Full Text of HB4179 102nd General Assembly
HB4179 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4179 Introduced 10/19/2021, by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/1-102 | from Ch. 68, par. 1-102 | 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 |
|
Amends the Illinois Human Rights Act. Provides that it is the public policy of the State to secure from all individuals within the State the freedom from discrimination against any individual because of the individual's family responsibilities. Defines "family responsibilities" as an employee's actual or perceived provision of care to a family member, whether in the past, present, or future. Makes a corresponding change in the definition of "unlawful discrimination".
|
| |
| | A BILL FOR |
|
| | | HB4179 | | LRB102 20996 LNS 29906 b |
|
| 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 1-102 and 1-103 as follows: | 6 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 7 | | Sec. 1-102. Declaration of Policy. It is the public | 8 | | policy of this State:
| 9 | | (A) Freedom from Unlawful Discrimination. To secure for | 10 | | all individuals
within Illinois the freedom from | 11 | | discrimination against any individual because
of the | 12 | | individual's his or her race, color, religion, sex, national | 13 | | origin, ancestry, age, order of protection status,
marital | 14 | | status, physical or mental disability, military
status, sexual | 15 | | orientation, pregnancy, family responsibilities, or | 16 | | unfavorable
discharge from military service in connection with | 17 | | employment, real estate
transactions, access to financial | 18 | | credit, and the availability of public
accommodations.
| 19 | | (B) Freedom from Sexual Harassment-Employment and | 20 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 21 | | harassment in employment and sexual harassment in
elementary, | 22 | | secondary, and higher education.
| 23 | | (C) Freedom from Discrimination Based on Citizenship |
| | | HB4179 | - 2 - | LRB102 20996 LNS 29906 b |
|
| 1 | | Status-Employment.
To prevent discrimination based on | 2 | | citizenship status in employment.
| 3 | | (C-5) Freedom from Discrimination Based on Work | 4 | | Authorization Status-Employment. To prevent discrimination | 5 | | based on the specific status or term of status that | 6 | | accompanies a legal work authorization. | 7 | | (D) Freedom from Discrimination Based on Familial | 8 | | Status-Real Estate
Transactions. To prevent discrimination | 9 | | based on familial status in real
estate transactions.
| 10 | | (E) Public Health, Welfare and Safety. To promote the | 11 | | public health,
welfare and safety by protecting the interest | 12 | | of all people in Illinois
in maintaining personal dignity, in | 13 | | realizing their full productive
capacities, and in furthering | 14 | | their interests, rights and privileges as
citizens of this | 15 | | State.
| 16 | | (F) Implementation of Constitutional Guarantees. To secure | 17 | | and
guarantee the rights established by Sections 17, 18 and 19 | 18 | | of Article I
of the Illinois Constitution of 1970.
| 19 | | (G) Equal Opportunity, Affirmative Action. To establish | 20 | | Equal
Opportunity and Affirmative Action as the policies of | 21 | | this State in all
of its decisions, programs and activities, | 22 | | and to assure that all State
departments, boards, commissions | 23 | | and instrumentalities rigorously take
affirmative action to | 24 | | provide equality of opportunity and eliminate the
effects of | 25 | | past discrimination in the internal affairs of State
| 26 | | government and in their relations with the public.
|
| | | HB4179 | - 3 - | LRB102 20996 LNS 29906 b |
|
| 1 | | (H) Unfounded Charges. To protect citizens of this State | 2 | | against
unfounded charges of unlawful discrimination, sexual | 3 | | harassment in
employment and sexual harassment in elementary, | 4 | | secondary, and higher education, and discrimination
based on | 5 | | citizenship status or work authorization status in employment.
| 6 | | (Source: P.A. 102-233, eff. 8-2-21.)
| 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:
| 10 | | (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 | 14 | | or 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.
| 17 | | (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 the person he
or she will be injured by a | 20 | | civil rights violation under Article 3 that is
about to occur.
