| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 096-0447
Public Act 0447 96TH GENERAL ASSEMBLY
|
Public Act 096-0447 |
HB0721 Enrolled |
LRB096 08293 KTG 18401 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 and 1-103 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, order of | protection status,
marital status, physical or mental | disability, 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. 95-668, eff. 10-10-07.)
|
| (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, 3-102.1, 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.
| (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. "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
| 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;
| (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.
| (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.
| (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, order of protection status, disability, |
| military status, sexual
orientation,
or unfavorable
discharge | from military service as those terms are defined in this | Section.
| (Source: P.A. 94-803, eff. 5-26-06; 95-392, eff. 8-23-07; | 95-668, eff. 10-10-07; 95-876, eff. 8-21-08; revised | 10-28-08.)
| Section 99. Effective date. This Act takes effect January | 1, 2010.
|
Effective Date: 1/1/2010
|
|
|