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90_HB3563
775 ILCS 5/Art. 1 heading
775 ILCS 5/1-101.1 new
775 ILCS 5/1-102 from Ch. 68, par. 1-102
775 ILCS 5/1-103 from Ch. 68, par. 1-103
775 ILCS 5/3-103 from Ch. 68, par. 3-103
Amends the Human Rights Act. Provides that nothing in
the Act shall be construed as requiring any employer,
employment agency, or labor organization to give preferential
treatment or other affirmative action based on sexual
orientation. Provides that discrimination against a person
because of his or her sexual orientation constitutes unlawful
discrimination under the Act. Provides that it is a civil
rights violation to engage in blockbusting in real estate
because of the present or prospective entry of persons with a
particular sexual orientation into the vicinity. Defines
"sexual orientation".
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1 AN ACT to amend the Illinois Human Rights Act by changing
2 Sections 1-102, 1-103, and 3-103 and the heading of Article 1
3 and adding Section 1-101.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Human Rights Act is amended by
7 changing Sections 1-102, 1-103, and 3-103 and the heading of
8 Article 1 and adding Section 1-101.1 as follows:
9 (775 ILCS 5/Art. 1 heading)
10 ARTICLE 1. GENERAL PROVISIONS TITLE, POLICY AND DEFINITIONS
11 (775 ILCS 5/1-101.1 new)
12 Sec. 1-101.1. Construction. Nothing in this Act shall
13 be construed as requiring any employer, employment agency, or
14 labor organization to give preferential treatment or other
15 affirmative action based on sexual orientation.
16 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
17 Sec. 1-102. Declaration of Policy. It is the public
18 policy of this State:
19 (A) Freedom from Unlawful Discrimination. To secure for
20 all individuals within Illinois the freedom from
21 discrimination against any individual because of his or her
22 race, color, religion, sex, national origin, ancestry, age,
23 marital status, physical or mental handicap, military status,
24 sexual orientation, or unfavorable discharge from military
25 service in connection with employment, real estate
26 transactions, access to financial credit, and the
27 availability of public accommodations.
28 (B) Freedom from Sexual Harassment-Employment and Higher
29 Education. To prevent sexual harassment in employment and
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1 sexual harassment in higher education.
2 (C) Freedom from Discrimination Based on Citizenship
3 Status-Employment. To prevent discrimination based on
4 citizenship status in employment.
5 (D) Freedom from Discrimination Based on Familial
6 Status-Real Estate Transactions. To prevent discrimination
7 based on familial status in real estate transactions.
8 (E) Public Health, Welfare and Safety. To promote the
9 public health, welfare and safety by protecting the interest
10 of all people in Illinois in maintaining personal dignity, in
11 realizing their full productive capacities, and in furthering
12 their interests, rights and privileges as citizens of this
13 State.
14 (F) Implementation of Constitutional Guarantees. To
15 secure and guarantee the rights established by Sections 17,
16 18 and 19 of Article I of the Illinois Constitution of 1970.
17 (G) Equal Opportunity, Affirmative Action. To establish
18 Equal Opportunity and Affirmative Action as the policies of
19 this State in all of its decisions, programs and activities,
20 and to assure that all State departments, boards, commissions
21 and instrumentalities rigorously take affirmative action to
22 provide equality of opportunity and eliminate the effects of
23 past discrimination in the internal affairs of State
24 government and in their relations with the public.
25 (H) Unfounded Charges. To protect citizens of this State
26 against unfounded charges of unlawful discrimination, sexual
27 harassment in employment and sexual harassment in higher
28 education, and discrimination based on citizenship status in
29 employment.
30 (Source: P.A. 87-579; 88-178.)
31 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
32 Sec. 1-103. General Definitions. When used in this Act,
33 unless the context requires otherwise, the term:
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1 (A) Age. "Age" means the chronological age of a person
2 who is at least 40 years old, except with regard to any
3 practice described in Section 2-102, insofar as that practice
4 concerns training or apprenticeship programs. In the case of
5 training or apprenticeship programs, for the purposes of
6 Section 2-102, "age" means the chronological age of a person
7 who is 18 but not yet 40 years old.
8 (B) Aggrieved Party. "Aggrieved party" means a person
9 who is alleged or proved to have been injured by a civil
10 rights violation or believes he or she will be injured by a
11 civil rights violation under Article 3 that is about to
12 occur.
13 (C) Charge. "Charge" means an allegation filed with the
14 Department by an aggrieved party or initiated by the
15 Department under its authority.
16 (D) Civil Rights Violation. "Civil rights violation"
17 includes and shall be limited to only those specific acts set
18 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
19 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
20 Act.
21 (E) Commission. "Commission" means the Human Rights
22 Commission created by this Act.
23 (F) Complaint. "Complaint" means the formal pleading
24 filed by the Department with the Commission following an
25 investigation and finding of substantial evidence of a civil
26 rights violation.
