Bill Amendment: IL SB0613 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HUMAN RIGHTS-TECH
Status: 2025-06-02 - Rule 3-9(a) / Re-referred to Assignments [SB0613 Detail]
Download: Illinois-2025-SB0613-Senate_Amendment_001.html
Bill Title: HUMAN RIGHTS-TECH
Status: 2025-06-02 - Rule 3-9(a) / Re-referred to Assignments [SB0613 Detail]
Download: Illinois-2025-SB0613-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 613 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 613 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
| 5 | changing Sections 1-101.1, 1-102, and 1-103 as follows:
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| 6 | (775 ILCS 5/1-101.1) | ||||||
| 7 | Sec. 1-101.1. Construction. Nothing in this Act shall be | ||||||
| 8 | construed as requiring any employer, employment agency, or | ||||||
| 9 | labor organization to give preferential treatment or special | ||||||
| 10 | rights based on sexual orientation or to implement affirmative | ||||||
| 11 | action policies or programs based on sexual orientation. | ||||||
| 12 | Nothing in this Act shall be construed as permitting an | ||||||
| 13 | individual to be subjected to unlawful discrimination through | ||||||
| 14 | the use of artificial intelligence as defined in Section 2-101 | ||||||
| 15 | of this Act. | ||||||
| 16 | (Source: P.A. 93-1078, eff. 1-1-06.)
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| 1 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | ||||||
| 2 | Sec. 1-102. Declaration of policy. It is the public policy | ||||||
| 3 | of this State: | ||||||
| 4 | (A) Freedom from Unlawful Discrimination. To secure | ||||||
| 5 | for all individuals within Illinois the freedom from | ||||||
| 6 | discrimination based on race, color, religion, sex, | ||||||
| 7 | national origin, ancestry, age, order of protection | ||||||
| 8 | status, marital status, physical or mental disability, | ||||||
| 9 | military status, sexual orientation, pregnancy, | ||||||
| 10 | reproductive health decisions, or unfavorable discharge | ||||||
| 11 | from military service in connection with employment, real | ||||||
| 12 | estate transactions, access to financial credit, and the | ||||||
| 13 | availability of public accommodations, including in | ||||||
| 14 | elementary, secondary, and higher education. This includes | ||||||
| 15 | the use of artificial intelligence as a means to | ||||||
| 16 | accomplish or support the unlawful discrimination of an | ||||||
| 17 | individual as defined in Section 2-101 of this Act. | ||||||
| 18 | (B) Freedom from Sexual Harassment-Employment and | ||||||
| 19 | Elementary, Secondary, and Higher Education. To prevent | ||||||
| 20 | sexual harassment in employment and sexual harassment in | ||||||
| 21 | elementary, secondary, and higher education. | ||||||
| 22 | (C) Freedom from Discrimination Based on Citizenship | ||||||
| 23 | Status-Employment. To prevent discrimination based on | ||||||
| 24 | citizenship status in employment. | ||||||
| 25 | (C-5) Freedom from Discrimination Based on Work | ||||||
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| 1 | Authorization Status-Employment. To prevent | ||||||
| 2 | discrimination based on the specific status or term of | ||||||
| 3 | status that accompanies a legal work authorization. | ||||||
| 4 | (D) Freedom from Discrimination Based on Familial | ||||||
| 5 | Status or Source of Income-Real Estate Transactions. To | ||||||
| 6 | prevent discrimination based on familial status or source | ||||||
| 7 | of income in real estate transactions. | ||||||
| 8 | (E) Public Health, Welfare and Safety. To promote the | ||||||
| 9 | public health, welfare and safety by protecting the | ||||||
| 10 | interest of all people in Illinois in maintaining personal | ||||||
| 11 | dignity, in realizing their full productive capacities, | ||||||
| 12 | and in furthering their interests, rights and privileges | ||||||
| 13 | as citizens of this State. | ||||||
| 14 | (F) Implementation of Constitutional Guarantees. To | ||||||
| 15 | secure and guarantee the rights established by Sections | ||||||
| 16 | 17, 18 and 19 of Article I of the Illinois Constitution of | ||||||
| 17 | 1970. | ||||||
| 18 | (G) Equal Opportunity, Affirmative Action. To | ||||||
| 19 | establish Equal Opportunity and Affirmative Action as the | ||||||
| 20 | policies of this State in all of its decisions, programs | ||||||
| 21 | and activities, and to assure that all State departments, | ||||||
| 22 | boards, commissions and instrumentalities rigorously take | ||||||
| 23 | affirmative action to provide equality of opportunity and | ||||||
| 24 | eliminate the effects of past discrimination in the | ||||||
| 25 | internal affairs of State government and in their | ||||||
| 26 | relations with the public. | ||||||
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| 1 | (H) Unfounded Charges. To protect citizens of this | ||||||
| 2 | State against unfounded charges of prohibited | ||||||
| 3 | discrimination in employment, real estate transactions, | ||||||
| 4 | financial credit, and public accommodations, including in | ||||||
| 5 | elementary, secondary, and higher education. | ||||||
| 6 | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; | ||||||
| 7 | 103-472, eff. 8-1-24; 103-785, eff. 1-1-25.)
