Public Act 095-0668
 
SB0593 Enrolled LRB095 08838 AJO 29024 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Sections 1-102, 1-103, 3-102.1, 3-104.1, 5-101, and
5-102 and by adding Section 5-102.1 as follows:
 
    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
    Sec. 1-102. Declaration of Policy. It is the public policy
of this State:
    (A) Freedom from Unlawful Discrimination. To secure for all
individuals within Illinois the freedom from discrimination
against any individual because of his or her race, color,
religion, sex, national origin, ancestry, age, marital status,
physical or mental disability handicap, military status,
sexual orientation, or unfavorable discharge from military
service in connection with employment, real estate
transactions, access to financial credit, and the availability
of public accommodations.
    (B) Freedom from Sexual Harassment-Employment and Higher
Education. To prevent sexual harassment in employment and
sexual harassment in higher education.
    (C) Freedom from Discrimination Based on Citizenship
Status-Employment. To prevent discrimination based on
citizenship status in employment.
    (D) Freedom from Discrimination Based on Familial
Status-Real Estate Transactions. To prevent discrimination
based on familial status in real estate transactions.
    (E) Public Health, Welfare and Safety. To promote the
public health, welfare and safety by protecting the interest of
all people in Illinois in maintaining personal dignity, in
realizing their full productive capacities, and in furthering
their interests, rights and privileges as citizens of this
State.
    (F) Implementation of Constitutional Guarantees. To secure
and guarantee the rights established by Sections 17, 18 and 19
of Article I of the Illinois Constitution of 1970.
    (G) Equal Opportunity, Affirmative Action. To establish
Equal Opportunity and Affirmative Action as the policies of
this State in all of its decisions, programs and activities,
and to assure that all State departments, boards, commissions
and instrumentalities rigorously take affirmative action to
provide equality of opportunity and eliminate the effects of
past discrimination in the internal affairs of State government
and in their relations with the public.
    (H) Unfounded Charges. To protect citizens of this State
against unfounded charges of unlawful discrimination, sexual
harassment in employment and sexual harassment in higher
education, and discrimination based on citizenship status in
employment.
(Source: P.A. 93-1078, eff. 1-1-06.)
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General Definitions. When used in this Act,
unless the context requires otherwise, the term:
    (A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
    (B) Aggrieved Party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
    (C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
    (D) Civil Rights Violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
Act.
    (E) Commission. "Commission" means the Human Rights
Commission created by this Act.
    (F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
    (G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
    (H) Department. "Department" means the Department of Human
Rights created by this Act.
    (I) Disability Handicap. "Disability" "Handicap" means a
determinable physical or mental characteristic of a person,
including, but not limited to, a determinable physical
characteristic which necessitates the person's use of a guide,
hearing or support dog, the history of such characteristic, or
the perception of such characteristic by the person complained
against, which may result from disease, injury, congenital
condition of birth or functional disorder and which
characteristic:
        (1) For purposes of Article 2 is unrelated to the
    person's ability to perform the duties of a particular job
    or position and, pursuant to Section 2-104 of this Act, a
    person's illegal use of drugs or alcohol is not a
    disability handicap;
        (2) For purposes of Article 3, is unrelated to the
    person's ability to acquire, rent or maintain a housing
    accommodation;
        (3) For purposes of Article 4, is unrelated to a
    person's ability to repay;
        (4) For purposes of Article 5, is unrelated to a
    person's ability to utilize and benefit from a place of
    public accommodation.
    (J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
    (J-1) Military Status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
    (K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
    (L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
    (M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
    (N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
    (O) Sex. "Sex" means the status of being male or female.
    (O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
    (P) Unfavorable Military Discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
    (Q) Unlawful Discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
race, color, religion, national origin, ancestry, age, sex,
marital status, disability handicap, military status, sexual
orientation, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06;
94-803, eff. 5-26-06.)
 
