HB4867ham002 103RD GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 3/26/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4867

2    AMENDMENT NO. ______. Amend House Bill 4867, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Human Rights Act is amended by
6changing Sections 1-102 and 1-103 as follows:
 
7    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
8    (Text of Section before amendment by P.A. 103-472)
9    Sec. 1-102. Declaration of policy. It is the public
10policy of this State:
11    (A) Freedom from Unlawful Discrimination. To secure for
12all individuals within Illinois the freedom from
13discrimination against any individual because of his or her
14race, color, religion, sex, national origin, ancestry, age,
15order of protection status, marital status, physical or mental
16disability, military status, sexual orientation, pregnancy, or

 

 

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1unfavorable discharge from military service in connection with
2employment, real estate transactions, access to financial
3credit, and the availability of public accommodations.
4    (B) Freedom from Sexual Harassment-Employment and
5Elementary, Secondary, and Higher Education. To prevent sexual
6harassment in employment and sexual harassment in elementary,
7secondary, and higher education.
8    (C) Freedom from Discrimination Based on Citizenship
9Status-Employment. To prevent discrimination based on
10citizenship status in employment.
11    (C-5) Freedom from Discrimination Based on Work
12Authorization Status-Employment. To prevent discrimination
13based on the specific status or term of status that
14accompanies a legal work authorization.
15    (D) Freedom from Discrimination Based on Familial Status
16or Source of Income-Real Estate Transactions. To prevent
17discrimination based on familial status or source of income in
18real estate transactions.
19    (E) Public Health, Welfare and Safety. To promote the
20public health, welfare and safety by protecting the interest
21of all people in Illinois in maintaining personal dignity, in
22realizing their full productive capacities, and in furthering
23their interests, rights and privileges as citizens of this
24State.
25    (F) Implementation of Constitutional Guarantees. To secure
26and guarantee the rights established by Sections 17, 18 and 19

 

 

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1of Article I of the Illinois Constitution of 1970.
2    (G) Equal Opportunity, Affirmative Action. To establish
3Equal Opportunity and Affirmative Action as the policies of
4this State in all of its decisions, programs and activities,
5and to assure that all State departments, boards, commissions
6and instrumentalities rigorously take affirmative action to
7provide equality of opportunity and eliminate the effects of
8past discrimination in the internal affairs of State
9government and in their relations with the public.
10    (H) Unfounded Charges. To protect citizens of this State
11against unfounded charges of unlawful discrimination, sexual
12harassment in employment and sexual harassment in elementary,
13secondary, and higher education, and discrimination based on
14citizenship status or work authorization status in employment.
15(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
16    (Text of Section after amendment by P.A. 103-472)
17    Sec. 1-102. Declaration of policy. It is the public
18policy of this State:
19    (A) Freedom from Unlawful Discrimination. To secure for
20all individuals within Illinois the freedom from
21discrimination based on race, color, religion, sex, national
22origin, ancestry, age, order of protection status, marital
23status, physical or mental disability, military status, sexual
24orientation, pregnancy, reproductive health decisions, or
25unfavorable discharge from military service in connection with

 

 

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1employment, real estate transactions, access to financial
2credit, and the availability of public accommodations,
3including in elementary, secondary, and higher education.
4    (B) Freedom from Sexual Harassment-Employment and
5Elementary, Secondary, and Higher Education. To prevent sexual
6harassment in employment and sexual harassment in elementary,
7secondary, and higher education.
8    (C) Freedom from Discrimination Based on Citizenship
9Status-Employment. To prevent discrimination based on
10citizenship status in employment.
11    (C-5) Freedom from Discrimination Based on Work
12Authorization Status-Employment. To prevent discrimination
13based on the specific status or term of status that
14accompanies a legal work authorization.
15    (D) Freedom from Discrimination Based on Familial Status
16or Source of Income-Real Estate Transactions. To prevent
17discrimination based on familial status or source of income in
18real estate transactions.
19    (E) Public Health, Welfare and Safety. To promote the
20public health, welfare and safety by protecting the interest
21of all people in Illinois in maintaining personal dignity, in
22realizing their full productive capacities, and in furthering
23their interests, rights and privileges as citizens of this
24State.
25    (F) Implementation of Constitutional Guarantees. To secure
26and guarantee the rights established by Sections 17, 18 and 19

