Full Text of HB4049 101st General Assembly
HB4049 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4049 Introduced 1/13/2020, by Rep. Jonathan Carroll and David McSweeney SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/5A-101 | from Ch. 68, par. 5A-101 | 775 ILCS 5/5A-102 | from Ch. 68, par. 5A-102 | 775 ILCS 5/5A-103 new | |
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Amends the Elementary, Secondary, and Higher Education Article of the Illinois Human Rights Act. Defines "anti-Semitism". Provides that an institution of elementary, secondary, or higher education commits a civil rights violation if it fails to treat anti-Semitism in an identical manner to discrimination motivated by race. Describes anti-Semitism. Provides that nothing in the new provisions infringes on the constitutional protections for free speech or may be construed to conflict with federal or State discrimination laws.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 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 5A-101 and 5A-102 and by adding Section | 6 | | 5A-103 as follows: | 7 | | (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
| 8 | | Sec. 5A-101. Definitions. The following definitions are | 9 | | applicable
strictly in the content of this Article, except that | 10 | | the term "sexual
harassment
in elementary, secondary, and
| 11 | | higher education" as defined herein has the meaning herein | 12 | | ascribed to
it whenever that term is used anywhere in this Act.
| 13 | | (A) Institution of Elementary, Secondary, or Higher | 14 | | Education. "Institution of elementary, secondary, or higher | 15 | | education"
means: (1) a
publicly or privately operated | 16 | | university, college,
community
college, junior college, | 17 | | business or vocational school, or other educational
| 18 | | institution offering degrees and instruction beyond the
| 19 | | secondary
school level; or
(2) a publicly or privately operated | 20 | | elementary school or secondary school.
| 21 | | (B) Degree. "Degree" means: (1) a
designation, | 22 | | appellation,
series of letters
or words or other symbols which | 23 | | signifies or purports to signify that the
recipient thereof has |
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| 1 | | satisfactorily completed an organized academic, business
or | 2 | | vocational program of study offered beyond the
secondary
school | 3 | | level; or (2) a designation signifying that the recipient has
| 4 | | graduated from an elementary school or secondary school.
| 5 | | (C) Student. "Student" means any individual admitted to or | 6 | | applying for
admission to an institution of elementary, | 7 | | secondary, or higher education, or
enrolled on a full or
part | 8 | | time basis in a course or program of academic, business or | 9 | | vocational
instruction offered by or through an institution of | 10 | | elementary, secondary, or higher education.
| 11 | | (D) Elementary, Secondary, or Higher Education | 12 | | Representative. "Elementary, secondary, or higher education
| 13 | | representative"
means and includes the president, chancellor | 14 | | or other holder of any executive
office on the administrative | 15 | | staff of an institution of higher education,
an administrator | 16 | | of an elementary school or secondary school, a
member of the | 17 | | faculty of an institution of higher education,
including
but | 18 | | not limited to a dean or associate or assistant dean, a | 19 | | professor or
associate or assistant professor, and a full or | 20 | | part time instructor or
visiting professor, including a | 21 | | graduate assistant or other student who
is employed on a | 22 | | temporary basis of less than full time as a teacher or
| 23 | | instructor of any course or program of academic, business or | 24 | | vocational
instruction offered by or through an institution of | 25 | | higher education, and any
teacher, instructor, or other | 26 | | employee of an elementary school or secondary school.
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| 1 | | (E) Sexual Harassment in Elementary, Secondary, and Higher | 2 | | Education. "Sexual harassment in
elementary, secondary, and
| 3 | | higher
education" means any unwelcome sexual advances or | 4 | | requests for sexual favors
made by an elementary, secondary, or
| 5 | | higher
education representative to a student, or any
conduct of
| 6 | | a sexual nature exhibited by
an elementary, secondary, or
| 7 | | higher education representative
toward a
student, when such | 8 | | conduct has the purpose of substantially interfering
with the | 9 | | student's educational performance or creating an intimidating,
| 10 | | hostile or offensive educational environment; or when the | 11 | | elementary, secondary, or higher education
representative | 12 | | either explicitly or implicitly makes the student's submission
| 13 | | to such conduct a term or condition of, or uses the student's | 14 | | submission
to or rejection of such conduct as a basis for | 15 | | determining:
| 16 | | (1) Whether the student will be admitted to an | 17 | | institution
of elementary, secondary, or higher education;
| 18 | | (2) The educational performance required or expected | 19 | | of the student;
| 20 | | (3) The attendance or assignment requirements | 21 | | applicable to the student;
| 22 | | (4) To what courses, fields of study or programs, | 23 | | including honors and
graduate programs, the student will be | 24 | | admitted;
| 25 | | (5) What placement or course proficiency requirements | 26 | | are applicable to the
student;
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| 1 | | (6) The quality of instruction the student will | 2 | | receive;
| 3 | | (7) What tuition or fee requirements are applicable to | 4 | | the student;
| 5 | | (8) What scholarship opportunities are available to | 6 | | the student;
| 7 | | (9) What extracurricular teams the student will be a | 8 | | member of or in what
extracurricular competitions the | 9 | | student will participate;
| 10 | | (10) Any grade the student will receive in any | 11 | | examination or in any course
or program of instruction in | 12 | | which the student is enrolled;
| 13 | | (11) The progress of the student toward successful | 14 | | completion of or graduation
from any course or program of | 15 | | instruction in which the student is enrolled; or
| 16 | | (12) What degree, if any, the student will receive.
