HB4816 EngrossedLRB102 25914 LNS 35275 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Board of Higher Education Act is amended by
5changing Section 9.16 as follows:
 
6    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
7    Sec. 9.16. Underrepresentation of certain groups in higher
8education. To require public institutions of higher education
9to develop and implement methods and strategies to increase
10the participation of minorities, women and individuals with
11disabilities who are traditionally underrepresented in
12education programs and activities. For the purpose of this
13Section, minorities shall mean persons who are citizens of the
14United States or lawful permanent resident aliens of the
15United States and who are any of the following:
16        (1) American Indian or Alaska Native (a person having
17    origins in any of the original peoples of North and South
18    America, including Central America, and who maintains
19    tribal affiliation or community attachment).
20        (2) Asian (a person having origins in any of the
21    original peoples of the Far East, Southeast Asia, or the
22    Indian subcontinent, including, but not limited to,
23    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

 

 

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1    the Philippine Islands, Thailand, and Vietnam).
2        (3) Black or African American (a person having origins
3    in any of the black racial groups of Africa).
4        (4) Hispanic or Latino (a person of Cuban, Mexican,
5    Puerto Rican, South or Central American, or other Spanish
6    culture or origin, regardless of race).
7        (5) Native Hawaiian or Other Pacific Islander (a
8    person having origins in any of the original peoples of
9    Hawaii, Guam, Samoa, or other Pacific Islands).
10    The Board shall adopt any rules necessary to administer
11this Section. The Board shall also do the following:
12    (a) require all public institutions of higher education to
13develop and submit plans for the implementation of this
14Section;
15    (b) conduct periodic review of public institutions of
16higher education to determine compliance with this Section;
17and if the Board finds that a public institution of higher
18education is not in compliance with this Section, it shall
19notify the institution of steps to take to attain compliance;
20    (c) provide advice and counsel pursuant to this Section;
21    (d) conduct studies of the effectiveness of methods and
22strategies designed to increase participation of students in
23education programs and activities in which minorities, women
24and individuals with disabilities are traditionally
25underrepresented, and monitor the success of students in such
26education programs and activities;

 

 

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1    (e) encourage minority student recruitment and retention
2in colleges and universities. In implementing this paragraph,
3the Board shall undertake but need not be limited to the
4following: the establishment of guidelines and plans for
5public institutions of higher education for minority student
6recruitment and retention, the review and monitoring of
7minority student programs implemented at public institutions
8of higher education to determine their compliance with any
9guidelines and plans so established, the determination of the
10effectiveness and funding requirements of minority student
11programs at public institutions of higher education, the
12dissemination of successful programs as models, and the
13encouragement of cooperative partnerships between community
14colleges and local school attendance centers which are
15experiencing difficulties in enrolling minority students in
16four-year colleges and universities;
17    (f) mandate all public institutions of higher education to
18submit data and information essential to determine compliance
19with this Section. The Board shall prescribe the format and
20the date for submission of this data and any other education
21equity data; and
22    (g) report to the General Assembly and the Governor
23annually with a description of the plans submitted by each
24public institution of higher education for implementation of
25this Section, including financial data relating to the most
26recent fiscal year expenditures for specific minority

 

 

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1programs, the effectiveness of such plans and programs and the
2effectiveness of the methods and strategies developed by the
3Board in meeting the purposes of this Section, the degree of
4compliance with this Section by each public institution of
5higher education as determined by the Board pursuant to its
6periodic review responsibilities, and the findings made by the
7Board in conducting its studies and monitoring student success
8as required by paragraph d) of this Section. With respect to
9each public institution of higher education such report also
10shall include, but need not be limited to, information with
11respect to each institution's minority program budget
12allocations; minority student admission, retention and
13graduation statistics; admission, retention, and graduation
14statistics of all students who are the first in their
15immediate family to attend an institution of higher education;
16number of financial assistance awards to undergraduate and
17graduate minority students; and minority faculty
18representation. This paragraph shall not be construed to
19prohibit the Board from making, preparing or issuing
20additional surveys or studies with respect to minority
21education in Illinois; and
22    (h) require all public institutions of higher education to
23comply with subsection (B) or (B-5) of the Illinois Human
24Rights Act.
25(Source: P.A. 102-465, eff. 1-1-22.)
 

