Full Text of HB1000 094th General Assembly
HB1000 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1000
Introduced 2/3/2005, by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/1-102 |
from Ch. 68, par. 1-102 |
775 ILCS 5/1-103 |
from Ch. 68, par. 1-103 |
775 ILCS 5/5-101 |
from Ch. 68, par. 5-101 |
775 ILCS 5/5-102 |
from Ch. 68, par. 5-102 |
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Amends the Public Accommodations Article of the Illinois Human Rights Act. In the definition of "place of public
accommodation", deletes the existing examples and inserts language listing facilities that are considered public accommodations for purposes of the Article. Provides that it is a civil rights violation to deny or refuse full and equal enjoyment of goods of any place of public accommodation. Refers to "disability" (rather than "handicap") in some parts of the Act.
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A BILL FOR
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HB1000 |
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LRB094 09733 RXD 39989 b |
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| 1 |
| AN ACT concerning human rights.
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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, 5-101, and 5-102 as follows:
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| (Text of Section before amendment by P.A. 93-1078 )
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| Sec. 1-102. Declaration of Policy. It is the public policy | 9 |
| of this State:
| 10 |
| (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 handicap, military status, or unfavorable
| 15 |
| discharge from military service in connection with employment, | 16 |
| real estate
transactions, access to financial credit, and the | 17 |
| availability of public
accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher | 19 |
| Education.
To prevent sexual harassment in employment and | 20 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 22 |
| Status-Employment.
To prevent discrimination based on | 23 |
| citizenship status in employment.
| 24 |
| (D) Freedom from Discrimination Based on Familial | 25 |
| Status-Real Estate
Transactions. To prevent discrimination | 26 |
| based on familial status in real
estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the | 28 |
| public health,
welfare and safety by protecting the interest of | 29 |
| all people in Illinois
in maintaining personal dignity, in | 30 |
| realizing their full productive
capacities, and in furthering | 31 |
| their interests, rights and privileges as
citizens of this | 32 |
| State.
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| (F) Implementation of Constitutional Guarantees. To secure | 2 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 3 |
| of Article I
of the Illinois Constitution of 1970.
| 4 |
| (G) Equal Opportunity, Affirmative Action. To establish | 5 |
| Equal
Opportunity and Affirmative Action as the policies of | 6 |
| this State in all
of its decisions, programs and activities, | 7 |
| and to assure that all State
departments, boards, commissions | 8 |
| and instrumentalities rigorously take
affirmative action to | 9 |
| provide equality of opportunity and eliminate the
effects of | 10 |
| past discrimination in the internal affairs of State
government | 11 |
| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State | 13 |
| against
unfounded charges of unlawful discrimination, sexual | 14 |
| harassment in
employment and sexual harassment in higher | 15 |
| education, and discrimination
based on citizenship status in | 16 |
| employment.
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| (Source: P.A. 87-579; 88-178.)
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| (Text of Section after amendment by P.A. 93-1078 ) | 19 |
| Sec. 1-102. Declaration of Policy. It is the public policy | 20 |
| of this State:
| 21 |
| (A) Freedom from Unlawful Discrimination. To secure for all | 22 |
| individuals
within Illinois the freedom from discrimination | 23 |
| against any individual because
of his or her race, color, | 24 |
| religion, sex, national origin, ancestry, age,
marital status, | 25 |
| physical or mental disability
handicap , military
status, | 26 |
| sexual orientation, or unfavorable
discharge from military | 27 |
| service in connection with employment, real estate
| 28 |
| transactions, access to financial credit, and the availability | 29 |
| of public
accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher | 31 |
| Education.
To prevent sexual harassment in employment and | 32 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 34 |
| Status-Employment.
To prevent discrimination based on | 35 |
| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial | 2 |
| Status-Real Estate
Transactions. To prevent discrimination | 3 |
| based on familial status in real
estate transactions.
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| (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.
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| (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.
