by a unit of local government under | 22 |
| subsections (E)
and (F) shall not be conclusive in enforcement | 23 |
| proceedings under this Act
if those determinations are not in | 24 |
| accord with the terms of this Act.
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| (K) Nothing in this Section requires that a dwelling be | 26 |
| made available to
an individual whose tenancy would constitute |
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| a direct threat to the health
or safety of others or would | 2 |
| result in substantial physical damage to the
property of | 3 |
| others.
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| (Source: P.A. 86-910.)
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| (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
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| Sec. 3-104.1. Refusal to sell or rent because a person has | 7 |
| a guide,
hearing or support dog. It is a civil rights violation | 8 |
| for the
owner or agent of any housing accommodation to:
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| (A) refuse to sell or rent after the making of a bonafide | 10 |
| offer, or to
refuse to negotiate for the sale or rental of, or | 11 |
| otherwise make unavailable
or deny property to any blind, | 12 |
| hearing impaired or physically
disabled
handicapped person | 13 |
| because he has a guide, hearing or support dog; or
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| (B) discriminate against any blind, hearing impaired or | 15 |
| physically
disabled
handicapped person in the terms, | 16 |
| conditions, or privileges of sale or
rental property, or in the | 17 |
| provision of services or facilities in connection
therewith, | 18 |
| because he has a guide, hearing or support dog; or
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| (C) require, because a blind, hearing impaired or | 20 |
| physically
disabled
handicapped person has a guide, hearing or | 21 |
| support dog,
an extra charge in a lease, rental agreement, or | 22 |
| contract of purchase or
sale, other than for actual damage done | 23 |
| to the premises by the dog.
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| (Source: P.A. 83-93.)
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| (775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
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| Sec. 5-101. Definitions) The following definitions are | 3 |
| applicable
strictly in the context of this Article:
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| (A) Place of Public Accommodation. (1) "Place of public
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| accommodation" includes, but is not limited to
means :
a | 6 |
| business, accommodation, refreshment,
entertainment, | 7 |
| recreation, or transportation facility of any kind,
whether | 8 |
| licensed or not, whose goods, services, facilities, | 9 |
| privileges,
advantages or accommodations are extended, | 10 |
| offered, sold, or otherwise
made available to the public.
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| (1) an inn, hotel, motel, or other place of lodging, | 12 |
| except
for an establishment located within a building that | 13 |
| contains
not more than 5 units for rent or hire and that is | 14 |
| actually
occupied by the proprietor of such establishment | 15 |
| as the
residence of such proprietor; | 16 |
| (2) a restaurant, bar, or other establishment serving | 17 |
| food or
drink; | 18 |
| (3) a motion picture house, theater, concert hall, | 19 |
| stadium,
or other place of exhibition or entertainment; | 20 |
| (4) an auditorium, convention center, lecture hall, or | 21 |
| other
place of public gathering; | 22 |
| (5) a bakery, grocery store, clothing store, hardware | 23 |
| store,
shopping center, or other sales or rental | 24 |
| establishment; | 25 |
| (6) a laundromat, dry-cleaner, bank, barber shop, | 26 |
| beauty
shop, travel service, shoe repair service, funeral |
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| parlor, gas
station, office of an accountant or lawyer, | 2 |
| pharmacy, insurance
office, professional office of a | 3 |
| health care provider,
hospital, or other service | 4 |
| establishment; | 5 |
| (7) public conveyances on air, water, or land;
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| (8) a terminal, depot, or other station used for | 7 |
| specified
public transportation; | 8 |
| (9) a museum, library, gallery, or other place of | 9 |
| public
display or collection; | 10 |
| (10) a park, zoo, amusement park, or other place of
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| recreation; | 12 |
| (11) a non-sectarian nursery, day care center, | 13 |
| elementary, secondary, undergraduate, or postgraduate | 14 |
| school, or other place of education in regard to the | 15 |
| failure to enroll an individual or the denial of access to | 16 |
| its facilities, goods, or services, except that the | 17 |
| Department shall not have jurisdiction over
charges | 18 |
| involving curriculum content, course content, or course | 19 |
| offerings, conduct of the class by the teacher or | 20 |
| instructor, or any activity within the classroom or | 21 |
| connected with a class activity such as physical education; | 22 |
| (12) a senior citizen center, homeless
shelter, food | 23 |
| bank, non-sectarian adoption agency, or other social | 24 |
| service
center establishment; and | 25 |
| (13) a gymnasium, health spa, bowling alley, golf | 26 |
| course, or
other place of exercise or recreation.
