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| Public Act 097-0410 | ||||
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AN ACT concerning human rights.
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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 Section 1-103 as follows: | ||||
(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:
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(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.
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(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.
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(C) Charge. "Charge" means an allegation filed with the | ||||
Department
by an aggrieved party or initiated by the Department | ||||
under its
authority.
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(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, 3-102.1, 3-103, | ||
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | ||
6-101, and 6-102 of this Act.
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(E) Commission. "Commission" means the Human Rights | ||
Commission
created by this Act.
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(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.
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(G) Complainant. "Complainant" means a person including | ||
the
Department who files a charge of civil rights violation | ||
with the Department or
the Commission.
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(H) Department. "Department" means the Department of Human | ||
Rights
created by this Act.
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(I) Disability. "Disability" 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
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functional disorder and which characteristic:
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(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
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disability;
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(2) For purposes of Article 3, is unrelated to the | ||
person's ability
to acquire, rent or maintain a housing | ||
accommodation;
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(3) For purposes of Article 4, is unrelated to a | ||
person's ability to
repay;
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(4) For purposes of Article 5, is unrelated to a | ||
person's ability to
utilize and benefit from a place of | ||
public accommodation.
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(5) For purposes of Article 5, also includes any | ||
mental, psychological, or developmental disability, | ||
including autism spectrum disorders. | ||
(J) Marital Status. "Marital status" means the legal status | ||
of being
married, single, separated, divorced or widowed.
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(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
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Reserve, or status as a current member or veteran of the | ||
Illinois Army National Guard or Illinois Air National
Guard.
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(K) National Origin. "National origin" means the place in | ||
which a
person or one of his or her ancestors was born.
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(K-5) "Order of protection status" means a person's status | ||
as being a person protected under an order of protection issued | ||
pursuant to the Illinois Domestic Violence Act of 1986 or an | ||
order of protection issued by a court of another state. | ||
(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.
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(M) Public Contract. "Public contract" includes every | ||
contract to which the
State, any of its political subdivisions | ||
or any municipal corporation is a
party.
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(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.
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(O) Sex. "Sex" means the status of being male or female.
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(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
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birth. "Sexual orientation" does not include a physical or | ||
sexual attraction to a minor by an adult.
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(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".
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(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, order of protection status, disability, | ||
military status, sexual
orientation,
or unfavorable
discharge | ||
from military service as those terms are defined in this | ||
Section.
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(Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07; | ||
95-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff. | ||
1-1-10.)
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