 

 

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1of Article I of the Illinois Constitution of 1970.
2    (G) Equal Opportunity, Affirmative Action. To establish
3Equal Opportunity and Affirmative Action as the policies of
4this State in all of its decisions, programs and activities,
5and to assure that all State departments, boards, commissions
6and instrumentalities rigorously take affirmative action to
7provide equality of opportunity and eliminate the effects of
8past discrimination in the internal affairs of State
9government and in their relations with the public.
10    (H) Unfounded Charges. To protect citizens of this State
11against unfounded charges of prohibited discrimination in
12employment, real estate transactions, financial credit, and
13public accommodations, including in elementary, secondary, and
14higher education.
15(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23;
16103-472, eff. 8-1-24.)
 
17    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
18    Sec. 1-103. General definitions. When used in this Act,
19unless the context requires otherwise, the term:
20    (A) Age. "Age" means the chronological age of a person who
21is at least 40 years old, except with regard to any practice
22described in Section 2-102, insofar as that practice concerns
23training or apprenticeship programs. In the case of training
24or apprenticeship programs, for the purposes of Section 2-102,
25"age" means the chronological age of a person who is 18 but not

 

 

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1yet 40 years old.
2    (B) Aggrieved party. "Aggrieved party" means a person who
3is alleged or proved to have been injured by a civil rights
4violation or believes he or she will be injured by a civil
5rights violation under Article 3 that is about to occur.
6    (B-5) Arrest record. "Arrest record" means:
7        (1) an arrest not leading to a conviction;
8        (2) a juvenile record; or
9        (3) criminal history record information ordered
10    expunged, sealed, or impounded under Section 5.2 of the
11    Criminal Identification Act.
12    (C) Charge. "Charge" means an allegation filed with the
13Department by an aggrieved party or initiated by the
14Department under its authority.
15    (D) Civil rights violation. "Civil rights violation"
16includes and shall be limited to only those specific acts set
17forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
183-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
195A-102, 6-101, 6-101.5, and 6-102 of this Act.
20    (E) Commission. "Commission" means the Human Rights
21Commission created by this Act.
22    (F) Complaint. "Complaint" means the formal pleading filed
23by the Department with the Commission following an
24investigation and finding of substantial evidence of a civil
25rights violation.
26    (G) Complainant. "Complainant" means a person including

 

 

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1the Department who files a charge of civil rights violation
2with the Department or the Commission.
3    (G-5) Conviction record. "Conviction record" means
4information indicating that a person has been convicted of a
5felony, misdemeanor or other criminal offense, placed on
6probation, fined, imprisoned, or paroled pursuant to any law
7enforcement or military authority.
8    (H) Department. "Department" means the Department of Human
9Rights created by this Act.
10    (I) Disability.
11    (1) "Disability" means a determinable physical or mental
12characteristic of a person, including, but not limited to, a
13determinable physical characteristic which necessitates the
14person's use of a guide, hearing or support dog, the history of
15such characteristic, or the perception of such characteristic
16by the person complained against, which may result from
17disease, injury, congenital condition of birth or functional
18disorder and which characteristic:
19        (a) For purposes of Article 2, is unrelated to the
20    person's ability to perform the duties of a particular job
21    or position and, pursuant to Section 2-104 of this Act, a
22    person's illegal use of drugs or alcohol is not a
23    disability;
24        (b) For purposes of Article 3, is unrelated to the
25    person's ability to acquire, rent, or maintain a housing
26    accommodation;

 

 

