Full Text of HB2475 096th General Assembly
HB2475eng 96TH GENERAL ASSEMBLY
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| 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 Section 1-103 and by adding Section 2-103.5 as | 6 |
| follows: | 7 |
| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 8 |
| Sec. 1-103. General Definitions. When used in this Act, | 9 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 11 |
| is at least
40 years old, except with regard to any practice | 12 |
| described in Section
2-102, insofar as that practice concerns | 13 |
| training or apprenticeship
programs. In the case of training or | 14 |
| apprenticeship programs, for the
purposes of Section 2-102, | 15 |
| "age" means the chronological age of a person
who is 18 but not | 16 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 18 |
| is alleged
or proved to have been injured by a civil rights | 19 |
| violation or believes he
or she will be injured by a civil | 20 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 22 |
| Department
by an aggrieved party or initiated by the Department | 23 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 2 |
| includes and
shall be limited to only those specific acts set | 3 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 4 |
| 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 5 |
| 6-101, and 6-102 of this Act.
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| (E) Commission. "Commission" means the Human Rights | 7 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 9 |
| by
the Department with the Commission following an | 10 |
| investigation and
finding of substantial evidence of a civil | 11 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including | 13 |
| the
Department who files a charge of civil rights violation | 14 |
| with the Department or
the Commission.
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| (G-1) Criminal Offense. "Criminal offense" means a | 16 |
| violation of a municipal ordinance, an offense as defined in | 17 |
| Section 5-1-15 of the Unified Code of Corrections, or a | 18 |
| substantially similar law of any other jurisdiction. | 19 |
| (H) Department. "Department" means the Department of Human | 20 |
| Rights
created by this Act.
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| (I) Disability. "Disability" means a determinable physical | 22 |
| or mental
characteristic of a person, including, but not | 23 |
| limited to, a determinable
physical characteristic which | 24 |
| necessitates the person's use of a guide,
hearing or support | 25 |
| dog, the history of such characteristic, or the
perception of | 26 |
| such characteristic by the person complained against, which
may |
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| 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 | 4 |
| person's ability
to perform the duties of a particular job | 5 |
| or position and, pursuant to
Section 2-104 of this Act, a | 6 |
| person's illegal use of drugs or alcohol is not a
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| disability;
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| (2) For purposes of Article 3, is unrelated to the | 9 |
| person's ability
to acquire, rent or maintain a housing | 10 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 12 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 14 |
| person's ability to
utilize and benefit from a place of | 15 |
| public accommodation.
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| (I-1) Qualified ex-offender. "Qualified ex-offender" means | 17 |
| a person who has been convicted of violating a municipal | 18 |
| ordinance, an offense as defined in Section 5-1-15 of the | 19 |
| Unified Code of Corrections, or substantially similar laws of | 20 |
| any other jurisdiction where at least 7 years have elapsed | 21 |
| since the completion of the person's sentence or term of | 22 |
| supervision for his or her last conviction. "Qualified | 23 |
| ex-offender" does not include (i) a person who is currently | 24 |
| charged with an offense as defined in Section 5-1-15 of the | 25 |
| Unified Code of Corrections, (ii) a person required to register | 26 |
| under the Sex Offender Registration Act, the Arsonist |
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| Registration Act, or the Child Murderer and Violent Offender | 2 |
| Against Youth Registration Act or (iii) a person who has been | 3 |
| convicted of committing or attempting to commit first degree | 4 |
| murder. | 5 |
| (J) Marital Status. "Marital status" means the legal status | 6 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 8 |
| status on
active duty in or status as a veteran of the armed | 9 |
| forces of the United States, status as a current member or | 10 |
| veteran of any
reserve component of the armed forces of the | 11 |
| United States, including the United
States Army Reserve, United | 12 |
| States Marine Corps Reserve, United States Navy
Reserve, United | 13 |
| States Air Force Reserve, and United States Coast Guard
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| Reserve, or status as a current member or veteran of the | 15 |
| Illinois Army National Guard or Illinois Air National
Guard.
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| (K) National Origin. "National origin" means the place in | 17 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 19 |
| partnerships,
associations or organizations, labor | 20 |
| organizations, labor unions, joint
apprenticeship committees, | 21 |
| or union labor associations, corporations, the
State of | 22 |
| Illinois and its instrumentalities, political subdivisions, | 23 |
| units
of local government, legal representatives, trustees in | 24 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 26 |
| contract to which the
State, any of its political subdivisions |
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| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 3 |
| observance
and practice, as well as belief, except that with | 4 |
| respect to employers, for
the purposes of Article 2, "religion" | 5 |
| has the meaning ascribed to it in
paragraph (F) of Section | 6 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means | 9 |
| actual or
perceived heterosexuality, homosexuality, | 10 |
| bisexuality, or gender-related identity,
whether or not | 11 |
| traditionally associated with the person's designated sex at
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| birth. "Sexual orientation" does not include a physical or | 13 |
| sexual attraction to a minor by an adult.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 15 |
| discharge"
includes discharges from the Armed Forces of the | 16 |
| United States, their
Reserve components or any National Guard | 17 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 18 |
| thereof, but does not include those
characterized as RE-4 or | 19 |
| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" | 21 |
| means discrimination
against a person because of his or her | 22 |
| race, color, religion, national origin,
ancestry, age, sex, | 23 |
| marital status, disability, military status, sexual
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| orientation,
or unfavorable
discharge from military service as | 25 |
| those terms are defined in this Section.
