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92_HB0101eng HB0101 Engrossed LRB9200902WHcs 1 AN ACT to amend the Illinois Human Rights Act by changing 2 Sections 1-102, 1-103, 3-103, and 3-106 and the heading of 3 Article 1 and adding Section 1-101.1. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Human Rights Act is amended by 7 changing Sections 1-102, 1-103, 3-103, and 3-106 and the 8 heading of Article 1 and adding Section 1-101.1 as follows: 9 (775 ILCS 5/Art. 1 heading) 10 ARTICLE 1. GENERAL PROVISIONSTITLE, POLICY AND DEFINITIONS11 (775 ILCS 5/1-101.1 new) 12 Sec. 1-101.1. Construction. Nothing in this Act shall 13 be construed as requiring any employer, employment agency, or 14 labor organization to give preferential treatment or special 15 rights based on sexual orientation or to implement 16 affirmative action policies or programs based on sexual 17 orientation. 18 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) 19 Sec. 1-102. Declaration of Policy. It is the public 20 policy of this State: 21 (A) Freedom from Unlawful Discrimination. To secure for 22 all individuals within Illinois the freedom from 23 discrimination against any individual because of his or her 24 race, color, religion, sex, national origin, ancestry, age, 25 marital status, physical or mental 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 29 availability of public accommodations. HB0101 Engrossed -2- LRB9200902WHcs 1 (B) Freedom from Sexual Harassment-Employment and Higher 2 Education. To prevent sexual harassment in employment and 3 sexual harassment in higher education. 4 (C) Freedom from Discrimination Based on Citizenship 5 Status-Employment. To prevent discrimination based on 6 citizenship status in employment. 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 17 secure and guarantee the rights established by Sections 17, 18 18 and 19 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. 27 (H) Unfounded Charges. To protect citizens of this State 28 against unfounded charges of unlawful discrimination, sexual 29 harassment in employment and sexual harassment in higher 30 education, and discrimination based on citizenship status in 31 employment. 32 (Source: P.A. 87-579; 88-178.) 33 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) HB0101 Engrossed -3- LRB9200902WHcs 1 Sec. 1-103. General Definitions. When used in this Act, 2 unless the context requires otherwise, the term: 3 (A) Age. "Age" means the chronological age of a person 4 who is at least 40 years old, except with regard to any 5 practice described in Section 2-102, insofar as that practice 6 concerns training or apprenticeship programs. In the case of 7 training or apprenticeship programs, for the purposes of 8 Section 2-102, "age" means the chronological age of a person 9 who is 18 but not yet 40 years old. 10 (B) Aggrieved Party. "Aggrieved party" means a person 11 who is alleged or proved to have been injured by a civil 12 rights violation or believes he or she will be injured by a 13 civil rights violation under Article 3 that is about to 14 occur. 15 (C) Charge. "Charge" means an allegation filed with the 16 Department by an aggrieved party or initiated by the 17 Department under its authority. 18 (D) Civil Rights Violation. "Civil rights violation" 19 includes and shall be limited to only those specific acts set 20 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104, 21 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this 22 Act. 23 (E) Commission. "Commission" means the Human Rights 24 Commission created by this Act. 25 (F) Complaint. "Complaint" means the formal pleading 26 filed by the Department with the Commission following an 27 investigation and finding of substantial evidence of a civil 28 rights violation. 29 (G) Complainant. "Complainant" means a person including 30 the Department who files a charge of civil rights violation 31 with the Department or the Commission. 32 (H) Department. "Department" means the Department of 33 Human Rights created by this Act. 34 (I) Handicap. "Handicap" means a determinable physical HB0101 Engrossed -4- LRB9200902WHcs 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 7 birth 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 10 job or position and, pursuant to Section 2-104 of this 11 Act, a person's illegal use of drugs or alcohol is not a 12 handicap; 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 (J) Marital Status. "Marital status" means the legal 22 status of being married, single, separated, divorced or 23 widowed. 24 (J-1) Military Status. "Military status" means a 25 person's status on active duty in the armed forces of the 26 United States. 