| 17 | | (F) Anti-Semitism. "Anti-Semitism" means a certain | 18 | | perception of the Jewish people, which may be expressed as | 19 | | hatred toward Jewish people or rhetorical and physical | 20 | | manifestations of anti-Semitism directed toward a person, his | 21 | | or her property, or Jewish community institutions or religions | 22 | | facilities. | 23 | | (Source: P.A. 96-1319, eff. 7-27-10.)
| 24 | | (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
| 25 | | Sec. 5A-102. Civil Rights Violations-Elementary, |
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| 1 | | Secondary, and Higher Education. It is a civil
rights | 2 | | violation:
| 3 | | (A) Elementary, Secondary, or Higher Education | 4 | | Representative. For any elementary, secondary, or higher | 5 | | education representative
to commit or engage in sexual | 6 | | harassment in elementary, secondary, or higher education.
| 7 | | (B) Institution of Elementary, Secondary, or Higher | 8 | | Education. For any institution of elementary, secondary, or | 9 | | higher education
to fail to take remedial action, or to fail to | 10 | | take appropriate disciplinary
action against an elementary, | 11 | | secondary, or higher education representative employed by such | 12 | | institution,
when such institution knows that such elementary, | 13 | | secondary, or higher education representative was
committing | 14 | | or engaging in or committed or engaged
in sexual harassment in | 15 | | elementary, secondary, or higher education. | 16 | | (C) Anti-Semitism. For any institution of elementary, | 17 | | secondary, or higher education
to fail to comply with Section | 18 | | 5A-103.
| 19 | | (Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
| 20 | | (775 ILCS 5/5A-103 new) | 21 | | Sec. 5A-103. Discrimination motivated by anti-Semitism. An | 22 | | institution of elementary, secondary, or higher education | 23 | | shall treat discrimination by students or employees or | 24 | | resulting from institutional policies motivated by | 25 | | anti-Semitism in an identical manner to discrimination |
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| 1 | | motivated by race. Discrimination motivated by anti-Semitism | 2 | | includes: | 3 | | (1) Calling for, aiding, or justifying the killing or | 4 | | harming of Jews, often in the name of a radical ideology or | 5 | | an extremist view of religion. | 6 | | (2) Making mendacious, dehumanizing, demonizing, or | 7 | | stereotypical allegations about Jews as such or the power | 8 | | of Jews as a collective, including, but not limited to, the | 9 | | myth about a world Jewish conspiracy or of Jews controlling | 10 | | the media, economy, government, or other societal | 11 | | institutions. | 12 | | (3) Accusing Jews as a people of being responsible for | 13 | | real or imagined wrongdoings committed by a single Jewish | 14 | | person or group, the State of Israel, or for acts committed | 15 | | by non-Jews. | 16 | | (4) Accusing Jews as a people or the State of Israel of | 17 | | inventing or exaggerating the Holocaust. | 18 | | (5) Accusing Jewish citizens of being more loyal to the | 19 | | State of Israel, or the alleged priorities of Jews | 20 | | worldwide, than to the interests of their own nation. | 21 | | (6) Anti-Semitism related to the State of Israel, | 22 | | including, but not limited to: | 23 | | (i) Demonizing the State of Israel by using the | 24 | | symbols and images associated with classic | 25 | | anti-Semitism to characterize the State of Israel or | 26 | | Israelis, drawing comparisons of contemporary Israeli |
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| 1 | | policy to that of Nazis, or blaming the State of Israel | 2 | | for all interreligious or political tensions. | 3 | | (ii) Applying a double standard to the State of | 4 | | Israel by requiring behavior of the State of Israel | 5 | | that is not expected or demanded of any other | 6 | | democratic nation, or focusing peace or human rights | 7 | | investigations only on the State of Israel. | 8 | | (iii) Delegitimizing the State of Israel by | 9 | | denying the Jewish people their right to | 10 | | self-determination and denying the State of Israel the | 11 | | right to exist. | 12 | | However, criticism of the State of Israel that is | 13 | | similar to criticism toward any other country may not be | 14 | | regarded as anti-Semitic. | 15 | | Nothing in this Section shall be construed to diminish or | 16 | | infringe upon any right protected under the First Amendment to | 17 | | the United States Constitution or Section 4 of Article I of the | 18 | | Illinois State Constitution. Nothing in this Section shall be | 19 | | construed to conflict with federal or State discrimination | 20 | | laws.
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