State of Illinois
92nd General Assembly

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HB0101 Engrossed                               LRB9200902WHcs

 1        AN ACT to amend the Illinois Human Rights Act by changing
 2    Sections  1-102,  1-103,  3-103, and 3-106 and the heading of
 3    Article 1 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,  3-103,  and  3-106  and  the
 8    heading of Article 1 and adding Section 1-101.1 as follows:

 9        (775 ILCS 5/Art. 1 heading)

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  special
15    rights   based   on   sexual   orientation  or  to  implement
16    affirmative action  policies  or  programs  based  on  sexual
17    orientation.

18        (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
19        Sec.  1-102.  Declaration  of  Policy.  It  is the public
20    policy of this State:
21        (A)  Freedom from Unlawful Discrimination. To secure  for
22    all    individuals   within   Illinois   the   freedom   from
23    discrimination against any individual because of his  or  her
24    race,  color,  religion, sex, national origin, ancestry, age,
25    marital status, physical or mental handicap, military status,
26    sexual orientation, or unfavorable  discharge  from  military
27    service   in   connection   with   employment,   real  estate
28    transactions,   access   to   financial   credit,   and   the
29    availability of public accommodations.
HB0101 Engrossed            -2-                LRB9200902WHcs
 1        (B)  Freedom from Sexual Harassment-Employment and Higher
 2    Education. To prevent sexual  harassment  in  employment  and
 3    sexual harassment in higher education.
 4        (C)  Freedom  from  Discrimination  Based  on Citizenship
 5    Status-Employment.  To  prevent   discrimination   based   on
 6    citizenship status in employment.
 7        (D)  Freedom   from   Discrimination  Based  on  Familial
 8    Status-Real Estate Transactions.  To  prevent  discrimination
 9    based on familial status in real estate transactions.
10        (E)  Public  Health,  Welfare  and Safety. To promote the
11    public health, welfare and safety by protecting the  interest
12    of all people in Illinois in maintaining personal dignity, in
13    realizing their full productive capacities, and in furthering
14    their  interests,  rights  and privileges as citizens of this
15    State.
16        (F)  Implementation  of  Constitutional  Guarantees.   To
17    secure  and  guarantee the rights established by Sections 17,
18    18 and 19 of Article I of the Illinois Constitution of 1970.
19        (G)  Equal Opportunity, Affirmative Action. To  establish
20    Equal  Opportunity  and Affirmative Action as the policies of
21    this State in all of its decisions, programs and  activities,
22    and to assure that all State departments, boards, commissions
23    and  instrumentalities  rigorously take affirmative action to
24    provide equality of opportunity and eliminate the effects  of
25    past   discrimination   in  the  internal  affairs  of  State
26    government and in their relations with the public.
27        (H)  Unfounded Charges. To protect citizens of this State
28    against unfounded charges of unlawful discrimination,  sexual
29    harassment  in  employment  and  sexual  harassment in higher
30    education, and discrimination based on citizenship status  in
31    employment.
32    (Source: P.A. 87-579; 88-178.)

