Full Text of HB4439 93rd General Assembly
HB4439eng 93RD GENERAL ASSEMBLY
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| AN ACT in relation to 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
Sections 1-102, 1-103, and 3-102 as follows:
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| Sec. 1-102. Declaration of Policy. It is the public policy | 8 |
| of this State:
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| (A) Freedom from Unlawful Discrimination. To secure for all | 10 |
| individuals
within Illinois the freedom from discrimination | 11 |
| against any individual because
of his or her race, color, | 12 |
| religion, sex, national origin, ancestry, age,
marital status, | 13 |
| physical or mental handicap, military status, or unfavorable
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| discharge from military service in connection with employment, | 15 |
| real estate
transactions, access to financial credit, and the | 16 |
| availability of public
accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher | 18 |
| Education.
To prevent sexual harassment in employment and | 19 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 21 |
| Status-Employment.
To prevent discrimination based on | 22 |
| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial Status or | 24 |
| Source of
Income -Real Estate
Transactions. To prevent | 25 |
| discrimination based on familial status or source
of income in | 26 |
| real
estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the | 28 |
| public health,
welfare and safety by protecting the interest of | 29 |
| all people in Illinois
in maintaining personal dignity, in | 30 |
| realizing their full productive
capacities, and in furthering | 31 |
| their interests, rights and privileges as
citizens of this | 32 |
| State.
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| (F) Implementation of Constitutional Guarantees. To secure | 2 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 3 |
| of Article I
of the Illinois Constitution of 1970.
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| (G) Equal Opportunity, Affirmative Action. To establish | 5 |
| Equal
Opportunity and Affirmative Action as the policies of | 6 |
| this State in all
of its decisions, programs and activities, | 7 |
| and to assure that all State
departments, boards, commissions | 8 |
| and instrumentalities rigorously take
affirmative action to | 9 |
| provide equality of opportunity and eliminate the
effects of | 10 |
| past discrimination in the internal affairs of State
government | 11 |
| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State | 13 |
| against
unfounded charges of unlawful discrimination, sexual | 14 |
| harassment in
employment and sexual harassment in higher | 15 |
| education, and discrimination
based on citizenship status in | 16 |
| employment.
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| (Source: P.A. 87-579; 88-178.)
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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, | 20 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 22 |
| is at least
40 years old, except with regard to any practice | 23 |
| described in Section
2-102, insofar as that practice concerns | 24 |
| training or apprenticeship
programs. In the case of training or | 25 |
| apprenticeship programs, for the
purposes of Section 2-102, | 26 |
| "age" means the chronological age of a person
who is 18 but not | 27 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 29 |
| is alleged
or proved to have been injured by a civil rights | 30 |
| violation or believes he
or she will be injured by a civil | 31 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 33 |
| Department
by an aggrieved party or initiated by the Department | 34 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" |
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| includes and
shall be limited to only those specific acts set | 2 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 3 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 4 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 6 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 8 |
| by
the Department with the Commission following an | 9 |
| investigation and
finding of substantial evidence of a civil | 10 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including | 12 |
| the
Department who files a charge of civil rights violation | 13 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 15 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 17 |
| mental
characteristic of a person, including, but not limited | 18 |
| to, a determinable
physical characteristic which necessitates | 19 |
| the person's use of a guide,
hearing or support dog, the | 20 |
| history of such characteristic, or the
perception of such | 21 |
| characteristic by the person complained against, which
may | 22 |
| 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 | 25 |
| person's ability
to perform the duties of a particular job | 26 |
| or position and, pursuant to
Section 2-104 of this Act, a | 27 |
| 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 | 29 |
| person's ability
to acquire, rent or maintain a housing | 30 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 32 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 34 |
| person's ability to
utilize and benefit from a place of | 35 |
| public accommodation.
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| (I-5) Housing authority. "Housing authority" means either |
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| a housing authority created under the Housing Authorities Act | 2 |
| or other government agency that is authorized by the United | 3 |
| States government under the United States Housing Act of 1937 | 4 |
| to administer a housing choice voucher program, or the | 5 |
| authorized agent of such a housing authority that is authorized | 6 |
| to act upon that authority's behalf.
