Illinois General Assembly - Full Text of HB4867
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Full Text of HB4867  103rd General Assembly

HB4867 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4867

 

Introduced 2/7/2024, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-102  from Ch. 68, par. 1-102
775 ILCS 5/1-103  from Ch. 68, par. 1-103

    Amends the Illinois Human Rights Act. Adds to the definition of unlawful discrimination to include discrimination of reproductive health decisions. Reproductive health decisions mean any decision by a person affecting the use or intended use of health care, goods, or services related to reproductive processes, functions, and systems, including, but not limited to, family planning, pregnancy testing, and contraception; fertility or sterilization care; miscarriage; continuation or termination of pregnancy; prenatal, intranatal, and postnatal care. Provides that discrimination based on reproductive health decisions includes unlawful discrimination against a person because of the person's association with another person's reproductive health decisions.


LRB103 37426 JRC 67548 b

 

 

A BILL FOR

 

HB4867LRB103 37426 JRC 67548 b

1    AN ACT concerning civil law.
 
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 1-102 and 1-103 as follows:
 
6    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 1-102. Declaration of policy. It is the public
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy,
16reproductive health decisions, or unfavorable discharge from
17military service in connection with employment, real estate
18transactions, access to financial credit, and the availability
19of public accommodations.
20    (B) Freedom from Sexual Harassment-Employment and
21Elementary, Secondary, and Higher Education. To prevent sexual
22harassment in employment and sexual harassment in elementary,
23secondary, and higher education.

 

 

HB4867- 2 -LRB103 37426 JRC 67548 b

1    (C) Freedom from Discrimination Based on Citizenship
2Status-Employment. To prevent discrimination based on
3citizenship status in employment.
4    (C-5) Freedom from Discrimination Based on Work
5Authorization Status-Employment. To prevent discrimination
6based on the specific status or term of status that
7accompanies a legal work authorization.
8    (D) Freedom from Discrimination Based on Familial Status
9or Source of Income-Real Estate Transactions. To prevent
10discrimination based on familial status or source of income in
11real estate transactions.
12    (E) Public Health, Welfare and Safety. To promote the
13public health, welfare and safety by protecting the interest
14of all people in Illinois in maintaining personal dignity, in
15realizing their full productive capacities, and in furthering
16their interests, rights and privileges as citizens of this
17State.
18    (F) Implementation of Constitutional Guarantees. To secure
19and guarantee the rights established by Sections 17, 18 and 19
20of Article I of the Illinois Constitution of 1970.
21    (G) Equal Opportunity, Affirmative Action. To establish
22Equal Opportunity and Affirmative Action as the policies of
23this State in all of its decisions, programs and activities,
24and to assure that all State departments, boards, commissions
25and instrumentalities rigorously take affirmative action to
26provide equality of opportunity and eliminate the effects of

 

 

HB4867- 3 -LRB103 37426 JRC 67548 b

1past discrimination in the internal affairs of State
2government and in their relations with the public.
3    (H) Unfounded Charges. To protect citizens of this State
4against unfounded charges of unlawful discrimination, sexual
5harassment in employment and sexual harassment in elementary,
6secondary, and higher education, and discrimination based on
7citizenship status or work authorization status in employment.
8(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
9    (Text of Section after amendment by P.A. 103-472)
10    Sec. 1-102. Declaration of policy. It is the public
11policy of this State:
12    (A) Freedom from Unlawful Discrimination. To secure for
13all individuals within Illinois the freedom from
14discrimination based on race, color, religion, sex, national
15origin, ancestry, age, order of protection status, marital
16status, physical or mental disability, military status, sexual
17orientation, pregnancy, reproductive health decisions, or
18unfavorable discharge from military service in connection with
19employment, real estate transactions, access to financial
20credit, and the availability of public accommodations,
21including in elementary, secondary, and higher education.
22    (B) Freedom from Sexual Harassment-Employment and
23Elementary, Secondary, and Higher Education. To prevent sexual
24harassment in employment and sexual harassment in elementary,
25secondary, and higher education.

