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1 | AN ACT in relation to human rights.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
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, 1-103, and 3-102 as follows:
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6 | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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7 | Sec. 1-102. Declaration of Policy. It is the public policy | ||||||
8 | of this State:
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9 | (A) Freedom from Unlawful Discrimination. To secure for all | ||||||
10 | individuals
within Illinois the freedom from discrimination | ||||||
11 | against any individual because
of his or her race, color, | ||||||
12 | religion, sex, national origin, ancestry, age,
marital status, | ||||||
13 | physical or mental handicap, military status, or unfavorable
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14 | discharge from military service in connection with employment, | ||||||
15 | real estate
transactions, access to financial credit, and the | ||||||
16 | availability of public
accommodations.
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17 | (B) Freedom from Sexual Harassment-Employment and Higher | ||||||
18 | Education.
To prevent sexual harassment in employment and | ||||||
19 | sexual harassment in
higher education.
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20 | (C) Freedom from Discrimination Based on Citizenship | ||||||
21 | Status-Employment.
To prevent discrimination based on | ||||||
22 | citizenship status in employment.
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23 | (D) Freedom from Discrimination Based on Familial Status or | ||||||
24 | Source of
Income -Real Estate
Transactions. To prevent | ||||||
25 | discrimination based on familial status or source
of income in | ||||||
26 | real
estate transactions.
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27 | (E) Public Health, Welfare and Safety. To promote the | ||||||
28 | public health,
welfare and safety by protecting the interest of | ||||||
29 | all people in Illinois
in maintaining personal dignity, in | ||||||
30 | realizing their full productive
capacities, and in furthering | ||||||
31 | their interests, rights and privileges as
citizens of this | ||||||
32 | State.
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1 | (F) Implementation of Constitutional Guarantees. To secure | ||||||
2 | and
guarantee the rights established by Sections 17, 18 and 19 | ||||||
3 | of Article I
of the Illinois Constitution of 1970.
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4 | (G) Equal Opportunity, Affirmative Action. To establish | ||||||
5 | Equal
Opportunity and Affirmative Action as the policies of | ||||||
6 | this State in all
of its decisions, programs and activities, | ||||||
7 | and to assure that all State
departments, boards, commissions | ||||||
8 | and instrumentalities rigorously take
affirmative action to | ||||||
9 | provide equality of opportunity and eliminate the
effects of | ||||||
10 | past discrimination in the internal affairs of State
government | ||||||
11 | and in their relations with the public.
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12 | (H) Unfounded Charges. To protect citizens of this State | ||||||
13 | against
unfounded charges of unlawful discrimination, sexual | ||||||
14 | harassment in
employment and sexual harassment in higher | ||||||
15 | education, and discrimination
based on citizenship status in | ||||||
16 | employment.
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17 | (Source: P.A. 87-579; 88-178.)
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18 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
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19 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
20 | unless the
context requires otherwise, the term:
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21 | (A) Age. "Age" means the chronological age of a person who | ||||||
22 | is at least
40 years old, except with regard to any practice | ||||||
23 | described in Section
2-102, insofar as that practice concerns | ||||||
24 | training or apprenticeship
programs. In the case of training or | ||||||
25 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
26 | "age" means the chronological age of a person
who is 18 but not | ||||||
27 | yet 40 years old.
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28 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
29 | is alleged
or proved to have been injured by a civil rights | ||||||
30 | violation or believes he
or she will be injured by a civil | ||||||
31 | rights violation under Article 3 that is
about to occur.
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32 | (C) Charge. "Charge" means an allegation filed with the | ||||||
33 | Department
by an aggrieved party or initiated by the Department | ||||||
34 | under its
authority.
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35 | (D) Civil Rights Violation. "Civil rights violation" |
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1 | includes and
shall be limited to only those specific acts set | ||||||
2 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | ||||||
3 | 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | ||||||
4 | Act.
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5 | (E) Commission. "Commission" means the Human Rights | ||||||
6 | Commission
created by this Act.
