Bill Text: IL HB5470 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Human Rights Act. Provides that "protective hairstyle" means a hairstyle historically associated with race, including, but not limited to, hair texture and such hairstyles as braids, locks, and twists. Provides that "unlawful discrimination" includes discrimination against a person because of his or her actual or perceived protective hairstyle. Provides that it is a civil rights violation for an institution of elementary, secondary, or higher education to discriminate against any person on the basis of the person's protective hairstyle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-20 - Motion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Sonya M. Harper [HB5470 Detail]
Download: Illinois-2019-HB5470-Introduced.html
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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 Section 1-103 and by adding Section 5A-103 as follows:
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6 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | |||||||||||||||||||||
7 | Sec. 1-103. General definitions. When used in this Act, | |||||||||||||||||||||
8 | unless the
context requires otherwise, the term:
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9 | (A) Age. "Age" means the chronological age of a person who | |||||||||||||||||||||
10 | is at least
40 years old, except with regard to any practice | |||||||||||||||||||||
11 | described in Section
2-102, insofar as that practice concerns | |||||||||||||||||||||
12 | training or apprenticeship
programs. In the case of training or | |||||||||||||||||||||
13 | apprenticeship programs, for the
purposes of Section 2-102, | |||||||||||||||||||||
14 | "age" means the chronological age of a person
who is 18 but not | |||||||||||||||||||||
15 | yet 40 years old.
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16 | (B) Aggrieved party. "Aggrieved party" means a person who | |||||||||||||||||||||
17 | is alleged
or proved to have been injured by a civil rights | |||||||||||||||||||||
18 | violation or believes he
or she will be injured by a civil | |||||||||||||||||||||
19 | rights violation under Article 3 that is
about to occur.
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20 | (B-5) Arrest record. "Arrest record" means: | |||||||||||||||||||||
21 | (1) an arrest not leading to a conviction; | |||||||||||||||||||||
22 | (2) a juvenile record; or | |||||||||||||||||||||
23 | (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 Department | ||||||
5 | under its
authority.
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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 | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||||||
10 | 6-101, and 6-102 of this Act.
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11 | (E) Commission. "Commission" means the Human Rights | ||||||
12 | Commission
created by this Act.
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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.
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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.
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20 | (H) Department. "Department" means the Department of Human | ||||||
21 | Rights
created by this Act.
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22 | (I) Disability. "Disability" means a determinable physical | ||||||
23 | or mental
characteristic of a person, including, but not | ||||||
24 | limited to, a determinable
physical characteristic which | ||||||
25 | necessitates the person's use of a guide,
hearing or support | ||||||
26 | dog, the history of such characteristic, or the
perception of |
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1 | such characteristic by the person complained against, which
may | ||||||
2 | result from disease, injury, congenital condition of birth or
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3 | functional disorder and which characteristic:
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4 | (1) For purposes of Article 2, is unrelated to the | ||||||
5 | person's ability
to perform the duties of a particular job | ||||||
6 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
7 | person's illegal use of drugs or alcohol is not a
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8 | disability;
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9 | (2) For purposes of Article 3, is unrelated to the | ||||||
10 | person's ability
to acquire, rent, or maintain a housing | ||||||
11 | accommodation;
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12 | (3) For purposes of Article 4, is unrelated to a | ||||||
13 | person's ability to
repay;
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14 | (4) For purposes of Article 5, is unrelated to a | ||||||
15 | person's ability to
utilize and benefit from a place of | ||||||
16 | public accommodation;
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17 | (5) For purposes of Article 5, also includes any | ||||||
18 | mental, psychological, or developmental disability, | ||||||
19 | including autism spectrum disorders. | ||||||
20 | (J) Marital status. "Marital status" means the legal status | ||||||
21 | of being
married, single, separated, divorced, or 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, United |
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1 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
2 | States Air Force Reserve, and United States Coast Guard
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3 | Reserve, or status as a current member or veteran of the | ||||||
4 | Illinois Army National Guard or Illinois Air National
Guard.
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5 | (K) National origin. "National origin" means the place in | ||||||
6 | which a
person or one of his or her ancestors was born.
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7 | (K-5) "Order of protection status" means a person's status | ||||||
8 | as being a person protected under an order of protection issued | ||||||
9 | pursuant to the Illinois Domestic Violence Act of 1986, Article | ||||||
10 | 112A of the Code of Criminal Procedure of 1963, the Stalking No | ||||||
11 | Contact Order Act, or the Civil No Contact Order Act, or an | ||||||
12 | order of protection issued by a court of another state. | ||||||
13 | (L) Person. "Person" includes one or more individuals, | ||||||
14 | partnerships,
associations or organizations, labor | ||||||
15 | organizations, labor unions, joint
apprenticeship committees, | ||||||
16 | or union labor associations, corporations, the
State of | ||||||
17 | Illinois and its instrumentalities, political subdivisions, | ||||||
18 | units
of local government, legal representatives, trustees in | ||||||
19 | bankruptcy
or receivers.
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20 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
21 | or medical or common conditions related to pregnancy or | ||||||
22 | childbirth. | ||||||
23 | (L-10) Protective hairstyle. "Protective hairstyle" means | ||||||
24 | a hairstyle historically associated with race, including, but | ||||||
25 | not limited to, hair texture and such hairstyles as braids, | ||||||
26 | locks, and twists. |
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1 | (M) Public contract. "Public contract" includes every | ||||||
2 | contract to which the
State, any of its political subdivisions, | ||||||
3 | or any municipal corporation is a
party.
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4 | (N) Religion. "Religion" includes all aspects of religious | ||||||
5 | observance
and practice, as well as belief, except that with | ||||||
6 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
7 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
8 | 2-101.
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9 | (O) Sex. "Sex" means the status of being male or female.
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10 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
11 | actual or
perceived heterosexuality, homosexuality, | ||||||
12 | bisexuality, or gender-related identity,
whether or not | ||||||
13 | traditionally associated with the person's designated sex at
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14 | birth. "Sexual orientation" does not include a physical or | ||||||
15 | sexual attraction to a minor by an adult.
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16 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
17 | discharge"
includes discharges from the Armed Forces of the | ||||||
18 | United States, their
Reserve components, or any National Guard | ||||||
19 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
20 | thereof, but does not include those
characterized as RE-4 or | ||||||
21 | "Dishonorable".
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22 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
23 | means discrimination
against a person because of his or her | ||||||
24 | actual or perceived: race, color, religion, national origin,
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25 | ancestry, age, sex, marital status, order of protection status, | ||||||
26 | disability, military status, sexual
orientation, protective |
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1 | hairstyle, pregnancy,
or unfavorable
discharge from military | ||||||
2 | service as those terms are 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; revised 9-18-19.)
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5 | (775 ILCS 5/5A-103 new) | ||||||
6 | Sec. 5A-103. Protective hairstyles. It is a civil rights | ||||||
7 | violation for an institution of elementary, secondary, or | ||||||
8 | higher education to discriminate against any person on the | ||||||
9 | basis of the person's protective hairstyle.
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