Full Text of HB2775 102nd General Assembly
HB2775sam001 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/22/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2775
| 2 | | AMENDMENT NO. ______. Amend House Bill 2775 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 1-102, 1-103, 3-102, 3-103, and 3-106 as | 6 | | follows: | 7 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 8 | | Sec. 1-102. Declaration of Policy. It is the public | 9 | | policy of this State:
| 10 | | (A) Freedom from Unlawful Discrimination. To secure for | 11 | | all individuals
within Illinois the freedom from | 12 | | discrimination against any individual because
of his or her | 13 | | race, color, religion, sex, national origin, ancestry, age, | 14 | | order of protection status,
marital status, physical or mental | 15 | | disability, military
status, sexual orientation, pregnancy, or | 16 | | unfavorable
discharge from military service in connection with |
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| 1 | | employment, real estate
transactions, access to financial | 2 | | credit, and the availability of public
accommodations.
| 3 | | (B) Freedom from Sexual Harassment-Employment and | 4 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 5 | | harassment in employment and sexual harassment in
elementary, | 6 | | secondary, and higher education.
| 7 | | (C) Freedom from Discrimination Based on Citizenship | 8 | | Status-Employment.
To prevent discrimination based on | 9 | | citizenship status in employment.
| 10 | | (C-5) Freedom from Discrimination Based on Work | 11 | | Authorization Status-Employment. To prevent discrimination | 12 | | based on the specific status or term of status that | 13 | | accompanies a legal work authorization. | 14 | | (D) Freedom from Discrimination Based on Familial Status | 15 | | or Source of Income -Real Estate
Transactions. To prevent | 16 | | discrimination based on familial status or source of income in | 17 | | real
estate transactions.
| 18 | | (E) Public Health, Welfare and Safety. To promote the | 19 | | public health,
welfare and safety by protecting the interest | 20 | | of all people in Illinois
in maintaining personal dignity, in | 21 | | realizing their full productive
capacities, and in furthering | 22 | | their interests, rights and privileges as
citizens of this | 23 | | State.
| 24 | | (F) Implementation of Constitutional Guarantees. To secure | 25 | | and
guarantee the rights established by Sections 17, 18 and 19 | 26 | | of Article I
of the Illinois Constitution of 1970.
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| 1 | | (G) Equal Opportunity, Affirmative Action. To establish | 2 | | Equal
Opportunity and Affirmative Action as the policies of | 3 | | this State in all
of its decisions, programs and activities, | 4 | | and to assure that all State
departments, boards, commissions | 5 | | and instrumentalities rigorously take
affirmative action to | 6 | | provide equality of opportunity and eliminate the
effects of | 7 | | past discrimination in the internal affairs of State
| 8 | | government and in their relations with the public.
| 9 | | (H) Unfounded Charges. To protect citizens of this State | 10 | | against
unfounded charges of unlawful discrimination, sexual | 11 | | harassment in
employment and sexual harassment in elementary, | 12 | | secondary, and higher education, and discrimination
based on | 13 | | citizenship status or work authorization status in employment.
| 14 | | (Source: P.A. 102-233, eff. 8-2-21.)
| 15 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 16 | | Sec. 1-103. General definitions. When used in this Act, | 17 | | unless the
context requires otherwise, the term:
| 18 | | (A) Age. "Age" means the chronological age of a person who | 19 | | is at least
40 years old, except with regard to any practice | 20 | | described in Section
2-102, insofar as that practice concerns | 21 | | training or apprenticeship
programs. In the case of training | 22 | | or apprenticeship programs, for the
purposes of Section 2-102, | 23 | | "age" means the chronological age of a person
who is 18 but not | 24 | | yet 40 years old.
| 25 | | (B) Aggrieved party. "Aggrieved party" means a person who |
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| 1 | | is alleged
or proved to have been injured by a civil rights | 2 | | violation or believes he
or she will be injured by a civil | 3 | | rights violation under Article 3 that is
about to occur.