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7 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
8 | by
the Department with the Commission following an | ||||||
9 | investigation and
finding of substantial evidence of a civil | ||||||
10 | rights violation.
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11 | (G) Complainant. "Complainant" means a person including | ||||||
12 | the
Department who files a charge of civil rights violation | ||||||
13 | with the Department or
the Commission.
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14 | (H) Department. "Department" means the Department of Human | ||||||
15 | Rights
created by this Act.
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16 | (I) Handicap. "Handicap" means a determinable physical or | ||||||
17 | mental
characteristic of a person, including, but not limited | ||||||
18 | to, a determinable
physical characteristic which necessitates | ||||||
19 | the person's use of a guide,
hearing or support dog, the | ||||||
20 | history of such characteristic, or the
perception of such | ||||||
21 | characteristic by the person complained against, which
may | ||||||
22 | result from disease, injury, congenital condition of birth or
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23 | functional disorder and which characteristic:
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24 | (1) For purposes of Article 2 is unrelated to the | ||||||
25 | person's ability
to perform the duties of a particular job | ||||||
26 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
27 | person's illegal use of drugs or alcohol is not a
handicap;
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28 | (2) For purposes of Article 3, is unrelated to the | ||||||
29 | person's ability
to acquire, rent or maintain a housing | ||||||
30 | accommodation;
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31 | (3) For purposes of Article 4, is unrelated to a | ||||||
32 | person's ability to
repay;
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33 | (4) For purposes of Article 5, is unrelated to a | ||||||
34 | person's ability to
utilize and benefit from a place of | ||||||
35 | public accommodation.
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36 | (I-5) Housing authority. "Housing authority" means either |
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1 | a housing authority created under the Housing Authorities Act | ||||||
2 | or other government agency that is authorized by the United | ||||||
3 | States government under the United States Housing Act of 1937 | ||||||
4 | to administer a housing choice voucher program, or the | ||||||
5 | authorized agent of such a housing authority that is authorized | ||||||
6 | to act upon that authority's behalf.
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7 | (J) Marital Status. "Marital status" means the legal status | ||||||
8 | of being
married, single, separated, divorced or widowed.
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9 | (J-1) Military Status. "Military status" means a person's | ||||||
10 | status on
active duty in the armed forces of the United States.
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11 | (K) National Origin. "National origin" means the place in | ||||||
12 | which a
person or one of his or her ancestors was born.
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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 | (M) Public Contract. "Public contract" includes every | ||||||
21 | contract to which the
State, any of its political subdivisions | ||||||
22 | or any municipal corporation is a
party.
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23 | (N) Religion. "Religion" includes all aspects of religious | ||||||
24 | observance
and practice, as well as belief, except that with | ||||||
25 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
26 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
27 | 2-101.
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28 | (O) Sex. "Sex" means the status of being male or female.
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29 | (O-5) Source of Income. "Source of income" means any lawful | ||||||
30 | income, subsidy, or benefit with which an individual supports | ||||||
31 | himself or herself and his or her dependents, including, but | ||||||
32 | not limited to, child support, maintenance,
and any federal, | ||||||
33 | State, or local public assistance, medical assistance, or | ||||||
34 | rental assistance program.
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35 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
36 | discharge"
includes discharges from the Armed Forces of the |
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1 | United States, their
Reserve components or any National Guard | ||||||
2 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
3 | thereof, but does not include those
characterized as RE-4 or | ||||||
4 | "Dishonorable".
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5 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
6 | means discrimination
against a person because of his or her | ||||||
7 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
8 | marital status, handicap, military status, or unfavorable
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9 | discharge from military service as those terms are defined in | ||||||
10 | this Section.