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1        (c) For purposes of Article 4, is unrelated to a
2    person's ability to repay;
3        (d) For purposes of Article 5, is unrelated to a
4    person's ability to utilize and benefit from a place of
5    public accommodation;
6        (e) For purposes of Article 5, also includes any
7    mental, psychological, or developmental disability,
8    including autism spectrum disorders.
9    (2) Discrimination based on disability includes unlawful
10discrimination against an individual because of the
11individual's association with a person with a disability.
12    (J) Marital status. "Marital status" means the legal
13status of being married, single, separated, divorced, or
14widowed.
15    (J-1) Military status. "Military status" means a person's
16status on active duty in or status as a veteran of the armed
17forces of the United States, status as a current member or
18veteran of any reserve component of the armed forces of the
19United States, including the United States Army Reserve,
20United States Marine Corps Reserve, United States Navy
21Reserve, United States Air Force Reserve, and United States
22Coast Guard Reserve, or status as a current member or veteran
23of the Illinois Army National Guard or Illinois Air National
24Guard.
25    (K) National origin. "National origin" means the place in
26which a person or one of his or her ancestors was born.

 

 

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1    (K-5) "Order of protection status" means a person's status
2as being a person protected under an order of protection
3issued pursuant to the Illinois Domestic Violence Act of 1986,
4Article 112A of the Code of Criminal Procedure of 1963, the
5Stalking No Contact Order Act, or the Civil No Contact Order
6Act, or an order of protection issued by a court of another
7state.
8    (L) Person. "Person" includes one or more individuals,
9partnerships, associations or organizations, labor
10organizations, labor unions, joint apprenticeship committees,
11or union labor associations, corporations, the State of
12Illinois and its instrumentalities, political subdivisions,
13units of local government, legal representatives, trustees in
14bankruptcy or receivers.
15    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
16or medical or common conditions related to pregnancy or
17childbirth.
18    (M) Public contract. "Public contract" includes every
19contract to which the State, any of its political
20subdivisions, or any municipal corporation is a party.
21    (M-5) Race. "Race" includes traits associated with race,
22including, but not limited to, hair texture and protective
23hairstyles such as braids, locks, and twists.
24    (N) Religion. "Religion" includes all aspects of religious
25observance and practice, as well as belief, except that with
26respect to employers, for the purposes of Article 2,

 

 

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1"religion" has the meaning ascribed to it in paragraph (F) of
2Section 2-101.
3    (O) Sex. "Sex" means the status of being male or female.
4    (O-1) Sexual orientation. "Sexual orientation" means
5actual or perceived heterosexuality, homosexuality,
6bisexuality, or gender-related identity, whether or not
7traditionally associated with the person's designated sex at
8birth. "Sexual orientation" does not include a physical or
9sexual attraction to a minor by an adult.
10    (O-2) Reproductive Health Decisions. "Reproductive Health
11Decisions" means a person's decisions regarding the person's
12use of: contraception; fertility or sterilization care;
13assisted reproductive technologies; miscarriage management
14care; healthcare related to the continuation or termination of
15pregnancy; or prenatal, intranatal, or postnatal care.
16    (O-5) Source of income. "Source of income" means the
17lawful manner by which an individual supports himself or
18herself and his or her dependents.
19    (P) Unfavorable military discharge. "Unfavorable military
20discharge" includes discharges from the Armed Forces of the
21United States, their Reserve components, or any National Guard
22or Naval Militia which are classified as RE-3 or the
23equivalent thereof, but does not include those characterized
24as RE-4 or "Dishonorable".
25    (Q) Unlawful discrimination. "Unlawful discrimination"
26means discrimination against a person because of his or her

 

 

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1actual or perceived: race, color, religion, national origin,
2ancestry, age, sex, marital status, order of protection
3status, disability, military status, sexual orientation,
4pregnancy, reproductive health decisions, or unfavorable
5discharge from military service as those terms are defined in
6this Section.
7(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
8102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
91-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.".