Full Text of SB2461 093rd General Assembly
SB2461 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2461
Introduced 2/3/2004, by Debbie DeFrancesco Halvorson SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/1-103 |
from Ch. 68, par. 1-103 |
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Amends the Illinois Human Rights Act.
In the definition of "sex", provides that:
"because of sex" includes, but is not limited to, because of the perception of pregnancy, pregnancy,
childbirth, or
related medical conditions; and women affected by pregnancy, childbirth, or
related
medical conditions shall be treated the
same for all areas covered by the Act,
including receipt of benefits under fringe benefit programs in employment, as other persons
not so
affected but similar in their ability or inability to work.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2461 |
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LRB093 18375 WGH 44082 b |
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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing
Section 1-103 as follows:
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| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
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| Sec. 1-103. General Definitions. When used in this Act, | 8 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 10 |
| is at least
40 years old, except with regard to any practice | 11 |
| described in Section
2-102, insofar as that practice concerns | 12 |
| training or apprenticeship
programs. In the case of training or | 13 |
| apprenticeship programs, for the
purposes of Section 2-102, | 14 |
| "age" means the chronological age of a person
who is 18 but not | 15 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 17 |
| is alleged
or proved to have been injured by a civil rights | 18 |
| violation or believes he
or she will be injured by a civil | 19 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 21 |
| Department
by an aggrieved party or initiated by the Department | 22 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 24 |
| includes and
shall be limited to only those specific acts set | 25 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 26 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 27 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 29 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 31 |
| by
the Department with the Commission following an | 32 |
| investigation and
finding of substantial evidence of a civil |
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SB2461 |
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LRB093 18375 WGH 44082 b |
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| rights violation.
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| (G) Complainant. "Complainant" means a person including | 3 |
| the
Department who files a charge of civil rights violation | 4 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 6 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 8 |
| mental
characteristic of a person, including, but not limited | 9 |
| to, a determinable
physical characteristic which necessitates | 10 |
| the person's use of a guide,
hearing or support dog, the | 11 |
| history of such characteristic, or the
perception of such | 12 |
| characteristic by the person complained against, which
may | 13 |
| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the | 16 |
| person's ability
to perform the duties of a particular job | 17 |
| or position and, pursuant to
Section 2-104 of this Act, a | 18 |
| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the | 20 |
| person's ability
to acquire, rent or maintain a housing | 21 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 23 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 25 |
| person's ability to
utilize and benefit from a place of | 26 |
| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status | 28 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 30 |
| status on
active duty in the armed forces of the United States.
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| (K) National Origin. "National origin" means the place in | 32 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 34 |
| partnerships,
associations or organizations, labor | 35 |
| organizations, labor unions, joint
apprenticeship committees, | 36 |
| or union labor associations, corporations, the
State of |
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LRB093 18375 WGH 44082 b |
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| Illinois and its instrumentalities, political subdivisions, | 2 |
| units
of local government, legal representatives, trustees in | 3 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 5 |
| contract to which the
State, any of its political subdivisions | 6 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 8 |
| observance
and practice, as well as belief, except that with | 9 |
| respect to employers, for
the purposes of Article 2, "religion" | 10 |
| has the meaning ascribed to it in
paragraph (F) of Section | 11 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| "Because of sex" includes, but is not limited to, because of | 14 |
| the perception of pregnancy, pregnancy,
childbirth, or
related | 15 |
| medical conditions; and women affected by pregnancy, | 16 |
| childbirth, or
related
medical conditions shall be treated the
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| same for all areas covered by this Act,
including receipt of | 18 |
| benefits under fringe benefit programs in employment, as other | 19 |
| persons
not so
affected but similar in their ability or | 20 |
| inability to work.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 22 |
| discharge"
includes discharges from the Armed Forces of the | 23 |
| United States, their
Reserve components or any National Guard | 24 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 25 |
| thereof, but does not include those
characterized as RE-4 or | 26 |
| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" | 28 |
| means discrimination
against a person because of his or her | 29 |
| race, color, religion, national origin,
ancestry, age, sex, | 30 |
| marital status, handicap, military status, or unfavorable
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| discharge from military service as those terms are defined in | 32 |
| this Section.
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| (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
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