97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3915

 

Introduced 12/12/2011, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 441/15-10
225 ILCS 458/15-10
775 ILCS 5/2-101  from Ch. 68, par. 2-101
775 ILCS 5/2-104  from Ch. 68, par. 2-104
775 ILCS 5/3-103  from Ch. 68, par. 3-103

    Amends the Home Inspector License Act, the Real Estate Appraiser Licensing Act of 2002, and the Illinois Human Rights Act. Deletes the word "handicap" and inserts the word "disability" in each Act. Effective immediately.


LRB097 14307 AJO 60587 b

 

 

A BILL FOR

 

HB3915LRB097 14307 AJO 60587 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Home Inspector License Act is amended by
5changing Section 15-10 as follows:
 
6    (225 ILCS 441/15-10)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 15-10. Grounds for disciplinary action.
9    (a) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action as the Department may
12deem appropriate, including imposing fines not to exceed
13$25,000 for each violation, with regard to any license for any
14one or combination of the following:
15        (1) Fraud or misrepresentation in applying for, or
16    procuring a license under this Act or in connection with
17    applying for renewal of a license under this Act.
18        (2) Failing to meet the minimum qualifications for
19    licensure as a home inspector established by this Act.
20        (3) Paying money, other than for the fees provided for
21    by this Act, or anything of value to an employee of the
22    Department to procure licensure under this Act.
23        (4) Conviction by plea of guilty or nolo contendere,

 

 

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1    finding of guilt, jury verdict, or entry of judgment or by
2    sentencing of any crime, including, but not limited to,
3    convictions, preceding sentences of supervision,
4    conditional discharge, or first offender probation, under
5    the laws of any jurisdiction of the United States: (i) that
6    is a felony; (ii) that is a misdemeanor, an essential
7    element of which is dishonesty, or that is directly related
8    to the practice of the profession; or (iii) that is a crime
9    that subjects the licensee to compliance with the
10    requirements of the Sex Offender Registration Act.
11        (5) Committing an act or omission involving
12    dishonesty, fraud, or misrepresentation with the intent to
13    substantially benefit the licensee or another person or
14    with the intent to substantially injure another person.
15        (6) Violating a provision or standard for the
16    development or communication of home inspections as
17    provided in Section 10-5 of this Act or as defined in the
18    rules.
19        (7) Failing or refusing to exercise reasonable
20    diligence in the development, reporting, or communication
21    of a home inspection report, as defined by this Act or the
22    rules.
23        (8) Violating a provision of this Act or the rules.
24        (9) Having been disciplined by another state, the
25    District of Columbia, a territory, a foreign nation, a
26    governmental agency, or any other entity authorized to

 

 

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1    impose discipline if at least one of the grounds for that
2    discipline is the same as or substantially equivalent to
3    one of the grounds for which a licensee may be disciplined
4    under this Act.
5        (10) Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        (11) Accepting an inspection assignment when the
9    employment itself is contingent upon the home inspector
10    reporting a predetermined analysis or opinion, or when the
11    fee to be paid is contingent upon the analysis, opinion, or
12    conclusion reached or upon the consequences resulting from
13    the home inspection assignment.
14        (12) Developing home inspection opinions or
15    conclusions based on the race, color, religion, sex,
16    national origin, ancestry, age, marital status, family
17    status, physical or mental disability handicap, or
18    unfavorable military discharge, as defined under the
19    Illinois Human Rights Act, of the prospective or present
20    owners or occupants of the area or property under home
21    inspection.
22        (13) Being adjudicated liable in a civil proceeding on
23    grounds of fraud, misrepresentation, or deceit. In a
24    disciplinary proceeding based upon a finding of civil
25    liability, the home inspector shall be afforded an
26    opportunity to present mitigating and extenuating

 

 

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1    circumstances, but may not collaterally attack the civil
2    adjudication.
3        (14) Being adjudicated liable in a civil proceeding for
4    violation of a State or federal fair housing law.
5        (15) Engaging in misleading or untruthful advertising
6    or using a trade name or insignia of membership in a home
7    inspection organization of which the licensee is not a
8    member.
9        (16) Failing, within 30 days, to provide information in
10    response to a written request made by the Department.
11        (17) Failing to include within the home inspection
12    report the home inspector's license number and the date of
13    expiration of the license. All home inspectors providing
14    significant contribution to the development and reporting
15    of a home inspection must be disclosed in the home
16    inspection report. It is a violation of this Act for a home
17    inspector to sign a home inspection report knowing that a
18    person providing a significant contribution to the report
19    has not been disclosed in the home inspection report.
20        (18) Advising a client as to whether the client should
21    or should not engage in a transaction regarding the
22    residential real property that is the subject of the home
23    inspection.
24        (19) Performing a home inspection in a manner that
25    damages or alters the residential real property that is the
26    subject of the home inspection without the consent of the