 

 

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1    Section 10. The Illinois Human Rights Act is amended by
2changing Sections 2-101 and 2-105 as follows:
 
3    (775 ILCS 5/2-101)
4    Sec. 2-101. Definitions. The following definitions are
5applicable strictly in the context of this Article.
6    (A) Employee.
7        (1) "Employee" includes:
8            (a) Any individual performing services for
9        remuneration within this State for an employer;
10            (b) An apprentice;
11            (c) An applicant for any apprenticeship.
12        For purposes of subsection (D) of Section 2-102 of
13    this Act, "employee" also includes an unpaid intern. An
14    unpaid intern is a person who performs work for an
15    employer under the following circumstances:
16            (i) the employer is not committed to hiring the
17        person performing the work at the conclusion of the
18        intern's tenure;
19            (ii) the employer and the person performing the
20        work agree that the person is not entitled to wages for
21        the work performed; and
22            (iii) the work performed:
23                (I) supplements training given in an
24            educational environment that may enhance the
25            employability of the intern;

 

 

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1                (II) provides experience for the benefit of
2            the person performing the work;
3                (III) does not displace regular employees;
4                (IV) is performed under the close supervision
5            of existing staff; and
6                (V) provides no immediate advantage to the
7            employer providing the training and may
8            occasionally impede the operations of the
9            employer.
10        (2) "Employee" does not include:
11            (a) (Blank);
12            (b) Individuals employed by persons who are not
13        "employers" as defined by this Act;
14            (c) Elected public officials or the members of
15        their immediate personal staffs;
16            (d) Principal administrative officers of the State
17        or of any political subdivision, municipal corporation
18        or other governmental unit or agency;
19            (e) A person in a vocational rehabilitation
20        facility certified under federal law who has been
21        designated an evaluee, trainee, or work activity
22        client.
23    (B) Employer.
24        (1) "Employer" includes:
25            (a) Any person employing one or more employees
26        within Illinois during 20 or more calendar weeks

 

 

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1        within the calendar year of or preceding the alleged
2        violation;
3            (b) Any person employing one or more employees
4        when a complainant alleges civil rights violation due
5        to unlawful discrimination based upon his or her
6        physical or mental disability unrelated to ability,
7        pregnancy, or sexual harassment;
8            (c) The State and any political subdivision,
9        municipal corporation or other governmental unit or
10        agency, without regard to the number of employees;
11            (d) Any party to a public contract without regard
12        to the number of employees;
13            (e) A joint apprenticeship or training committee
14        without regard to the number of employees.
15        (2) "Employer" does not include any place of worship,
16    religious corporation, association, educational
17    institution, society, or non-profit nursing institution
18    conducted by and for those who rely upon treatment by
19    prayer through spiritual means in accordance with the
20    tenets of a recognized church or religious denomination
21    with respect to the employment of individuals of a
22    particular religion to perform work connected with the
23    carrying on by such place of worship, corporation,
24    association, educational institution, society or
25    non-profit nursing institution of its activities.
26    (C) Employment Agency. "Employment Agency" includes both

 

 

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1public and private employment agencies and any person, labor
2organization, or labor union having a hiring hall or hiring
3office regularly undertaking, with or without compensation, to
4procure opportunities to work, or to procure, recruit, refer
5or place employees.
6    (D) Labor Organization. "Labor Organization" includes any
7organization, labor union, craft union, or any voluntary
8unincorporated association designed to further the cause of
9the rights of union labor which is constituted for the
10purpose, in whole or in part, of collective bargaining or of
11dealing with employers concerning grievances, terms or
12conditions of employment, or apprenticeships or applications
13for apprenticeships, or of other mutual aid or protection in
14connection with employment, including apprenticeships or
15applications for apprenticeships.
16    (E) Sexual Harassment. "Sexual harassment" means any
17unwelcome sexual advances or requests for sexual favors or any
18conduct of a sexual nature when (1) submission to such conduct
19is made either explicitly or implicitly a term or condition of
20an individual's employment, (2) submission to or rejection of
21such conduct by an individual is used as the basis for
22employment decisions affecting such individual, or (3) such
23conduct has the purpose or effect of substantially interfering
24with an individual's work performance or creating an
25intimidating, hostile or offensive working environment.
26    For purposes of this definition, the phrase "working