| 4 | | (B-5) Arrest record. "Arrest record" means: | 5 | | (1) an arrest not leading to a conviction; | 6 | | (2) a juvenile record; or | 7 | | (3) criminal history record information ordered | 8 | | expunged, sealed, or impounded under Section 5.2 of the | 9 | | Criminal Identification Act. | 10 | | (C) Charge. "Charge" means an allegation filed with the | 11 | | Department
by an aggrieved party or initiated by the | 12 | | Department under its
authority.
| 13 | | (D) Civil rights violation. "Civil rights violation" | 14 | | includes and
shall be limited to only those specific acts set | 15 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 16 | | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, | 17 | | 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
| 18 | | (E) Commission. "Commission" means the Human Rights | 19 | | Commission
created by this Act.
| 20 | | (F) Complaint. "Complaint" means the formal pleading filed | 21 | | by
the Department with the Commission following an | 22 | | investigation and
finding of substantial evidence of a civil | 23 | | rights violation.
| 24 | | (G) Complainant. "Complainant" means a person including | 25 | | the
Department who files a charge of civil rights violation | 26 | | with the Department or
the Commission.
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| 1 | | (G-5) Conviction record. "Conviction record" means | 2 | | information indicating that a person has been convicted of a | 3 | | felony, misdemeanor or other criminal offense, placed on | 4 | | probation, fined, imprisoned, or paroled pursuant to any law | 5 | | enforcement or military authority. | 6 | | (H) Department. "Department" means the Department of Human | 7 | | Rights
created by this Act.
| 8 | | (I) Disability. | 9 | | (1) "Disability" means a determinable physical or mental
| 10 | | characteristic of a person, including, but not limited to, a | 11 | | determinable
physical characteristic which necessitates the | 12 | | person's use of a guide,
hearing or support dog, the history of | 13 | | such characteristic, or the
perception of such characteristic | 14 | | by the person complained against, which
may result from | 15 | | disease, injury, congenital condition of birth or
functional | 16 | | disorder and which characteristic:
| 17 | | (a) 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 | | (b) For purposes of Article 3, is unrelated to the | 23 | | person's ability
to acquire, rent, or maintain a housing | 24 | | accommodation;
| 25 | | (c) For purposes of Article 4, is unrelated to a | 26 | | person's ability to
repay;
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| 1 | | (d) 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 | | (e) For purposes of Article 5, also includes any | 5 | | mental, psychological, or developmental disability, | 6 | | including autism spectrum disorders. | 7 | | (2) Discrimination based on disability includes unlawful | 8 | | discrimination against an individual because of the | 9 | | individual's association with a person with a disability. | 10 | | (J) Marital status. "Marital status" means the legal | 11 | | status of being
married, single, separated, divorced, or | 12 | | widowed.
| 13 | | (J-1) Military status. "Military status" means a person's | 14 | | status on
active duty in or status as a veteran of the armed | 15 | | forces of the United States, status as a current member or | 16 | | veteran of any
reserve component of the armed forces of the | 17 | | United States, including the United
States Army Reserve, | 18 | | United States Marine Corps Reserve, United States Navy
| 19 | | Reserve, United States Air Force Reserve, and United States | 20 | | Coast Guard
Reserve, or status as a current member or veteran | 21 | | of the Illinois Army National Guard or Illinois Air National
| 22 | | Guard.
| 23 | | (K) National origin. "National origin" means the place in | 24 | | which a
person or one of his or her ancestors was born.
| 25 | | (K-5) "Order of protection status" means a person's status | 26 | | as being a person protected under an order of protection |
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| 1 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 2 | | Article 112A of the Code of Criminal Procedure of 1963, the | 3 | | Stalking No Contact Order Act, or the Civil No Contact Order | 4 | | Act, or an order of protection issued by a court of another | 5 | | state. | 6 | | (L) Person. "Person" includes one or more individuals, | 7 | | partnerships,
associations or organizations, labor | 8 | | organizations, labor unions, joint
apprenticeship committees, | 9 | | or union labor associations, corporations, the
State of | 10 | | Illinois and its instrumentalities, political subdivisions, | 11 | | units
of local government, legal representatives, trustees in | 12 | | bankruptcy
or receivers.
| 13 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 14 | | or medical or common conditions related to pregnancy or | 15 | | childbirth. | 16 | | (M) Public contract. "Public contract" includes every | 17 | | contract to which the
State, any of its political | 18 | | subdivisions, or any municipal corporation is a
party.