 

 

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1    owner.
2        (20) Performing a home inspection when the home
3    inspector is providing or may also provide other services
4    in connection with the residential real property or
5    transaction, or has an interest in the residential real
6    property, without providing prior written notice of the
7    potential or actual conflict and obtaining the prior
8    consent of the client as provided by rule.
9        (21) Aiding or assisting another person in violating
10    any provision of this Act or rules adopted under this Act.
11        (22) Inability to practice with reasonable judgment,
12    skill, or safety as a result of habitual or excessive use
13    or addiction to alcohol, narcotics, stimulants, or any
14    other chemical agent or drug.
15        (23) A finding by the Department that the licensee,
16    after having his or her license placed on probationary
17    status, has violated the terms of probation.
18        (24) Willfully making or filing false records or
19    reports in his or her practice, including, but not limited
20    to, false records filed with State agencies or departments.
21        (25) Charging for professional services not rendered,
22    including filing false statements for the collection of
23    fees for which services are not rendered.
24        (26) Practicing under a false or, except as provided by
25    law, an assumed name.
26        (27) Cheating on or attempting to subvert the licensing

 

 

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1    examination administered under this Act.
2    (b) The Department may suspend, revoke, or refuse to issue
3or renew an education provider's license, may reprimand, place
4on probation, or otherwise discipline an education provider
5licensee, and may suspend or revoke the course approval of any
6course offered by an education provider, for any of the
7following:
8        (1) Procuring or attempting to procure licensure by
9    knowingly making a false statement, submitting false
10    information, making any form of fraud or
11    misrepresentation, or refusing to provide complete
12    information in response to a question in an application for
13    licensure.
14        (2) Failing to comply with the covenants certified to
15    on the application for licensure as an education provider.
16        (3) Committing an act or omission involving
17    dishonesty, fraud, or misrepresentation or allowing any
18    such act or omission by any employee or contractor under
19    the control of the education provider.
20        (4) Engaging in misleading or untruthful advertising.
21        (5) Failing to retain competent instructors in
22    accordance with rules adopted under this Act.
23        (6) Failing to meet the topic or time requirements for
24    course approval as the provider of a pre-license curriculum
25    course or a continuing education course.
26        (7) Failing to administer an approved course using the

 

 

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1    course materials, syllabus, and examinations submitted as
2    the basis of the course approval.
3        (8) Failing to provide an appropriate classroom
4    environment for presentation of courses, with
5    consideration for student comfort, acoustics, lighting,
6    seating, workspace, and visual aid material.
7        (9) Failing to maintain student records in compliance
8    with the rules adopted under this Act.
9        (10) Failing to provide a certificate, transcript, or
10    other student record to the Department or to a student as
11    may be required by rule.
12        (11) Failing to fully cooperate with a Department
13    investigation by knowingly making a false statement,
14    submitting false or misleading information, or refusing to
15    provide complete information in response to written
16    interrogatories or a written request for documentation
17    within 30 days of the request.
18    (c) In appropriate cases, the Department may resolve a
19complaint against a licensee through the issuance of a Consent
20to Administrative Supervision order. A licensee subject to a
21Consent to Administrative Supervision order shall be
22considered by the Department as an active licensee in good
23standing. This order shall not be reported as or considered by
24the Department to be a discipline of the licensee. The records
25regarding an investigation and a Consent to Administrative
26Supervision order shall be considered confidential and shall

 

 

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1not be released by the Department except as mandated by law.
2The complainant shall be notified that his or her complaint has
3been resolved by a Consent to Administrative Supervision order.
4    (d) The Department may refuse to issue or may suspend
5without hearing, as provided for in the Code of Civil
6Procedure, the license of any person who fails to file a tax
7return, to pay the tax, penalty, or interest shown in a filed
8tax return, or to pay any final assessment of tax, penalty, or
9interest, as required by any tax Act administered by the
10Illinois Department of Revenue, until such time as the
11requirements of the tax Act are satisfied in accordance with
12subsection (g) of Section 2105-15 of the Civil Administrative
13Code of Illinois.
14    (e) The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with item (5) of subsection
19(g) of Section 2105-15 of the Civil Administrative Code of
20Illinois.
21    (f) In cases where the Department of Healthcare and Family
22Services has previously determined that a licensee or a
23potential licensee is more than 30 days delinquent in the
24payment of child support and has subsequently certified the
25delinquency to the Department, the Department may refuse to
26issue or renew or may revoke or suspend that person's license