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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) | 28 |
| (Text of Section before amendment by P.A. 93-1078 ) | 29 |
| Sec. 1-103. General Definitions. When used in this Act, | 30 |
| unless the
context requires otherwise, the term:
| 31 |
| (A) Age. "Age" means the chronological age of a person who | 32 |
| is at least
40 years old, except with regard to any practice | 33 |
| described in Section
2-102, insofar as that practice concerns | 34 |
| training or apprenticeship
programs. In the case of training or | 35 |
| apprenticeship programs, for the
purposes of Section 2-102, |
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| "age" means the chronological age of a person
who is 18 but not | 2 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 4 |
| is alleged
or proved to have been injured by a civil rights | 5 |
| violation or believes he
or she will be injured by a civil | 6 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 8 |
| Department
by an aggrieved party or initiated by the Department | 9 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 11 |
| includes and
shall be limited to only those specific acts set | 12 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 13 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 14 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 16 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 18 |
| by
the Department with the Commission following an | 19 |
| investigation and
finding of substantial evidence of a civil | 20 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including | 22 |
| the
Department who files a charge of civil rights violation | 23 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 25 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 27 |
| mental
characteristic of a person, including, but not limited | 28 |
| to, a determinable
physical characteristic which necessitates | 29 |
| the person's use of a guide,
hearing or support dog, the | 30 |
| history of such characteristic, or the
perception of such | 31 |
| characteristic by the person complained against, which
may | 32 |
| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the | 35 |
| person's ability
to perform the duties of a particular job | 36 |
| or position and, pursuant to
Section 2-104 of this Act, a |
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| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the | 3 |
| person's ability
to acquire, rent or maintain a housing | 4 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 6 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 8 |
| person's ability to
utilize and benefit from a place of | 9 |
| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status | 11 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 13 |
| status on
active duty in the armed forces of the United States, | 14 |
| status as a current member of any
reserve component of the | 15 |
| armed forces of the United States, including the United
States | 16 |
| Army Reserve, United States Marine Corps Reserve, United States | 17 |
| Navy
Reserve, United States Air Force Reserve, and United | 18 |
| States Coast Guard
Reserve, or status as a current member of | 19 |
| the Illinois Army National Guard or Illinois Air National
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| Guard.
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| (K) National Origin. "National origin" means the place in | 22 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 24 |
| partnerships,
associations or organizations, labor | 25 |
| organizations, labor unions, joint
apprenticeship committees, | 26 |
| or union labor associations, corporations, the
State of | 27 |
| Illinois and its instrumentalities, political subdivisions, | 28 |
| units
of local government, legal representatives, trustees in | 29 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 31 |
| contract to which the
State, any of its political subdivisions | 32 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 34 |
| observance
and practice, as well as belief, except that with | 35 |
| respect to employers, for
the purposes of Article 2, "religion" | 36 |
| has the meaning ascribed to it in
paragraph (F) of Section |
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| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 4 |
| discharge"
includes discharges from the Armed Forces of the | 5 |
| United States, their
Reserve components or any National Guard | 6 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 7 |
| thereof, but does not include those
characterized as RE-4 or | 8 |
| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" | 10 |
| means discrimination
against a person because of his or her | 11 |
| race, color, religion, national origin,
ancestry, age, sex, | 12 |
| marital status, handicap, military status, or unfavorable
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| discharge from military service as those terms are defined in | 14 |
| this Section.
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| (Source: P.A. 93-941, eff. 8-16-04.)
| 16 |
| (Text of Section after amendment by P.A. 93-1078 ) | 17 |
| Sec. 1-103. General Definitions. When used in this Act, | 18 |
| unless the
context requires otherwise, the term:
| 19 |
| (A) Age. "Age" means the chronological age of a person who | 20 |
| is at least
40 years old, except with regard to any practice | 21 |
| described in Section
2-102, insofar as that practice concerns | 22 |
| training or apprenticeship
programs. In the case of training or | 23 |
| apprenticeship programs, for the
purposes of Section 2-102, | 24 |
| "age" means the chronological age of a person
who is 18 but not | 25 |
| yet 40 years old.
| 26 |
| (B) Aggrieved Party. "Aggrieved party" means a person who | 27 |
| is alleged
or proved to have been injured by a civil rights | 28 |
| violation or believes he
or she will be injured by a civil | 29 |
| rights violation under Article 3 that is
about to occur.
| 30 |
| (C) Charge. "Charge" means an allegation filed with the | 31 |
| Department
by an aggrieved party or initiated by the Department | 32 |
| under its
authority.
| 33 |
| (D) Civil Rights Violation. "Civil rights violation" | 34 |
| includes and
shall be limited to only those specific acts set | 35 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, |
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LRB094 09733 RXD 39989 b |
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| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 2 |
| Act.
| 3 |
| (E) Commission. "Commission" means the Human Rights | 4 |
| Commission
created by this Act.
| 5 |
| (F) Complaint. "Complaint" means the formal pleading filed | 6 |
| by
the Department with the Commission following an | 7 |
| investigation and
finding of substantial evidence of a civil | 8 |
| rights violation.
| 9 |
| (G) Complainant. "Complainant" means a person including | 10 |
| the
Department who files a charge of civil rights violation | 11 |
| with the Department or
the Commission.
