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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0034eng HB0034 Engrossed LRB9200898WHcs 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, 1-103, 2-101, 2-104, 3-102.1, 3-103, 6 and 3-104.1 as 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 marital status, physical or mental disabilityhandicap, 15 military status, or unfavorable discharge from military 16 service in connection with employment, real estate 17 transactions, access to financial credit, and the 18 availability of public accommodations. 19 (B) Freedom from Sexual Harassment-Employment and Higher 20 Education. To prevent sexual harassment in employment and 21 sexual harassment in higher education. 22 (C) Freedom from Discrimination Based on Citizenship 23 Status-Employment. To prevent discrimination based on 24 citizenship status in employment. 25 (D) Freedom from Discrimination Based on Familial 26 Status-Real Estate Transactions. To prevent discrimination 27 based on familial status in real estate transactions. 28 (E) Public Health, Welfare and Safety. To promote the 29 public health, welfare and safety by protecting the interest 30 of all people in Illinois in maintaining personal dignity, in 31 realizing their full productive capacities, and in furthering HB0034 Engrossed -2- LRB9200898WHcs 1 their interests, rights and privileges as citizens of this 2 State. 3 (F) Implementation of Constitutional Guarantees. To 4 secure and guarantee the rights established by Sections 17, 5 18 and 19 of Article I of the Illinois Constitution of 1970. 6 (G) Equal Opportunity, Affirmative Action. To establish 7 Equal Opportunity and Affirmative Action as the policies of 8 this State in all of its decisions, programs and activities, 9 and to assure that all State departments, boards, commissions 10 and instrumentalities rigorously take affirmative action to 11 provide equality of opportunity and eliminate the effects of 12 past discrimination in the internal affairs of State 13 government and in their relations with the public. 14 (H) Unfounded Charges. To protect citizens of this State 15 against unfounded charges of unlawful discrimination, sexual 16 harassment in employment and sexual harassment in higher 17 education, and discrimination based on citizenship status in 18 employment. 19 (Source: P.A. 87-579; 88-178.) 20 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) 21 Sec. 1-103. General Definitions. When used in this Act, 22 unless the context requires otherwise, the term: 23 (A) Age. "Age" means the chronological age of a person 24 who is at least 40 years old, except with regard to any 25 practice described in Section 2-102, insofar as that practice 26 concerns training or apprenticeship programs. In the case of 27 training or apprenticeship programs, for the purposes of 28 Section 2-102, "age" means the chronological age of a person 29 who is 18 but not yet 40 years old. 30 (B) Aggrieved Party. "Aggrieved party" means a person 31 who is alleged or proved to have been injured by a civil 32 rights violation or believes he or she will be injured by a 33 civil rights violation under Article 3 that is about to HB0034 Engrossed -3- LRB9200898WHcs 1 occur. 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, 3-103, 3-104, 8 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this 9 Act. 10 (E) Commission. "Commission" means the Human Rights 11 Commission created by this Act. 12 (F) Complaint. "Complaint" means the formal pleading 13 filed 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 (H) Department. "Department" means the Department of 20 Human Rights created by this Act. 21 (I) DisabilityHandicap. "DisabilityHandicap" means a 22 determinable physical or mental characteristic of a person, 23 including, but not limited to, a determinable physical 24 characteristic which necessitates the person's use of a 25 guide, hearing or support dog, the history of such 26 characteristic, or the perception of such characteristic by 27 the person complained against, which may result from disease, 28 injury, congenital condition of birth or functional disorder 29 and which characteristic: 30 (1) For purposes of Article 2 is unrelated to the 31 person's ability to perform the duties of a particular 32 job or position and, pursuant to Section 2-104 of this 33 Act, a person's illegal use of drugs or alcohol is not a 34 disabilityhandicap; HB0034 Engrossed -4- LRB9200898WHcs 1 (2) For purposes of Article 3, is unrelated to the 2 person's ability to acquire, rent or maintain a housing 3 accommodation; 4 (3) For purposes of Article 4, is unrelated to a 5 person's ability to repay; 6 (4) For purposes of Article 5, is unrelated to a 7 person's ability to utilize and benefit from a place of 8 public accommodation. 