27 (G) Complainant. "Complainant" means a person including
28 the Department who files a charge of civil rights violation
29 with the Department or the Commission.
30 (H) Department. "Department" means the Department of
31 Human Rights created by this Act.
32 (I) Handicap. "Handicap" means a determinable physical
33 or mental characteristic of a person, including, but not
34 limited to, a determinable physical characteristic which
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1 necessitates the person's use of a guide, hearing or support
2 dog, the history of such characteristic, or the perception of
3 such characteristic by the person complained against, which
4 may result from disease, injury, congenital condition of
5 birth or functional disorder and which characteristic:
6 (1) For purposes of Article 2 is unrelated to the
7 person's ability to perform the duties of a particular
8 job or position and, pursuant to Section 2-104 of this
9 Act, a person's illegal use of drugs or alcohol is not a
10 handicap;
11 (2) For purposes of Article 3, is unrelated to the
12 person's ability to acquire, rent or maintain a housing
13 accommodation;
14 (3) For purposes of Article 4, is unrelated to a
15 person's ability to repay;
16 (4) For purposes of Article 5, is unrelated to a
17 person's ability to utilize and benefit from a place of
18 public accommodation.
19 (J) Marital Status. "Marital status" means the legal
20 status of being married, single, separated, divorced or
21 widowed.
22 (J-1) Military Status. "Military status" means a
23 person's status on active duty in the armed forces of the
24 United States.
25 (K) National Origin. "National origin" means the place
26 in which a person or one of his or her ancestors was born.
27 (L) Person. "Person" includes one or more individuals,
28 partnerships, associations or organizations, labor
29 organizations, labor unions, joint apprenticeship committees,
30 or union labor associations, corporations, the State of
31 Illinois and its instrumentalities, political subdivisions,
32 units of local government, legal representatives, trustees in
33 bankruptcy or receivers.
34 (M) Public Contract. "Public contract" includes every
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1 contract to which the State, any of its political
2 subdivisions or any municipal corporation is a party.
3 (N) Religion. "Religion" includes all aspects of
4 religious observance and practice, as well as belief, except
5 that with respect to employers, for the purposes of Article
6 2, "religion" has the meaning ascribed to it in paragraph (F)
7 of Section 2-101.
8 (O) Sex. "Sex" means the status of being male or female.
9 (O-1) Sexual orientation. "Sexual orientation" means
10 having or being perceived as having a sexual attachment to
11 another person without regard to the sex of that person or
12 having or being perceived as having an orientation for such
13 attachment, or having or being perceived as having a
14 self-image or identity not traditionally associated with
15 one's biological maleness or femaleness. This Act is not
16 intended to cover a person whose sexual orientation includes
17 a physical or sexual attachment to a minor.
18 (P) Unfavorable Military Discharge. "Unfavorable
19 military discharge" includes discharges from the Armed Forces
20 of the United States, their Reserve components or any
21 National Guard or Naval Militia which are classified as RE-3
22 or the equivalent thereof, but does not include those
23 characterized as RE-4 or "Dishonorable".
24 (Q) Unlawful Discrimination. "Unlawful discrimination"
25 means discrimination against a person because of his or her
26 race, color, religion, national origin, ancestry, age, sex,
27 marital status, handicap, military status, sexual
28 orientation, or unfavorable discharge from military service
29 as those terms are defined in this Section.
30 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
31 (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
32 Sec. 3-103. Blockbusting.) It is a civil rights
33 violation for any person to:
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1 (A) Solicitation. Solicit for sale, lease, listing or
2 purchase any residential real estate within this State, on
3 the grounds of loss of value due to the present or
4 prospective entry into the vicinity of the property involved
5 of any person or persons of any particular race, color,
6 religion, national origin, ancestry, age, sex, sexual
7 orientation, marital status, familial status or handicap.
8 (B) Statements. Distribute or cause to be distributed,
9 written material or statements designed to induce any owner
10 of residential real estate in this State to sell or lease his
11 or her property because of any present or prospective changes
12 in the race, color, religion, national origin, ancestry, age,
13 sex, sexual orientation, marital status, familial status or
14 handicap of residents in the vicinity of the property
15 involved.
16 (C) Creating Alarm. Intentionally create alarm, among
17 residents of any community, by transmitting communications in
18 any manner, including a telephone call whether or not
19 conversation thereby ensues, with a design to induce any
20 owner of residential real estate in this state to sell or
21 lease his or her property because of any present or
22 prospective entry into the vicinity of the property involved
23 of any person or persons of any particular race, color,
24 religion, national origin, ancestry, age, sex, sexual
25 orientation, marital status, familial status or handicap.
26 (Source: P.A. 86-910.)