 

 

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1or may take other disciplinary action against that person based
2solely upon the certification of delinquency made by the
3Department of Healthcare and Family Services in accordance with
4item (5) of subsection (g) of Section 2105-15 of the Civil
5Administrative Code of Illinois.
6    (g) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission, as
8provided in the Mental Health and Developmental Disabilities
9Code, operates as an automatic suspension. The suspension will
10end only upon a finding by a court that the patient is no
11longer subject to involuntary admission or judicial admission
12and the issuance of a court order so finding and discharging
13the patient.
14    (h) In enforcing this Act, the Department, upon a showing
15of a possible violation, may compel an individual licensed to
16practice under this Act, or who has applied for licensure under
17this Act, to submit to a mental or physical examination, or
18both, as required by and at the expense of the Department. The
19Department may order the examining physician to present
20testimony concerning the mental or physical examination of the
21licensee or applicant. No information shall be excluded by
22reason of any common law or statutory privilege relating to
23communications between the licensee or applicant and the
24examining physician. The examining physician shall be
25specifically designated by the Department. The individual to be
26examined may have, at his or her own expense, another physician

 

 

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1of his or her choice present during all aspects of this
2examination. The examination shall be performed by a physician
3licensed to practice medicine in all its branches. Failure of
4an individual to submit to a mental or physical examination,
5when directed, shall result in an automatic suspension without
6hearing.
7    A person holding a license under this Act or who has
8applied for a license under this Act, who, because of a
9physical or mental illness or disability, including, but not
10limited to, deterioration through the aging process or loss of
11motor skill, is unable to practice the profession with
12reasonable judgment, skill, or safety, may be required by the
13Department to submit to care, counseling, or treatment by
14physicians approved or designated by the Department as a
15condition, term, or restriction for continued, reinstated, or
16renewed licensure to practice. Submission to care, counseling,
17or treatment as required by the Department shall not be
18considered discipline of a license. If the licensee refuses to
19enter into a care, counseling, or treatment agreement or fails
20to abide by the terms of the agreement, the Department may file
21a complaint to revoke, suspend, or otherwise discipline the
22license of the individual. The Secretary may order the license
23suspended immediately, pending a hearing by the Department.
24Fines shall not be assessed in disciplinary actions involving
25physical or mental illness or impairment.
26    In instances in which the Secretary immediately suspends a

 

 

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1person's license under this Section, a hearing on that person's
2license must be convened by the Department within 15 days after
3the suspension and completed without appreciable delay. The
4Department shall have the authority to review the subject
5individual's record of treatment and counseling regarding the
6impairment to the extent permitted by applicable federal
7statutes and regulations safeguarding the confidentiality of
8medical records.
9    An individual licensed under this Act and affected under
10this Section shall be afforded an opportunity to demonstrate to
11the Department that he or she can resume practice in compliance
12with acceptable and prevailing standards under the provisions
13of his or her license.
14(Source: P.A. 97-226, eff. 7-28-11.)
 
15    Section 10. The Real Estate Appraiser Licensing Act of 2002
16is amended by changing Section 15-10 as follows:
 
17    (225 ILCS 458/15-10)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 15-10. Grounds for disciplinary action.
20    (a) The Department may suspend, revoke, refuse to issue,
21renew, or restore a license and may reprimand place on
22probation or administrative supervision, or take any
23disciplinary or non-disciplinary action, including imposing
24conditions limiting the scope, nature, or extent of the real

 

 

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1estate appraisal practice of a licensee or reducing the
2appraisal rank of a licensee, and may impose an administrative
3fine not to exceed $25,000 for each violation upon a licensee
4for any one or combination of the following:
5        (1) Procuring or attempting to procure a license by
6    knowingly making a false statement, submitting false
7    information, engaging in any form of fraud or
8    misrepresentation, or refusing to provide complete
9    information in response to a question in an application for
10    licensure.
11        (2) Failing to meet the minimum qualifications for
12    licensure as an appraiser established by this Act.
13        (3) Paying money, other than for the fees provided for
14    by this Act, or anything of value to a member or employee
15    of the Board or the Department to procure licensure under
16    this Act.
17        (4) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States: (i) that
23    is a felony; or (ii) that is a misdemeanor, an essential
24    element of which is dishonesty, or that is directly related
25    to the practice of the profession.
26        (5) Committing an act or omission involving

 

 