9 (J) Marital Status. "Marital status" means the legal 10 status of being married, single, separated, divorced or 11 widowed. 12 (J-1) Military Status. "Military status" means a 13 person's status on active duty in the armed forces of the 14 United States. 15 (K) National Origin. "National origin" means the place 16 in which a person or one of his or her ancestors was born. 17 (L) Person. "Person" includes one or more individuals, 18 partnerships, associations or organizations, labor 19 organizations, labor unions, joint apprenticeship committees, 20 or union labor associations, corporations, the State of 21 Illinois and its instrumentalities, political subdivisions, 22 units of local government, legal representatives, trustees in 23 bankruptcy or receivers. 24 (M) Public Contract. "Public contract" includes every 25 contract to which the State, any of its political 26 subdivisions or any municipal corporation is a party. 27 (N) Religion. "Religion" includes all aspects of 28 religious observance and practice, as well as belief, except 29 that with respect to employers, for the purposes of Article 30 2, "religion" has the meaning ascribed to it in paragraph (F) 31 of Section 2-101. 32 (O) Sex. "Sex" means the status of being male or female. 33 (P) Unfavorable Military Discharge. "Unfavorable 34 military discharge" includes discharges from the Armed Forces HB0034 Engrossed -5- LRB9200898WHcs 1 of the United States, their Reserve components or any 2 National Guard or Naval Militia which are classified as RE-3 3 or the equivalent thereof, but does not include those 4 characterized as RE-4 or "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, disabilityhandicap, military status, or 9 unfavorable discharge from military service as those terms 10 are defined in this Section. 11 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.) 12 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101) 13 Sec. 2-101. Definitions. The following definitions are 14 applicable strictly in the context of this Article. 15 (A) Employee. 16 (1) "Employee" includes: 17 (a) Any individual performing services for 18 remuneration within this State for an employer; 19 (b) An apprentice; 20 (c) An applicant for any apprenticeship. 21 (2) "Employee" does not include: 22 (a) Domestic servants in private homes; 23 (b) Individuals employed by persons who are 24 not "employers" as defined by this Act; 25 (c) Elected public officials or the members of 26 their immediate personal staffs; 27 (d) Principal administrative officers of the 28 State or of any political subdivision, municipal 29 corporation or other governmental unit or agency; 30 (e) A person in a vocational rehabilitation 31 facility certified under federal law who has been 32 designated an evaluee, trainee, or work activity 33 client. HB0034 Engrossed -6- LRB9200898WHcs 1 (B) Employer. 2 (1) "Employer" includes: 3 (a) Any person employing 15 or more employees 4 within Illinois during 20 or more calendar weeks 5 within the calendar year of or preceding the alleged 6 violation; 7 (b) Any person employing one or more employees 8 when a complainant alleges civil rights violation 9 due to unlawful discrimination based upon his or her 10 physical or mental disabilityhandicapunrelated to 11 ability or sexual harassment; 12 (c) The State and any political subdivision, 13 municipal corporation or other governmental unit or 14 agency, without regard to the number of employees; 15 (d) Any party to a public contract without 16 regard to the number of employees; 17 (e) A joint apprenticeship or training 18 committee without regard to the number of employees. 19 (2) "Employer" does not include any religious 20 corporation, association, educational institution, 21 society, or non-profit nursing institution conducted by 22 and for those who rely upon treatment by prayer through 23 spiritual means in accordance with the tenets of a 24 recognized church or religious denomination with respect 25 to the employment of individuals of a particular religion 26 to perform work connected with the carrying on by such 27 corporation, association, educational institution, 28 society or non-profit nursing institution of its 29 activities. 30 (C) Employment Agency. "Employment Agency" includes both 31 public and private employment agencies and any person, labor 32 organization, or labor union having a hiring hall or hiring 33 office regularly undertaking, with or without compensation, 34 to procure opportunities to work, or to procure, recruit, HB0034 Engrossed -7- LRB9200898WHcs 1 refer or place employees. 