    (775 ILCS 5/3-102.1)  (from Ch. 68, par. 3-102.1)
    Sec. 3-102.1. Disability Handicap. (A) It is a civil rights
violation to refuse to sell or rent or to otherwise make
unavailable or deny a dwelling to any buyer or renter because
of a disability handicap of that buyer or renter, a disability
handicap of a person residing or intending to reside in that
dwelling after it is sold, rented or made available or a
disability handicap of any person associated with the buyer or
renter.
    (B) It is a civil rights violation to alter the terms,
conditions or privileges of sale or rental of a dwelling or the
provision of services or facilities in connection with such
dwelling because of a disability of a person with a disability
person's handicap or a disability handicap of any person
residing or intending to reside in that dwelling after it is
sold, rented or made available, or a disability handicap of any
person associated with that person.
    (C) It is a civil rights violation:
    (1) to refuse to permit, at the expense of the handicapped
person with a disability, reasonable modifications of existing
premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full
enjoyment of the premises; except that, in the case of a
rental, the landlord may, where it is reasonable to do so,
condition permission for a modification on the renter agreeing
to restore the interior of the premises to the condition that
existed before modifications, reasonable wear and tear
excepted. The landlord may not increase for handicapped persons
with a disability any customarily required security deposit.
However, where it is necessary in order to ensure with
reasonable certainty that funds will be available to pay for
the restorations at the end of the tenancy, the landlord may
negotiate as part of such a restoration agreement a provision
requiring that the tenant pay into an interest bearing escrow
account, over a reasonable period, a reasonable amount of money
not to exceed the cost of the restorations. The interest in any
such account shall accrue to the benefit of the tenant. A
landlord may condition permission for a modification on the
renter providing a reasonable description of the proposed
modifications as well as reasonable assurances that the work
will be done in a workmanlike manner and that any required
building permits will be obtained;
    (2) to refuse to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may
be necessary to afford such person equal opportunity to use and
enjoy a dwelling; or
    (3) in connection with the design and construction of
covered multifamily dwellings for first occupancy after March
13, 1991, to fail to design and construct those dwellings in
such a manner that:
    (a) the public use and common use portions of such
dwellings are readily accessible to and usable by handicapped
persons with a disability;
    (b) all the doors designed to allow passage into and within
all premises within such dwellings are sufficiently wide to
allow passage by handicapped persons with a disability in
wheelchairs; and
    (c) all premises within such dwellings contain the
following features of adaptive design:
    (i) an accessible route into and through the dwelling;
    (ii) light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations;
    (iii) reinforcements in bathroom walls to allow later
installation of grab bars; and
    (iv) usable kitchens and bathrooms such that an individual
in a wheelchair can maneuver about the space.
    (D) Compliance with the appropriate standards of the
Illinois Accessibility Code for adaptable dwelling units (71
Illinois Administrative Code Section 400.350 (e) 1-6) suffices
to satisfy the requirements of subsection (C)(3)(c).
    (E) If a unit of local government has incorporated into its
law the requirements set forth in subsection (C) (3),
compliance with its law shall be deemed to satisfy the
requirements of that subsection.
    (F) A unit of local government may review and approve newly
constructed covered multifamily dwellings for the purpose of
making determinations as to whether the design and construction
requirements of subsection (C)(3) are met.
    (G) The Department shall encourage, but may not require,
units of local government to include in their existing
procedures for the review and approval of newly constructed
covered multifamily dwellings, determinations as to whether
the design and construction of such dwellings are consistent
with subsection (C)(3), and shall provide technical assistance
to units of local government and other persons to implement the
requirements of subsection (C)(3).
    (H) Nothing in this Act shall be construed to require the
Department to review or approve the plans, designs or
construction of all covered multifamily dwellings to determine
whether the design and construction of such dwellings are
consistent with the requirements of subsection (C)(3).
    (I) Nothing in subsections (E), (F), (G) or (H) shall be
construed to affect the authority and responsibility of the
Department to receive and process complaints or otherwise
engage in enforcement activities under State and local law.
    (J) Determinations by a unit of local government under
subsections (E) and (F) shall not be conclusive in enforcement
proceedings under this Act if those determinations are not in
accord with the terms of this Act.
    (K) Nothing in this Section requires that a dwelling be
made available to an individual whose tenancy would constitute
a direct threat to the health or safety of others or would
result in substantial physical damage to the property of
others.
(Source: P.A. 86-910.)
 
    (775 ILCS 5/3-104.1)  (from Ch. 68, par. 3-104.1)
    Sec. 3-104.1. Refusal to sell or rent because a person has
a guide, hearing or support dog. It is a civil rights violation
for the owner or agent of any housing accommodation to:
    (A) refuse to sell or rent after the making of a bonafide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny property to any blind,
hearing impaired or physically disabled handicapped person
because he has a guide, hearing or support dog; or
    (B) discriminate against any blind, hearing impaired or
physically disabled handicapped person in the terms,
conditions, or privileges of sale or rental property, or in the
provision of services or facilities in connection therewith,
because he has a guide, hearing or support dog; or
    (C) require, because a blind, hearing impaired or
physically disabled handicapped person has a guide, hearing or
support dog, an extra charge in a lease, rental agreement, or
contract of purchase or sale, other than for actual damage done
to the premises by the dog.
(Source: P.A. 83-93.)
 