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1    dishonesty, fraud, or misrepresentation with the intent to
2    substantially benefit the licensee or another person or
3    with intent to substantially injure another person as
4    defined by rule.
5        (6) Violating a provision or standard for the
6    development or communication of real estate appraisals as
7    provided in Section 10-10 of this Act or as defined by
8    rule.
9        (7) Failing or refusing without good cause to exercise
10    reasonable diligence in developing, reporting, or
11    communicating an appraisal, as defined by this Act or by
12    rule.
13        (8) Violating a provision of this Act or the rules
14    adopted pursuant to this Act.
15        (9) Having been disciplined by another state, the
16    District of Columbia, a territory, a foreign nation, a
17    governmental agency, or any other entity authorized to
18    impose discipline if at least one of the grounds for that
19    discipline is the same as or the equivalent of one of the
20    grounds for which a licensee may be disciplined under this
21    Act.
22        (10) Engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public.
25        (11) Accepting an appraisal assignment when the
26    employment itself is contingent upon the appraiser

 

 

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1    reporting a predetermined estimate, analysis, or opinion
2    or when the fee to be paid is contingent upon the opinion,
3    conclusion, or valuation reached or upon the consequences
4    resulting from the appraisal assignment.
5        (12) Developing valuation conclusions based on the
6    race, color, religion, sex, national origin, ancestry,
7    age, marital status, family status, physical or mental
8    disability handicap, or unfavorable military discharge, as
9    defined under the Illinois Human Rights Act, of the
10    prospective or present owners or occupants of the area or
11    property under appraisal.
12        (13) Violating the confidential nature of government
13    records to which the licensee gained access through
14    employment or engagement as an appraiser by a government
15    agency.
16        (14) Being adjudicated liable in a civil proceeding on
17    grounds of fraud, misrepresentation, or deceit. In a
18    disciplinary proceeding based upon a finding of civil
19    liability, the appraiser shall be afforded an opportunity
20    to present mitigating and extenuating circumstances, but
21    may not collaterally attack the civil adjudication.
22        (15) Being adjudicated liable in a civil proceeding for
23    violation of a state or federal fair housing law.
24        (16) Engaging in misleading or untruthful advertising
25    or using a trade name or insignia of membership in a real
26    estate appraisal or real estate organization of which the

 

 

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1    licensee is not a member.
2        (17) Failing to fully cooperate with a Department
3    investigation by knowingly making a false statement,
4    submitting false or misleading information, or refusing to
5    provide complete information in response to written
6    interrogatories or a written request for documentation
7    within 30 days of the request.
8        (18) Failing to include within the certificate of
9    appraisal for all written appraisal reports the
10    appraiser's license number and licensure title. All
11    appraisers providing significant contribution to the
12    development and reporting of an appraisal must be disclosed
13    in the appraisal report. It is a violation of this Act for
14    an appraiser to sign a report, transmittal letter, or
15    appraisal certification knowing that a person providing a
16    significant contribution to the report has not been
17    disclosed in the appraisal report.
18        (19) Violating the terms of a disciplinary order or
19    consent to administrative supervision order.
20        (20) Habitual or excessive use or addiction to alcohol,
21    narcotics, stimulants, or any other chemical agent or drug
22    that results in a licensee's inability to practice with
23    reasonable judgment, skill, or safety.
24        (21) A physical or mental illness or disability which
25    results in the inability to practice under this Act with
26    reasonable judgment, skill, or safety.

 

 

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1        (22) Gross negligence in developing an appraisal or in
2    communicating an appraisal or failing to observe one or
3    more of the Uniform Standards of Professional Appraisal
4    Practice.
5        (23) A pattern of practice or other behavior that
6    demonstrates incapacity or incompetence to practice under
7    this Act.
8        (24) Using or attempting to use the seal, certificate,
9    or license of another as his or her own; falsely
10    impersonating any duly licensed appraiser; using or
11    attempting to use an inactive, expired, suspended, or
12    revoked license; or aiding or abetting any of the
13    foregoing.
14        (25) Solicitation of professional services by using
15    false, misleading, or deceptive advertising.
16        (26) Making a material misstatement in furnishing
17    information to the Department.
18        (27) Failure to furnish information to the Department
19    upon written request.
20    (b) The Department may reprimand suspend, revoke, or refuse
21to issue or renew an education provider's license, may
22reprimand, place on probation, or otherwise discipline an
23education provider and may suspend or revoke the course
24approval of any course offered by an education provider and may
25impose an administrative fine not to exceed $25,000 upon an
26education provider, for any of the following:

 

 