2 (D) Labor Organization. "Labor Organization" includes 3 any organization, labor union, craft union, or any voluntary 4 unincorporated association designed to further the cause of 5 the rights of union labor which is constituted for the 6 purpose, in whole or in part, of collective bargaining or of 7 dealing with employers concerning grievances, terms or 8 conditions of employment, or apprenticeships or applications 9 for apprenticeships, or of other mutual aid or protection in 10 connection with employment, including apprenticeships or 11 applications for apprenticeships. 12 (E) Sexual Harassment. "Sexual harassment" means any 13 unwelcome sexual advances or requests for sexual favors or 14 any conduct of a sexual nature when (1) submission to such 15 conduct is made either explicitly or implicitly a term or 16 condition of an individual's employment, (2) submission to or 17 rejection of such conduct by an individual is used as the 18 basis for employment decisions affecting such individual, or 19 (3) such conduct has the purpose or effect of substantially 20 interfering with an individual's work performance or creating 21 an intimidating, hostile or offensive working environment. 22 (F) Religion. "Religion" with respect to employers 23 includes all aspects of religious observance and practice, as 24 well as belief, unless an employer demonstrates that he is 25 unable to reasonably accommodate an employee's or prospective 26 employee's religious observance or practice without undue 27 hardship on the conduct of the employer's business. 28 (G) Public Employer. "Public employer" means the State, 29 an agency or department thereof, unit of local government, 30 school district, instrumentality or political subdivision. 31 (H) Public Employee. "Public employee" means an 32 employee of the State, agency or department thereof, unit of 33 local government, school district, instrumentality or 34 political subdivision. "Public employee" does not include HB0034 Engrossed -8- LRB9200898WHcs 1 public officers or employees of the General Assembly or 2 agencies thereof. 3 (I) Public Officer. "Public officer" means a person who 4 is elected to office pursuant to the Constitution or a 5 statute or ordinance, or who is appointed to an office which 6 is established, and the qualifications and duties of which 7 are prescribed, by the Constitution or a statute or 8 ordinance, to discharge a public duty for the State, agency 9 or department thereof, unit of local government, school 10 district, instrumentality or political subdivision. 11 (J) Eligible Bidder. "Eligible bidder" means a person 12 who, prior to a bid opening, has filed with the Department a 13 properly completed, sworn and currently valid employer report 14 form, pursuant to the Department's regulations. The 15 provisions of this Article relating to eligible bidders apply 16 only to bids on contracts with the State and its departments, 17 agencies, boards, and commissions, and the provisions do not 18 apply to bids on contracts with units of local government or 19 school districts. 20 (K) Citizenship Status. "Citizenship status" means the 21 status of being: 22 (1) a born U.S. citizen; 23 (2) a naturalized U.S. citizen; 24 (3) a U.S. national; or 25 (4) a person born outside the United States and not 26 a U.S. citizen who is not an unauthorized alien and who 27 is protected from discrimination under the provisions of 28 Section 1324b of Title 8 of the United States Code, as 29 now or hereafter amended. 30 (Source: P.A. 86-1343; 87-579; 87-666; 87-895.) 31 (775 ILCS 5/2-104) (from Ch. 68, par. 2-104) 32 Sec. 2-104. Exemptions. 33 (A) Nothing contained in this Act shall prohibit an HB0034 Engrossed -9- LRB9200898WHcs 1 employer, employment agency or labor organization from: 2 (1) Bona Fide Qualification. Hiring or selecting 3 between persons for bona fide occupational qualifications 4 or any reason except those civil-rights violations 5 specifically identified in this Article. 6 (2) Veterans. Giving preferential treatment to 7 veterans and their relatives as required by the laws or 8 regulations of the United States or this State or a unit 9 of local government. 10 (3) Unfavorable Discharge From Military Service. 11 Using unfavorable discharge from military service as a 12 valid employment criterion when authorized by federal law 13 or regulation or when a position of employment involves 14 the exercise of fiduciary responsibilities as defined by 15 rules and regulations which the Department shall adopt. 16 (4) Ability Tests. Giving or acting upon the 17 results of any professionally developed ability test 18 provided that such test, its administration, or action 19 upon the results, is not used as a subterfuge for or does 20 not have the effect of unlawful discrimination. 