 

 

HB4867- 4 -LRB103 37426 JRC 67548 b

1    (C) Freedom from Discrimination Based on Citizenship
2Status-Employment. To prevent discrimination based on
3citizenship status in employment.
4    (C-5) Freedom from Discrimination Based on Work
5Authorization Status-Employment. To prevent discrimination
6based on the specific status or term of status that
7accompanies a legal work authorization.
8    (D) Freedom from Discrimination Based on Familial Status
9or Source of Income-Real Estate Transactions. To prevent
10discrimination based on familial status or source of income in
11real estate transactions.
12    (E) Public Health, Welfare and Safety. To promote the
13public health, welfare and safety by protecting the interest
14of all people in Illinois in maintaining personal dignity, in
15realizing their full productive capacities, and in furthering
16their interests, rights and privileges as citizens of this
17State.
18    (F) Implementation of Constitutional Guarantees. To secure
19and guarantee the rights established by Sections 17, 18 and 19
20of Article I of the Illinois Constitution of 1970.
21    (G) Equal Opportunity, Affirmative Action. To establish
22Equal Opportunity and Affirmative Action as the policies of
23this State in all of its decisions, programs and activities,
24and to assure that all State departments, boards, commissions
25and instrumentalities rigorously take affirmative action to
26provide equality of opportunity and eliminate the effects of

 

 

HB4867- 5 -LRB103 37426 JRC 67548 b

1past discrimination in the internal affairs of State
2government and in their relations with the public.
3    (H) Unfounded Charges. To protect citizens of this State
4against unfounded charges of prohibited discrimination in
5employment, real estate transactions, financial credit, and
6public accommodations, including in elementary, secondary, and
7higher education.
8(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23;
9103-472, eff. 8-1-24.)
 
10    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
11    Sec. 1-103. General definitions. When used in this Act,
12unless the context requires otherwise, the term:
13    (A) Age. "Age" means the chronological age of a person who
14is at least 40 years old, except with regard to any practice
15described in Section 2-102, insofar as that practice concerns
16training or apprenticeship programs. In the case of training
17or apprenticeship programs, for the purposes of Section 2-102,
18"age" means the chronological age of a person who is 18 but not
19yet 40 years old.
20    (B) Aggrieved party. "Aggrieved party" means a person who
21is alleged or proved to have been injured by a civil rights
22violation or believes he or she will be injured by a civil
23rights violation under Article 3 that is about to occur.
24    (B-5) Arrest record. "Arrest record" means:
25        (1) an arrest not leading to a conviction;

 

 

HB4867- 6 -LRB103 37426 JRC 67548 b

1        (2) a juvenile record; or
2        (3) criminal history record information ordered
3    expunged, sealed, or impounded under Section 5.2 of the
4    Criminal Identification Act.
5    (C) Charge. "Charge" means an allegation filed with the
6Department by an aggrieved party or initiated by the
7Department under its authority.
8    (D) Civil rights violation. "Civil rights violation"
9includes and shall be limited to only those specific acts set
10forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
113-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
125A-102, 6-101, 6-101.5, and 6-102 of this Act.
13    (E) Commission. "Commission" means the Human Rights
14Commission created by this Act.
15    (F) Complaint. "Complaint" means the formal pleading filed
16by the Department with the Commission following an
17investigation and finding of substantial evidence of a civil
18rights violation.
19    (G) Complainant. "Complainant" means a person including
20the Department who files a charge of civil rights violation
21with the Department or the Commission.
22    (G-5) Conviction record. "Conviction record" means
23information indicating that a person has been convicted of a
24felony, misdemeanor or other criminal offense, placed on
25probation, fined, imprisoned, or paroled pursuant to any law
26enforcement or military authority.

 

 

HB4867- 7 -LRB103 37426 JRC 67548 b

1    (H) Department. "Department" means the Department of Human
2Rights created by this Act.
3    (I) Disability.
4    (1) "Disability" means a determinable physical or mental
5characteristic of a person, including, but not limited to, a
6determinable physical characteristic which necessitates the
7person's use of a guide, hearing or support dog, the history of
8such characteristic, or the perception of such characteristic
9by the person complained against, which may result from
10disease, injury, congenital condition of birth or functional
11disorder and which characteristic:
12        (a) For purposes of Article 2, is unrelated to the
13    person's ability to perform the duties of a particular job
14    or position and, pursuant to Section 2-104 of this Act, a
15    person's illegal use of drugs or alcohol is not a
16    disability;
17        (b) For purposes of Article 3, is unrelated to the
18    person's ability to acquire, rent, or maintain a housing
19    accommodation;
20        (c) For purposes of Article 4, is unrelated to a
21    person's ability to repay;
22        (d) For purposes of Article 5, is unrelated to a
23    person's ability to utilize and benefit from a place of
24    public accommodation;
25        (e) For purposes of Article 5, also includes any
26    mental, psychological, or developmental disability,