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1        (1) Procuring or attempting to procure licensure by
2    knowingly making a false statement, submitting false
3    information, engaging in any form of fraud or
4    misrepresentation, or refusing to provide complete
5    information in response to a question in an application for
6    licensure.
7        (2) Failing to comply with the covenants certified to
8    on the application for licensure as an education provider.
9        (3) Committing an act or omission involving
10    dishonesty, fraud, or misrepresentation or allowing any
11    such act or omission by any employee or contractor under
12    the control of the provider.
13        (4) Engaging in misleading or untruthful advertising.
14        (5) Failing to retain competent instructors in
15    accordance with rules adopted under this Act.
16        (6) Failing to meet the topic or time requirements for
17    course approval as the provider of a pre-license curriculum
18    course or a continuing education course.
19        (7) Failing to administer an approved course using the
20    course materials, syllabus, and examinations submitted as
21    the basis of the course approval.
22        (8) Failing to provide an appropriate classroom
23    environment for presentation of courses, with
24    consideration for student comfort, acoustics, lighting,
25    seating, workspace, and visual aid material.
26        (9) Failing to maintain student records in compliance

 

 

HB3915- 18 -LRB097 14307 AJO 60587 b

1    with the rules adopted under this Act.
2        (10) Failing to provide a certificate, transcript, or
3    other student record to the Department or to a student as
4    may be required by rule.
5        (11) Failing to fully cooperate with an investigation
6    by the Department by knowingly making a false statement,
7    submitting false or misleading information, or refusing to
8    provide complete information in response to written
9    interrogatories or a written request for documentation
10    within 30 days of the request.
11    (c) In appropriate cases, the Department may resolve a
12complaint against a licensee through the issuance of a Consent
13to Administrative Supervision order. A licensee subject to a
14Consent to Administrative Supervision order shall be
15considered by the Department as an active licensee in good
16standing. This order shall not be reported or considered by the
17Department to be a discipline of the licensee. The records
18regarding an investigation and a Consent to Administrative
19Supervision order shall be considered confidential and shall
20not be released by the Department except as mandated by law. A
21complainant shall be notified if his or her complaint has been
22resolved by a Consent to Administrative Supervision order.
23(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
 
24    Section 15. The Illinois Human Rights Act is amended by
25changing Sections 2-101, 2-104, and 3-103 as follows:
 

 

 

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1    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
2    Sec. 2-101. Definitions. The following definitions are
3applicable strictly in the context of this Article.
4    (A) Employee.
5        (1) "Employee" includes:
6            (a) Any individual performing services for
7        remuneration within this State for an employer;
8            (b) An apprentice;
9            (c) An applicant for any apprenticeship.
10        (2) "Employee" does not include:
11            (a) Domestic servants in private homes;
12            (b) Individuals employed by persons who are not
13        "employers" as defined by this Act;
14            (c) Elected public officials or the members of
15        their immediate personal staffs;
16            (d) Principal administrative officers of the State
17        or of any political subdivision, municipal corporation
18        or other governmental unit or agency;
19            (e) A person in a vocational rehabilitation
20        facility certified under federal law who has been
21        designated an evaluee, trainee, or work activity
22        client.
23    (B) Employer.
24        (1) "Employer" includes:
25            (a) Any person employing 15 or more employees

 

 

HB3915- 20 -LRB097 14307 AJO 60587 b

1        within Illinois during 20 or more calendar weeks within
2        the calendar year of or preceding the alleged
3        violation;
4            (b) Any person employing one or more employees when
5        a complainant alleges civil rights violation due to
6        unlawful discrimination based upon his or her physical
7        or mental disability handicap unrelated to ability or
8        sexual harassment;
9            (c) The State and any political subdivision,
10        municipal corporation or other governmental unit or
11        agency, without regard to the number of employees;
12            (d) Any party to a public contract without regard
13        to the number of employees;
14            (e) A joint apprenticeship or training committee
15        without regard to the number of employees.
16        (2) "Employer" does not include any religious
17    corporation, association, educational institution,
18    society, or non-profit nursing institution conducted by
19    and for those who rely upon treatment by prayer through
20    spiritual means in accordance with the tenets of a
21    recognized church or religious denomination with respect
22    to the employment of individuals of a particular religion
23    to perform work connected with the carrying on by such
24    corporation, association, educational institution, society
25    or non-profit nursing institution of its activities.
26    (C) Employment Agency. "Employment Agency" includes both

 

 