21 (5) Merit and Retirement Systems. 22 (a) Applying different standards of 23 compensation, or different terms, conditions or 24 privileges of employment pursuant to a merit or 25 retirement system provided that such system or its 26 administration is not used as a subterfuge for or 27 does not have the effect of unlawful discrimination. 28 (b) Effecting compulsory retirement of any 29 employee who has attained 65 years of age and who, 30 for the 2-year period immediately preceding 31 retirement, is employed in a bona fide executive or 32 a high policymaking position, if such employee is 33 entitled to an immediate nonforfeitable annual 34 retirement benefit from a pension, profit-sharing, HB0034 Engrossed -10- LRB9200898WHcs 1 savings, or deferred compensation plan, or any 2 combination of such plans of the employer of such 3 employee, which equals, in the aggregate, at least 4 $44,000. If any such retirement benefit is in a 5 form other than a straight life annuity (with no 6 ancillary benefits) or if the employees contribute 7 to any such plan or make rollover contributions, the 8 retirement benefit shall be adjusted in accordance 9 with regulations prescribed by the Department, so 10 that the benefit is the equivalent of a straight 11 life annuity (with no ancillary benefits) under a 12 plan to which employees do not contribute and under 13 which no rollover contributions are made. 14 (c) Until January 1, 1994, effecting 15 compulsory retirement of any employee who has 16 attained 70 years of age, and who is serving under a 17 contract of unlimited tenure (or similar arrangement 18 providing for unlimited tenure) at an institution of 19 higher education as defined by Section 1201(a) of 20 the Higher Education Act of 1965. 21 (6) Training and Apprenticeship programs. 22 Establishing an educational requirement as a prerequisite 23 to selection for a training or apprenticeship program, 24 provided such requirement does not operate to 25 discriminate on the basis of any prohibited 26 classification except age. 27 (7) Police and Firefighter/Paramedic Retirement. 28 Imposing a mandatory retirement age for 29 firefighters/paramedics or law enforcement officers and 30 discharging or retiring such individuals pursuant to the 31 mandatory retirement age if such action is taken pursuant 32 to a bona fide retirement plan provided that the law 33 enforcement officer or firefighter/paramedic has 34 attained: HB0034 Engrossed -11- LRB9200898WHcs 1 (a) the age of retirement in effect under 2 applicable State or local law on March 3, 1983; or 3 (b) if the applicable State or local law was 4 enacted after the date of enactment of the federal 5 Age Discrimination in Employment Act Amendments of 6 1996 (P.L. 104-208), the age of retirement in effect 7 on the date of such discharge under such law. 8 This paragraph (7) shall not apply with respect to 9 any cause of action arising under the Illinois Human 10 Rights Act as in effect prior to the effective date of 11 this amendatory Act of 1997. 12 (8) Police and Firefighter/Paramedic Appointment. 13 Failing or refusing to hire any individual because of 14 such individual's age if such action is taken with 15 respect to the employment of an individual as a 16 firefighter/paramedic or as a law enforcement officer and 17 the individual has attained: 18 (a) the age of hiring or appointment in effect 19 under applicable State or local law on March 3, 20 1983; or 21 (b) the age of hiring in effect on the date of 22 such failure or refusal to hire under applicable 23 State or local law enacted after the date of 24 enactment of the federal Age Discrimination in 25 Employment Act Amendments of 1996 (P.L. 104-208). 26 As used in paragraph (7) or (8): 27 "Firefighter/paramedic" means an employee, the 28 duties of whose position are primarily to perform work 29 directly connected with the control and extinguishment of 30 fires or the maintenance and use of firefighting 31 apparatus and equipment, or to provide emergency medical 32 services, including an employee engaged in this activity 33 who is transferred to a supervisory or administrative 34 position. HB0034 Engrossed -12- LRB9200898WHcs 1 "Law enforcement officer" means an employee, the 2 duties of whose position are primarily the investigation, 3 apprehension, or detention of individuals suspected or 4 convicted of criminal offenses, including an employee 5 engaged in this activity who is transferred to a 6 supervisory or administrative position. 