093_HB2992

 
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 1        AN ACT concerning human rights.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Illinois Human Rights Act is amended by
 5    changing Sections 1-102, 5A-101, 5A-102,  6-101,  7-106,  and
 6    7-108 as follows:

 7        (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
 8        Sec.  1-102.  Declaration  of  Policy.  It  is the public
 9    policy of this State:
10        (A)  Freedom from Unlawful Discrimination. To secure  for
11    all    individuals   within   Illinois   the   freedom   from
12    discrimination against any individual because of his  or  her
13    race,  color,  religion, sex, national origin, ancestry, age,
14    marital status, physical or mental handicap, military status,
15    or unfavorable discharge from military service in  connection
16    with   employment,   real   estate  transactions,  access  to
17    financial   credit,   and   the   availability   of    public
18    accommodations.
19        (B)  Freedom from Sexual Harassment-Employment and Higher
20    Education.  To  prevent  sexual  harassment in employment and
21    sexual harassment in higher education.
22        (C)  Freedom from  Discrimination  Based  on  Citizenship
23    Status-Employment.   To   prevent   discrimination  based  on
24    citizenship status in employment.
25        (D)  Freedom  from  Discrimination  Based   on   Familial
26    Status-Real  Estate  Transactions.  To prevent discrimination
27    based on familial status in real estate transactions.
28        (E)  Public Health, Welfare and Safety.  To  promote  the
29    public  health, welfare and safety by protecting the interest
30    of all people in Illinois in maintaining personal dignity, in
31    realizing their full productive capacities, and in furthering
 
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 1    their interests, rights and privileges as  citizens  of  this
 2    State.
 3        (F)  Implementation   of  Constitutional  Guarantees.  To
 4    secure and guarantee the rights established by  Sections  17,
 5    18 and 19 of Article I of the Illinois Constitution of 1970.
 6        (G)  Equal  Opportunity, Affirmative Action. To establish
 7    Equal Opportunity and Affirmative Action as the  policies  of
 8    this  State in all of its decisions, programs and activities,
 9    and to assure that all State departments, boards, commissions
10    and instrumentalities rigorously take affirmative  action  to
11    provide  equality of opportunity and eliminate the effects of
12    past  discrimination  in  the  internal  affairs   of   State
13    government and in their relations with the public.
14        (H)  Unfounded Charges. To protect citizens of this State
15    against  unfounded charges of unlawful discrimination, sexual
16    harassment in employment  and  sexual  harassment  in  higher
17    education,  and discrimination based on citizenship status in
18    employment.
19    (Source: P.A. 87-579; 88-178.)

20        (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
21        Sec. 5A-101.  Definitions.  The following definitions are
22    applicable strictly in the content of  this  Article,  except
23    that  the  term  "sexual  harassment  in higher education" as
24    defined herein has the meaning herein ascribed to it whenever
25    that term is used anywhere in this Act.
26        (A)  Educational   Institution   of   Higher   Education.
27    "Educational institution of higher education"  means:  (1)  a
28    any  publicly  or  privately  operated  university,  college,
29    community  college,  junior  college,  business or vocational
30    school, or other educational institution offering degrees and
31    instruction beyond the high secondary school level; or (2)  a
32    publicly  or  privately  operated  elementary  school or high
33    school.
 
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 1        (B)  Degree.  "Degree"  means:  (1)  a  any  designation,
 2    appellation,  series  of  letters  or  words or other symbols
 3    which signifies or purports to  signify  that  the  recipient
 4    thereof  has  satisfactorily completed an organized academic,
 5    business or vocational program of study  offered  beyond  the
 6    high  secondary school level; or (2) a designation signifying
 7    that the recipient has graduated from an elementary school or
 8    high school.
 9        (C)  Student.  "Student" means any individual admitted to
10    or applying for admission to an  educational  institution  of
11    higher education, or enrolled on a full or part time basis in
12    a  course  or  program  of  academic,  business or vocational
13    instruction offered by or through an educational  institution
14    of higher education.
15        (D)  Higher  Education Representative.  "Higher Education
16    representative" means and includes the president,  chancellor
17    or other holder of any executive office on the administrative
18    staff of an institution of higher education, an administrator
19    of  an  elementary school or high school, a and any member of
20    the faculty of an institution of higher education,  including
21    but  not  limited to a dean or associate or assistant dean, a
22    professor or associate or assistant professor, and a full  or
23    part  time  instructor  or  visiting  professor,  including a
24    graduate assistant or other student  who  is  employed  on  a
25    temporary  basis  of  less  than  full  time  as a teacher or
26    instructor of any course or program of academic, business  or
27    vocational  instruction  offered by or through an institution
28    of higher education, and any  teacher  or  instructor  at  an
29    elementary school or high school.
30        (E)  Sexual  Harassment  in  Higher  Education.   "Sexual
31    harassment  in  higher  education" means any unwelcome sexual
32    advances or requests for sexual favors made by  an  a  higher
33    education  representative  to  a student, or any conduct of a
34    sexual  nature   exhibited   by   an   a   higher   education
 