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1public and private employment agencies and any person, labor
2organization, or labor union having a hiring hall or hiring
3office regularly undertaking, with or without compensation, to
4procure opportunities to work, or to procure, recruit, refer or
5place employees.
6    (D) Labor Organization. "Labor Organization" includes any
7organization, labor union, craft union, or any voluntary
8unincorporated association designed to further the cause of the
9rights of union labor which is constituted for the purpose, in
10whole or in part, of collective bargaining or of dealing with
11employers concerning grievances, terms or conditions of
12employment, or apprenticeships or applications for
13apprenticeships, or of other mutual aid or protection in
14connection with employment, including apprenticeships or
15applications for apprenticeships.
16    (E) Sexual Harassment. "Sexual harassment" means any
17unwelcome sexual advances or requests for sexual favors or any
18conduct of a sexual nature when (1) submission to such conduct
19is made either explicitly or implicitly a term or condition of
20an individual's employment, (2) submission to or rejection of
21such conduct by an individual is used as the basis for
22employment decisions affecting such individual, or (3) such
23conduct has the purpose or effect of substantially interfering
24with an individual's work performance or creating an
25intimidating, hostile or offensive working environment.
26    (F) Religion. "Religion" with respect to employers

 

 

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1includes all aspects of religious observance and practice, as
2well as belief, unless an employer demonstrates that he is
3unable to reasonably accommodate an employee's or prospective
4employee's religious observance or practice without undue
5hardship on the conduct of the employer's business.
6    (G) Public Employer. "Public employer" means the State, an
7agency or department thereof, unit of local government, school
8district, instrumentality or political subdivision.
9    (H) Public Employee. "Public employee" means an employee of
10the State, agency or department thereof, unit of local
11government, school district, instrumentality or political
12subdivision. "Public employee" does not include public
13officers or employees of the General Assembly or agencies
14thereof.
15    (I) Public Officer. "Public officer" means a person who is
16elected to office pursuant to the Constitution or a statute or
17ordinance, or who is appointed to an office which is
18established, and the qualifications and duties of which are
19prescribed, by the Constitution or a statute or ordinance, to
20discharge a public duty for the State, agency or department
21thereof, unit of local government, school district,
22instrumentality or political subdivision.
23    (J) Eligible Bidder. "Eligible bidder" means a person who,
24prior to a bid opening, has filed with the Department a
25properly completed, sworn and currently valid employer report
26form, pursuant to the Department's regulations. The provisions

 

 

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1of this Article relating to eligible bidders apply only to bids
2on contracts with the State and its departments, agencies,
3boards, and commissions, and the provisions do not apply to
4bids on contracts with units of local government or school
5districts.
6    (K) Citizenship Status. "Citizenship status" means the
7status of being:
8        (1) a born U.S. citizen;
9        (2) a naturalized U.S. citizen;
10        (3) a U.S. national; or
11        (4) a person born outside the United States and not a
12    U.S. citizen who is not an unauthorized alien and who is
13    protected from discrimination under the provisions of
14    Section 1324b of Title 8 of the United States Code, as now
15    or hereafter amended.
16(Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
 
17    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
18    Sec. 2-104. Exemptions.
19    (A) Nothing contained in this Act shall prohibit an
20employer, employment agency or labor organization from:
21        (1) Bona Fide Qualification. Hiring or selecting
22    between persons for bona fide occupational qualifications
23    or any reason except those civil-rights violations
24    specifically identified in this Article.
25        (2) Veterans. Giving preferential treatment to

 

 

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1    veterans and their relatives as required by the laws or
2    regulations of the United States or this State or a unit of
3    local government.
4        (3) Unfavorable Discharge From Military Service. Using
5    unfavorable discharge from military service as a valid
6    employment criterion when authorized by federal law or
7    regulation or when a position of employment involves the
8    exercise of fiduciary responsibilities as defined by rules
9    and regulations which the Department shall adopt.
10        (4) Ability Tests. Giving or acting upon the results of
11    any professionally developed ability test provided that
12    such test, its administration, or action upon the results,
13    is not used as a subterfuge for or does not have the effect
14    of unlawful discrimination.
15        (5) Merit and Retirement Systems.
16            (a) Applying different standards of compensation,
17        or different terms, conditions or privileges of
18        employment pursuant to a merit or retirement system
19        provided that such system or its administration is not
20        used as a subterfuge for or does not have the effect of
21        unlawful discrimination.
22            (b) Effecting compulsory retirement of any
23        employee who has attained 65 years of age and who, for
24        the 2-year period immediately preceding retirement, is
25        employed in a bona fide executive or a high
26        policymaking position, if such employee is entitled to

 

 

