093_SB1196

 
                                     LRB093 06204 WGH 06314 b

 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 Section 1-103 as follows:

 6        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
 7        Sec.  1-103.  General Definitions. When used in this Act,
 8    unless the context requires otherwise, the term:
 9        (A)  Age.  "Age" means the chronological age of a  person
10    who  is  at  least  40  years  old, except with regard to any
11    practice described in Section 2-102, insofar as that practice
12    concerns training or apprenticeship programs. In the case  of
13    training  or  apprenticeship  programs,  for  the purposes of
14    Section 2-102, "age" means the chronological age of a  person
15    who is 18 but not yet 40 years old.
16        (B)  Aggrieved  Party.  "Aggrieved  party" means a person
17    who is alleged or proved to have  been  injured  by  a  civil
18    rights  violation  or believes he or she will be injured by a
19    civil rights violation under  Article  3  that  is  about  to
20    occur.
21        (C)  Charge.  "Charge" means an allegation filed with the
22    Department  by  an  aggrieved  party  or  initiated  by   the
23    Department under its authority.
24        (D)  Civil  Rights  Violation.  "Civil  rights violation"
25    includes and shall be limited to only those specific acts set
26    forth in Sections 2-102, 2-103, 2-105, 3-102,  3-103,  3-104,
27    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
28    Act.
29        (E)  Commission.  "Commission"  means  the  Human  Rights
30    Commission created by this Act.
31        (F)  Complaint.  "Complaint"  means  the  formal pleading



 
                            -2-      LRB093 06204 WGH 06314 b
 1    filed by the Department  with  the  Commission  following  an
 2    investigation  and finding of substantial evidence of a civil
 3    rights violation.
 4        (G)  Complainant. "Complainant" means a person  including
 5    the  Department  who files a charge of civil rights violation
 6    with the Department or the Commission.
 7        (H)  Department. "Department"  means  the  Department  of
 8    Human Rights created by this Act.
 9        (I)  Handicap.  "Handicap"  means a determinable physical
10    or mental characteristic of  a  person,  including,  but  not
11    limited  to,  a  determinable  physical  characteristic which
12    necessitates the person's use of a guide, hearing or  support
13    dog, the history of such characteristic, or the perception of
14    such  characteristic  by the person complained against, which
15    may result from  disease,  injury,  congenital  condition  of
16    birth or functional disorder and which characteristic:
17             (1)  For  purposes  of Article 2 is unrelated to the
18        person's ability to perform the duties  of  a  particular
19        job  or  position  and, pursuant to Section 2-104 of this
20        Act, a person's illegal use of drugs or alcohol is not  a
21        handicap;
22             (2)  For  purposes of Article 3, is unrelated to the
23        person's ability to acquire, rent or maintain  a  housing
24        accommodation;
25             (3)  For  purposes  of  Article 4, is unrelated to a
26        person's ability to repay;
27             (4)  For purposes of Article 5, is  unrelated  to  a
28        person's  ability  to utilize and benefit from a place of
29        public accommodation.
30        (J)  Marital Status. "Marital  status"  means  the  legal
31    status  of  being  married,  single,  separated,  divorced or
32    widowed.
33        (J-1)  Military  Status.   "Military  status"   means   a
34    person's  status  on  active  duty in the armed forces of the
 
                            -3-      LRB093 06204 WGH 06314 b
 1    United States.
 2        (K)  National Origin. "National origin" means  the  place
 3    in which a person or one of his or her ancestors was born.
 4        (L)  Person.  "Person"  includes one or more individuals,
 5    partnerships,   associations    or    organizations,    labor
 6    organizations, labor unions, joint apprenticeship committees,
 7    or  union  labor  associations,  corporations,  the  State of
 8    Illinois and its instrumentalities,  political  subdivisions,
 9    units of local government, legal representatives, trustees in
10    bankruptcy or receivers.
11        (M)  Public  Contract.  "Public  contract" includes every
12    contract  to  which  the  State,   any   of   its   political
13    subdivisions or any municipal corporation is a party.
14        (N)  Religion.   "Religion"   includes   all  aspects  of
15    religious observance and practice, as well as belief,  except
16    that  with  respect to employers, for the purposes of Article
17    2, "religion" has the meaning ascribed to it in paragraph (F)
18    of Section 2-101.
19        (O)  Sex. "Sex" means the status of being male or female.
20    "Because of sex" includes, but is not limited to, because  of
21    pregnancy,  childbirth,  or  related  medical conditions; and
22    women affected by pregnancy, childbirth, or  related  medical
23    conditions    shall    be    treated   the   same   for   all
24    employment-related purposes, including  receipt  of  benefits
25    under  fringe  benefit  programs,  as  other  persons  not so
26    affected but similar in their ability or inability to work.
27        (P)  Unfavorable   Military    Discharge.    "Unfavorable
28    military discharge" includes discharges from the Armed Forces
29    of  the  United  States,  their  Reserve  components  or  any
30    National  Guard or Naval Militia which are classified as RE-3
31    or  the  equivalent  thereof,  but  does  not  include  those
32    characterized as RE-4 or "Dishonorable".
33        (Q)  Unlawful Discrimination.  "Unlawful  discrimination"
34    means  discrimination  against a person because of his or her
 
                            -4-      LRB093 06204 WGH 06314 b
 1    race, color, religion, national origin, ancestry,  age,  sex,
 2    marital  status,  handicap,  military  status, or unfavorable
 3    discharge from military service as those terms are defined in
 4    this Section.
 5    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)