7 (9) Citizenship Status. Making legitimate 8 distinctions based on citizenship status if specifically 9 authorized or required by State or federal law. 10 (B) With respect to any employee who is subject to a 11 collective bargaining agreement: 12 (a) which is in effect on June 30, 1986, 13 (b) which terminates after January 1, 1987, 14 (c) any provision of which was entered into by a 15 labor organization as defined by Section 6(d)(4) of the 16 Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), 17 and 18 (d) which contains any provision that would be 19 superseded by this amendatory Act of 1987 (Public Act 20 85-748), 21 such amendatory Act of 1987 shall not apply until the 22 termination of such collective bargaining agreement or 23 January 1, 1990, whichever occurs first. 24 (C)(1) For purposes of this Act, the term "disability 25handicap" shall not include any employee or applicant who is 26 currently engaging in the illegal use of drugs, when an 27 employer acts on the basis of such use. 28 (2) Paragraph (1) shall not apply where an employee or 29 applicant for employment: 30 (a) has successfully completed a supervised drug 31 rehabilitation program and is no longer engaging in the 32 illegal use of drugs, or has otherwise been rehabilitated 33 successfully and is no longer engaging in such use; 34 (b) is participating in a supervised rehabilitation HB0034 Engrossed -13- LRB9200898WHcs 1 program and is no longer engaging in such use; or 2 (c) is erroneously regarded as engaging in such 3 use, but is not engaging in such use. 4 It shall not be a violation of this Act for an employer 5 to adopt or administer reasonable policies or procedures, 6 including but not limited to drug testing, designed to ensure 7 that an individual described in subparagraph (a) or (b) is no 8 longer engaging in the illegal use of drugs. 9 (3) An employer: 10 (a) may prohibit the illegal use of drugs and the 11 use of alcohol at the workplace by all employees; 12 (b) may require that employees shall not be under 13 the influence of alcohol or be engaging in the illegal 14 use of drugs at the workplace; 15 (c) may require that employees behave in 16 conformance with the requirements established under the 17 federal Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et 18 seq.) and the Drug Free Workplace Act; 19 (d) may hold an employee who engages in the illegal 20 use of drugs or who is an alcoholic to the same 21 qualification standards for employment or job performance 22 and behavior that such employer holds other employees, 23 even if any unsatisfactory performance or behavior is 24 related to the drug use or alcoholism of such employee; 25 and 26 (e) may, with respect to federal regulations 27 regarding alcohol and the illegal use of drugs, require 28 that: 29 (i) employees comply with the standards 30 established in such regulations of the United States 31 Department of Defense, if the employees of the 32 employer are employed in an industry subject to such 33 regulations, including complying with regulations 34 (if any) that apply to employment in sensitive HB0034 Engrossed -14- LRB9200898WHcs 1 positions in such an industry, in the case of 2 employees of the employer who are employed in such 3 positions (as defined in the regulations of the 4 Department of Defense); 5 (ii) employees comply with the standards 6 established in such regulations of the Nuclear 7 Regulatory Commission, if the employees of the 8 employer are employed in an industry subject to such 9 regulations, including complying with regulations 10 (if any) that apply to employment in sensitive 11 positions in such an industry, in the case of 12 employees of the employer who are employed in such 13 positions (as defined in the regulations of the 14 Nuclear Regulatory Commission); and 15 (iii) employees comply with the standards 16 established in such regulations of the United States 17 Department of Transportation, if the employees of 18 the employer are employed in a transportation 19 industry subject to such regulations, including 20 complying with such regulations (if any) that apply 21 to employment in sensitive positions in such an 22 industry, in the case of employees of the employer 23 who are employed in such positions (as defined in 24 the regulations of the United States Department of 25 Transportation). 26 (4) For purposes of this Act, a test to determine the 27 illegal use of drugs shall not be considered a medical 28 examination. Nothing in this Act shall be construed to 29 encourage, prohibit, or authorize the conducting of drug 30 testing for the illegal use of drugs by job applicants or 31 employees or making employment decisions based on such test 32 results. 