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 1    representative  toward  a  student, when such conduct has the
 2    purpose  of  substantially  interfering  with  the  student's
 3    educational performance or creating an intimidating,  hostile
 4    or  offensive  educational  environment;  or  when the higher
 5    education  representative  either  explicitly  or  implicitly
 6    makes the student's submission to  such  conduct  a  term  or
 7    condition   of,  or  uses  the  student's  submission  to  or
 8    rejection of such conduct as a basis for determining:
 9        (1)  Whether  the  student  will  be   admitted   to   an
10    educational institution of higher education;
11        (2)  The  educational performance required or expected of
12    the student;
13        (3)  The attendance or assignment requirements applicable
14    to the student;
15        (4)  To  what  courses,  fields  of  study  or  programs,
16    including honors and graduate programs, the student  will  be
17    admitted;
18        (5)  What  placement  or  course proficiency requirements
19    are applicable to the student;
20        (6)  The quality of instruction the student will receive;
21        (7)  What tuition or fee requirements are  applicable  to
22    the student;
23        (8)  What  scholarship opportunities are available to the
24    student;
25        (9)  What extracurricular teams the  student  will  be  a
26    member of or in what extracurricular competitions the student
27    will participate;
28        (10)  Any   grade   the   student  will  receive  in  any
29    examination or in any course or  program  of  instruction  in
30    which the student is enrolled;
31        (11)  The  progress  of  the  student  toward  successful
32    completion  of  or  graduation  from any course or program of
33    instruction in which the student is enrolled; or
34        (12)  What degree, if any, the student will receive.
 
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 1    (Source: P.A. 83-91.)

 2        (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
 3        Sec. 5A-102.  Civil Rights Violations;  Violations-Higher
 4    Education.  It is a civil rights violation:
 5        (A)  Higher  Education Representative.  For an any higher
 6    education  representative  to  commit  or  engage  in  sexual
 7    harassment in higher education.
 8        (B)  Educational Institution of Higher Education.  For an
 9    educational any institution of higher education  to  fail  to
10    take   remedial  action,  or  to  fail  to  take  appropriate
11    disciplinary   action   against   an   a   higher   education
12    representative  employed  by  such  institution,  when   such
13    institution  knows  that such higher education representative
14    was committing or engaging in  or  committed  or  engaged  in
15    sexual harassment in higher education.
16    (Source: P.A. 83-91.)

17        (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
18        Sec.  6-101.  Additional Civil Rights Violations. It is a
19    civil rights violation for a  person,  or  for  two  or  more
20    persons to conspire, to:
21        (A)  Retaliation.  Retaliate  against a person because he
22    or she has opposed that which he or  she  reasonably  and  in
23    good  faith  believes  to  be unlawful discrimination, sexual
24    harassment in  employment  or  sexual  harassment  in  higher
25    education,  discrimination  based  on  citizenship  status in
26    employment, or because he or she has made a charge,  filed  a
27    complaint,   testified,   assisted,  or  participated  in  an
28    investigation, proceeding, or hearing under this Act;
29        (B)  Aiding and Abetting; Coercion. Aid, abet, compel  or
30    coerce a person to commit any violation of this Act;
31        (C)  Interference.    Wilfully    interfere    with   the
32    performance of a duty or the  exercise  of  a  power  by  the
 
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 1    Commission  or  one  of its members or representatives or the
 2    Department or one of its officers or employees.
 3        (D)  Definitions.  For  the  purposes  of  this  Section,
 4    "sexual  harassment"  and "citizenship status" shall have the
 5    same meaning as defined in Section 2-101 of this Act.
 6    (Source: P.A. 87-579.)