33        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
HB0101 Engrossed            -3-                LRB9200902WHcs
 1        Sec.  1-103.  General Definitions. When used in this Act,
 2    unless the context requires otherwise, the term:
 3        (A)  Age.  "Age" means the chronological age of a  person
 4    who  is  at  least  40  years  old, except with regard to any
 5    practice described in Section 2-102, insofar as that practice
 6    concerns training or apprenticeship programs. In the case  of
 7    training  or  apprenticeship  programs,  for  the purposes of
 8    Section 2-102, "age" means the chronological age of a  person
 9    who is 18 but not yet 40 years old.
10        (B)  Aggrieved  Party.  "Aggrieved  party" means a person
11    who is alleged or proved to have  been  injured  by  a  civil
12    rights  violation  or believes he or she will be injured by a
13    civil rights violation under  Article  3  that  is  about  to
14    occur.
15        (C)  Charge.  "Charge" means an allegation filed with the
16    Department  by  an  aggrieved  party  or  initiated  by   the
17    Department under its authority.
18        (D)  Civil  Rights  Violation.  "Civil  rights violation"
19    includes and shall be limited to only those specific acts set
20    forth in Sections 2-102, 2-103, 2-105, 3-102,  3-103,  3-104,
21    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
22    Act.
23        (E)  Commission.  "Commission"  means  the  Human  Rights
24    Commission created by this Act.
25        (F)  Complaint.  "Complaint"  means  the  formal pleading
26    filed by the Department  with  the  Commission  following  an
27    investigation  and finding of substantial evidence of a civil
28    rights violation.
29        (G)  Complainant. "Complainant" means a person  including
30    the  Department  who files a charge of civil rights violation
31    with the Department or the Commission.
32        (H)  Department. "Department"  means  the  Department  of
33    Human Rights created by this Act.
34        (I)  Handicap.  "Handicap"  means a determinable physical
HB0101 Engrossed            -4-                LRB9200902WHcs
 1    or mental characteristic of  a  person,  including,  but  not
 2    limited  to,  a  determinable  physical  characteristic which
 3    necessitates the person's use of a guide, hearing or  support
 4    dog, the history of such characteristic, or the perception of
 5    such  characteristic  by the person complained against, which
 6    may result from  disease,  injury,  congenital  condition  of
 7    birth or functional disorder and which characteristic:
 8             (1)  For  purposes  of Article 2 is unrelated to the
 9        person's ability to perform the duties  of  a  particular
10        job  or  position  and, pursuant to Section 2-104 of this
11        Act, a person's illegal use of drugs or alcohol is not  a
12        handicap;
13             (2)  For  purposes of Article 3, is unrelated to the
14        person's ability to acquire, rent or maintain  a  housing
15        accommodation;
16             (3)  For  purposes  of  Article 4, is unrelated to a
17        person's ability to repay;
18             (4)  For purposes of Article 5, is  unrelated  to  a
19        person's  ability  to utilize and benefit from a place of
20        public accommodation.
21        (J)  Marital Status. "Marital  status"  means  the  legal
22    status  of  being  married,  single,  separated,  divorced or
23    widowed.
24        (J-1)  Military  Status.   "Military  status"   means   a
25    person's  status  on  active  duty in the armed forces of the
26    United States.
27        (K)  National Origin. "National origin" means  the  place
28    in which a person or one of his or her ancestors was born.
29        (L)  Person.  "Person"  includes one or more individuals,
30    partnerships,   associations    or    organizations,    labor
31    organizations, labor unions, joint apprenticeship committees,
32    or  union  labor  associations,  corporations,  the  State of
33    Illinois and its instrumentalities,  political  subdivisions,
34    units of local government, legal representatives, trustees in
HB0101 Engrossed            -5-                LRB9200902WHcs
 1    bankruptcy or receivers.
 2        (M)  Public  Contract.  "Public  contract" includes every
 3    contract  to  which  the  State,   any   of   its   political
 4    subdivisions or any municipal corporation is a party.
 5        (N)  Religion.   "Religion"   includes   all  aspects  of
 6    religious observance and practice, as well as belief,  except
 7    that  with  respect to employers, for the purposes of Article
 8    2, "religion" has the meaning ascribed to it in paragraph (F)
 9    of Section 2-101.
10        (O)  Sex. "Sex" means the status of being male or female.
11        (O-1)  Sexual orientation.   "Sexual  orientation"  means
12    having  or  being perceived as having an emotional, physical,
13    or sexual attraction to another person without regard to  the
14    sex  of that person or having or being perceived as having an
15    orientation for such attraction, or having or being perceived
16    as  having  a  self-image  or  identity   not   traditionally
17    associated  with  one's  biological  maleness  or femaleness.
18    "Sexual orientation" does not include a  physical  or  sexual
19    attraction to a minor by an adult.
20        (P)  Unfavorable    Military    Discharge.   "Unfavorable
21    military discharge" includes discharges from the Armed Forces
22    of  the  United  States,  their  Reserve  components  or  any
23    National Guard or Naval Militia which are classified as  RE-3
24    or  the  equivalent  thereof,  but  does  not  include  those
25    characterized as RE-4 or "Dishonorable".
26        (Q)  Unlawful  Discrimination.  "Unlawful discrimination"
27    means discrimination against a person because of his  or  her
28    race,  color,  religion, national origin, ancestry, age, sex,
29    marital   status,   handicap,   military    status,    sexual
30    orientation,  or  unfavorable discharge from military service
31    as those terms are defined in this Section.
32    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)

