093_HB2992
LRB093 07099 WGH 07252 b
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.)