| 21 | | (B-5) Arrest record. "Arrest record" means: | 22 | | (1) an arrest not leading to a conviction; | 23 | | (2) a juvenile record; or | 24 | | (3) criminal history record information ordered | 25 | | expunged, sealed, or impounded under Section 5.2 of the |
| | | HB4179 | - 4 - | LRB102 20996 LNS 29906 b |
|
| 1 | | Criminal Identification Act. | 2 | | (C) Charge. "Charge" means an allegation filed with the | 3 | | Department
by an aggrieved party or initiated by the | 4 | | Department under its
authority.
| 5 | | (D) Civil rights violation. "Civil rights violation" | 6 | | includes and
shall be limited to only those specific acts set | 7 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 8 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 9 | | 6-101, and 6-102 of this Act.
| 10 | | (E) Commission. "Commission" means the Human Rights | 11 | | Commission
created by this Act.
| 12 | | (F) Complaint. "Complaint" means the formal pleading filed | 13 | | by
the Department with the Commission following an | 14 | | investigation and
finding of substantial evidence of a civil | 15 | | rights violation.
| 16 | | (G) Complainant. "Complainant" means a person including | 17 | | the
Department who files a charge of civil rights violation | 18 | | with the Department or
the Commission.
| 19 | | (G-5) Conviction record. "Conviction record" means | 20 | | information indicating that a person has been convicted of a | 21 | | felony, misdemeanor or other criminal offense, placed on | 22 | | probation, fined, imprisoned, or paroled pursuant to any law | 23 | | enforcement or military authority. | 24 | | (H) Department. "Department" means the Department of Human | 25 | | Rights
created by this Act.
| 26 | | (I) Disability. "Disability" means a determinable physical |
| | | HB4179 | - 5 - | LRB102 20996 LNS 29906 b |
|
| 1 | | or mental
characteristic of a person, including, but not | 2 | | limited to, a determinable
physical characteristic which | 3 | | necessitates the person's use of a guide,
hearing or support | 4 | | dog, the history of such characteristic, or the
perception of | 5 | | such characteristic by the person complained against, which
| 6 | | may result from disease, injury, congenital condition of birth | 7 | | or
functional disorder and which characteristic:
| 8 | | (1) For purposes of Article 2, is unrelated to the | 9 | | person's ability
to perform the duties of a particular job | 10 | | or position and, pursuant to
Section 2-104 of this Act, a | 11 | | person's illegal use of drugs or alcohol is not a
| 12 | | disability;
| 13 | | (2) For purposes of Article 3, is unrelated to the | 14 | | person's ability
to acquire, rent, or maintain a housing | 15 | | accommodation;
| 16 | | (3) For purposes of Article 4, is unrelated to a | 17 | | person's ability to
repay;
| 18 | | (4) For purposes of Article 5, is unrelated to a | 19 | | person's ability to
utilize and benefit from a place of | 20 | | public accommodation;
| 21 | | (5) For purposes of Article 5, also includes any | 22 | | mental, psychological, or developmental disability, | 23 | | including autism spectrum disorders. | 24 | | (I-5) Family responsibilities. "Family responsibilities" | 25 | | means an employee's actual or perceived provision of care to a | 26 | | family member, whether in the past, present, or future. As |
| | | HB4179 | - 6 - | LRB102 20996 LNS 29906 b |
|
| 1 | | used in this definition: | 2 | | "Care" means medical care, psychological comfort, | 3 | | supervision, activities of daily living, transportation, | 4 | | grocery or pharmacy shopping, meal preparation, financial | 5 | | management, financial support, communication with health | 6 | | care professionals, management of changes in care or | 7 | | living arrangement, and other responsibilities of similar | 8 | | importance to daily living. | 9 | | "Family member" means: | 10 | | (1) an individual related to the employee by | 11 | | blood, marriage, adoption, foster care, or legal | 12 | | custody, including an individual related to the | 13 | | employee's spouse; | 14 | | (2) an individual whose close association with the | 15 | | employee is the equivalent of a family relationship; | 16 | | or | 17 | | (3) an individual who relies on the employee for | 18 | | care. | 19 | | (J) Marital status. "Marital status" means the legal | 20 | | status of being
married, single, separated, divorced, or | 21 | | widowed.
