Illinois General Assembly - Full Text of HB4049
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Full Text of HB4049  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/13/2020, by Rep. Jonathan Carroll and David McSweeney


775 ILCS 5/5A-101  from Ch. 68, par. 5A-101
775 ILCS 5/5A-102  from Ch. 68, par. 5A-102
775 ILCS 5/5A-103 new

    Amends the Elementary, Secondary, and Higher Education Article of the Illinois Human Rights Act. Defines "anti-Semitism". Provides that an institution of elementary, secondary, or higher education commits a civil rights violation if it fails to treat anti-Semitism in an identical manner to discrimination motivated by race. Describes anti-Semitism. Provides that nothing in the new provisions infringes on the constitutional protections for free speech or may be construed to conflict with federal or State discrimination laws.

LRB101 16078 LNS 65441 b





HB4049LRB101 16078 LNS 65441 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 Illinois Human Rights Act is amended by
5changing Sections 5A-101 and 5A-102 and by adding Section
65A-103 as follows:
7    (775 ILCS 5/5A-101)  (from Ch. 68, par. 5A-101)
8    Sec. 5A-101. Definitions. The following definitions are
9applicable strictly in the content of this Article, except that
10the term "sexual harassment in elementary, secondary, and
11higher education" as defined herein has the meaning herein
12ascribed to it whenever that term is used anywhere in this Act.
13    (A) Institution of Elementary, Secondary, or Higher
14Education. "Institution of elementary, secondary, or higher
15education" means: (1) a publicly or privately operated
16university, college, community college, junior college,
17business or vocational school, or other educational
18institution offering degrees and instruction beyond the
19secondary school level; or (2) a publicly or privately operated
20elementary school or secondary school.
21    (B) Degree. "Degree" means: (1) a designation,
22appellation, series of letters or words or other symbols which
23signifies or purports to signify that the recipient thereof has



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1satisfactorily completed an organized academic, business or
2vocational program of study offered beyond the secondary school
3level; or (2) a designation signifying that the recipient has
4graduated from an elementary school or secondary school.
5    (C) Student. "Student" means any individual admitted to or
6applying for admission to an institution of elementary,
7secondary, or higher education, or enrolled on a full or part
8time basis in a course or program of academic, business or
9vocational instruction offered by or through an institution of
10elementary, secondary, or higher education.
11    (D) Elementary, Secondary, or Higher Education
12Representative. "Elementary, secondary, or higher education
13representative" means and includes the president, chancellor
14or other holder of any executive office on the administrative
15staff of an institution of higher education, an administrator
16of an elementary school or secondary school, a member of the
17faculty of an institution of higher education, including but
18not limited to a dean or associate or assistant dean, a
19professor or associate or assistant professor, and a full or
20part time instructor or visiting professor, including a
21graduate assistant or other student who is employed on a
22temporary basis of less than full time as a teacher or
23instructor of any course or program of academic, business or
24vocational instruction offered by or through an institution of
25higher education, and any teacher, instructor, or other
26employee of an elementary school or secondary school.



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1    (E) Sexual Harassment in Elementary, Secondary, and Higher
2Education. "Sexual harassment in elementary, secondary, and
3higher education" means any unwelcome sexual advances or
4requests for sexual favors made by an elementary, secondary, or
5higher education representative to a student, or any conduct of
6a sexual nature exhibited by an elementary, secondary, or
7higher education representative toward a student, when such
8conduct has the purpose of substantially interfering with the
9student's educational performance or creating an intimidating,
10hostile or offensive educational environment; or when the
11elementary, secondary, or higher education representative
12either explicitly or implicitly makes the student's submission
13to such conduct a term or condition of, or uses the student's
14submission to or rejection of such conduct as a basis for
16        (1) Whether the student will be admitted to an
17    institution of elementary, secondary, or higher education;
18        (2) The educational performance required or expected
19    of the student;
20        (3) The attendance or assignment requirements
21    applicable to the student;
22        (4) To what courses, fields of study or programs,
23    including honors and graduate programs, the student will be
24    admitted;
25        (5) What placement or course proficiency requirements
26    are applicable to the student;