33        (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
HB0101 Engrossed            -6-                LRB9200902WHcs
 1        Sec.  3-103.   Blockbusting.)   It  is  a  civil   rights
 2    violation for any person to:
 3        (A)  Solicitation.   Solicit  for sale, lease, listing or
 4    purchase any residential real estate within  this  State,  on
 5    the   grounds  of  loss  of  value  due  to  the  present  or
 6    prospective entry into the vicinity of the property  involved
 7    of  any  person  or  persons  of  any particular race, color,
 8    religion,  national  origin,  ancestry,  age,   sex,   sexual
 9    orientation, marital status, familial status or handicap.
10        (B)  Statements.   Distribute or cause to be distributed,
11    written material or statements designed to induce  any  owner
12    of residential real estate in this State to sell or lease his
13    or her property because of any present or prospective changes
14    in the race, color, religion, national origin, ancestry, age,
15    sex,  sexual  orientation, marital status, familial status or
16    handicap of  residents  in  the  vicinity   of  the  property
17    involved.
18        (C)  Creating  Alarm.   Intentionally create alarm, among
19    residents of any community, by transmitting communications in
20    any  manner,  including  a  telephone  call  whether  or  not
21    conversation thereby ensues, with  a  design  to  induce  any
22    owner  of  residential  real  estate in this state to sell or
23    lease  his  or  her  property  because  of  any  present   or
24    prospective  entry into the vicinity of the property involved
25    of any person or  persons  of  any  particular  race,  color,
26    religion,   national   origin,  ancestry,  age,  sex,  sexual
27    orientation, marital status, familial status or handicap.
28    (Source: P.A. 86-910.)

