Full Text of HB3884 101st General Assembly
HB3884ham002 101ST GENERAL ASSEMBLY | Rep. Jehan Gordon-Booth Filed: 2/27/2020
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| 1 | | AMENDMENT TO HOUSE BILL 3884
| 2 | | AMENDMENT NO. ______. Amend House Bill 3884, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. References to Act. This Act may be referred to | 6 | | as the CROWN (Create a Respectful and Open Workplace for | 7 | | Natural Hair) Act. | 8 | | Section 5. The Illinois Human Rights Act is amended by | 9 | | changing Sections 1-103 and 5-102.2 as follows: | 10 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 11 | | Sec. 1-103. General definitions. When used in this Act, | 12 | | unless the
context requires otherwise, the term:
| 13 | | (A) Age. "Age" means the chronological age of a person who | 14 | | is at least
40 years old, except with regard to any practice | 15 | | described in Section
2-102, insofar as that practice concerns |
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| 1 | | training or apprenticeship
programs. In the case of training or | 2 | | apprenticeship programs, for the
purposes of Section 2-102, | 3 | | "age" means the chronological age of a person
who is 18 but not | 4 | | yet 40 years old.
| 5 | | (B) Aggrieved party. "Aggrieved party" means a person who | 6 | | is alleged
or proved to have been injured by a civil rights | 7 | | violation or believes he
or she will be injured by a civil | 8 | | rights violation under Article 3 that is
about to occur.
| 9 | | (B-5) Arrest record. "Arrest record" means: | 10 | | (1) an arrest not leading to a conviction; | 11 | | (2) a juvenile record; or | 12 | | (3) criminal history record information ordered | 13 | | expunged, sealed, or impounded under Section 5.2 of the | 14 | | Criminal Identification Act. | 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 | 26 | | by
the Department with the Commission following an |
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| 1 | | investigation and
finding of substantial evidence of a civil | 2 | | rights violation.
| 3 | | (G) Complainant. "Complainant" means a person including | 4 | | the
Department who files a charge of civil rights violation | 5 | | with the Department or
the Commission.
| 6 | | (H) Department. "Department" means the Department of Human | 7 | | Rights
created by this Act.
| 8 | | (I) Disability. "Disability" means a determinable physical | 9 | | or mental
characteristic of a person, including, but not | 10 | | limited to, a determinable
physical characteristic which | 11 | | necessitates the person's use of a guide,
hearing or support | 12 | | dog, the history of such characteristic, or the
perception of | 13 | | such characteristic by the person complained against, which
may | 14 | | result from disease, injury, congenital condition of birth or
| 15 | | functional disorder and which characteristic:
| 16 | | (1) For purposes of Article 2, is unrelated to the | 17 | | person's ability
to perform the duties of a particular job | 18 | | or position and, pursuant to
Section 2-104 of this Act, a | 19 | | person's illegal use of drugs or alcohol is not a
| 20 | | disability;
| 21 | | (2) For purposes of Article 3, is unrelated to the | 22 | | person's ability
to acquire, rent, or maintain a housing | 23 | | accommodation;
| 24 | | (3) For purposes of Article 4, is unrelated to a | 25 | | person's ability to
repay;
| 26 | | (4) For purposes of Article 5, is unrelated to a |
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| 1 | | person's ability to
utilize and benefit from a place of | 2 | | public accommodation;
| 3 | | (5) For purposes of Article 5, also includes any | 4 | | mental, psychological, or developmental disability, | 5 | | including autism spectrum disorders. | 6 | | (J) Marital status. "Marital status" means the legal status | 7 | | of being
married, single, separated, divorced, or widowed.
| 8 | | (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
| 15 | | Reserve, or status as a current member or veteran of the | 16 | | Illinois Army National Guard or Illinois Air National
Guard.
| 17 | | (K) National origin. "National origin" means the place in | 18 | | which a
person or one of his or her ancestors was born.
| 19 | | (K-5) "Order of protection status" means a person's status | 20 | | as being a person protected under an order of protection issued | 21 | | pursuant to the Illinois Domestic Violence Act of 1986, Article | 22 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No | 23 | | Contact Order Act, or the Civil No Contact Order Act, or an | 24 | | order of protection issued by a court of another state. | 25 | | (L) Person. "Person" includes one or more individuals, | 26 | | partnerships,
associations or organizations, labor |
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| 1 | | organizations, labor unions, joint
apprenticeship committees, | 2 | | or union labor associations, corporations, the
State of | 3 | | Illinois and its instrumentalities, political subdivisions, | 4 | | units
of local government, legal representatives, trustees in | 5 | | bankruptcy
or receivers.
| 6 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 7 | | or medical or common conditions related to pregnancy or | 8 | | childbirth. | 9 | | (M) Public contract. "Public contract" includes every | 10 | | contract to which the
State, any of its political subdivisions, | 11 | | or any municipal corporation is a
party.
| 12 | | (M-5) Race. "Race" includes traits associated with race, | 13 | | including, but not limited to, hair texture and protective | 14 | | hairstyles such as braids, locks, and twists. | 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 | | actual or perceived: race, color, religion, national origin,
| 10 | | ancestry, age, sex, marital status, order of protection status, | 11 | | disability, military status, sexual
orientation, pregnancy,
or | 12 | | unfavorable
discharge from military service as those terms are | 13 | | defined in this Section.
| 14 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | 15 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| 16 | | (775 ILCS 5/5-102.2) | 17 | | Sec. 5-102.2. Jurisdiction limited. In regard to places of | 18 | | public accommodation defined in paragraph (11) of Section | 19 | | 5-101, the jurisdiction of the Department is limited to: (1) | 20 | | the failure to enroll an individual; (2) the denial or refusal | 21 | | of full and equal enjoyment of access to facilities, goods, or | 22 | | services; or (3) severe or pervasive harassment of an | 23 | | individual when the covered entity fails to take corrective | 24 | | action to stop the severe or pervasive harassment.
| 25 | | (Source: P.A. 96-814, eff. 1-1-10.)".
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