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| (Source: P.A. 94-803, eff. 5-26-06; 95-392, eff. 8-23-07; |
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| 95-668, eff. 10-10-07; 95-876, eff. 8-21-08; revised | 2 |
| 10-28-08.)
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| (775 ILCS 5/2-103.5 new) | 4 |
| Sec. 2-103.5. Blanket restrictions based on conviction | 5 |
| record. | 6 |
| (A) Violation. Unless otherwise authorized by law, it is a | 7 |
| civil rights violation for any employer, employment agency, or | 8 |
| labor organization to refuse to hire a qualified ex-offender | 9 |
| solely because the qualified ex-offender has previously been | 10 |
| convicted of one or more criminal offenses, or by reason of a | 11 |
| finding of lack of good moral character when the finding is | 12 |
| based solely upon the fact that the qualified ex-offender has | 13 |
| previously been convicted of one or more criminal offenses, | 14 |
| unless: | 15 |
| (1) there is a direct relationship between one or more | 16 |
| of the previous criminal offenses and the employment | 17 |
| sought; | 18 |
| (2) the granting of the employment would involve an | 19 |
| unreasonable risk to property or to the safety or welfare | 20 |
| of specific individuals or the general public; or | 21 |
| (3) the qualified ex-offender is not bondable under a | 22 |
| standard fidelity bond or an equivalent bond where such | 23 |
| bondability is required by state or federal law, | 24 |
| administrative regulation, or established business | 25 |
| practice of the employer. |
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| (B) Factors to be considered in making an employment | 2 |
| determination.
It is appropriate for an employer, employment | 3 |
| agency, or labor organization to consider the following factors | 4 |
| in making an employment decision relating to a person who has a | 5 |
| criminal record: | 6 |
| (1) the public policy of this State, as expressed in | 7 |
| this Act, to encourage the employment of persons previously | 8 |
| convicted of one or more criminal offenses; | 9 |
| (2) the specific duties and responsibilities | 10 |
| necessarily related to the employment sought; | 11 |
| (3) the bearing, if any, the criminal offense or | 12 |
| offenses for which the person was previously convicted will | 13 |
| have on his or her fitness or ability to perform one or | 14 |
| more such duties or responsibilities; | 15 |
| (4) the time which was elapsed since the occurrence of | 16 |
| the criminal offense or offenses; | 17 |
| (5) the age of the person at the time of occurrence of | 18 |
| the criminal offense or offenses; | 19 |
| (6) the seriousness of the offense or offenses; | 20 |
| (7) any information produced by the person, or produced | 21 |
| on his or her behalf, in regard to his or her | 22 |
| rehabilitation and good conduct; | 23 |
| (8) the legitimate interest of the employer; and | 24 |
| (9) certification of relief from disabilities or a | 25 |
| certificate of good conduct issued to the ex-offender. | 26 |
| (C) Misrepresentation or concealment of criminal |
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| background.
The prohibition against the use of a conviction | 2 |
| record contained in this Section shall not be construed to | 3 |
| prohibit an employer, employment agency, or labor organization | 4 |
| from terminating or denying employment to an individual who | 5 |
| intentionally misrepresented or concealed his or her history of | 6 |
| criminal convictions to the employer, employment agency, or | 7 |
| labor organization where the criminal records have not been | 8 |
| sealed or expunged by order of court. | 9 |
| (D) Exceptions. | 10 |
| (1) Nothing in this Section shall be deemed to: | 11 |
| (a) conflict with or affect the application of | 12 |
| security regulations or rules in employment | 13 |
| established by the United States, the State of | 14 |
| Illinois, or local government; nor | 15 |
| (b) prohibit or prevent any financial institution, | 16 |
| in which deposits are insured by a federal agency | 17 |
| having jurisdiction over the financial institution, | 18 |
| from denying employment to or discharging from | 19 |
| employment any person who has been convicted of any | 20 |
| criminal offense involving dishonesty or a breach of | 21 |
| trust, unless it has the prior written consent of the | 22 |
| federal agency having jurisdiction over the financial | 23 |
| institution to hire or retain the person. | 24 |
| (2) This Section does not apply to the Department of | 25 |
| Corrections and the Department of Juvenile Justice.
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