| 22 | | (J-1) Military status. "Military status" means a person's | 23 | | status on
active duty in or status as a veteran of the armed | 24 | | forces of the United States, status as a current member or | 25 | | veteran of any
reserve component of the armed forces of the | 26 | | United States, including the United
States Army Reserve, |
| | | HB4179 | - 7 - | LRB102 20996 LNS 29906 b |
|
| 1 | | United States Marine Corps Reserve, United States Navy
| 2 | | Reserve, United States Air Force Reserve, and United States | 3 | | Coast Guard
Reserve, or status as a current member or veteran | 4 | | of the Illinois Army National Guard or Illinois Air National
| 5 | | Guard.
| 6 | | (K) National origin. "National origin" means the place in | 7 | | which a
person or one of the person's his or her ancestors was | 8 | | born.
| 9 | | (K-5) "Order of protection status" means a person's status | 10 | | as being a person protected under an order of protection | 11 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 12 | | Article 112A of the Code of Criminal Procedure of 1963, the | 13 | | Stalking No Contact Order Act, or the Civil No Contact Order | 14 | | Act, or an order of protection issued by a court of another | 15 | | state. | 16 | | (L) Person. "Person" includes one or more individuals, | 17 | | partnerships,
associations or organizations, labor | 18 | | organizations, labor unions, joint
apprenticeship committees, | 19 | | or union labor associations, corporations, the
State of | 20 | | Illinois and its instrumentalities, political subdivisions, | 21 | | units
of local government, legal representatives, trustees in | 22 | | bankruptcy
or receivers.
| 23 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 24 | | or medical or common conditions related to pregnancy or | 25 | | childbirth. | 26 | | (M) Public contract. "Public contract" includes every |
| | | HB4179 | - 8 - | LRB102 20996 LNS 29906 b |
|
| 1 | | contract to which the
State, any of its political | 2 | | subdivisions, or any municipal corporation is a
party.
| 3 | | (N) Religion. "Religion" includes all aspects of religious | 4 | | observance
and practice, as well as belief, except that with | 5 | | respect to employers, for
the purposes of Article 2, | 6 | | "religion" has the meaning ascribed to it in
paragraph (F) of | 7 | | Section 2-101.
| 8 | | (O) Sex. "Sex" means the status of being male or female.
| 9 | | (O-1) Sexual orientation. "Sexual orientation" means | 10 | | actual or
perceived heterosexuality, homosexuality, | 11 | | bisexuality, or gender-related identity,
whether or not | 12 | | traditionally associated with the person's designated sex at
| 13 | | birth. "Sexual orientation" does not include a physical or | 14 | | sexual attraction to a minor by an adult.
| 15 | | (P) Unfavorable military discharge. "Unfavorable military | 16 | | discharge"
includes discharges from the Armed Forces of the | 17 | | United States, their
Reserve components, or any National Guard | 18 | | or Naval Militia which are
classified as RE-3 or the | 19 | | equivalent thereof, but does not include those
characterized | 20 | | as RE-4 or "Dishonorable".
| 21 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 22 | | means discrimination
against a person because of the person's | 23 | | his or her actual or perceived: race, color, religion, | 24 | | national origin,
ancestry, age, sex, marital status, order of | 25 | | protection status, disability, military status, sexual
| 26 | | orientation, pregnancy, family responsibilities,
or |
| | | HB4179 | - 9 - | LRB102 20996 LNS 29906 b |
|
| 1 | | unfavorable
discharge from military service as those terms are | 2 | | defined in this Section.
| 3 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | 4 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; 101-656, eff. | 5 | | 3-23-21.)
|
|