Full Text of HB0721 96th General Assembly
HB0721eng 96TH GENERAL ASSEMBLY
|
|
|
HB0721 Engrossed |
|
LRB096 08293 KTG 18401 b |
|
| 1 |
| AN ACT concerning civil law.
| 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 Sections 1-102 and 1-103 as follows: | 6 |
| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
| 7 |
| Sec. 1-102. Declaration of Policy. It is the public policy | 8 |
| of this State:
| 9 |
| (A) Freedom from Unlawful Discrimination. To secure for all | 10 |
| individuals
within Illinois the freedom from discrimination | 11 |
| against any individual because
of his or her race, color, | 12 |
| religion, sex, national origin, ancestry, age, order of | 13 |
| protection status,
marital status, physical or mental | 14 |
| disability, military
status, sexual orientation, or | 15 |
| unfavorable
discharge from military service in connection with | 16 |
| employment, real estate
transactions, access to financial | 17 |
| credit, and the availability of public
accommodations.
| 18 |
| (B) Freedom from Sexual Harassment-Employment and Higher | 19 |
| Education.
To prevent sexual harassment in employment and | 20 |
| sexual harassment in
higher education.
| 21 |
| (C) Freedom from Discrimination Based on Citizenship | 22 |
| Status-Employment.
To prevent discrimination based on | 23 |
| citizenship status in employment.
|
|
|
|
HB0721 Engrossed |
- 2 - |
LRB096 08293 KTG 18401 b |
|
| 1 |
| (D) Freedom from Discrimination Based on Familial | 2 |
| Status-Real Estate
Transactions. To prevent discrimination | 3 |
| based on familial status in real
estate transactions.
| 4 |
| (E) Public Health, Welfare and Safety. To promote the | 5 |
| public health,
welfare and safety by protecting the interest of | 6 |
| all people in Illinois
in maintaining personal dignity, in | 7 |
| realizing their full productive
capacities, and in furthering | 8 |
| their interests, rights and privileges as
citizens of this | 9 |
| State.
| 10 |
| (F) Implementation of Constitutional Guarantees. To secure | 11 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 12 |
| of Article I
of the Illinois Constitution of 1970.
| 13 |
| (G) Equal Opportunity, Affirmative Action. To establish | 14 |
| Equal
Opportunity and Affirmative Action as the policies of | 15 |
| this State in all
of its decisions, programs and activities, | 16 |
| and to assure that all State
departments, boards, commissions | 17 |
| and instrumentalities rigorously take
affirmative action to | 18 |
| provide equality of opportunity and eliminate the
effects of | 19 |
| past discrimination in the internal affairs of State
government | 20 |
| and in their relations with the public.
| 21 |
| (H) Unfounded Charges. To protect citizens of this State | 22 |
| against
unfounded charges of unlawful discrimination, sexual | 23 |
| harassment in
employment and sexual harassment in higher | 24 |
| education, and discrimination
based on citizenship status in | 25 |
| employment.
| 26 |
| (Source: P.A. 95-668, eff. 10-10-07.)
|
|
|
|
HB0721 Engrossed |
- 3 - |
LRB096 08293 KTG 18401 b |
|
| 1 |
| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 2 |
| Sec. 1-103. General Definitions. When used in this Act, | 3 |
| unless the
context requires otherwise, the term:
| 4 |
| (A) Age. "Age" means the chronological age of a person who | 5 |
| is at least
40 years old, except with regard to any practice | 6 |
| described in Section
2-102, insofar as that practice concerns | 7 |
| training or apprenticeship
programs. In the case of training or | 8 |
| apprenticeship programs, for the
purposes of Section 2-102, | 9 |
| "age" means the chronological age of a person
who is 18 but not | 10 |
| yet 40 years old.
| 11 |
| (B) Aggrieved Party. "Aggrieved party" means a person who | 12 |
| is alleged
or proved to have been injured by a civil rights | 13 |
| violation or believes he
or she will be injured by a civil | 14 |
| rights violation under Article 3 that is
about to occur.
| 15 |
| (C) Charge. "Charge" means an allegation filed with the | 16 |
| Department
by an aggrieved party or initiated by the Department | 17 |
| under its
authority.
| 18 |
| (D) Civil Rights Violation. "Civil rights violation" | 19 |
| includes and
shall be limited to only those specific acts set | 20 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 21 |
| 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 22 |
| 6-101, and 6-102 of this Act.
| 23 |
| (E) Commission. "Commission" means the Human Rights | 24 |
| Commission
created by this Act.
| 25 |
| (F) Complaint. "Complaint" means the formal pleading filed |
|
|
|
HB0721 Engrossed |
- 4 - |
LRB096 08293 KTG 18401 b |
|
| 1 |
| by
the Department with the Commission following an | 2 |
| investigation and
finding of substantial evidence of a civil | 3 |
| rights violation.
| 4 |
| (G) Complainant. "Complainant" means a person including | 5 |
| the
Department who files a charge of civil rights violation | 6 |
| with the Department or
the Commission.
| 7 |
| (H) Department. "Department" means the Department of Human | 8 |
| Rights
created by this Act.
