Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 101-0565


 

Public Act 0565 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0565
 
SB1780 EnrolledLRB101 08639 LNS 53723 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 1-103, 2-103, 3-102, and 3-106 and by adding
Section 3-102.5 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:
    (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.
    (B-5) Arrest record. "Arrest record" means:
        (1) an arrest not leading to a conviction;
        (2) a juvenile record; or
        (3) criminal history record information ordered
    expunged, sealed, or impounded under Section 5.2 of the
    Criminal Identification Act.
    (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;
        (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.
    (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, Article
112A of the Code of Criminal Procedure of 1963, the Stalking No
Contact Order Act, or the Civil No Contact Order Act, 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.
    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
    (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, pregnancy, or unfavorable
discharge from military service as those terms are defined in
this Section.
(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
 
    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
    Sec. 2-103. Arrest Record.
    (A) Unless otherwise authorized by law, it is a civil
rights violation for any employer, employment agency or labor
organization to inquire into or to use the fact of an arrest or
criminal history record, as defined under subsection (B-5) of
Section 1-103, information ordered expunged, sealed or
impounded under Section 5.2 of the Criminal Identification Act
as a basis to refuse to hire, to segregate, or to act with
respect to recruitment, hiring, promotion, renewal of
employment, selection for training or apprenticeship,
discharge, discipline, tenure or terms, privileges or
conditions of employment. This Section does not prohibit a
State agency, unit of local government or school district, or
private organization from requesting or utilizing sealed
felony conviction information obtained from the Department of
State Police under the provisions of Section 3 of the Criminal
Identification Act or under other State or federal laws or
regulations that require criminal background checks in
evaluating the qualifications and character of an employee or a
prospective employee.
    (B) The prohibition against the use of the fact of an
arrest record, as defined under paragraph (1) of subsection
(B-5) of Section 1-103, contained in this Act Section shall not
be construed to prohibit an employer, employment agency, or
labor organization from obtaining or using other information
which indicates that a person actually engaged in the conduct
for which he or she was arrested.
(Source: P.A. 96-409, eff. 1-1-10.)
 
    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
    Sec. 3-102. Civil rights violations; real estate
transactions. It is a civil rights violation for an owner or
any other person engaging in a real estate transaction, or for
a real estate broker or salesman, because of unlawful
discrimination, or familial status, or an arrest record, as
defined under subsection (B-5) of Section 1-103, to:
        (A) Transaction. Refuse to engage in a real estate
    transaction with a person or to discriminate in making
    available such a transaction;
        (B) Terms. Alter the terms, conditions or privileges of
    a real estate transaction or in the furnishing of
    facilities or services in connection therewith;
        (C) Offer. Refuse to receive or to fail to transmit a
    bona fide offer to engage in a real estate transaction from
    a person;
        (D) Negotiation. Refuse to negotiate for a real estate
    transaction with a person;
        (E) Representations. Represent to a person that real
    property is not available for inspection, sale, rental, or
    lease when in fact it is so available, or to fail to bring
    a property listing to his or her attention, or to refuse to
    permit him or her to inspect real property;
        (F) Publication of Intent. Make, print, circulate,
    post, mail, publish or cause to be made, printed,
    circulated, posted, mailed, or published any notice,
    statement, advertisement or sign, or use a form of
    application for a real estate transaction, or make a record
    or inquiry in connection with a prospective real estate
    transaction, that indicates any preference, limitation, or
    discrimination based on unlawful discrimination or
    unlawful discrimination based on familial status or an
    arrest record, or an intention to make any such preference,
    limitation, or discrimination;
        (G) Listings. Offer, solicit, accept, use or retain a
    listing of real property with knowledge that unlawful
    discrimination or discrimination on the basis of familial
    status or an arrest record in a real estate transaction is
    intended.
(Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
    (775 ILCS 5/3-102.5 new)
    Sec. 3-102.5. Unlawful activity. The prohibition against
the use of an arrest record under Section 3-102 shall not
preclude an owner or any other person engaging in a real estate
transaction, or a real estate broker or salesman, from
prohibiting the tenant, a member of the tenant's household, or
a guest of the tenant from engaging in unlawful activity on the
premises.
 