27 (K) National Origin. "National origin" means the place 28 in which a person or one of his or her ancestors was born. 29 (L) Person. "Person" includes one or more individuals, 30 partnerships, associations or organizations, labor 31 organizations, labor unions, joint apprenticeship committees, 32 or union labor associations, corporations, the State of 33 Illinois and its instrumentalities, political subdivisions, 34 units of local government, legal representatives, trustees in HB0101 Engrossed -5- LRB9200902WHcs 1 bankruptcy or receivers. 2 (M) Public Contract. "Public contract" includes every 3 contract to which the State, any of its political 4 subdivisions or any municipal corporation is a party. 5 (N) Religion. "Religion" includes all aspects of 6 religious observance and practice, as well as belief, except 7 that with respect to employers, for the purposes of Article 8 2, "religion" has the meaning ascribed to it in paragraph (F) 9 of Section 2-101. 10 (O) Sex. "Sex" means the status of being male or female. 11 (O-1) Sexual orientation. "Sexual orientation" means 12 having or being perceived as having an emotional, physical, 13 or sexual attraction to another person without regard to the 14 sex of that person or having or being perceived as having an 15 orientation for such attraction, or having or being perceived 16 as having a self-image or identity not traditionally 17 associated with one's biological maleness or femaleness. 18 "Sexual orientation" does not include a physical or sexual 19 attraction to a minor by an adult. 20 (P) Unfavorable Military Discharge. "Unfavorable 21 military discharge" includes discharges from the Armed Forces 22 of the United States, their Reserve components or any 23 National Guard or Naval Militia which are classified as RE-3 24 or the equivalent thereof, but does not include those 25 characterized as RE-4 or "Dishonorable". 26 (Q) Unlawful Discrimination. "Unlawful discrimination" 27 means discrimination against a person because of his or her 28 race, color, religion, national origin, ancestry, age, sex, 29 marital status, handicap, military status, sexual 30 orientation, or unfavorable discharge from military service 31 as those terms are defined in this Section. 32 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.) 33 (775 ILCS 5/3-103) (from Ch. 68, par. 3-103) HB0101 Engrossed -6- LRB9200902WHcs 1 Sec. 3-103. Blockbusting.)It is a civil rights 2 violation for any person to: 3 (A) Solicitation. Solicit for sale, lease, listing or 4 purchase any residential real estate within this State, on 5 the grounds of loss of value due to the present or 6 prospective entry into the vicinity of the property involved 7 of any person or persons of any particular race, color, 8 religion, national origin, ancestry, age, sex, sexual 9 orientation, marital status, familial status or handicap. 10 (B) Statements. Distribute or cause to be distributed, 11 written material or statements designed to induce any owner 12 of residential real estate in this State to sell or lease his 13 or her property because of any present or prospective changes 14 in the race, color, religion, national origin, ancestry, age, 15 sex, sexual orientation, marital status, familial status or 16 handicap of residents in the vicinity of the property 17 involved. 18 (C) Creating Alarm. Intentionally create alarm, among 19 residents of any community, by transmitting communications in 20 any manner, including a telephone call whether or not 21 conversation thereby ensues, with a design to induce any 22 owner of residential real estate in this state to sell or 23 lease his or her property because of any 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, sexual 27 orientation, marital status, familial status or handicap. 28 (Source: P.A. 86-910.) 29 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106) 30 Sec. 3-106. Exemptions.) Nothing contained in Section 31 3-102 shall prohibit: 32 (A) Private Sales of Single Family Homes. Any sale of a 33 single family home by its owner so long as the following HB0101 Engrossed -7- LRB9200902WHcs 1 criteria are met: 2 (1) The owner does not own or have a beneficial 3 interest in more than three single family homes at the 4 time of the sale; 5 (2) The owner or a member of his or her family was 6 the last current resident of the home; 7 (3) The home is sold without the use in any manner 8 of the sales or rental facilities or services of any real 9 estate broker or salesman, or of any employee or agent of 10 any real estate broker or salesman; 11 (4) The home is sold without the publication, 12 posting or mailing, after notice, of any advertisement or 13 written notice in violation of paragraph (F) of Section 14 3-102. 