33 (5) Nothing in this Act shall be construed to encourage, 34 prohibit, restrict, or authorize the otherwise lawful HB0034 Engrossed -15- LRB9200898WHcs 1 exercise by an employer subject to the jurisdiction of the 2 United States Department of Transportation of authority to: 3 (a) test employees of such employer in, and 4 applicants for, positions involving safety-sensitive 5 duties for the illegal use of drugs and for on-duty 6 impairment by alcohol; and 7 (b) remove such persons who test positive for 8 illegal use of drugs and on-duty impairment by alcohol 9 pursuant to subparagraph (a) from safety-sensitive duties 10 in implementing paragraph (3). 11 (Source: P.A. 90-481, eff. 8-17-97.) 12 (775 ILCS 5/3-102.1) (from Ch. 68, par. 3-102.1) 13 Sec. 3-102.1. DisabilityHandicap. (A) It is a civil 14 rights violation to refuse to sell or rent or to otherwise 15 make unavailable or deny a dwelling to any buyer or renter 16 because of a disabilityhandicapof that buyer or renter, a 17 disabilityhandicapof a person residing or intending to 18 reside in that dwelling after it is sold, rented or made 19 available or a disabilityhandicapof any person associated 20 with the buyer or renter. 21 (B) It is a civil rights violation to alter the terms, 22 conditions or privileges of sale or rental of a dwelling or 23 the provision of services or facilities in connection with 24 such dwelling because of a person's disabilityhandicapor a 25 disabilityhandicapof any person residing or intending to 26 reside in that dwelling after it is sold, rented or made 27 available, or a disabilityhandicapof any person associated 28 with that person. 29 (C) It is a civil rights violation: 30 (1) to refuse to permit, at the expense of the disabled 31handicappedperson, reasonable modifications of existing 32 premises occupied or to be occupied by such person if such 33 modifications may be necessary to afford such person full HB0034 Engrossed -16- LRB9200898WHcs 1 enjoyment of the premises; except that, in the case of a 2 rental, the landlord may, where it is reasonable to do so, 3 condition permission for a modification on the renter 4 agreeing to restore the interior of the premises to the 5 condition that existed before modifications, reasonable wear 6 and tear excepted. The landlord may not increase for 7 disabledhandicappedpersons any customarily required 8 security deposit. However, where it is necessary in order to 9 ensure with reasonable certainty that funds will be available 10 to pay for the restorations at the end of the tenancy, the 11 landlord may negotiate as part of such a restoration 12 agreement a provision requiring that the tenant pay into an 13 interest bearing escrow account, over a reasonable period, a 14 reasonable amount of money not to exceed the cost of the 15 restorations. The interest in any such account shall accrue 16 to the benefit of the tenant. A landlord may condition 17 permission for a modification on the renter providing a 18 reasonable description of the proposed modifications as well 19 as reasonable assurances that the work will be done in a 20 workmanlike manner and that any required building permits 21 will be obtained; 22 (2) to refuse to make reasonable accommodations in 23 rules, policies, practices, or services, when such 24 accommodations may be necessary to afford such person equal 25 opportunity to use and enjoy a dwelling; or 26 (3) in connection with the design and construction of 27 covered multifamily dwellings for first occupancy after March 28 13, 1991, to fail to design and construct those dwellings in 29 such a manner that: 30 (a) the public use and common use portions of such 31 dwellings are readily accessible to and usable by disabled 32handicappedpersons; 33 (b) all the doors designed to allow passage into and 34 within all premises within such dwellings are sufficiently HB0034 Engrossed -17- LRB9200898WHcs 1 wide to allow passage by disabledhandicappedpersons in 2 wheelchairs; and 3 (c) all premises within such dwellings contain the 4 following features of adaptive design: 5 (i) an accessible route into and through the dwelling; 6 (ii) light switches, electrical outlets, thermostats, 7 and other environmental controls in accessible locations; 8 (iii) reinforcements in bathroom walls to allow later 9 installation of grab bars; and 10 (iv) usable kitchens and bathrooms such that an 11 individual in a wheelchair can maneuver about the space. 12 (D) Compliance with the appropriate standards of the 13 Illinois Accessibility Code for adaptable dwelling units (71 14 Illinois Administrative Code Section 400.350 (e) 1-6) 15 suffices to satisfy the requirements of subsection (C)(3)(c). 16 (E) If a unit of local government has incorporated into 17 its law the requirements set forth in subsection (C) (3), 18 compliance with its law shall be deemed to satisfy the 19 requirements of that subsection. 