    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
shall prohibit:
    (A) Private Sales of Single Family Homes.
        (1) Any sale of a single family home by its owner so
    long as the following criteria are met:
            (a) The owner does not own or have a beneficial
        interest in more than three single family homes at the
        time of the sale;
            (b) The owner or a member of his or her family was
        the last current resident of the home;
            (c) The home is sold without the use in any manner
        of the sales or rental facilities or services of any
        real estate broker or salesman, or of any employee or
        agent of any real estate broker or salesman;
            (d) The home is sold without the publication,
        posting or mailing, after notice, of any advertisement
        or written notice in violation of paragraph (F) of
        Section 3-102.
        (2) This exemption does not apply to paragraph (F) of
    Section 3-102.
    (B) Apartments. Rental of a housing accommodation in a
building which contains housing accommodations for not more
than 4 families living independently of each other, if the
owner resides in one of the housing accommodations. This
exemption does not apply to paragraph (F) of Section 3-102.
    (C) Private Rooms. Rental of a room or rooms in a private
home by an owner if he or she or a member of his or her family
resides therein or, while absent for a period of not more than
twelve months, if he or she or a member of his or her family
intends to return to reside therein.
    (D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a
dwelling.
    (E) Religious Organizations. A religious organization,
association, or society, or any nonprofit institution or
organization operated, supervised or controlled by or in
conjunction with a religious organization, association, or
society, from limiting the sale, rental or occupancy of a
dwelling which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion
is restricted on account of race, color, or national origin.
    (F) Sex. Restricting the rental of rooms in a housing
accommodation to persons of one sex.
    (G) Persons Convicted of Drug-Related Offenses. Conduct
against a person because such person has been convicted by any
court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section
102 of the federal Controlled Substances Act (21 U.S.C. 802).
    (H) Persons engaged in the business of furnishing
appraisals of real property from taking into consideration
factors other than those based on unlawful discrimination or
familial status in furnishing appraisals.
    (H-1) The owner of an owner-occupied residential building
with 4 or fewer units (including the unit in which the owner
resides) from making decisions regarding whether to rent to a
person based upon that person's sexual orientation.
    (I) Housing for Older Persons. No provision in this Article
regarding familial status shall apply with respect to housing
for older persons.
        (1) As used in this Section, "housing for older
    persons" means housing:
            (a) provided under any State or Federal program
        that the Department determines is specifically
        designed and operated to assist elderly persons (as
        defined in the State or Federal program); or
            (b) intended for, and solely occupied by, persons
        62 years of age or older; or
            (c) intended and operated for occupancy by persons
        55 years of age or older and:
                (i) at least 80% of the occupied units are
            occupied by at least one person who is 55 years of
            age or older;
                (ii) the housing facility or community
            publishes and adheres to policies and procedures
            that demonstrate the intent required under this
            subdivision (c); and
                (iii) the housing facility or community
            complies with rules adopted by the Department for
            verification of occupancy, which shall:
                    (aa) provide for verification by reliable
                surveys and affidavits; and
                    (bb) include examples of the types of
                policies and procedures relevant to a
                determination of compliance with the
                requirement of clause (ii).
        These surveys and affidavits shall be admissible in
    administrative and judicial proceedings for the purposes
    of such verification.
        (2) Housing shall not fail to meet the requirements for
    housing for older persons by reason of:
            (a) persons residing in such housing as of the
        effective date of this amendatory Act of 1989 who do
        not meet the age requirements of subsections (1)(b) or
        (c); provided, that new occupants of such housing meet
        the age requirements of subsections (1)(b) or (c) of
        this subsection; or
            (b) unoccupied units; provided, that such units
        are reserved for occupancy by persons who meet the age
        requirements of subsections (1)(b) or (c) of this
        subsection.
        (3) (a) A person shall not be held personally liable
        for monetary damages for a violation of this Article if
        the person reasonably relied, in good faith, on the
        application of the exemption under this subsection (I)
        relating to housing for older persons.
            (b) For the purposes of this item (3), a person may
        show good faith reliance on the application of the
        exemption only by showing that:
                (i) the person has no actual knowledge that the
            facility or community is not, or will not be,
            eligible for the exemption; and
                (ii) the facility or community has stated
            formally, in writing, that the facility or
            community complies with the requirements for the
            exemption.
    (J) Child Sex Offender Refusal to Rent. Refusal of a child
sex offender who owns and resides at residential real estate to
rent any residential unit within the same building in which he
or she resides to a person who is the parent or guardian of a
child or children under 18 years of age.
    (K) Arrest Records. Inquiry into or the use of an arrest
record if the inquiry or use is otherwise authorized by State
or federal law.
(Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
 
    Section 99. Effective date. This Act takes effect January
1, 2020.

Effective Date: 1/1/2020