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1        an immediate nonforfeitable annual retirement benefit
2        from a pension, profit-sharing, savings, or deferred
3        compensation plan, or any combination of such plans of
4        the employer of such employee, which equals, in the
5        aggregate, at least $44,000. If any such retirement
6        benefit is in a form other than a straight life annuity
7        (with no ancillary benefits) or if the employees
8        contribute to any such plan or make rollover
9        contributions, the retirement benefit shall be
10        adjusted in accordance with regulations prescribed by
11        the Department, so that the benefit is the equivalent
12        of a straight life annuity (with no ancillary benefits)
13        under a plan to which employees do not contribute and
14        under which no rollover contributions are made.
15            (c) Until January 1, 1994, effecting compulsory
16        retirement of any employee who has attained 70 years of
17        age, and who is serving under a contract of unlimited
18        tenure (or similar arrangement providing for unlimited
19        tenure) at an institution of higher education as
20        defined by Section 1201(a) of the Higher Education Act
21        of 1965.
22        (6) Training and Apprenticeship programs. Establishing
23    an educational requirement as a prerequisite to selection
24    for a training or apprenticeship program, provided such
25    requirement does not operate to discriminate on the basis
26    of any prohibited classification except age.

 

 

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1        (7) Police and Firefighter/Paramedic Retirement.
2    Imposing a mandatory retirement age for
3    firefighters/paramedics or law enforcement officers and
4    discharging or retiring such individuals pursuant to the
5    mandatory retirement age if such action is taken pursuant
6    to a bona fide retirement plan provided that the law
7    enforcement officer or firefighter/paramedic has attained:
8            (a) the age of retirement in effect under
9        applicable State or local law on March 3, 1983; or
10            (b) if the applicable State or local law was
11        enacted after the date of enactment of the federal Age
12        Discrimination in Employment Act Amendments of 1996
13        (P.L. 104-208), the age of retirement in effect on the
14        date of such discharge under such law.
15        This paragraph (7) shall not apply with respect to any
16    cause of action arising under the Illinois Human Rights Act
17    as in effect prior to the effective date of this amendatory
18    Act of 1997.
19        (8) Police and Firefighter/Paramedic Appointment.
20    Failing or refusing to hire any individual because of such
21    individual's age if such action is taken with respect to
22    the employment of an individual as a firefighter/paramedic
23    or as a law enforcement officer and the individual has
24    attained:
25            (a) the age of hiring or appointment in effect
26        under applicable State or local law on March 3, 1983;

 

 

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1        or
2            (b) the age of hiring in effect on the date of such
3        failure or refusal to hire under applicable State or
4        local law enacted after the date of enactment of the
5        federal Age Discrimination in Employment Act
6        Amendments of 1996 (P.L. 104-208).
7        As used in paragraph (7) or (8):
8         "Firefighter/paramedic" means an employee, the duties
9    of whose position are primarily to perform work directly
10    connected with the control and extinguishment of fires or
11    the maintenance and use of firefighting apparatus and
12    equipment, or to provide emergency medical services,
13    including an employee engaged in this activity who is
14    transferred to a supervisory or administrative position.
15         "Law enforcement officer" means an employee, the
16    duties of whose position are primarily the investigation,
17    apprehension, or detention of individuals suspected or
18    convicted of criminal offenses, including an employee
19    engaged in this activity who is transferred to a
20    supervisory or administrative position.
21        (9) Citizenship Status. Making legitimate distinctions
22    based on citizenship status if specifically authorized or
23    required by State or federal law.
24    (B) With respect to any employee who is subject to a
25collective bargaining agreement:
26        (a) which is in effect on June 30, 1986,

 

 

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1        (b) which terminates after January 1, 1987,
2        (c) any provision of which was entered into by a labor
3    organization as defined by Section 6(d)(4) of the Fair
4    Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
5        (d) which contains any provision that would be
6    superseded by this amendatory Act of 1987 (Public Act
7    85-748),
8such amendatory Act of 1987 shall not apply until the
9termination of such collective bargaining agreement or January
101, 1990, whichever occurs first.
11    (C)(1) For purposes of this Act, the term "disability"
12"handicap" shall not include any employee or applicant who is
13currently engaging in the illegal use of drugs, when an
14employer acts on the basis of such use.
15    (2) Paragraph (1) shall not apply where an employee or
16applicant for employment:
17        (a) has successfully completed a supervised drug
18    rehabilitation program and is no longer engaging in the
19    illegal use of drugs, or has otherwise been rehabilitated
20    successfully and is no longer engaging in such use;
21        (b) is participating in a supervised rehabilitation
22    program and is no longer engaging in such use; or
23        (c) is erroneously regarded as engaging in such use,
24    but is not engaging in such use.
25    It shall not be a violation of this Act for an employer to
26adopt or administer reasonable policies or procedures,