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| (J) Marital Status. "Marital status" means the legal status | 8 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 10 |
| 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 | 12 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 14 |
| partnerships,
associations or organizations, labor | 15 |
| organizations, labor unions, joint
apprenticeship committees, | 16 |
| or union labor associations, corporations, the
State of | 17 |
| Illinois and its instrumentalities, political subdivisions, | 18 |
| units
of local government, legal representatives, trustees in | 19 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 21 |
| contract to which the
State, any of its political subdivisions | 22 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 24 |
| observance
and practice, as well as belief, except that with | 25 |
| respect to employers, for
the purposes of Article 2, "religion" | 26 |
| has the meaning ascribed to it in
paragraph (F) of Section | 27 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-5) Source of Income. "Source of income" means any lawful | 30 |
| income, subsidy, or benefit with which an individual supports | 31 |
| himself or herself and his or her dependents, including, but | 32 |
| not limited to, child support, maintenance,
and any federal, | 33 |
| State, or local public assistance, medical assistance, or | 34 |
| rental assistance program.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 36 |
| discharge"
includes discharges from the Armed Forces of the |
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| United States, their
Reserve components or any National Guard | 2 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 3 |
| thereof, but does not include those
characterized as RE-4 or | 4 |
| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" | 6 |
| means discrimination
against a person because of his or her | 7 |
| race, color, religion, national origin,
ancestry, age, sex, | 8 |
| marital status, handicap, military status, or unfavorable
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| discharge from military service as those terms are defined in | 10 |
| this Section.
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| (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
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| (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
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| Sec. 3-102. Civil Rights Violations; Real Estate | 14 |
| Transactions) It
is a civil rights violation for an owner or | 15 |
| any other person engaging in
a real estate transaction, or for | 16 |
| a real estate broker or salesman,
because of unlawful | 17 |
| discrimination or familial status or source of income ,
to
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| (A) Transaction. Refuse to engage in a real estate | 19 |
| transaction with
a person or to discriminate in making | 20 |
| available such a transaction;
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| (B) Terms. Alter the terms, conditions or privileges of a | 22 |
| real
estate transaction or in the furnishing of facilities or | 23 |
| services in
connection therewith;
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| (C) Offer. Refuse to receive or to fail to transmit a bona | 25 |
| fide
offer to engage in a real estate transaction from a | 26 |
| person;
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| (D) Negotiation. Refuse to negotiate for a real estate | 28 |
| transaction
with a person;
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| (E) Representations. Represent to a person that real | 30 |
| property is
not available for inspection, sale, rental, or | 31 |
| lease when in fact it is
so available, or to fail to bring a | 32 |
| property listing to his or her
attention, or to refuse to | 33 |
| permit him or her to inspect real property;
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| (F) Publication of Intent. Print, circulate, post, mail,
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| publish or cause
to be so published a written or oral |
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| statement, advertisement or sign,
or to use a form
of | 2 |
| application for a real estate transaction, or to make a record | 3 |
| or
inquiry in connection with a prospective real estate | 4 |
| transaction, which
expresses any limitation founded upon, or
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| indicates, directly or indirectly, an intent to engage in | 6 |
| unlawful
discrimination;
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| (G) Listings. Offer, solicit, accept, use or retain a | 8 |
| listing of
real property with knowledge that unlawful | 9 |
| discrimination or
discrimination on the basis of familial | 10 |
| status in a real estate
transaction is intended.
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| Nothing in this Section 3-102 or in any municipal or county | 12 |
| ordinance described in Section 7-108 of this Act shall require | 13 |
| a housing authority, its designated property manager, or any | 14 |
| other housing authority agents or assigns of any housing | 15 |
| development project in which 25% or more of the units are owned | 16 |
| by a housing authority or subject to a leasing agreement, | 17 |
| regulatory and operating agreement, or other similar | 18 |
| instrument with a housing authority to lease or rent another | 19 |
| unit of that same housing development project to an existing or | 20 |
| prospective tenant who is receiving subsidies, payment | 21 |
| assistance, contributions, or vouchers under or in connection | 22 |
| with the federal Housing Choice Voucher (also known as Section | 23 |
| 8) program (42 U.S.C. 1437f) for payment of part or all of the | 24 |
| rent for the unit.
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| Nothing in this Section 3-102, except with respect to | 26 |
| written statements prohibited by subdivision (F) of this | 27 |
| Section, shall require or prevent any person whose property is | 28 |
| located in a municipality with fewer than 1,000,000 | 29 |
| inhabitants, and is in a concentrated census tract where 3% of | 30 |
| the total housing stock in that census tract is occupied by | 31 |
| tenants relying on subsidies, payment assistance, | 32 |
| contributions, or vouchers under or in connection with the | 33 |
| federal Housing Choice Voucher (also known as Section 8) | 34 |
| program (42 U.S.C. 1437f) for payment of part of the rent for | 35 |
| the unit to lease or rent a unit to a prospective tenant who is | 36 |
| relying on such a subsidy, payment assistance, contribution, or |
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| voucher for payment of part or all of the rent for the unit.
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| The housing authority shall determine which census tracts | 3 |
| within its service area meet the concentrated census tract | 4 |
| exemption requirements and annually deliver that information | 5 |
| to the municipalities within its jurisdiction.
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| Nothing in this Section 3-102 prevents an owner or agent | 7 |
| from taking into consideration factors other than lawful source | 8 |
| of income such as credit history, criminal history, or | 9 |
| references.
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| (Source: P.A. 86-910.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law. |
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