| 19 | | (N) Religion. "Religion" includes all aspects of religious | 20 | | observance
and practice, as well as belief, except that with | 21 | | respect to employers, for
the purposes of Article 2, | 22 | | "religion" has the meaning ascribed to it in
paragraph (F) of | 23 | | Section 2-101.
| 24 | | (O) Sex. "Sex" means the status of being male or female.
| 25 | | (O-1) Sexual orientation. "Sexual orientation" means | 26 | | actual or
perceived heterosexuality, homosexuality, |
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| 1 | | bisexuality, or gender-related identity,
whether or not | 2 | | traditionally associated with the person's designated sex at
| 3 | | birth. "Sexual orientation" does not include a physical or | 4 | | sexual attraction to a minor by an adult.
| 5 | | (O-5) Source of income. "Source of income" means the | 6 | | lawful manner by which an individual supports himself or | 7 | | herself and his or her dependents. | 8 | | (P) Unfavorable military discharge. "Unfavorable military | 9 | | discharge"
includes discharges from the Armed Forces of the | 10 | | United States, their
Reserve components, or any National Guard | 11 | | or Naval Militia which are
classified as RE-3 or the | 12 | | equivalent thereof, but does not include those
characterized | 13 | | as RE-4 or "Dishonorable".
| 14 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 15 | | means discrimination
against a person because of his or her | 16 | | actual or perceived: race, color, religion, national origin,
| 17 | | ancestry, age, sex, marital status, order of protection | 18 | | status, disability, military status, sexual
orientation, | 19 | | pregnancy,
or unfavorable
discharge from military service as | 20 | | those terms are defined in this Section.
| 21 | | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; | 22 | | 101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff. | 23 | | 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised | 24 | | 9-29-21.)
| 25 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
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| 1 | | Sec. 3-102. Civil rights violations; real estate | 2 | | transactions. It
is a civil rights violation for an owner or | 3 | | any other person engaging in
a real estate transaction, or for | 4 | | a real estate broker or salesman,
because of unlawful | 5 | | discrimination, familial status, source of income, or an | 6 | | arrest record, as defined under subsection (B-5) of Section | 7 | | 1-103, to:
| 8 | | (A) Transaction. Refuse to engage in a real estate | 9 | | transaction with
a person or to discriminate in making | 10 | | available such a transaction;
| 11 | | (B) Terms. Alter the terms, conditions or privileges | 12 | | of a real
estate transaction or in the furnishing of | 13 | | facilities or services in
connection therewith;
| 14 | | (C) Offer. Refuse to receive or to fail to transmit a | 15 | | bona fide
offer to engage in a real estate transaction | 16 | | from a person;
| 17 | | (D) Negotiation. Refuse to negotiate for a real estate | 18 | | transaction
with a person;
| 19 | | (E) Representations. Represent to a person that real | 20 | | property is
not available for inspection, sale, rental, or | 21 | | lease when in fact it is
so available, or to fail to bring | 22 | | a property listing to his or her
attention, or to refuse to | 23 | | permit him or her to inspect real property;
| 24 | | (F) Publication of Intent. Make, print, circulate, | 25 | | post, mail, publish or cause to be made, printed, | 26 | | circulated, posted, mailed, or published any notice, |
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| 1 | | statement, advertisement or sign, or use a form of | 2 | | application for a real estate transaction, or make a | 3 | | record or inquiry in connection with a prospective real | 4 | | estate transaction, that indicates any preference, | 5 | | limitation, or discrimination based on unlawful | 6 | | discrimination or unlawful discrimination based on | 7 | | familial status , source of income, or an arrest record, or | 8 | | an intention to make any such preference, limitation, or | 9 | | discrimination;
| 10 | | (G) Listings. Offer, solicit, accept, use or retain a | 11 | | listing of
real property with knowledge that unlawful | 12 | | discrimination or
discrimination on the basis of familial | 13 | | status , source of income, or an arrest record in a real | 14 | | estate
transaction is intended.
| 15 | | (Source: P.A. 101-565, eff. 1-1-20 .)
| 16 | | (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| 17 | | Sec. 3-103. Blockbusting. It is a civil rights violation | 18 | | for any
person to:
| 19 | | (A) Solicitation. Solicit for sale, lease, listing or | 20 | | purchase any
residential real estate within this State, on the | 21 | | grounds of loss of
value due to the present or prospective | 22 | | entry into the vicinity of the
property involved of any person | 23 | | or persons of any particular race,
color, religion, national | 24 | | origin, ancestry, age, sex, sexual orientation,
marital | 25 | | status,
familial status , source of income, or
disability.