    (775 ILCS 5/5-101)  (from Ch. 68, par. 5-101)
    Sec. 5-101. Definitions) The following definitions are
applicable strictly in the context of this Article:
    (A) Place of Public Accommodation. (1) "Place of public
accommodation" includes, but is not limited to means : a
business, accommodation, refreshment, entertainment,
recreation, or transportation facility of any kind, whether
licensed or not, whose goods, services, facilities,
privileges, advantages or accommodations are extended,
offered, sold, or otherwise made available to the public.
        (1) an inn, hotel, motel, or other place of lodging,
    except for an establishment located within a building that
    contains not more than 5 units for rent or hire and that is
    actually occupied by the proprietor of such establishment
    as the residence of such proprietor;
        (2) a restaurant, bar, or other establishment serving
    food or drink;
        (3) a motion picture house, theater, concert hall,
    stadium, or other place of exhibition or entertainment;
        (4) an auditorium, convention center, lecture hall, or
    other place of public gathering;
        (5) a bakery, grocery store, clothing store, hardware
    store, shopping center, or other sales or rental
    establishment;
        (6) a laundromat, dry-cleaner, bank, barber shop,
    beauty shop, travel service, shoe repair service, funeral
    parlor, gas station, office of an accountant or lawyer,
    pharmacy, insurance office, professional office of a
    health care provider, hospital, or other service
    establishment;
        (7) public conveyances on air, water, or land;
        (8) a terminal, depot, or other station used for
    specified public transportation;
        (9) a museum, library, gallery, or other place of
    public display or collection;
        (10) a park, zoo, amusement park, or other place of
    recreation;
        (11) a non-sectarian nursery, day care center,
    elementary, secondary, undergraduate, or postgraduate
    school, or other place of education in regard to the
    failure to enroll an individual or the denial of access to
    its facilities, goods, or services, except that the
    Department shall not have jurisdiction over charges
    involving curriculum content, course content, or course
    offerings, conduct of the class by the teacher or
    instructor, or any activity within the classroom or
    connected with a class activity such as physical education;
        (12) a senior citizen center, homeless shelter, food
    bank, non-sectarian adoption agency, or other social
    service center establishment; and
        (13) a gymnasium, health spa, bowling alley, golf
    course, or other place of exercise or recreation.
    (2) By way of example, but not of limitation, "place of
public accommodation" includes facilities of the following
types: inns, restaurants, eating houses, hotels, soda
fountains, soft drink parlors, taverns, roadhouses, barber
shops, department stores, clothing stores, hat stores, shoe
stores, bathrooms, restrooms, theatres, skating rinks, public
golf courses, public golf driving ranges, concerts, cafes,
bicycle rinks, elevators, ice cream parlors or rooms,
railroads, omnibuses, busses, stages, airplanes, street cars,
boats, funeral hearses, crematories, cemeteries, and public
conveyances on land, water, or air, public swimming pools and
other places of public accommodation and amusement.
    (B) Operator. "Operator" means any owner, lessee,
proprietor, manager, superintendent, agent, or occupant of a
place of public accommodation or an employee of any such person
or persons.
    (C) Public Official. "Public official" means any officer or
employee of the state or any agency thereof, including state
political subdivisions, municipal corporations, park
districts, forest preserve districts, educational institutions
and schools.
(Source: P.A. 81-1267.)
 
    (775 ILCS 5/5-102)  (from Ch. 68, par. 5-102)
    Sec. 5-102. Civil Rights Violations: Public
Accommodations. It is a civil rights violation for any person
on the basis of unlawful discrimination to:
    (A) Enjoyment of Facilities, Goods, and Services. Deny or
refuse to another the full and equal enjoyment of the
facilities, goods, and services of any public place of
accommodation;
    (B) Written Communications. Directly or indirectly, as the
operator of a place of public accommodation, publish,
circulate, display or mail any written communication, except a
private communication sent in response to a specific inquiry,
which the operator knows is to the effect that any of the
facilities of the place of public accommodation will be denied
to any person or that any person is unwelcome, objectionable or
unacceptable because of unlawful discrimination;
    (C) Public Officials. Deny or refuse to another, as a
public official, the full and equal enjoyment of the
accommodations, advantage, facilities or privileges of the
official's office or services or of any property under the
official's care because of unlawful discrimination.
(Source: P.A. 81-1216.)
 
    (775 ILCS 5/5-102.1 new)
    Sec. 5-102.1. No Civil Rights Violation: Public
Accommodations. It is not a civil rights violation for a
medical, dental, or other health care professional or a private
professional service provider such as a lawyer, accountant, or
insurance agent to refer or refuse to treat or provide services
to an individual in a protected class for any
non-discriminatory reason if, in the normal course of his or
her operations or business, the professional would for the same
reason refer or refuse to treat or provide services to an
individual who is not in the protected class of the individual
who seeks or requires the same or similar treatment or
services.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.