15 (B) Apartments. Rental of a housing accommodation in a 16 building which contains housing accommodations for not more 17 than five families living independently of each other, if the 18 lessor or a member of his or her family resides in one of the 19 housing accommodations; 20 (C) Private Rooms. Rental of a room or rooms in a 21 private home by an owner if he or she or a member of his or 22 her family resides therein or, while absent for a period of 23 not more than twelve months, if he or she or a member of his 24 or her family intends to return to reside therein; 25 (D) Reasonable local, State, or Federal restrictions 26 regarding the maximum number of occupants permitted to occupy 27 a dwelling. 28 (E) Religious Organizations. A religious organization, 29 association, or society, or any nonprofit institution or 30 organization operated, supervised or controlled by or in 31 conjunction with a religious organization, association, or 32 society, from limiting the sale, rental or occupancy of a 33 dwelling which it owns or operates for other than a 34 commercial purpose to persons of the same religion, or from HB0101 Engrossed -8- LRB9200902WHcs 1 giving preference to such persons, unless membership in such 2 religion is restricted on account of race, color, or national 3 origin. 4 (F) Sex. Restricting the rental of rooms in a housing 5 accommodation to persons of one sex. 6 (G) Persons Convicted of Drug-Related Offenses. Conduct 7 against a person because such person has been convicted by 8 any court of competent jurisdiction of the illegal 9 manufacture or distribution of a controlled substance as 10 defined in Section 102 of the federal Controlled Substances 11 Act (21 U.S.C. 802). 12 (H) Persons engaged in the business of furnishing 13 appraisals of real property from taking into consideration 14 factors other than those based on unlawful discrimination or 15 familial status in furnishing appraisals. 16 (H-1) The owner of an owner-occupied residential 17 building with 5 or fewer units (including the unit in which 18 the owner resides) from making decisions regarding whether to 19 rent to a person based upon that person's sexual orientation. 20 (I) Housing for Older Persons. No provision in this 21 Article regarding familial status shall apply with respect to 22 housing for older persons. 23 (1) As used in this Section, "housing for older 24 persons" means housing: 25 (a) provided under any State or Federal 26 program that the Department determines is 27 specifically designed and operated to assist elderly 28 persons (as defined in the State or Federal 29 program); or 30 (b) intended for, and solely occupied by, 31 persons 62 years of age or older; or 32 (c) intended and operated for occupancy by 33 persons 55 years of age or older and: 34 (i) at least 80% of the occupied units HB0101 Engrossed -9- LRB9200902WHcs 1 are occupied by at least one person who is 55 2 years of age or older; 3 (ii) the housing facility or community 4 publishes and adheres to policies and 5 procedures that demonstrate the intent required 6 under this subdivision (c); and 7 (iii) the housing facility or community 8 complies with rules adopted by the Department 9 for verification of occupancy, which shall: 10 (aa) provide for verification by 11 reliable surveys and affidavits; and 12 (bb) include examples of the types 13 of policies and procedures relevant to a 14 determination of compliance with the 15 requirement of clause (ii). 16 These surveys and affidavits shall be admissible in 17 administrative and judicial proceedings for the purposes of 18 such verification. 19 (2) Housing shall not fail to meet the requirements 20 for housing for older persons by reason of: 21 (a) persons residing in such housing as of the 22 effective date of this amendatory Act of 1989 who do 23 not meet the age requirements of subsections (1)(b) 24 or (c); provided, that new occupants of such housing 25 meet the age requirements of subsections (1)(b) or 26 (c) of this subsection; or 27 (b) unoccupied units; provided, that such 28 units are reserved for occupancy by persons who meet 29 the age requirements of subsections (1)(b) or (c) of 30 this subsection. 31 (3) (a) A person shall not be held personally 32 liable for monetary damages for a violation of this 33 Article if the person reasonably relied, in good 34 faith, on the application of the exemption under HB0101 Engrossed -10- LRB9200902WHcs 1 this subsection (I) relating to housing for older 2 persons. 3 (b) For the purposes of this item (3), a 4 person may show good faith reliance on the 5 application of the exemption only by showing that: 6 (i) the person has no actual knowledge 7 that the facility or community is not, or will 8 not be, eligible for the exemption; and 9 (ii) the facility or community has stated 10 formally, in writing, that the facility or 11 community complies with the requirements for 12 the exemption. 13 (Source: P.A. 89-520, eff. 7-18-96.)