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| (2) By way of example, but not of limitation, "place of | 2 |
| public
accommodation" includes facilities of the following | 3 |
| types: inns,
restaurants, eating houses, hotels, soda | 4 |
| fountains, soft drink parlors,
taverns, roadhouses, barber | 5 |
| shops, department stores, clothing stores,
hat stores, shoe | 6 |
| stores, bathrooms, restrooms, theatres, skating rinks,
public | 7 |
| golf courses, public golf driving ranges, concerts, cafes,
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| bicycle rinks, elevators, ice cream parlors or rooms, | 9 |
| railroads,
omnibuses, busses, stages, airplanes, street cars, | 10 |
| boats, funeral
hearses, crematories, cemeteries, and public | 11 |
| conveyances on land, water,
or air, public swimming pools and | 12 |
| other places of public accommodation
and amusement.
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| (B) Operator. "Operator" means any owner, lessee, | 14 |
| proprietor,
manager, superintendent, agent, or occupant of a | 15 |
| place of public
accommodation or an employee of any such person | 16 |
| or persons.
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| (C) Public Official. "Public official" means any officer or | 18 |
| employee
of the state or any agency thereof, including state | 19 |
| political subdivisions,
municipal corporations, park | 20 |
| districts, forest preserve districts, educational
institutions | 21 |
| and schools.
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| (Source: P.A. 81-1267.)
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| (775 ILCS 5/5-102) (from Ch. 68, par. 5-102)
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| Sec. 5-102. Civil Rights Violations: Public | 25 |
| Accommodations. It is a civil
rights violation for any person |
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| on the basis of unlawful discrimination to:
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| (A) Enjoyment of Facilities , Goods, and Services . Deny or | 3 |
| refuse to another the full and equal
enjoyment of the | 4 |
| facilities , goods, and services of any public place of | 5 |
| accommodation;
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| (B) Written Communications. Directly or indirectly, as the | 7 |
| operator of
a place of public accommodation, publish, | 8 |
| circulate, display or mail any
written communication, except a | 9 |
| private communication sent in response to
a specific inquiry, | 10 |
| which the operator knows is to the effect that any of
the | 11 |
| facilities of the place of public accommodation will be denied | 12 |
| to any
person or that any person is
unwelcome, objectionable or | 13 |
| unacceptable because of unlawful discrimination;
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| (C) Public Officials. Deny or refuse to another, as a | 15 |
| public official,
the full and equal enjoyment of the | 16 |
| accommodations, advantage, facilities
or privileges of the | 17 |
| official's office or services or of any property under
the | 18 |
| official's care because of unlawful discrimination.
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| (Source: P.A. 81-1216.)
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| (775 ILCS 5/5-102.1 new) | 21 |
| Sec. 5-102.1. No Civil Rights Violation: Public | 22 |
| Accommodations. It is not a civil rights violation for a | 23 |
| medical, dental, or other health care professional or a private | 24 |
| professional service provider such as a lawyer, accountant, or | 25 |
| insurance agent to refer or refuse to treat or provide services |
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| to an individual in a protected class for any | 2 |
| non-discriminatory reason if, in the normal course of his or | 3 |
| her operations or business, the professional would for the same | 4 |
| reason refer or refuse to treat or provide services to an | 5 |
| individual who is not in the protected class of the individual | 6 |
| who seeks or
requires the same or similar treatment or | 7 |
| services.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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