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11 | (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
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12 | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
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13 | Sec. 3-102. Civil Rights Violations; Real Estate | ||||||
14 | Transactions) It
is a civil rights violation for an owner or | ||||||
15 | any other person engaging in
a real estate transaction, or for | ||||||
16 | a real estate broker or salesman,
because of unlawful | ||||||
17 | discrimination or familial status or source of income ,
to
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18 | (A) Transaction. Refuse to engage in a real estate | ||||||
19 | transaction with
a person or to discriminate in making | ||||||
20 | available such a transaction;
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21 | (B) Terms. Alter the terms, conditions or privileges of a | ||||||
22 | real
estate transaction or in the furnishing of facilities or | ||||||
23 | services in
connection therewith;
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24 | (C) Offer. Refuse to receive or to fail to transmit a bona | ||||||
25 | fide
offer to engage in a real estate transaction from a | ||||||
26 | person;
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27 | (D) Negotiation. Refuse to negotiate for a real estate | ||||||
28 | transaction
with a person;
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29 | (E) Representations. Represent to a person that real | ||||||
30 | property is
not available for inspection, sale, rental, or | ||||||
31 | lease when in fact it is
so available, or to fail to bring a | ||||||
32 | property listing to his or her
attention, or to refuse to | ||||||
33 | permit him or her to inspect real property;
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34 | (F) Publication of Intent. Print, circulate, post, mail,
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35 | publish or cause
to be so published a written or oral |
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1 | statement, advertisement or sign,
or to use a form
of | ||||||
2 | application for a real estate transaction, or to make a record | ||||||
3 | or
inquiry in connection with a prospective real estate | ||||||
4 | transaction, which
expresses any limitation founded upon, or
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5 | indicates, directly or indirectly, an intent to engage in | ||||||
6 | unlawful
discrimination;
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7 | (G) Listings. Offer, solicit, accept, use or retain a | ||||||
8 | listing of
real property with knowledge that unlawful | ||||||
9 | discrimination or
discrimination on the basis of familial | ||||||
10 | status in a real estate
transaction is intended.
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11 | Nothing in this Section 3-102 or in any municipal or county | ||||||
12 | ordinance described in Section 7-108 of this Act shall require | ||||||
13 | a housing authority, its designated property manager, or any | ||||||
14 | other housing authority agents or assigns of any housing | ||||||
15 | development project in which 25% or more of the units are owned | ||||||
16 | by a housing authority or subject to a leasing agreement, | ||||||
17 | regulatory and operating agreement, or other similar | ||||||
18 | instrument with a housing authority to lease or rent another | ||||||
19 | unit of that same housing development project to an existing or | ||||||
20 | prospective tenant who is receiving subsidies, payment | ||||||
21 | assistance, contributions, or vouchers under or in connection | ||||||
22 | with the federal Housing Choice Voucher (also known as Section | ||||||
23 | 8) program (42 U.S.C. 1437f) for payment of part or all of the | ||||||
24 | rent for the unit.
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25 | Nothing in this Section 3-102, except with respect to | ||||||
26 | written statements prohibited by subdivision (F) of this | ||||||
27 | Section, shall require or prevent any person whose property is | ||||||
28 | located in a municipality with fewer than 1,000,000 | ||||||
29 | inhabitants, and is in a concentrated census tract where 3% of | ||||||
30 | the total housing stock in that census tract is occupied by | ||||||
31 | tenants relying on subsidies, payment assistance, | ||||||
32 | contributions, or vouchers under or in connection with the | ||||||
33 | federal Housing Choice Voucher (also known as Section 8) | ||||||
34 | program (42 U.S.C. 1437f) for payment of part of the rent for | ||||||
35 | the unit to lease or rent a unit to a prospective tenant who is | ||||||
36 | relying on such a subsidy, payment assistance, contribution, or |
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1 | voucher for payment of part or all of the rent for the unit.
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2 | The housing authority shall determine which census tracts | ||||||
3 | within its service area meet the concentrated census tract | ||||||
4 | exemption requirements and annually deliver that information | ||||||
5 | to the municipalities within its jurisdiction.
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6 | Nothing in this Section 3-102 prevents an owner or agent | ||||||
7 | from taking into consideration factors other than lawful source | ||||||
8 | of income such as credit history, criminal history, or | ||||||
9 | references.
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10 | (Source: P.A. 86-910.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law. |