 

 

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1including but not limited to drug testing, designed to ensure
2that an individual described in subparagraph (a) or (b) is no
3longer engaging in the illegal use of drugs.
4    (3) An employer:
5        (a) may prohibit the illegal use of drugs and the use
6    of alcohol at the workplace by all employees;
7        (b) may require that employees shall not be under the
8    influence of alcohol or be engaging in the illegal use of
9    drugs at the workplace;
10        (c) may require that employees behave in conformance
11    with the requirements established under the federal
12    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and
13    the Drug Free Workplace Act;
14        (d) may hold an employee who engages in the illegal use
15    of drugs or who is an alcoholic to the same qualification
16    standards for employment or job performance and behavior
17    that such employer holds other employees, even if any
18    unsatisfactory performance or behavior is related to the
19    drug use or alcoholism of such employee; and
20        (e) may, with respect to federal regulations regarding
21    alcohol and the illegal use of drugs, require that:
22            (i) employees comply with the standards
23        established in such regulations of the United States
24        Department of Defense, if the employees of the employer
25        are employed in an industry subject to such
26        regulations, including complying with regulations (if

 

 

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1        any) that apply to employment in sensitive positions in
2        such an industry, in the case of employees of the
3        employer who are employed in such positions (as defined
4        in the regulations of the Department of Defense);
5            (ii) employees comply with the standards
6        established in such regulations of the Nuclear
7        Regulatory Commission, if the employees of the
8        employer are employed in an industry subject to such
9        regulations, including complying with regulations (if
10        any) that apply to employment in sensitive positions in
11        such an industry, in the case of employees of the
12        employer who are employed in such positions (as defined
13        in the regulations of the Nuclear Regulatory
14        Commission); and
15            (iii) employees comply with the standards
16        established in such regulations of the United States
17        Department of Transportation, if the employees of the
18        employer are employed in a transportation industry
19        subject to such regulations, including complying with
20        such regulations (if any) that apply to employment in
21        sensitive positions in such an industry, in the case of
22        employees of the employer who are employed in such
23        positions (as defined in the regulations of the United
24        States Department of Transportation).
25    (4) For purposes of this Act, a test to determine the
26illegal use of drugs shall not be considered a medical

 

 

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1examination. Nothing in this Act shall be construed to
2encourage, prohibit, or authorize the conducting of drug
3testing for the illegal use of drugs by job applicants or
4employees or making employment decisions based on such test
5results.
6    (5) Nothing in this Act shall be construed to encourage,
7prohibit, restrict, or authorize the otherwise lawful exercise
8by an employer subject to the jurisdiction of the United States
9Department of Transportation of authority to:
10        (a) test employees of such employer in, and applicants
11    for, positions involving safety-sensitive duties for the
12    illegal use of drugs and for on-duty impairment by alcohol;
13    and
14        (b) remove such persons who test positive for illegal
15    use of drugs and on-duty impairment by alcohol pursuant to
16    subparagraph (a) from safety-sensitive duties in
17    implementing paragraph (3).
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)
20    Sec. 3-103. Blockbusting. It is a civil rights violation
21for any person to:
22    (A) Solicitation. Solicit for sale, lease, listing or
23purchase any residential real estate within this State, on the
24grounds of loss of value due to the present or prospective
25entry into the vicinity of the property involved of any person

 

 

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1or persons of any particular race, color, religion, national
2origin, ancestry, age, sex, sexual orientation, marital
3status, familial status or disability handicap.
4    (B) Statements. Distribute or cause to be distributed,
5written material or statements designed to induce any owner of
6residential real estate in this State to sell or lease his or
7her property because of any present or prospective changes in
8the race, color, religion, national origin, ancestry, age, sex,
9sexual orientation, marital status, familial status or
10disability handicap of residents in the vicinity of the
11property involved.
12    (C) Creating Alarm. Intentionally create alarm, among
13residents of any community, by transmitting communications in
14any manner, including a telephone call whether or not
15conversation thereby ensues, with a design to induce any owner
16of residential real estate in this state to sell or lease his
17or her property because of any present or prospective entry
18into the vicinity of the property involved of any person or
19persons of any particular race, color, religion, national
20origin, ancestry, age, sex, sexual orientation, marital
21status, familial status or disability handicap.
22(Source: P.A. 93-1078, eff. 1-1-06.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.