 

 

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1environment" is not limited to a physical location an employee
2is assigned to perform his or her duties.
3    (E-1) Harassment. "Harassment" means any unwelcome conduct
4on the basis of an individual's actual or perceived race,
5color, religion, national origin, ancestry, age, sex, marital
6status, order of protection status, disability, military
7status, sexual orientation, pregnancy, unfavorable discharge
8from military service, citizenship status, or work
9authorization status that has the purpose or effect of
10substantially interfering with the individual's work
11performance or creating an intimidating, hostile, or offensive
12working environment. For purposes of this definition, the
13phrase "working environment" is not limited to a physical
14location an employee is assigned to perform his or her duties.
15    (F) Religion. "Religion" with respect to employers
16includes all aspects of religious observance and practice, as
17well as belief, unless an employer demonstrates that he is
18unable to reasonably accommodate an employee's or prospective
19employee's religious observance or practice without undue
20hardship on the conduct of the employer's business.
21    (G) Public Employer. "Public employer" means the State, an
22agency or department thereof, unit of local government, school
23district, instrumentality or political subdivision.
24    (H) Public Employee. "Public employee" means an employee
25of the State, agency or department thereof, unit of local
26government, school district, instrumentality or political

 

 

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1subdivision. "Public employee" does not include public
2officers or employees of the General Assembly or agencies
3thereof.
4    (I) Public Officer. "Public officer" means a person who is
5elected to office pursuant to the Constitution or a statute or
6ordinance, or who is appointed to an office which is
7established, and the qualifications and duties of which are
8prescribed, by the Constitution or a statute or ordinance, to
9discharge a public duty for the State, agency or department
10thereof, unit of local government, school district,
11instrumentality or political subdivision.
12    (J) Eligible Bidder. Except as defined in subsection (B-5)
13of Section 2-105, "eligible "Eligible bidder" means a person
14who, prior to contract award or prior to bid opening for State
15contracts for construction or construction-related services,
16has filed with the Department a properly completed, sworn and
17currently valid employer report form, pursuant to the
18Department's regulations. The provisions of this Article
19relating to eligible bidders apply only to bids on contracts
20with the State and its departments, agencies, boards, and
21commissions, and the provisions do not apply to bids on
22contracts with units of local government or school districts.
23    (K) Citizenship Status. "Citizenship status" means the
24status of being:
25        (1) a born U.S. citizen;
26        (2) a naturalized U.S. citizen;

 

 

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1        (3) a U.S. national; or
2        (4) a person born outside the United States and not a
3    U.S. citizen who is not an unauthorized alien and who is
4    protected from discrimination under the provisions of
5    Section 1324b of Title 8 of the United States Code, as now
6    or hereafter amended.
7    (L) Work Authorization Status. "Work authorization status"
8means the status of being a person born outside of the United
9States, and not a U.S. citizen, who is authorized by the
10federal government to work in the United States.
11(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
12102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
 
13    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
14    Sec. 2-105. Equal Employment Opportunities; Affirmative
15Action.
16    (A) Public Contracts. Every party to a public contract and
17every eligible bidder shall:
18        (1) Refrain from unlawful discrimination and
19    discrimination based on citizenship status in employment
20    and undertake affirmative action to assure equality of
21    employment opportunity and eliminate the effects of past
22    discrimination;
23        (2) Comply with the procedures and requirements of the
24    Department's regulations concerning equal employment
25    opportunities and affirmative action;

 

 

