Bill Text: IL HB0103 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Elementary, Secondary, and Higher Education Article of the Illinois Human Rights Act. Defines "anti-Semitism". Provides that an institution of elementary, secondary, or higher education commits a civil rights violation if it fails to treat anti-Semitism in an identical manner to discrimination motivated by race. Describes anti-Semitism. Provides that nothing in the new provisions infringes on the constitutional protections for free speech or may be construed to conflict with federal or State discrimination laws.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2021-06-14 - Added Co-Sponsor Rep. Avery Bourne [HB0103 Detail]

Download: Illinois-2021-HB0103-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0103 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
775 ILCS 5/5A-101 from Ch. 68, par. 5A-101
775 ILCS 5/5A-102 from Ch. 68, par. 5A-102
775 ILCS 5/5A-103 new
Amends the Elementary, Secondary, and Higher Education Article of the Illinois Human Rights Act. Defines "anti-Semitism". Provides that an institution of elementary, secondary, or higher education commits a civil rights violation if it fails to treat anti-Semitism in an identical manner to discrimination motivated by race. Describes anti-Semitism. Provides that nothing in the new provisions infringes on the constitutional protections for free speech or may be construed to conflict with federal or State discrimination laws.
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A BILL FOR
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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 5A-101 and 5A-102 and by adding Section
5A-103 as follows:
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are
applicable strictly in the content of this Article, except
that the term "sexual harassment in elementary, secondary, and
higher education" as defined herein has the meaning herein
ascribed to it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher
Education. "Institution of elementary, secondary, or higher
education" means: (1) a publicly or privately operated
university, college, community college, junior college,
business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary school level; or (2) a publicly or privately
operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a designation,
appellation, series of letters or words or other symbols which
signifies or purports to signify that the recipient thereof

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has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the secondary
school level; or (2) a designation signifying that the
recipient has graduated from an elementary school or secondary
school.
(C) Student. "Student" means any individual admitted to or
applying for admission to an institution of elementary,
secondary, or higher education, or enrolled on a full or part
time basis in a course or program of academic, business or
vocational instruction offered by or through an institution of
elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education
Representative. "Elementary, secondary, or higher education
representative" means and includes the president, chancellor
or other holder of any executive office on the administrative
staff of an institution of higher education, an administrator
of an elementary school or secondary school, a member of the
faculty of an institution of higher education, including but
not limited to a dean or associate or assistant dean, a
professor or associate or assistant professor, and a full or
part time instructor or visiting professor, including a
graduate assistant or other student who is employed on a
temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or
vocational instruction offered by or through an institution of
higher education, and any teacher, instructor, or other

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employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher
Education. "Sexual harassment in elementary, secondary, and
higher education" means any unwelcome sexual advances or
requests for sexual favors made by an elementary, secondary,
or higher education representative to a student, or any
conduct of a sexual nature exhibited by an elementary,
secondary, or higher education representative toward a
student, when such conduct has the purpose of substantially
interfering with the student's educational performance or
creating an intimidating, hostile or offensive educational
environment; or when the elementary, secondary, or higher
education representative either explicitly or implicitly makes
the student's submission to such conduct a term or condition
of, or uses the student's submission to or rejection of such
conduct as a basis for determining:
(1) Whether the student will be admitted to an
institution of elementary, secondary, or higher education;
(2) The educational performance required or expected
of the student;
(3) The attendance or assignment requirements
applicable to the student;
(4) To what courses, fields of study or programs,
including honors and graduate programs, the student will
be admitted;
(5) What placement or course proficiency requirements

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are applicable to the student;
(6) The quality of instruction the student will
receive;
(7) What tuition or fee requirements are applicable to
the student;
(8) What scholarship opportunities are available to
the student;
(9) What extracurricular teams the student will be a
member of or in what extracurricular competitions the
student will participate;
(10) Any grade the student will receive in any
examination or in any course or program of instruction in
which the student is enrolled;
(11) The progress of the student toward successful
completion of or graduation from any course or program of
instruction in which the student is enrolled; or
(12) What degree, if any, the student will receive.
(F) Anti-Semitism. "Anti-Semitism" means a certain
perception of the Jewish people, which may be expressed as
hatred toward Jewish people or rhetorical and physical
manifestations of anti-Semitism directed toward a person, his
or her property, or Jewish community institutions or religions
facilities.
(Source: P.A. 96-1319, eff. 7-27-10.)
(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)

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Sec. 5A-102. Civil Rights Violations-Elementary,
Secondary, and Higher Education. It is a civil rights
violation:
(A) Elementary, Secondary, or Higher Education
Representative. For any elementary, secondary, or higher
education representative to commit or engage in sexual
harassment in elementary, secondary, or higher education.
(B) Institution of Elementary, Secondary, or Higher
Education. For any institution of elementary, secondary, or
higher education to fail to take remedial action, or to fail to
take appropriate disciplinary action against an elementary,
secondary, or higher education representative employed by such
institution, when such institution knows that such elementary,
secondary, or higher education representative was committing
or engaging in or committed or engaged in sexual harassment in
elementary, secondary, or higher education.
(C) Anti-Semitism. For any institution of elementary,
secondary, or higher education to fail to comply with Section
5A-103.
(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
(775 ILCS 5/5A-103 new)
Sec. 5A-103. Discrimination motivated by anti-Semitism. An
institution of elementary, secondary, or higher education
shall treat discrimination by students or employees or
resulting from institutional policies motivated by

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anti-Semitism in an identical manner to discrimination
motivated by race. Discrimination motivated by anti-Semitism
includes:
(1) Calling for, aiding, or justifying the killing or
harming of Jews, often in the name of a radical ideology or
an extremist view of religion.
(2) Making mendacious, dehumanizing, demonizing, or
stereotypical allegations about Jews as such or the power
of Jews as a collective, including, but not limited to,
the myth about a world Jewish conspiracy or of Jews
controlling the media, economy, government, or other
societal institutions.
(3) Accusing Jews as a people of being responsible for
real or imagined wrongdoings committed by a single Jewish
person or group, the State of Israel, or for acts
committed by non-Jews.
(4) Accusing Jews as a people or the State of Israel of
inventing or exaggerating the Holocaust.
(5) Accusing Jewish citizens of being more loyal to
the State of Israel, or the alleged priorities of Jews
worldwide, than to the interests of their own nation.
(6) Anti-Semitism related to the State of Israel,
including, but not limited to:
(i) Demonizing the State of Israel by using the
symbols and images associated with classic
anti-Semitism to characterize the State of Israel or

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Israelis, drawing comparisons of contemporary Israeli
policy to that of Nazis, or blaming the State of Israel
for all interreligious or political tensions.
(ii) Applying a double standard to the State of
Israel by requiring behavior of the State of Israel
that is not expected or demanded of any other
democratic nation, or focusing peace or human rights
investigations only on the State of Israel.
(iii) Delegitimizing the State of Israel by
denying the Jewish people their right to
self-determination and denying the State of Israel the
right to exist.
However, criticism of the State of Israel that is
similar to criticism toward any other country may not be
regarded as anti-Semitic.
Nothing in this Section shall be construed to diminish or
infringe upon any right protected under the First Amendment to
the United States Constitution or Section 4 of Article I of the
Illinois Constitution. Nothing in this Section shall be
construed to conflict with federal or State discrimination
laws.