 

 

HB4867- 8 -LRB103 37426 JRC 67548 b

1    including autism spectrum disorders.
2    (2) Discrimination based on disability includes unlawful
3discrimination against an individual because of the
4individual's association with a person with a disability.
5    (J) Marital status. "Marital status" means the legal
6status of being married, single, separated, divorced, or
7widowed.
8    (J-1) Military status. "Military status" means a person's
9status on active duty in or status as a veteran of the armed
10forces of the United States, status as a current member or
11veteran of any reserve component of the armed forces of the
12United States, including the United States Army Reserve,
13United States Marine Corps Reserve, United States Navy
14Reserve, United States Air Force Reserve, and United States
15Coast Guard Reserve, or status as a current member or veteran
16of the Illinois Army National Guard or Illinois Air National
17Guard.
18    (K) National origin. "National origin" means the place in
19which a person or one of his or her ancestors was born.
20    (K-5) "Order of protection status" means a person's status
21as being a person protected under an order of protection
22issued pursuant to the Illinois Domestic Violence Act of 1986,
23Article 112A of the Code of Criminal Procedure of 1963, the
24Stalking No Contact Order Act, or the Civil No Contact Order
25Act, or an order of protection issued by a court of another
26state.

 

 

HB4867- 9 -LRB103 37426 JRC 67548 b

1    (L) Person. "Person" includes one or more individuals,
2partnerships, associations or organizations, labor
3organizations, labor unions, joint apprenticeship committees,
4or union labor associations, corporations, the State of
5Illinois and its instrumentalities, political subdivisions,
6units of local government, legal representatives, trustees in
7bankruptcy or receivers.
8    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
9or medical or common conditions related to pregnancy or
10childbirth.
11    (M) Public contract. "Public contract" includes every
12contract to which the State, any of its political
13subdivisions, or any municipal corporation is a party.
14    (M-5) Race. "Race" includes traits associated with race,
15including, but not limited to, hair texture and protective
16hairstyles such as braids, locks, and twists.
17    (N) Religion. "Religion" includes all aspects of religious
18observance and practice, as well as belief, except that with
19respect to employers, for the purposes of Article 2,
20"religion" has the meaning ascribed to it in paragraph (F) of
21Section 2-101.
22    (N-5) Reproductive health decisions. "Reproductive health
23decisions" means any decision by a person affecting the use or
24intended use of health care, goods, or services related to
25reproductive processes, functions, and systems, including, but
26not limited to, family planning, pregnancy testing, and

 

 

HB4867- 10 -LRB103 37426 JRC 67548 b

1contraception; fertility or sterilization care; miscarriage;
2continuation or termination of pregnancy; prenatal,
3intranatal, and postnatal care. Discrimination based on
4reproductive health decisions includes unlawful discrimination
5against a person because of the person's association with
6another person's reproductive health decisions.
7    (O) Sex. "Sex" means the status of being male or female.
8    (O-1) Sexual orientation. "Sexual orientation" means
9actual or perceived heterosexuality, homosexuality,
10bisexuality, or gender-related identity, whether or not
11traditionally associated with the person's designated sex at
12birth. "Sexual orientation" does not include a physical or
13sexual attraction to a minor by an adult.
14    (O-5) Source of income. "Source of income" means the
15lawful manner by which an individual supports himself or
16herself and his or her dependents.
17    (P) Unfavorable military discharge. "Unfavorable military
18discharge" includes discharges from the Armed Forces of the
19United States, their Reserve components, or any National Guard
20or Naval Militia which are classified as RE-3 or the
21equivalent thereof, but does not include those characterized
22as RE-4 or "Dishonorable".
23    (Q) Unlawful discrimination. "Unlawful discrimination"
24means discrimination against a person because of his or her
25actual or perceived: race, color, religion, national origin,
26ancestry, age, sex, marital status, order of protection

 

 

HB4867- 11 -LRB103 37426 JRC 67548 b

1status, disability, military status, sexual orientation,
2pregnancy, reproductive health decisions, or unfavorable
3discharge from military service as those terms are defined in
4this Section.
5(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
6102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
71-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.