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| 1 | | (B) Statements. Distribute or cause to be distributed, | 2 | | written
material or statements designed to induce any owner of | 3 | | residential real
estate in this State to sell or lease his or | 4 | | her property because of any
present or prospective changes in | 5 | | the race, color, religion, national
origin, ancestry, age, | 6 | | sex, sexual orientation, marital status, familial
| 7 | | status ,source of income, or disability
of residents in
the | 8 | | vicinity of the property involved.
| 9 | | (C) Creating Alarm. Intentionally create alarm, among | 10 | | residents of
any community, by transmitting communications in | 11 | | any manner, including
a telephone call
whether or not | 12 | | conversation thereby ensues, with a design to induce any
owner | 13 | | of residential real estate in this state to sell or lease his | 14 | | or
her property because of any present or prospective entry | 15 | | into the
vicinity of the property involved of any person or | 16 | | persons of any
particular race, color, religion, national | 17 | | origin, ancestry, age, sex, sexual
orientation, marital
| 18 | | status, familial status , source of income, or disability.
| 19 | | (Source: P.A. 97-877, eff. 8-2-12.)
| 20 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 21 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | 22 | | shall
prohibit:
| 23 | | (A) Private Sales of Single Family Homes. | 24 | | (1) Any sale of a single
family home by its owner so | 25 | | long as the following criteria are met:
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| 1 | | (a) The owner does not own or have a beneficial | 2 | | interest in more
than three single family homes at the | 3 | | time of the sale;
| 4 | | (b) The owner or a member of his or her family was | 5 | | the last current
resident of the home;
| 6 | | (c) The home is sold without the use in any manner | 7 | | of the sales or
rental facilities or services of any | 8 | | real estate broker or salesman, or
of any employee or | 9 | | agent of any real estate broker or salesman;
| 10 | | (d) The home is sold without the publication, | 11 | | posting or mailing,
after notice, of any advertisement | 12 | | or written notice in violation of
paragraph (F) of | 13 | | Section 3-102.
| 14 | | (2) This exemption does not apply to paragraph (F) of | 15 | | Section 3-102.
| 16 | | (B) Apartments. Rental of a housing accommodation in a | 17 | | building
which contains housing accommodations for not more | 18 | | than 4 families
living independently of each other, if the | 19 | | owner resides in one of the housing accommodations.
This | 20 | | exemption does not apply to paragraph (F) of Section 3-102.
| 21 | | (C) Private Rooms. Rental of a room or rooms in a private | 22 | | home by
an owner if he or she or a member of his or her family | 23 | | resides therein or,
while absent for a period of not more than | 24 | | twelve months, if he or she or a
member of his or her family | 25 | | intends to return to reside therein.
| 26 | | (D) Reasonable local, State, or Federal restrictions
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| 1 | | regarding the maximum number of occupants permitted to occupy | 2 | | a dwelling.
| 3 | | (E) Religious Organizations. A religious organization, | 4 | | association,
or society, or any nonprofit institution or | 5 | | organization operated,
supervised or controlled by or in | 6 | | conjunction with a religious
organization, association, or | 7 | | society, from limiting the sale, rental or
occupancy of a | 8 | | dwelling which it owns or operates for other than a
commercial | 9 | | purpose to persons of the same religion, or from giving
| 10 | | preference to such persons, unless membership in such religion | 11 | | is
restricted on account of race, color, or national origin.
| 12 | | (F) Sex. Restricting the rental of rooms in a housing | 13 | | accommodation to
persons of one sex.
| 14 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct | 15 | | against a person because such person has been convicted by
any | 16 | | court of competent jurisdiction of the illegal manufacture or
| 17 | | distribution of a controlled substance as defined in Section | 18 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| 19 | | (H) Persons engaged in the business of furnishing | 20 | | appraisals of real
property from taking into consideration | 21 | | factors other than those based on
unlawful discrimination or | 22 | | familial status or source of income in furnishing appraisals.
| 23 | | (H-1) The owner of an owner-occupied residential building | 24 | | with 4 or
fewer units (including the unit in which the owner | 25 | | resides) from making
decisions regarding whether to rent to a | 26 | | person based upon that person's
sexual orientation.