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1        (3) Provide such information, with respect to its
2    employees and applicants for employment, and assistance as
3    the Department may reasonably request;
4        (4) Have written sexual harassment policies that shall
5    include, at a minimum, the following information: (i) the
6    illegality of sexual harassment; (ii) the definition of
7    sexual harassment under State law; (iii) a description of
8    sexual harassment, utilizing examples; (iv) the vendor's
9    internal complaint process including penalties; (v) the
10    legal recourse, investigative, and complaint process
11    available through the Department and the Commission; (vi)
12    directions on how to contact the Department and
13    Commission; and (vii) protection against retaliation as
14    provided by Sections 6-101 and 6-101.5 of this Act. A copy
15    of the policies shall be provided to the Department upon
16    request. Additionally, each bidder who submits a bid or
17    offer for a State contract under the Illinois Procurement
18    Code shall have a written copy of the bidder's sexual
19    harassment policy as required under this paragraph (4). A
20    copy of the policy shall be provided to the State agency
21    entering into the contract upon request.
22    (B) State Agencies. Every State executive department,
23State agency, board, commission, and instrumentality shall:
24        (1) Comply with the procedures and requirements of the
25    Department's regulations concerning equal employment
26    opportunities and affirmative action. ;

 

 

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1        (2) Provide such information and assistance as the
2    Department may request.
3        (3) Establish, maintain, and carry out a continuing
4    affirmative action plan consistent with this Act and the
5    regulations of the Department designed to promote equal
6    opportunity for all State residents in every aspect of
7    agency personnel policy and practice. For purposes of
8    these affirmative action plans, the race and national
9    origin categories to be included in the plans are:
10    American Indian or Alaska Native, Asian, Black or African
11    American, Hispanic or Latino, Native Hawaiian or Other
12    Pacific Islander.
13        This plan shall include a current detailed status
14    report:
15            (a) indicating, by each position in State service,
16        the number, percentage, and average salary of
17        individuals employed by race, national origin, sex and
18        disability, and any other category that the Department
19        may require by rule;
20            (b) identifying all positions in which the
21        percentage of the people employed by race, national
22        origin, sex and disability, and any other category
23        that the Department may require by rule, is less than
24        four-fifths of the percentage of each of those
25        components in the State work force;
26            (c) specifying the goals and methods for

 

 

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1        increasing the percentage by race, national origin,
2        sex, and disability, and any other category that the
3        Department may require by rule, in State positions;
4            (d) indicating progress and problems toward
5        meeting equal employment opportunity goals, including,
6        if applicable, but not limited to, Department of
7        Central Management Services recruitment efforts,
8        publicity, promotions, and use of options designating
9        positions by linguistic abilities;
10            (e) establishing a numerical hiring goal for the
11        employment of qualified persons with disabilities in
12        the agency as a whole, to be based on the proportion of
13        people with work disabilities in the Illinois labor
14        force as reflected in the most recent employment data
15        made available by the United States Census Bureau.
16        (4) If the agency has 1000 or more employees, appoint
17    a full-time Equal Employment Opportunity officer, subject
18    to the Department's approval, whose duties shall include:
19            (a) Advising the head of the particular State
20        agency with respect to the preparation of equal
21        employment opportunity programs, procedures,
22        regulations, reports, and the agency's affirmative
23        action plan.
24            (b) Evaluating in writing each fiscal year the
25        sufficiency of the total agency program for equal
26        employment opportunity and reporting thereon to the

 

 

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1        head of the agency with recommendations as to any
2        improvement or correction in recruiting, hiring or
3        promotion needed, including remedial or disciplinary
4        action with respect to managerial or supervisory
5        employees who have failed to cooperate fully or who
6        are in violation of the program.
7            (c) Making changes in recruitment, training and
8        promotion programs and in hiring and promotion
9        procedures designed to eliminate discriminatory
10        practices when authorized.
11            (d) Evaluating tests, employment policies,
12        practices, and qualifications and reporting to the
13        head of the agency and to the Department any policies,
14        practices and qualifications that have unequal impact
15        by race, national origin as required by Department
16        rule, sex, or disability or any other category that
17        the Department may require by rule, and to assist in
18        the recruitment of people in underrepresented
19        classifications. This function shall be performed in
20        cooperation with the State Department of Central
21        Management Services.
22            (e) Making any aggrieved employee or applicant for
23        employment aware of his or her remedies under this
24        Act.
25            In any meeting, investigation, negotiation,
26        conference, or other proceeding between a State