 7        (775 ILCS 5/7-106) (from Ch. 68, par. 7-106)
 8        Sec. 7-106.  Recruitment; Research; Public Communication)
 9    For the purpose of promoting  equal  employment  and  housing
10    opportunities and eliminating unlawful discrimination, sexual
11    harassment  in  employment  and  sexual  harassment in higher
12    education, the Department shall have authority to:
13        (A)  Recruitment.   Cooperate  with  public  and  private
14    organizations,  as  well  as  the   Department   of   Central
15    Management    Services,   in   encouraging   individuals   in
16    underrepresented classifications to seek employment in  state
17    government.
18        (B)  Publications; Research.  Issue publications, conduct
19    research, and make surveys as it deems necessary.
20        (C)  Public  Hearings.   Hold  public  hearings to obtain
21    information from the general public on the  effectiveness  of
22    the  state's  equal  employment  opportunity  program and the
23    protection against unlawful discrimination, sexual harassment
24    in employment  and  sexual  harassment  in  higher  education
25    afforded  by  this  Act  and to accept public recommendations
26    concerning changes in the program and the Act  for  inclusion
27    in its annual report.
28        (D)  Promotion  of Communication and Goodwill.  Establish
29    a program to cooperate with civic, religious and  educational
30    organizations  in  order  to  improve human communication and
31    understanding, foster equal opportunities in  employment  and
32    housing,  and  promote  and encourage communication, goodwill
33    and interfaith and interracial harmony.
 
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 1    (Source: P.A. 85-1229; 86-1343.)

 2        (775 ILCS 5/7-108) (from Ch. 68, par. 7-108)
 3        Sec. 7-108.  Local Departments, Commissions.
 4        (A)  Authority. A political subdivision, or two  or  more
 5    political  subdivisions  acting  jointly,  may create a local
 6    department or commission as it or they see fit to promote the
 7    purposes of this Act and to secure for all individuals within
 8    the jurisdiction of the political subdivision or subdivisions
 9    freedom from unlawful discrimination,  sexual  harassment  in
10    employment  and  sexual  harassment  in higher education. The
11    provisions of any ordinance enacted by  any  municipality  or
12    county  which  prohibits  broader  or different categories of
13    discrimination than  are  prohibited  by  this  Act  are  not
14    invalidated or affected by this Act.
15        (B)  Concurrent  Jurisdiction.  When the Department and a
16    local department or commission have  concurrent  jurisdiction
17    over  a  complaint,  either may transfer the complaint to the
18    other under regulations established by the Department.
19        (C)  Exclusive Jurisdiction.  When the  Department  or  a
20    local  department  or  commission  has  jurisdiction  over  a
21    complaint  and  the  other  does not, the Department or local
22    department or commission without  jurisdiction  may  transfer
23    the  complaint  to the other under regulations established by
24    the Department.
25        (D)  To secure and guarantee the  rights  established  by
26    Sections  17,  18  and  19  of  Article  I  of  the  Illinois
27    Constitution,  any  ordinance, resolution, rule or regulation
28    of any county, municipality or other unit of local government
29    or of any local department  or  commission  which  prohibits,
30    restricts, narrows or limits the housing choice of any person
31    is  unenforceable and void. Nothing in this amendatory Act of
32    1981 prohibits a unit of local government from making special
33    outreach efforts to inform  members  of  minority  groups  of
 
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 1    housing  opportunities  available  in areas of majority white
 2    concentration and make similar efforts to inform the majority
 3    white population of available housing  opportunities  located
 4    in   areas  of  minority  concentration.  This  paragraph  is
 5    applicable to home rule units as well as non-home rule units.
 6        Pursuant to Article VII, Section 6, paragraph (i) of  the
 7    Illinois  Constitution,  this  amendatory  Act  of  1981 is a
 8    limitation of the power of home rule units.
 9    (Source: P.A. 85-1229; 86-1343.)