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| 1 | | (I) Housing for Older Persons. No provision in this | 2 | | Article regarding
familial status shall apply with respect to | 3 | | housing for older persons.
| 4 | | (1) As used in this Section, "housing for older | 5 | | persons" means housing:
| 6 | | (a) provided under any State or Federal program | 7 | | that the Department
determines is specifically | 8 | | designed and operated to assist elderly persons
(as | 9 | | defined in the State or Federal program); or
| 10 | | (b) intended for, and solely occupied by, persons | 11 | | 62 years of age or
older;
or
| 12 | | (c) intended and operated for occupancy by persons | 13 | | 55 years of age or
older and:
| 14 | | (i) at least 80% of the occupied units are | 15 | | occupied by at
least one person who is 55 years of | 16 | | age or older;
| 17 | | (ii) the housing facility or community | 18 | | publishes and adheres to
policies and procedures
| 19 | | that demonstrate the intent required under this
| 20 | | subdivision (c); and
| 21 | | (iii) the housing facility or community | 22 | | complies with rules adopted by
the
Department for | 23 | | verification of occupancy, which shall:
| 24 | | (aa) provide for verification by reliable | 25 | | surveys and affidavits;
and
| 26 | | (bb) include examples of the types of |
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| 1 | | policies and procedures
relevant to
a | 2 | | determination of compliance with the | 3 | | requirement of clause (ii).
| 4 | | These surveys and affidavits shall be admissible in | 5 | | administrative and
judicial proceedings for the purposes | 6 | | of such verification.
| 7 | | (2) Housing shall not fail to meet the requirements | 8 | | for housing for
older persons by reason of:
| 9 | | (a) persons residing in such housing as of the | 10 | | effective date of this
amendatory Act of 1989 who do | 11 | | not meet the age requirements of subsections
(1)(b) or | 12 | | (c); provided, that new occupants of such housing meet | 13 | | the age
requirements of
subsections (1)(b) or (c) of | 14 | | this subsection; or
| 15 | | (b) unoccupied units; provided, that such units | 16 | | are reserved for
occupancy by persons who meet the age | 17 | | requirements of subsections (1)(b)
or (c) of this | 18 | | subsection.
| 19 | | (3) (a) A person shall not be held personally liable | 20 | | for monetary damages
for a violation of this Article | 21 | | if the person reasonably relied, in good
faith, on the | 22 | | application of the exemption under this subsection (I) | 23 | | relating
to housing for older persons.
| 24 | | (b) For the purposes of this item (3), a person may | 25 | | show good faith
reliance on the application of the | 26 | | exemption only by showing that:
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| 1 | | (i) the person has no actual knowledge that | 2 | | the facility or community
is
not, or will not be, | 3 | | eligible for the exemption; and
| 4 | | (ii) the facility or community has stated | 5 | | formally, in writing, that
the
facility or | 6 | | community complies with the requirements for the | 7 | | exemption.
| 8 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 9 | | sex offender who owns and resides at residential real estate | 10 | | to rent any residential unit within the same building in which | 11 | | he or she resides to a person who is the parent or guardian of | 12 | | a child or children under 18 years of age. | 13 | | (K) Arrest Records. Inquiry into or the use of an arrest | 14 | | record if the inquiry or use is otherwise authorized by State | 15 | | or federal law. | 16 | | (L) Financial Institutions. A financial institution as | 17 | | defined in Article 4 from considering source of income in a | 18 | | real estate transaction in compliance with State or federal | 19 | | law. | 20 | | (Source: P.A. 101-565, eff. 1-1-20 .)".
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