| 12 |
| (H) Department. "Department" means the Department of Human | 13 |
| Rights
created by this Act.
| 14 |
| (I) Disability
Handicap . "Disability"
"Handicap" means a | 15 |
| determinable physical or mental
characteristic of a person, | 16 |
| including, but not limited to, a determinable
physical | 17 |
| characteristic which necessitates the person's use of a guide,
| 18 |
| hearing or support dog, the history of such characteristic, or | 19 |
| the
perception of such characteristic by the person complained | 20 |
| against, which
may result from disease, injury, congenital | 21 |
| condition of birth or
functional disorder and which | 22 |
| characteristic:
| 23 |
| (1) For purposes of Article 2 is unrelated to the | 24 |
| person's ability
to perform the duties of a particular job | 25 |
| or position and, pursuant to
Section 2-104 of this Act, a | 26 |
| person's illegal use of drugs or alcohol is not a
| 27 |
| disability
handicap ;
| 28 |
| (2) For purposes of Article 3, is unrelated to the | 29 |
| person's ability
to acquire, rent or maintain a housing | 30 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 32 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 34 |
| person's ability to
utilize and benefit from a place of | 35 |
| public accommodation.
| 36 |
| (J) Marital Status. "Marital status" means the legal status |
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| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 3 |
| status on
active duty in the armed forces of the United States, | 4 |
| status as a current member of any
reserve component of the | 5 |
| armed forces of the United States, including the United
States | 6 |
| Army Reserve, United States Marine Corps Reserve, United States | 7 |
| Navy
Reserve, United States Air Force Reserve, and United | 8 |
| States Coast Guard
Reserve, or status as a current member of | 9 |
| the Illinois Army National Guard or Illinois Air National
| 10 |
| Guard.
| 11 |
| (K) National Origin. "National origin" means the place in | 12 |
| which a
person or one of his or her ancestors was born.
| 13 |
| (L) Person. "Person" includes one or more individuals, | 14 |
| partnerships,
associations or organizations, labor | 15 |
| organizations, labor unions, joint
apprenticeship committees, | 16 |
| or union labor associations, corporations, the
State of | 17 |
| Illinois and its instrumentalities, political subdivisions, | 18 |
| units
of local government, legal representatives, trustees in | 19 |
| bankruptcy
or receivers.
| 20 |
| (M) Public Contract. "Public contract" includes every | 21 |
| contract to which the
State, any of its political subdivisions | 22 |
| or any municipal corporation is a
party.
| 23 |
| (N) Religion. "Religion" includes all aspects of religious | 24 |
| observance
and practice, as well as belief, except that with | 25 |
| respect to employers, for
the purposes of Article 2, "religion" | 26 |
| has the meaning ascribed to it in
paragraph (F) of Section | 27 |
| 2-101.
| 28 |
| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means | 30 |
| actual or
perceived heterosexuality, homosexuality, | 31 |
| bisexuality, or gender-related identity,
whether or not | 32 |
| traditionally associated with the person's designated sex at
| 33 |
| birth. "Sexual orientation" does not include a physical or | 34 |
| sexual attraction to a minor by an adult.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 36 |
| discharge"
includes discharges from the Armed Forces of the |
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| United States, their
Reserve components or any National Guard | 2 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 3 |
| thereof, but does not include those
characterized as RE-4 or | 4 |
| "Dishonorable".
| 5 |
| (Q) Unlawful Discrimination. "Unlawful discrimination" | 6 |
| means discrimination
against a person because of his or her | 7 |
| race, color, religion, national origin,
ancestry, age, sex, | 8 |
| marital status, disability
handicap , military status, sexual
| 9 |
| orientation,
or unfavorable
discharge from military service as | 10 |
| those terms are defined in this Section.
| 11 |
| (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06.)
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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 | 14 |
| 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" means :
a business, accommodation, refreshment,
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| entertainment, recreation, or transportation facility of any | 18 |
| kind,
whether licensed or not, whose goods, services, | 19 |
| facilities, privileges,
advantages or accommodations are | 20 |
| extended, offered, sold, or otherwise
made available to the | 21 |
| public.