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| 8 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
| 9 | Sec. 1-103. General definitions. When used in this Act, | ||||||
| 10 | unless the context requires otherwise, the term: | ||||||
| 11 | (A) Age. "Age" means the chronological age of a person who | ||||||
| 12 | is at least 40 years old, except with regard to any practice | ||||||
| 13 | described in Section 2-102, insofar as that practice concerns | ||||||
| 14 | training or apprenticeship programs. In the case of training | ||||||
| 15 | or apprenticeship programs, for the purposes of Section 2-102, | ||||||
| 16 | "age" means the chronological age of a person who is 18 but not | ||||||
| 17 | yet 40 years old. | ||||||
| 18 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
| 19 | is alleged or proved to have been injured by a civil rights | ||||||
| 20 | violation or believes he or she will be injured by a civil | ||||||
| 21 | rights violation under Article 3 that is about to occur. | ||||||
| 22 | (B-5) Arrest record. "Arrest record" means: | ||||||
| 23 | (1) an arrest not leading to a conviction; | ||||||
| 24 | (2) a juvenile record; or | ||||||
| 25 | (3) criminal history record information ordered | ||||||
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| 1 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
| 2 | Criminal Identification Act. | ||||||
| 3 | (C) Charge. "Charge" means an allegation filed with the | ||||||
| 4 | Department by an aggrieved party or initiated by the | ||||||
| 5 | Department under its authority. | ||||||
| 6 | (D) Civil rights violation. "Civil rights violation" | ||||||
| 7 | includes and shall be limited to only those specific acts set | ||||||
| 8 | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
| 9 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | ||||||
| 10 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | ||||||
| 11 | (E) Commission. "Commission" means the Human Rights | ||||||
| 12 | Commission created by this Act. | ||||||
| 13 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
| 14 | by the Department with the Commission following an | ||||||
| 15 | investigation and finding of substantial evidence of a civil | ||||||
| 16 | rights violation. | ||||||
| 17 | (G) Complainant. "Complainant" means a person including | ||||||
| 18 | the Department who files a charge of civil rights violation | ||||||
| 19 | with the Department or the Commission. | ||||||
| 20 | (G-5) Conviction record. "Conviction record" means | ||||||
| 21 | information indicating that a person has been convicted of a | ||||||
| 22 | felony, misdemeanor or other criminal offense, placed on | ||||||
| 23 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
| 24 | enforcement or military authority. | ||||||
| 25 | (H) Department. "Department" means the Department of Human | ||||||
| 26 | Rights created by this Act. | ||||||
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| 1 | (I) Disability. | ||||||
| 2 | (1) "Disability" means a determinable physical or mental | ||||||
| 3 | characteristic of a person, including, but not limited to, a | ||||||
| 4 | determinable physical characteristic which necessitates the | ||||||
| 5 | person's use of a guide, hearing or support dog, the history of | ||||||
| 6 | such characteristic, or the perception of such characteristic | ||||||
| 7 | by the person complained against, which may result from | ||||||
| 8 | disease, injury, congenital condition of birth or functional | ||||||
| 9 | disorder and which characteristic: | ||||||
| 10 | (a) For purposes of Article 2, is unrelated to the | ||||||
| 11 | person's ability to perform the duties of a particular job | ||||||
| 12 | or position and, pursuant to Section 2-104 of this Act, a | ||||||
| 13 | person's illegal use of drugs or alcohol is not a | ||||||
| 14 | disability; | ||||||
| 15 | (b) For purposes of Article 3, is unrelated to the | ||||||
| 16 | person's ability to acquire, rent, or maintain a housing | ||||||
| 17 | accommodation; | ||||||
| 18 | (c) For purposes of Article 4, is unrelated to a | ||||||
| 19 | person's ability to repay; | ||||||
| 20 | (d) For purposes of Article 5, is unrelated to a | ||||||
| 21 | person's ability to utilize and benefit from a place of | ||||||
| 22 | public accommodation; | ||||||
| 23 | (e) For purposes of Article 5, also includes any | ||||||
| 24 | mental, psychological, or developmental disability, | ||||||
| 25 | including autism spectrum disorders. | ||||||
| 26 | (2) Discrimination based on disability includes unlawful | ||||||
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| 1 | discrimination against an individual because of the | ||||||
| 2 | individual's association with a person with a disability. | ||||||
| 3 | (J) Marital status. "Marital status" means the legal | ||||||
| 4 | status of being married, single, separated, divorced, or | ||||||
| 5 | widowed. | ||||||
| 6 | (J-1) Military status. "Military status" means a person's | ||||||
| 7 | status on active duty in or status as a veteran of the armed | ||||||