29        (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
30        Sec. 3-106.  Exemptions.)  Nothing contained  in  Section
31    3-102 shall prohibit:
32        (A)  Private Sales of Single Family Homes.  Any sale of a
33    single  family  home  by  its  owner so long as the following
HB0101 Engrossed            -7-                LRB9200902WHcs
 1    criteria are met:
 2             (1)  The owner does not own  or  have  a  beneficial
 3        interest  in  more  than three single family homes at the
 4        time of the sale;
 5             (2)  The owner or a member of his or her family  was
 6        the last current resident of the home;
 7             (3)  The  home is sold without the use in any manner
 8        of the sales or rental facilities or services of any real
 9        estate broker or salesman, or of any employee or agent of
10        any real estate broker or salesman;
11             (4)  The  home  is  sold  without  the  publication,
12        posting or mailing, after notice, of any advertisement or
13        written notice in violation of paragraph (F)  of  Section
14        3-102.
15        (B)  Apartments.   Rental of a housing accommodation in a
16    building which contains housing accommodations for  not  more
17    than five families living independently of each other, if the
18    lessor or a member of his or her family resides in one of the
19    housing accommodations;
20        (C)  Private  Rooms.   Rental  of  a  room  or rooms in a
21    private home by an owner if he or she or a member of  his  or
22    her  family  resides therein or, while absent for a period of
23    not more than twelve months, if he or she or a member of  his
24    or her family intends to return to reside therein;
25        (D)  Reasonable  local,  State,  or  Federal restrictions
26    regarding the maximum number of occupants permitted to occupy
27    a dwelling.
28        (E)  Religious Organizations.  A religious  organization,
29    association,  or  society,  or  any  nonprofit institution or
30    organization operated, supervised  or  controlled  by  or  in
31    conjunction  with  a  religious organization, association, or
32    society, from limiting the sale, rental  or  occupancy  of  a
33    dwelling   which  it  owns  or  operates  for  other  than  a
34    commercial purpose to persons of the same religion,  or  from
HB0101 Engrossed            -8-                LRB9200902WHcs
 1    giving preference  to such persons, unless membership in such
 2    religion is restricted on account of race, color, or national
 3    origin.
 4        (F)  Sex.   Restricting  the rental of rooms in a housing
 5    accommodation to persons of one sex.
 6        (G)  Persons Convicted of Drug-Related Offenses.  Conduct
 7    against  a  person  because such person has been convicted by
 8    any  court  of  competent   jurisdiction   of   the   illegal
 9    manufacture  or  distribution  of  a  controlled substance as
10    defined in Section 102 of the federal  Controlled  Substances
11    Act (21 U.S.C. 802).
12        (H)  Persons   engaged  in  the  business  of  furnishing
13    appraisals of real property from  taking  into  consideration
14    factors  other than those based on unlawful discrimination or
15    familial status in furnishing appraisals.
16        (H-1)  The  owner  of   an   owner-occupied   residential
17    building  with  5 or fewer units (including the unit in which
18    the owner resides) from making decisions regarding whether to
19    rent to a person based upon that person's sexual orientation.
20        (I)  Housing for Older  Persons.  No  provision  in  this
21    Article regarding familial status shall apply with respect to
22    housing for older persons.
23             (1)  As  used  in  this  Section, "housing for older
24        persons" means housing:
25                  (a)  provided  under  any  State   or   Federal
26             program    that   the   Department   determines   is
27             specifically designed and operated to assist elderly
28             persons  (as  defined  in  the  State   or   Federal
29             program); or
30                  (b)  intended  for,  and  solely  occupied  by,
31             persons 62 years of age or older; or
32                  (c)  intended  and  operated  for  occupancy by
33             persons 55 years of age or older and:
34                       (i)  at least 80% of  the  occupied  units
HB0101 Engrossed            -9-                LRB9200902WHcs
 1                  are  occupied  by at least one person who is 55
 2                  years of age or older;
 3                       (ii)  the housing  facility  or  community
 4                  publishes   and   adheres   to   policies   and
 5                  procedures that demonstrate the intent required
 6                  under this subdivision (c); and
 7                       (iii)  the  housing  facility or community
 8                  complies with rules adopted by  the  Department
 9                  for verification of occupancy, which shall:
10                            (aa)  provide   for  verification  by
11                       reliable surveys and affidavits; and
12                            (bb)  include examples of  the  types
13                       of  policies  and procedures relevant to a
14                       determination  of  compliance   with   the
15                       requirement of clause (ii).
16        These  surveys  and  affidavits  shall  be  admissible in
17    administrative and judicial proceedings for the  purposes  of
18    such verification.
19             (2)  Housing shall not fail to meet the requirements
20        for housing for older persons by reason of:
21                  (a)  persons residing in such housing as of the
22             effective date of this amendatory Act of 1989 who do
23             not  meet the age requirements of subsections (1)(b)
24             or (c); provided, that new occupants of such housing
25             meet the age requirements of subsections  (1)(b)  or
26             (c) of this subsection; or
27                  (b)  unoccupied   units;  provided,  that  such
28             units are reserved for occupancy by persons who meet
29             the age requirements of subsections (1)(b) or (c) of
30             this subsection.
31             (3) (a)  A  person  shall  not  be  held  personally
32             liable for monetary damages for a violation of  this
33             Article  if  the  person  reasonably relied, in good
34             faith, on the application  of  the  exemption  under
HB0101 Engrossed            -10-               LRB9200902WHcs
 1             this  subsection  (I)  relating to housing for older
 2             persons.
 3                  (b)  For the  purposes  of  this  item  (3),  a
 4             person   may   show   good  faith  reliance  on  the
 5             application of the exemption only by showing that:
 6                       (i)  the person has  no  actual  knowledge
 7                  that  the facility or community is not, or will
 8                  not be, eligible for the exemption; and
 9                       (ii)  the facility or community has stated
10                  formally, in  writing,  that  the  facility  or
11                  community  complies  with  the requirements for
12                  the exemption.
13    (Source: P.A. 89-520, eff. 7-18-96.)

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