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| Public Act 096-0814 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Sections 5-101 and 5-102.1 and by adding Section | ||||
5-102.2 as follows:
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(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
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Sec. 5-101. Definitions) The following definitions are | ||||
applicable
strictly in the context of this Article:
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(A) Place of Public Accommodation. "Place of public
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accommodation" includes, but is not limited to:
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(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;
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(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
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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.
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(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.
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(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.
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(Source: P.A. 95-668, eff. 10-10-07.)
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(775 ILCS 5/5-102.1) | ||
Sec. 5-102.1. No Civil Rights Violation: Public | ||
Accommodations. | ||
(a) 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.
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(b) With respect to a place of public accommodation defined | ||
in paragraph (11) of Section 5-101, the exercise of free | ||
speech, free expression, free exercise of religion or | ||
expression of religiously based views by any individual or | ||
group of individuals that is protected under the First | ||
Amendment to the United States Constitution or under Section 3 | ||
of Article I, or Section 4 of Article I, of the Illinois | ||
Constitution, shall not be a civil rights violation. | ||
(Source: P.A. 95-668, eff. 10-10-07.) | ||
(775 ILCS 5/5-102.2 new) | ||
Sec. 5-102.2. Jurisdiction limited. In regard to places of | ||
public accommodation defined in paragraph (11) of Section | ||
5-101, the jurisdiction of the Department is limited to: (1) | ||
the failure to enroll an individual; (2) the denial of access | ||
to facilities, goods, or services; or (3) severe or pervasive | ||
harassment of an individual when the covered entity fails to | ||
take corrective action to stop the severe or pervasive | ||
harassment.
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Section 99. Effective date. This Act takes effect January | ||
1, 2010.
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