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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||||
5 | changing Sections 1-102 and 1-103 as follows:
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6 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | |||||||||||||||||||||
7 | Sec. 1-102. Declaration of Policy. It is the public | |||||||||||||||||||||
8 | policy of this State:
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9 | (A) Freedom from Unlawful Discrimination. To secure for | |||||||||||||||||||||
10 | all individuals
within Illinois the freedom from | |||||||||||||||||||||
11 | discrimination against any individual because
of the | |||||||||||||||||||||
12 | individual's his or her race, color, religion, sex, national | |||||||||||||||||||||
13 | origin, ancestry, age, order of protection status,
marital | |||||||||||||||||||||
14 | status, physical or mental disability, military
status, sexual | |||||||||||||||||||||
15 | orientation, pregnancy, family responsibilities, or | |||||||||||||||||||||
16 | unfavorable
discharge from military service in connection with | |||||||||||||||||||||
17 | employment, real estate
transactions, access to financial | |||||||||||||||||||||
18 | credit, and the availability of public
accommodations.
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19 | (B) Freedom from Sexual Harassment-Employment and | |||||||||||||||||||||
20 | Elementary, Secondary, and Higher Education.
To prevent sexual | |||||||||||||||||||||
21 | harassment in employment and sexual harassment in
elementary, | |||||||||||||||||||||
22 | secondary, and higher education.
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23 | (C) Freedom from Discrimination Based on Citizenship |
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1 | Status-Employment.
To prevent discrimination based on | ||||||
2 | citizenship status in employment.
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3 | (C-5) Freedom from Discrimination Based on Work | ||||||
4 | Authorization Status-Employment. To prevent discrimination | ||||||
5 | based on the specific status or term of status that | ||||||
6 | accompanies a legal work authorization. | ||||||
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.
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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.
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16 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
17 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
18 | of Article I
of the Illinois Constitution of 1970.
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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
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26 | government and in their relations with the public.
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1 | (H) Unfounded Charges. To protect citizens of this State | ||||||
2 | against
unfounded charges of unlawful discrimination, sexual | ||||||
3 | harassment in
employment and sexual harassment in elementary, | ||||||
4 | secondary, and higher education, and discrimination
based on | ||||||
5 | citizenship status or work authorization status in employment.
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6 | (Source: P.A. 102-233, eff. 8-2-21.)
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7 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
8 | Sec. 1-103. General definitions. When used in this Act, | ||||||
9 | unless the
context requires otherwise, the term:
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10 | (A) Age. "Age" means the chronological age of a person who | ||||||
11 | is at least
40 years old, except with regard to any practice | ||||||
12 | described in Section
2-102, insofar as that practice concerns | ||||||
13 | training or apprenticeship
programs. In the case of training | ||||||
14 | or apprenticeship programs, for the
purposes of Section 2-102, | ||||||
15 | "age" means the chronological age of a person
who is 18 but not | ||||||
16 | yet 40 years old.
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17 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
18 | is alleged
or proved to have been injured by a civil rights | ||||||
19 | violation or believes the person he
or she will be injured by a | ||||||
20 | civil rights violation under Article 3 that is
about to occur.
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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 | ||||||
3 | Department
by an aggrieved party or initiated by the | ||||||
4 | Department under its
authority.
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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, 3-102.1, 3-103, | ||||||
8 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
9 | 6-101, and 6-102 of this Act.
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10 | (E) Commission. "Commission" means the Human Rights | ||||||
11 | Commission
created by this Act.
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12 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
13 | by
the Department with the Commission following an | ||||||
14 | investigation and
finding of substantial evidence of a civil | ||||||
15 | rights violation.
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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.
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19 | (G-5) Conviction record. "Conviction record" means | ||||||
20 | information indicating that a person has been convicted of a | ||||||
21 | felony, misdemeanor or other criminal offense, placed on | ||||||
22 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
23 | enforcement or military authority. | ||||||
24 | (H) Department. "Department" means the Department of Human | ||||||
25 | Rights
created by this Act.