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1        (6) The quality of instruction the student will
2    receive;
3        (7) What tuition or fee requirements are applicable to
4    the student;
5        (8) What scholarship opportunities are available to
6    the student;
7        (9) What extracurricular teams the student will be a
8    member of or in what extracurricular competitions the
9    student will participate;
10        (10) Any grade the student will receive in any
11    examination or in any course or program of instruction in
12    which the student is enrolled;
13        (11) The progress of the student toward successful
14    completion of or graduation from any course or program of
15    instruction in which the student is enrolled; or
16        (12) What degree, if any, the student will receive.
17    (F) Anti-Semitism. "Anti-Semitism" means a certain
18perception of the Jewish people, which may be expressed as
19hatred toward Jewish people or rhetorical and physical
20manifestations of anti-Semitism directed toward a person, his
21or her property, or Jewish community institutions or religions
23(Source: P.A. 96-1319, eff. 7-27-10.)
24    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)
25    Sec. 5A-102. Civil Rights Violations-Elementary,



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1Secondary, and Higher Education. It is a civil rights
3    (A) Elementary, Secondary, or Higher Education
4Representative. For any elementary, secondary, or higher
5education representative to commit or engage in sexual
6harassment in elementary, secondary, or higher education.
7    (B) Institution of Elementary, Secondary, or Higher
8Education. For any institution of elementary, secondary, or
9higher education to fail to take remedial action, or to fail to
10take appropriate disciplinary action against an elementary,
11secondary, or higher education representative employed by such
12institution, when such institution knows that such elementary,
13secondary, or higher education representative was committing
14or engaging in or committed or engaged in sexual harassment in
15elementary, secondary, or higher education.
16    (C) Anti-Semitism. For any institution of elementary,
17secondary, or higher education to fail to comply with Section
19(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
20    (775 ILCS 5/5A-103 new)
21    Sec. 5A-103. Discrimination motivated by anti-Semitism. An
22institution of elementary, secondary, or higher education
23shall treat discrimination by students or employees or
24resulting from institutional policies motivated by
25anti-Semitism in an identical manner to discrimination



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1motivated by race. Discrimination motivated by anti-Semitism
3        (1) Calling for, aiding, or justifying the killing or
4    harming of Jews, often in the name of a radical ideology or
5    an extremist view of religion.
6        (2) Making mendacious, dehumanizing, demonizing, or
7    stereotypical allegations about Jews as such or the power
8    of Jews as a collective, including, but not limited to, the
9    myth about a world Jewish conspiracy or of Jews controlling
10    the media, economy, government, or other societal
11    institutions.
12        (3) Accusing Jews as a people of being responsible for
13    real or imagined wrongdoings committed by a single Jewish
14    person or group, the State of Israel, or for acts committed
15    by non-Jews.
16        (4) Accusing Jews as a people or the State of Israel of
17    inventing or exaggerating the Holocaust.
18        (5) Accusing Jewish citizens of being more loyal to the
19    State of Israel, or the alleged priorities of Jews
20    worldwide, than to the interests of their own nation.
21        (6) Anti-Semitism related to the State of Israel,
22    including, but not limited to:
23            (i) Demonizing the State of Israel by using the
24        symbols and images associated with classic
25        anti-Semitism to characterize the State of Israel or
26        Israelis, drawing comparisons of contemporary Israeli



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1        policy to that of Nazis, or blaming the State of Israel
2        for all interreligious or political tensions.
3            (ii) Applying a double standard to the State of
4        Israel by requiring behavior of the State of Israel
5        that is not expected or demanded of any other
6        democratic nation, or focusing peace or human rights
7        investigations only on the State of Israel.
8            (iii) Delegitimizing the State of Israel by
9        denying the Jewish people their right to
10        self-determination and denying the State of Israel the
11        right to exist.
12        However, criticism of the State of Israel that is
13    similar to criticism toward any other country may not be
14    regarded as anti-Semitic.
15    Nothing in this Section shall be construed to diminish or
16infringe upon any right protected under the First Amendment to
17the United States Constitution or Section 4 of Article I of the
18Illinois State Constitution. Nothing in this Section shall be
19construed to conflict with federal or State discrimination