Rep. Wyvetter H. Younge
Filed: 3/23/2004
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1 | AMENDMENT TO HOUSE BILL 4116
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2 | AMENDMENT NO. ______. Amend House Bill 4116 on page 1, line | ||||||
3 | 14, by changing "affects" to "effects"; and | ||||||
4 | |||||||
5 | by replacing lines 34 through 36 on page 3 and lines 1 and 2 on | ||||||
6 | page 4 with the following: | ||||||
7 | "(b) The Department of Human Rights shall enforce the | ||||||
8 | rights of homeless persons set forth in subsection (a) in | ||||||
9 | accordance with the Illinois Human Rights Act."; and | ||||||
10 | |||||||
11 | on page 4, after line 12, by inserting the following:
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12 | "Section 90. The Illinois Human Rights Act is amended by | ||||||
13 | changing Sections 1-102 and 1-103 as follows:
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14 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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15 | Sec. 1-102. Declaration of Policy. It is the public policy | ||||||
16 | of this State:
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17 | (A) Freedom from Unlawful Discrimination. To secure for all | ||||||
18 | individuals
within Illinois the freedom from discrimination | ||||||
19 | against any individual because
of his or her race, color, | ||||||
20 | religion, sex, national origin, ancestry, age,
marital status, | ||||||
21 | physical or mental handicap, housing status, military status, | ||||||
22 | or unfavorable
discharge from military service in connection | ||||||
23 | with employment, real estate
transactions, access to financial | ||||||
24 | credit, and the availability of public
accommodations.
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1 | (B) Freedom from Sexual Harassment-Employment and Higher | ||||||
2 | Education.
To prevent sexual harassment in employment and | ||||||
3 | sexual harassment in
higher education.
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4 | (C) Freedom from Discrimination Based on Citizenship | ||||||
5 | Status-Employment.
To prevent discrimination based on | ||||||
6 | citizenship status in employment.
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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 of | ||||||
12 | 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
government | ||||||
26 | and in their relations with the public.
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27 | (H) Unfounded Charges. To protect citizens of this State | ||||||
28 | against
unfounded charges of unlawful discrimination, sexual | ||||||
29 | harassment in
employment and sexual harassment in higher | ||||||
30 | education, and discrimination
based on citizenship status in | ||||||
31 | employment.
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32 | (Source: P.A. 87-579; 88-178.)
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33 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
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1 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
2 | unless the
context requires otherwise, the term:
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3 | (A) Age. "Age" means the chronological age of a person who | ||||||
4 | is at least
40 years old, except with regard to any practice | ||||||
5 | described in Section
2-102, insofar as that practice concerns | ||||||
6 | training or apprenticeship
programs. In the case of training or | ||||||
7 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
8 | "age" means the chronological age of a person
who is 18 but not | ||||||
9 | yet 40 years old.
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10 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
11 | is alleged
or proved to have been injured by a civil rights | ||||||
12 | violation or believes he
or she will be injured by a civil | ||||||
13 | rights violation under Article 3 that is
about to occur.
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14 | (C) Charge. "Charge" means an allegation filed with the | ||||||
15 | Department
by an aggrieved party or initiated by the Department | ||||||
16 | under its
authority.
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17 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
18 | includes and
shall be limited to only those specific acts set | ||||||
19 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | ||||||
20 | 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | ||||||
21 | Act.
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22 | (E) Commission. "Commission" means the Human Rights | ||||||
23 | Commission
created by this Act.
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24 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
25 | by
the Department with the Commission following an | ||||||
26 | investigation and
finding of substantial evidence of a civil | ||||||
27 | rights violation.
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28 | (G) Complainant. "Complainant" means a person including | ||||||
29 | the
Department who files a charge of civil rights violation | ||||||
30 | with the Department or
the Commission.
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31 | (H) Department. "Department" means the Department of Human | ||||||
32 | Rights
created by this Act.
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33 | (I) Handicap. "Handicap" means a determinable physical or | ||||||
34 | mental
characteristic of a person, including, but not limited |
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1 | to, a determinable
physical characteristic which necessitates | ||||||
2 | the person's use of a guide,
hearing or support dog, the | ||||||
3 | history of such characteristic, or the
perception of such | ||||||
4 | characteristic by the person complained against, which
may | ||||||
5 | result from disease, injury, congenital condition of birth or
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6 | functional disorder and which characteristic:
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7 | (1) For purposes of Article 2 is unrelated to the | ||||||
8 | person's ability
to perform the duties of a particular job | ||||||
9 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
10 | person's illegal use of drugs or alcohol is not a
handicap;
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11 | (2) For purposes of Article 3, is unrelated to the | ||||||
12 | person's ability
to acquire, rent or maintain a housing | ||||||
13 | accommodation;
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14 | (3) For purposes of Article 4, is unrelated to a | ||||||
15 | person's ability to
repay;
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16 | (4) For purposes of Article 5, is unrelated to a | ||||||
17 | person's ability to
utilize and benefit from a place of | ||||||
18 | public accommodation.
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19 | (I-5) Housing status. "Housing status" means (i) the type | ||||||
20 | of housing in which an individual resides or (ii) the status of | ||||||
21 | having or not having a fixed or regular residence, including | ||||||
22 | the status of living on the streets, in a shelter, or in a | ||||||
23 | temporary residence.
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24 | (J) Marital Status. "Marital status" means the legal status | ||||||
25 | of being
married, single, separated, divorced or widowed.
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26 | (J-1) Military Status. "Military status" means a person's | ||||||
27 | status on
active duty in the armed forces of the United States.
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28 | (K) National Origin. "National origin" means the place in | ||||||
29 | which a
person or one of his or her ancestors was born.
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30 | (L) Person. "Person" includes one or more individuals, | ||||||
31 | partnerships,
associations or organizations, labor | ||||||
32 | organizations, labor unions, joint
apprenticeship committees, | ||||||
33 | or union labor associations, corporations, the
State of | ||||||
34 | Illinois and its instrumentalities, political subdivisions, |
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1 | units
of local government, legal representatives, trustees in | ||||||
2 | bankruptcy
or receivers.
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3 | (M) Public Contract. "Public contract" includes every | ||||||
4 | contract to which the
State, any of its political subdivisions | ||||||
5 | or any municipal corporation is a
party.
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6 | (N) Religion. "Religion" includes all aspects of religious | ||||||
7 | observance
and practice, as well as belief, except that with | ||||||
8 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
9 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
10 | 2-101.
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11 | (O) Sex. "Sex" means the status of being male or female.
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12 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
13 | discharge"
includes discharges from the Armed Forces of the | ||||||
14 | United States, their
Reserve components or any National Guard | ||||||
15 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
16 | thereof, but does not include those
characterized as RE-4 or | ||||||
17 | "Dishonorable".
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18 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
19 | means discrimination
against a person because of his or her | ||||||
20 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
21 | marital status, handicap, housing status, military status, or | ||||||
22 | unfavorable
discharge from military service as those terms are | ||||||
23 | defined in this Section.
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24 | (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)".
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