| 9 |
| (I) Disability. "Disability" means a determinable physical | 10 |
| or mental
characteristic of a person, including, but not | 11 |
| limited to, a determinable
physical characteristic which | 12 |
| necessitates the person's use of a guide,
hearing or support | 13 |
| dog, the history of such characteristic, or the
perception of | 14 |
| such characteristic by the person complained against, which
may | 15 |
| result from disease, injury, congenital condition of birth or
| 16 |
| functional disorder and which characteristic:
| 17 |
| (1) For purposes of Article 2 is unrelated to the | 18 |
| person's ability
to perform the duties of a particular job | 19 |
| or position and, pursuant to
Section 2-104 of this Act, a | 20 |
| person's illegal use of drugs or alcohol is not a
| 21 |
| disability;
| 22 |
| (2) For purposes of Article 3, is unrelated to the | 23 |
| person's ability
to acquire, rent or maintain a housing | 24 |
| accommodation;
| 25 |
| (3) For purposes of Article 4, is unrelated to a | 26 |
| person's ability to
repay;
|
|
|
|
HB0721 Engrossed |
- 5 - |
LRB096 08293 KTG 18401 b |
|
| 1 |
| (4) For purposes of Article 5, is unrelated to a | 2 |
| person's ability to
utilize and benefit from a place of | 3 |
| public accommodation.
| 4 |
| (J) Marital Status. "Marital status" means the legal status | 5 |
| of being
married, single, separated, divorced or widowed.
| 6 |
| (J-1) Military Status. "Military status" means a person's | 7 |
| status on
active duty in or status as a veteran of the armed | 8 |
| forces of the United States, status as a current member or | 9 |
| veteran of any
reserve component of the armed forces of the | 10 |
| United States, including the United
States Army Reserve, United | 11 |
| States Marine Corps Reserve, United States Navy
Reserve, United | 12 |
| States Air Force Reserve, and United States Coast Guard
| 13 |
| Reserve, or status as a current member or veteran of the | 14 |
| Illinois Army National Guard or Illinois Air National
Guard.
| 15 |
| (K) National Origin. "National origin" means the place in | 16 |
| which a
person or one of his or her ancestors was born.
| 17 |
| (K-5) "Order of protection status" means a person's status | 18 |
| as being a person protected under an order of protection issued | 19 |
| pursuant to the Illinois Domestic Violence Act of 1986 or an | 20 |
| order of protection issued by a court of another state. | 21 |
| (L) Person. "Person" includes one or more individuals, | 22 |
| partnerships,
associations or organizations, labor | 23 |
| organizations, labor unions, joint
apprenticeship committees, | 24 |
| or union labor associations, corporations, the
State of | 25 |
| Illinois and its instrumentalities, political subdivisions, | 26 |
| units
of local government, legal representatives, trustees in |
|
|
|
HB0721 Engrossed |
- 6 - |
LRB096 08293 KTG 18401 b |
|
| 1 |
| bankruptcy
or receivers.
| 2 |
| (M) Public Contract. "Public contract" includes every | 3 |
| contract to which the
State, any of its political subdivisions | 4 |
| or any municipal corporation is a
party.
| 5 |
| (N) Religion. "Religion" includes all aspects of religious | 6 |
| observance
and practice, as well as belief, except that with | 7 |
| respect to employers, for
the purposes of Article 2, "religion" | 8 |
| has the meaning ascribed to it in
paragraph (F) of Section | 9 |
| 2-101.
| 10 |
| (O) Sex. "Sex" means the status of being male or female.
| 11 |
| (O-1) Sexual orientation. "Sexual orientation" means | 12 |
| actual or
perceived heterosexuality, homosexuality, | 13 |
| bisexuality, or gender-related identity,
whether or not | 14 |
| traditionally associated with the person's designated sex at
| 15 |
| birth. "Sexual orientation" does not include a physical or | 16 |
| sexual attraction to a minor by an adult.
| 17 |
| (P) Unfavorable Military Discharge. "Unfavorable military | 18 |
| discharge"
includes discharges from the Armed Forces of the | 19 |
| United States, their
Reserve components or any National Guard | 20 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 21 |
| thereof, but does not include those
characterized as RE-4 or | 22 |
| "Dishonorable".
| 23 |
| (Q) Unlawful Discrimination. "Unlawful discrimination" | 24 |
| means discrimination
against a person because of his or her | 25 |
| race, color, religion, national origin,
ancestry, age, sex, | 26 |
| marital status, order of protection status, disability, |
|
|
|
HB0721 Engrossed |
- 7 - |
LRB096 08293 KTG 18401 b |
|
| 1 |
| military status, sexual
orientation,
or unfavorable
discharge | 2 |
| from military service as those terms are defined in this | 3 |
| Section.
| 4 |
| (Source: P.A. 94-803, eff. 5-26-06; 95-392, eff. 8-23-07; | 5 |
| 95-668, eff. 10-10-07; 95-876, eff. 8-21-08; revised | 6 |
| 10-28-08.)
| 7 |
| Section 99. Effective date. This Act takes effect January | 8 |
| 1, 2010.
|
|