Illinois General Assembly - Full Text of HB4179
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Full Text of HB4179  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 10/19/2021, by Rep. Jennifer Gong-Gershowitz


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".

LRB102 20996 LNS 29906 b





HB4179LRB102 20996 LNS 29906 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing 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
8policy of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for
10all individuals within Illinois the freedom from
11discrimination against any individual because of the
12individual's his or her race, color, religion, sex, national
13origin, ancestry, age, order of protection status, marital
14status, physical or mental disability, military status, sexual
15orientation, pregnancy, family responsibilities, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship



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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial
8Status-Real Estate Transactions. To prevent discrimination
9based on familial status in real estate transactions.
10    (E) Public Health, Welfare and Safety. To promote the
11public health, welfare and safety by protecting the interest
12of all people in Illinois in maintaining personal dignity, in
13realizing their full productive capacities, and in furthering
14their interests, rights and privileges as citizens of this
16    (F) Implementation of Constitutional Guarantees. To secure
17and guarantee the rights established by Sections 17, 18 and 19
18of Article I of the Illinois Constitution of 1970.
19    (G) Equal Opportunity, Affirmative Action. To establish
20Equal Opportunity and Affirmative Action as the policies of
21this State in all of its decisions, programs and activities,
22and to assure that all State departments, boards, commissions
23and instrumentalities rigorously take affirmative action to
24provide equality of opportunity and eliminate the effects of
25past discrimination in the internal affairs of State
26government and in their relations with the public.



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1    (H) Unfounded Charges. To protect citizens of this State
2against unfounded charges of unlawful discrimination, sexual
3harassment in employment and sexual harassment in elementary,
4secondary, and higher education, and discrimination based on
5citizenship 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,
9unless the context requires otherwise, the term:
10    (A) Age. "Age" means the chronological age of a person who
11is at least 40 years old, except with regard to any practice
12described in Section 2-102, insofar as that practice concerns
13training or apprenticeship programs. In the case of training
14or apprenticeship programs, for the purposes of Section 2-102,
15"age" means the chronological age of a person who is 18 but not
16yet 40 years old.
17    (B) Aggrieved party. "Aggrieved party" means a person who
18is alleged or proved to have been injured by a civil rights
19violation or believes the person he or she will be injured by a
20civil 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



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1    Criminal Identification Act.
2    (C) Charge. "Charge" means an allegation filed with the
3Department by an aggrieved party or initiated by the
4Department under its authority.
5    (D) Civil rights violation. "Civil rights violation"
6includes and shall be limited to only those specific acts set
7forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
83-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
96-101, and 6-102 of this Act.
10    (E) Commission. "Commission" means the Human Rights
11Commission created by this Act.
12    (F) Complaint. "Complaint" means the formal pleading filed
13by the Department with the Commission following an
14investigation and finding of substantial evidence of a civil
15rights violation.
16    (G) Complainant. "Complainant" means a person including
17the Department who files a charge of civil rights violation
18with the Department or the Commission.
19    (G-5) Conviction record. "Conviction record" means
20information indicating that a person has been convicted of a
21felony, misdemeanor or other criminal offense, placed on
22probation, fined, imprisoned, or paroled pursuant to any law
23enforcement or military authority.
24    (H) Department. "Department" means the Department of Human
25Rights created by this Act.
26    (I) Disability. "Disability" means a determinable physical



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1or mental characteristic of a person, including, but not
2limited to, a determinable physical characteristic which
3necessitates the person's use of a guide, hearing or support
4dog, the history of such characteristic, or the perception of
5such characteristic by the person complained against, which
6may result from disease, injury, congenital condition of birth
7or 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"
25means an employee's actual or perceived provision of care to a
26family member, whether in the past, present, or future. As



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1used 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
20status of being married, single, separated, divorced, or
22    (J-1) Military status. "Military status" means a person's
23status on active duty in or status as a veteran of the armed
24forces of the United States, status as a current member or
25veteran of any reserve component of the armed forces of the
26United States, including the United States Army Reserve,



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1United States Marine Corps Reserve, United States Navy
2Reserve, United States Air Force Reserve, and United States
3Coast Guard Reserve, or status as a current member or veteran
4of the Illinois Army National Guard or Illinois Air National
6    (K) National origin. "National origin" means the place in
7which a person or one of the person's his or her ancestors was
9    (K-5) "Order of protection status" means a person's status
10as being a person protected under an order of protection
11issued pursuant to the Illinois Domestic Violence Act of 1986,
12Article 112A of the Code of Criminal Procedure of 1963, the
13Stalking No Contact Order Act, or the Civil No Contact Order
14Act, or an order of protection issued by a court of another
16    (L) Person. "Person" includes one or more individuals,
17partnerships, associations or organizations, labor
18organizations, labor unions, joint apprenticeship committees,
19or union labor associations, corporations, the State of
20Illinois and its instrumentalities, political subdivisions,
21units of local government, legal representatives, trustees in
22bankruptcy or receivers.
23    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
24or medical or common conditions related to pregnancy or
26    (M) Public contract. "Public contract" includes every



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1contract to which the State, any of its political
2subdivisions, or any municipal corporation is a party.
3    (N) Religion. "Religion" includes all aspects of religious
4observance and practice, as well as belief, except that with
5respect to employers, for the purposes of Article 2,
6"religion" has the meaning ascribed to it in paragraph (F) of
7Section 2-101.
8    (O) Sex. "Sex" means the status of being male or female.
9    (O-1) Sexual orientation. "Sexual orientation" means
10actual or perceived heterosexuality, homosexuality,
11bisexuality, or gender-related identity, whether or not
12traditionally associated with the person's designated sex at
13birth. "Sexual orientation" does not include a physical or
14sexual attraction to a minor by an adult.
15    (P) Unfavorable military discharge. "Unfavorable military
16discharge" includes discharges from the Armed Forces of the
17United States, their Reserve components, or any National Guard
18or Naval Militia which are classified as RE-3 or the
19equivalent thereof, but does not include those characterized
20as RE-4 or "Dishonorable".
21    (Q) Unlawful discrimination. "Unlawful discrimination"
22means discrimination against a person because of the person's
23his or her actual or perceived: race, color, religion,
24national origin, ancestry, age, sex, marital status, order of
25protection status, disability, military status, sexual
26orientation, pregnancy, family responsibilities, or



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1unfavorable discharge from military service as those terms are
2defined in this Section.
3(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
4101-221, eff. 1-1-20; 101-565, eff. 1-1-20; 101-656, eff.