20 (F) A unit of local government may review and approve 21 newly constructed covered multifamily dwellings for the 22 purpose of making determinations as to whether the design and 23 construction requirements of subsection (C)(3) are met. 24 (G) The Department shall encourage, but may not require, 25 units of local government to include in their existing 26 procedures for the review and approval of newly constructed 27 covered multifamily dwellings, determinations as to whether 28 the design and construction of such dwellings are consistent 29 with subsection (C)(3), and shall provide technical 30 assistance to units of local government and other persons to 31 implement the requirements of subsection (C)(3). 32 (H) Nothing in this Act shall be construed to require 33 the Department to review or approve the plans, designs or 34 construction of all covered multifamily dwellings to HB0034 Engrossed -18- LRB9200898WHcs 1 determine whether the design and construction of such 2 dwellings are consistent with the requirements of subsection 3 (C)(3). 4 (I) Nothing in subsections (E), (F), (G) or (H) shall be 5 construed to affect the authority and responsibility of the 6 Department to receive and process complaints or otherwise 7 engage in enforcement activities under State and local law. 8 (J) Determinations by a unit of local government under 9 subsections (E) and (F) shall not be conclusive in 10 enforcement proceedings under this Act if those 11 determinations are not in accord with the terms of this Act. 12 (K) Nothing in this Section requires that a dwelling be 13 made available to an individual whose tenancy would 14 constitute a direct threat to the health or safety of others 15 or would result in substantial physical damage to the 16 property of others. 17 (Source: P.A. 86-910.) 18 (775 ILCS 5/3-103) (from Ch. 68, par. 3-103) 19 Sec. 3-103. Blockbusting.) It is a civil rights 20 violation for any person to: 21 (A) Solicitation. Solicit for sale, lease, listing or 22 purchase any residential real estate within this State, on 23 the grounds of loss of value due to the present or 24 prospective entry into the vicinity of the property involved 25 of any person or persons of any particular race, color, 26 religion, national origin, ancestry, age, sex, marital 27 status, familial status or disabilityhandicap. 28 (B) Statements. Distribute or cause to be distributed, 29 written material or statements designed to induce any owner 30 of residential real estate in this State to sell or lease his 31 or her property because of any present or prospective changes 32 in the race, color, religion, national origin, ancestry, age, 33 sex, marital status, familial status or disabilityhandicapHB0034 Engrossed -19- LRB9200898WHcs 1 of residents in the vicinity of the property involved. 2 (C) Creating Alarm. Intentionally create alarm, among 3 residents of any community, by transmitting communications in 4 any manner, including a telephone call whether or not 5 conversation thereby ensues, with a design to induce any 6 owner of residential real estate in this state to sell or 7 lease his or her property because of any present or 8 prospective entry into the vicinity of the property involved 9 of any person or persons of any particular race, color, 10 religion, national origin, ancestry, age, sex, marital 11 status, familial status or disabilityhandicap. 12 (Source: P.A. 86-910.) 13 (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1) 14 Sec. 3-104.1. Refusal to sell or rent because a person 15 has a guide, hearing or support dog. It is a civil rights 16 violation for the owner or agent of any housing accommodation 17 to: 18 (A) refuse to sell or rent after the making of a 19 bonafide offer, or to refuse to negotiate for the sale or 20 rental of, or otherwise make unavailable or deny property to 21 any blind, hearing impaired or physically disabled 22handicappedperson because he has a guide, hearing or support 23 dog; or 24 (B) discriminate against any blind, hearing impaired or 25 physically disabledhandicappedperson in the terms, 26 conditions, or privileges of sale or rental property, or in 27 the provision of services or facilities in connection 28 therewith, because he has a guide, hearing or support dog; or 29 (C) require, because a blind, hearing impaired or 30 physically disabledhandicappedperson has a guide, hearing 31 or support dog, an extra charge in a lease, rental agreement, 32 or contract of purchase or sale, other than for actual damage 33 done to the premises by the dog. HB0034 Engrossed -20- LRB9200898WHcs 1 (Source: P.A. 83-93.)