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| (1) an inn, hotel, motel, or other place of lodging, | 23 |
| except
for an establishment located within a building that | 24 |
| contains
not more than 5 rooms for rent or hire and that is | 25 |
| actually
occupied by the proprietor of such establishment | 26 |
| as the
residence of such proprietor; | 27 |
| (2) a restaurant, bar, or other establishment serving | 28 |
| food or
drink; | 29 |
| (3) a motion picture house, theater, concert hall, | 30 |
| stadium,
or other place of exhibition or entertainment; | 31 |
| (4) an auditorium, convention center, lecture hall, or | 32 |
| other
place of public gathering; | 33 |
| (5) a bakery, grocery store, clothing store, hardware | 34 |
| store,
shopping center, or other sales or rental | 35 |
| establishment; |
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| (6) a laundromat, dry-cleaner, bank, barber shop, | 2 |
| beauty
shop, travel service, shoe repair service, funeral | 3 |
| parlor, gas
station, office of an accountant or lawyer, | 4 |
| pharmacy, insurance
office, professional office of a | 5 |
| health care provider,
hospital, or other service | 6 |
| establishment; | 7 |
| (7) public conveyances on air, water, or land;
| 8 |
| (8) a terminal, depot, or other station used for | 9 |
| specified
public transportation; | 10 |
| (9) a museum, library, gallery, or other place of | 11 |
| public
display or collection; | 12 |
| (10) a park, zoo, amusement park, or other place of
| 13 |
| recreation; | 14 |
| (11) a nursery, elementary, secondary, undergraduate, | 15 |
| or
postgraduate private school, or other place of | 16 |
| education; | 17 |
| (12) a day care center, senior citizen center, homeless
| 18 |
| shelter, food bank, adoption agency, or other social | 19 |
| service
center establishment; and | 20 |
| (13) a gymnasium, health spa, bowling alley, golf | 21 |
| course, or
other place of exercise or recreation.
| 22 |
| (2) By way of example, but not of limitation, "place of | 23 |
| public
accommodation" includes facilities of the following | 24 |
| types: inns,
restaurants, eating houses, hotels, soda | 25 |
| fountains, soft drink parlors,
taverns, roadhouses, barber | 26 |
| shops, department stores, clothing stores,
hat stores, shoe | 27 |
| stores, bathrooms, restrooms, theatres, skating rinks,
public | 28 |
| golf courses, public golf driving ranges, concerts, cafes,
| 29 |
| bicycle rinks, elevators, ice cream parlors or rooms, | 30 |
| railroads,
omnibuses, busses, stages, airplanes, street cars, | 31 |
| boats, funeral
hearses, crematories, cemeteries, and public | 32 |
| conveyances on land, water,
or air, public swimming pools and | 33 |
| other places of public accommodation
and amusement.
| 34 |
| (B) Operator. "Operator" means any owner, lessee, | 35 |
| proprietor,
manager, superintendent, agent, or occupant of a | 36 |
| place of public
accommodation or an employee of any such person |
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| or persons.
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| (C) Public Official. "Public official" means any officer or | 3 |
| employee
of the state or any agency thereof, including state | 4 |
| political subdivisions,
municipal corporations, park | 5 |
| districts, forest preserve districts, educational
institutions | 6 |
| and schools.
| 7 |
| (Source: P.A. 81-1267.)
| 8 |
| (775 ILCS 5/5-102) (from Ch. 68, par. 5-102)
| 9 |
| Sec. 5-102. Civil Rights Violations: Public | 10 |
| Accommodations. It is a civil
rights violation for any person | 11 |
| on the basis of unlawful discrimination to:
| 12 |
| (A) Enjoyment of Facilities , Goods, and Services . Deny or | 13 |
| refuse to another the full and equal
enjoyment of the | 14 |
| facilities , goods, and services of any public place of | 15 |
| accommodation;
| 16 |
| (B) Written Communications. Directly or indirectly, as the | 17 |
| operator of
a place of public accommodation, publish, | 18 |
| circulate, display or mail any
written communication, except a | 19 |
| private communication sent in response to
a specific inquiry, | 20 |
| which the operator knows is to the effect that any of
the | 21 |
| facilities of the place of public accommodation will be denied | 22 |
| to any
person or that any person is
unwelcome, objectionable or | 23 |
| unacceptable because of unlawful discrimination;
| 24 |
| (C) Public Officials. Deny or refuse to another, as a | 25 |
| public official,
the full and equal enjoyment of the | 26 |
| accommodations, advantage, facilities
or privileges of the | 27 |
| official's office or services or of any property under
the | 28 |
| official's care because of unlawful discrimination.
| 29 |
| (Source: P.A. 81-1216.)
| 30 |
| Section 95. No acceleration or delay. Where this Act makes | 31 |
| changes in a
statute that is represented in this Act by text | 32 |
| that is not yet or no longer in
effect (for example, a Section | 33 |
| represented by multiple versions), the use of
that text does | 34 |
| not accelerate or delay the taking effect of (i) the changes
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| made by this Act or (ii) provisions derived from any other | 2 |
| Public Act.
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