 

 

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1        employee and an Equal Employment Opportunity officer,
2        a State employee (1) who is not covered by a collective
3        bargaining agreement and (2) who is the complaining
4        party or the subject of such proceeding may be
5        accompanied, advised and represented by (1) an
6        attorney licensed to practice law in the State of
7        Illinois or (2) a representative of an employee
8        organization whose membership is composed of employees
9        of the State and of which the employee is a member. A
10        representative of an employee, other than an attorney,
11        may observe but may not actively participate, or
12        advise the State employee during the course of such
13        meeting, investigation, negotiation, conference, or
14        other proceeding. Nothing in this Section shall be
15        construed to permit any person who is not licensed to
16        practice law in Illinois to deliver any legal services
17        or otherwise engage in any activities that would
18        constitute the unauthorized practice of law. Any
19        representative of an employee who is present with the
20        consent of the employee, shall not, during or after
21        termination of the relationship permitted by this
22        Section with the State employee, use or reveal any
23        information obtained during the course of the meeting,
24        investigation, negotiation, conference, or other
25        proceeding without the consent of the complaining
26        party and any State employee who is the subject of the

 

 

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1        proceeding and pursuant to rules and regulations
2        governing confidentiality of such information as
3        promulgated by the appropriate State agency.
4        Intentional or reckless disclosure of information in
5        violation of these confidentiality requirements shall
6        constitute a Class B misdemeanor.
7        (5) Establish, maintain, and carry out a continuing
8    sexual harassment program that shall include the
9    following:
10            (a) Develop a written sexual harassment policy
11        that includes at a minimum the following information:
12        (i) the illegality of sexual harassment; (ii) the
13        definition of sexual harassment under State law; (iii)
14        a description of sexual harassment, utilizing
15        examples; (iv) the agency's internal complaint process
16        including penalties; (v) the legal recourse,
17        investigative, and complaint process available through
18        the Department and the Commission; (vi) directions on
19        how to contact the Department and Commission; and
20        (vii) protection against retaliation as provided by
21        Section 6-101 of this Act. The policy shall be
22        reviewed annually.
23            (b) Post in a prominent and accessible location
24        and distribute in a manner to assure notice to all
25        agency employees without exception the agency's sexual
26        harassment policy. Such documents may meet, but shall

 

 

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1        not exceed, the 6th grade literacy level. Distribution
2        shall be effectuated within 90 days of the effective
3        date of this amendatory Act of 1992 and shall occur
4        annually thereafter.
5            (c) Provide training on sexual harassment
6        prevention and the agency's sexual harassment policy
7        as a component of all ongoing or new employee training
8        programs.
9        (6) Notify the Department 30 days before effecting any
10    layoff. Once notice is given, the following shall occur:
11            (a) No layoff may be effective earlier than 10
12        working days after notice to the Department, unless an
13        emergency layoff situation exists.
14            (b) The State executive department, State agency,
15        board, commission, or instrumentality in which the
16        layoffs are to occur must notify each employee
17        targeted for layoff, the employee's union
18        representative (if applicable), and the State
19        Dislocated Worker Unit at the Department of Commerce
20        and Economic Opportunity.
21            (c) The State executive department, State agency,
22        board, commission, or instrumentality in which the
23        layoffs are to occur must conform to applicable
24        collective bargaining agreements.
25            (d) The State executive department, State agency,
26        board, commission, or instrumentality in which the

 

 