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26 | (I) Disability. "Disability" means a determinable physical |
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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
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6 | may result from disease, injury, congenital condition of birth | ||||||
7 | or
functional disorder and which characteristic:
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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
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12 | disability;
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13 | (2) For purposes of Article 3, is unrelated to the | ||||||
14 | person's ability
to acquire, rent, or maintain a housing | ||||||
15 | accommodation;
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16 | (3) For purposes of Article 4, is unrelated to a | ||||||
17 | person's ability to
repay;
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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;
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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" | ||||||
25 | means an employee's actual or perceived provision of care to a | ||||||
26 | family member, whether in the past, present, or future. As |
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1 | used 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 | ||||||
20 | status of being
married, single, separated, divorced, or | ||||||
21 | widowed.
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22 | (J-1) Military status. "Military status" means a person's | ||||||
23 | status on
active duty in or status as a veteran of the armed | ||||||
24 | forces of the United States, status as a current member or | ||||||
25 | veteran of any
reserve component of the armed forces of the | ||||||
26 | United States, including the United
States Army Reserve, |
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1 | United States Marine Corps Reserve, United States Navy
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2 | Reserve, United States Air Force Reserve, and United States | ||||||
3 | Coast Guard
Reserve, or status as a current member or veteran | ||||||
4 | of the Illinois Army National Guard or Illinois Air National
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5 | Guard.
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6 | (K) National origin. "National origin" means the place in | ||||||
7 | which a
person or one of the person's his or her ancestors was | ||||||
8 | born.
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9 | (K-5) "Order of protection status" means a person's status | ||||||
10 | as being a person protected under an order of protection | ||||||
11 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
12 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
13 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
14 | Act, or an order of protection issued by a court of another | ||||||
15 | state. | ||||||
16 | (L) Person. "Person" includes one or more individuals, | ||||||
17 | partnerships,
associations or organizations, labor | ||||||
18 | organizations, labor unions, joint
apprenticeship committees, | ||||||
19 | or union labor associations, corporations, the
State of | ||||||
20 | Illinois and its instrumentalities, political subdivisions, | ||||||
21 | units
of local government, legal representatives, trustees in | ||||||
22 | bankruptcy
or receivers.
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23 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
24 | or medical or common conditions related to pregnancy or | ||||||
25 | childbirth. | ||||||
26 | (M) Public contract. "Public contract" includes every |
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1 | contract to which the
State, any of its political | ||||||
2 | subdivisions, or any municipal corporation is a
party.
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3 | (N) Religion. "Religion" includes all aspects of religious | ||||||
4 | observance
and practice, as well as belief, except that with | ||||||
5 | respect to employers, for
the purposes of Article 2, | ||||||
6 | "religion" has the meaning ascribed to it in
paragraph (F) of | ||||||
7 | Section 2-101.
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8 | (O) Sex. "Sex" means the status of being male or female.
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9 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
10 | actual or
perceived heterosexuality, homosexuality, | ||||||
11 | bisexuality, or gender-related identity,
whether or not | ||||||
12 | traditionally associated with the person's designated sex at
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13 | birth. "Sexual orientation" does not include a physical or | ||||||
14 | sexual attraction to a minor by an adult.
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15 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
16 | discharge"
includes discharges from the Armed Forces of the | ||||||
17 | United States, their
Reserve components, or any National Guard | ||||||
18 | or Naval Militia which are
classified as RE-3 or the | ||||||
19 | equivalent thereof, but does not include those
characterized | ||||||
20 | as RE-4 or "Dishonorable".
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21 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
22 | means discrimination
against a person because of the person's | ||||||
23 | his or her actual or perceived: race, color, religion, | ||||||
24 | national origin,
ancestry, age, sex, marital status, order of | ||||||
25 | protection status, disability, military status, sexual
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26 | orientation, pregnancy, family responsibilities,
or |
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1 | unfavorable
discharge from military service as those terms are | ||||||
2 | defined in this Section.
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3 | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
4 | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; 101-656, eff. | ||||||
5 | 3-23-21.)
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