| 8 | forces of the United States, status as a current member or | ||||||
| 9 | veteran of any reserve component of the armed forces of the | ||||||
| 10 | United States, including the United States Army Reserve, | ||||||
| 11 | United States Marine Corps Reserve, United States Navy | ||||||
| 12 | Reserve, United States Air Force Reserve, and United States | ||||||
| 13 | Coast Guard Reserve, or status as a current member or veteran | ||||||
| 14 | of the Illinois Army National Guard or Illinois Air National | ||||||
| 15 | Guard. | ||||||
| 16 | (K) National origin. "National origin" means the place in | ||||||
| 17 | which a person or one of his or her ancestors was born. | ||||||
| 18 | (K-5) "Order of protection status" means a person's status | ||||||
| 19 | as being a person protected under an order of protection | ||||||
| 20 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
| 21 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
| 22 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
| 23 | Act, or an order of protection issued by a court of another | ||||||
| 24 | state. | ||||||
| 25 | (L) Person. "Person" includes one or more individuals, | ||||||
| 26 | partnerships, associations or organizations, labor | ||||||
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| 1 | organizations, labor unions, joint apprenticeship committees, | ||||||
| 2 | or union labor associations, corporations, the State of | ||||||
| 3 | Illinois and its instrumentalities, political subdivisions, | ||||||
| 4 | units of local government, legal representatives, trustees in | ||||||
| 5 | bankruptcy or receivers. | ||||||
| 6 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
| 7 | or medical or common conditions related to pregnancy or | ||||||
| 8 | childbirth. | ||||||
| 9 | (M) Public contract. "Public contract" includes every | ||||||
| 10 | contract to which the State, any of its political | ||||||
| 11 | subdivisions, or any municipal corporation is a party. | ||||||
| 12 | (M-5) Race. "Race" includes traits associated with race, | ||||||
| 13 | including, but not limited to, hair texture and protective | ||||||
| 14 | hairstyles such as braids, locks, and twists. | ||||||
| 15 | (N) Religion. "Religion" includes all aspects of religious | ||||||
| 16 | observance and practice, as well as belief, except that with | ||||||
| 17 | respect to employers, for the purposes of Article 2, | ||||||
| 18 | "religion" has the meaning ascribed to it in paragraph (F) of | ||||||
| 19 | Section 2-101. | ||||||
| 20 | (O) Sex. "Sex" means the status of being male or female. | ||||||
| 21 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
| 22 | actual or perceived heterosexuality, homosexuality, | ||||||
| 23 | bisexuality, or gender-related identity, whether or not | ||||||
| 24 | traditionally associated with the person's designated sex at | ||||||
| 25 | birth. "Sexual orientation" does not include a physical or | ||||||
| 26 | sexual attraction to a minor by an adult. | ||||||
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| 1 | (O-2) Reproductive Health Decisions. "Reproductive Health | ||||||
| 2 | Decisions" means a person's decisions regarding the person's | ||||||
| 3 | use of: contraception; fertility or sterilization care; | ||||||
| 4 | assisted reproductive technologies; miscarriage management | ||||||
| 5 | care; healthcare related to the continuation or termination of | ||||||
| 6 | pregnancy; or prenatal, intranatal, or postnatal care. | ||||||
| 7 | (O-5) Source of income. "Source of income" means the | ||||||
| 8 | lawful manner by which an individual supports himself or | ||||||
| 9 | herself and his or her dependents. | ||||||
| 10 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
| 11 | discharge" includes discharges from the Armed Forces of the | ||||||
| 12 | United States, their Reserve components, or any National Guard | ||||||
| 13 | or Naval Militia which are classified as RE-3 or the | ||||||
| 14 | equivalent thereof, but does not include those characterized | ||||||
| 15 | as RE-4 or "Dishonorable". | ||||||
| 16 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
| 17 | means discrimination against a person because of his or her | ||||||
| 18 | actual or perceived: race, color, religion, national origin, | ||||||
| 19 | ancestry, age, sex, marital status, order of protection | ||||||
| 20 | status, disability, military status, sexual orientation, | ||||||
| 21 | pregnancy, reproductive health decisions, or unfavorable | ||||||
| 22 | discharge from military service as those terms are defined in | ||||||
| 23 | this Section. "Unlawful discrimination" includes the use of | ||||||
| 24 | artificial intelligence as defined in Section 2-101 of this | ||||||
| 25 | Act as a means to accomplish or support the unlawful | ||||||
| 26 | discrimination of the person. | ||||||
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| 1 | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | ||||||
| 2 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | ||||||
| 3 | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, | ||||||
| 4 | eff. 1-1-25.)". | ||||||