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1        layoffs are to occur should notify each employee
2        targeted for layoff that transitional assistance may
3        be available to him or her under the Economic
4        Dislocation and Worker Adjustment Assistance Act
5        administered by the Department of Commerce and
6        Economic Opportunity. Failure to give such notice
7        shall not invalidate the layoff or postpone its
8        effective date.
9     As used in this subsection (B), "disability" shall be
10defined in rules promulgated under the Illinois Administrative
11Procedure Act.
12    The provisions of this subsection do not apply to a
13purchasing institution of higher education that has adopted a
145% plus factor under subsection (B-5).
15    (B-5) State Agencies; Public Higher Education. A
16university or community college listed in Section 1 of the
17Board of Higher Education Act, at the discretion of its
18governing board, may adopt a 5% plus factor with respect to a
19minority-owned business, women-owned business, or business
20owned by a person with a disability. The use of a 5% plus
21factor shall require every bid price that is submitted by an
22eligible bidder to be multiplied by 0.95 for purposes of bid
23selection.
24    A university or community college listed in Section 1 of
25the Board of Higher Education Act, at the direction of the
26governing board, may adopt reciprocity with respect to the

 

 

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1procurement certifications operated by the City of Chicago
2with respect to a minority-owned business, women-owned
3business, or business owned by a person with a disability.
4    This subsection applies to the purchasing institution of
5higher education and the provisions of subsection (B) are
6suspended. However, if the plus factor ceases to be applied,
7the provisions of this subsection shall automatically be
8suspended and the institution of higher education shall be
9subject to subsection (B).
10    As used in this subsection:
11    "Business owned by a person with a disability" has the
12same meaning as used in Section 2 of the Business Enterprise
13for Minorities, Women, and Persons with Disabilities Act.
14    "Eligible bidder" has the meaning provided in subsection
15(J) of Section 2-101 and also means a business granted
16standing under Chapter 2-92 of the Municipal Code of Chicago.
17    "Minority-owned business" has the same meaning as used in
18Section 2 of the Business Enterprise for Minorities, Women,
19and Persons with Disabilities Act.
20    "Procurement certifications operated by the City of
21Chicago" refers to the certification of eligible businesses
22under Section 2-92-495 of the Municipal Code of Chicago.
23    "Women-owned business" has the same meaning as used in
24Section 2 of the Business Enterprise for Minorities, Women,
25and Persons with Disabilities Act.
26    (C) Civil Rights Violations. It is a civil rights

 

 

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1violation for any public contractor or eligible bidder to:
2        (1) fail to comply with the public contractor's or
3    eligible bidder's duty to refrain from unlawful
4    discrimination and discrimination based on citizenship
5    status in employment under subsection (A)(1) of this
6    Section; or
7        (2) fail to comply with the public contractor's or
8    eligible bidder's duties of affirmative action under
9    subsection (A) of this Section, provided however, that the
10    Department has notified the public contractor or eligible
11    bidder in writing by certified mail that the public
12    contractor or eligible bidder may not be in compliance
13    with affirmative action requirements of subsection (A). A
14    minimum of 60 days to comply with the requirements shall
15    be afforded to the public contractor or eligible bidder
16    before the Department may issue formal notice of
17    non-compliance.
18    (D) As used in this Section:
19        (1) "American Indian or Alaska Native" means a person
20    having origins in any of the original peoples of North and
21    South America, including Central America, and who
22    maintains tribal affiliation or community attachment.
23        (2) "Asian" means a person having origins in any of
24    the original peoples of the Far East, Southeast Asia, or
25    the Indian subcontinent, including, but not limited to,
26    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

 

 

HB4816 Engrossed- 22 -LRB102 25914 LNS 35275 b

1    the Philippine Islands, Thailand, and Vietnam.
2        (3) "Black or African American" means a person having
3    origins in any of the black racial groups of Africa.
4        (4) "Hispanic or Latino" means a person of Cuban,
5    Mexican, Puerto Rican, South or Central American, or other
6    Spanish culture or origin, regardless of race.
7        (5) "Native Hawaiian or Other Pacific Islander" means
8    a person having origins in any of the original peoples of
9    Hawaii, Guam, Samoa, or other Pacific Islands.
10(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22;
11revised 9-22-21.)