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 1        AN ACT concerning human rights.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Human Rights Act is  amended  by
 5    changing  Sections  1-102,  1-103,  3-103,  and 3-106 and the
 6    heading of Article 1 and adding Section 1-101.1 as follows:

 7        (775 ILCS 5/Art. 1 heading)

 9        (775 ILCS 5/1-101.1 new)
10        Sec. 1-101.1.  Construction.  Nothing in this  Act  shall
11    be construed as requiring any employer, employment agency, or
12    labor  organization to give preferential treatment or special
13    rights  based  on  sexual   orientation   or   to   implement
14    affirmative  action  policies  or  programs  based  on sexual
15    orientation.

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

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

30        (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
31        Sec.  3-103.   Blockbusting.)   It  is  a  civil   rights
32    violation for any person to:
33        (A)  Solicitation.   Solicit  for sale, lease, listing or
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 1    purchase any residential real estate within  this  State,  on
 2    the   grounds  of  loss  of  value  due  to  the  present  or
 3    prospective entry into the vicinity of the property  involved
 4    of  any  person  or  persons  of  any particular race, color,
 5    religion,  national  origin,  ancestry,  age,   sex,   sexual
 6    orientation, marital status, familial status or handicap.
 7        (B)  Statements.   Distribute or cause to be distributed,
 8    written material or statements designed to induce  any  owner
 9    of residential real estate in this State to sell or lease his
10    or her property because of any present or prospective changes
11    in the race, color, religion, national origin, ancestry, age,
12    sex,  sexual  orientation, marital status, familial status or
13    handicap of  residents  in  the  vicinity   of  the  property
14    involved.
15        (C)  Creating  Alarm.   Intentionally create alarm, among
16    residents of any community, by transmitting communications in
17    any  manner,  including  a  telephone  call  whether  or  not
18    conversation thereby ensues, with  a  design  to  induce  any
19    owner  of  residential  real  estate in this state to sell or
20    lease  his  or  her  property  because  of  any  present   or
21    prospective  entry into the vicinity of the property involved
22    of any person or  persons  of  any  particular  race,  color,
23    religion,   national   origin,  ancestry,  age,  sex,  sexual
24    orientation, marital status, familial status or handicap.
25    (Source: P.A. 86-910.)

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