093_HB1352eng

 
HB1352 Engrossed                     LRB093 03883 DRJ 03918 b

 1        AN ACT in relation to 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, and 3-102 as follows:

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

21        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
22        Sec. 1-103.  General Definitions. When used in this  Act,
23    unless the context requires otherwise, the term:
24        (A)  Age.   "Age" means the chronological age of a person
25    who is at least 40 years  old,  except  with  regard  to  any
26    practice described in Section 2-102, insofar as that practice
27    concerns  training or apprenticeship programs. In the case of
28    training or apprenticeship  programs,  for  the  purposes  of
29    Section  2-102, "age" means the chronological age of a person
30    who is 18 but not yet 40 years old.
31        (B)  Aggrieved Party. "Aggrieved party"  means  a  person
32    who  is  alleged  or  proved  to have been injured by a civil
33    rights violation or believes he or she will be injured  by  a
 
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 1    civil  rights  violation  under  Article  3  that is about to
 2    occur.
 3        (C)  Charge. "Charge" means an allegation filed with  the
 4    Department   by  an  aggrieved  party  or  initiated  by  the
 5    Department under its authority.
 6        (D)  Civil Rights  Violation.  "Civil  rights  violation"
 7    includes and shall be limited to only those specific acts set
 8    forth  in  Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
 9    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
10    Act.
11        (E)  Commission.  "Commission"  means  the  Human  Rights
12    Commission created by this Act.
13        (F)  Complaint. "Complaint"  means  the  formal  pleading
14    filed  by  the  Department  with  the Commission following an
15    investigation and finding of substantial evidence of a  civil
16    rights violation.
17        (G)  Complainant.  "Complainant" means a person including
18    the Department who files a charge of civil  rights  violation
19    with the Department or the Commission.
20        (H)  Department.  "Department"  means  the  Department of
21    Human Rights created by this Act.
22        (I)  Handicap. "Handicap" means a  determinable  physical
23    or  mental  characteristic  of  a  person, including, but not
24    limited to,  a  determinable  physical  characteristic  which
25    necessitates  the person's use of a guide, hearing or support
26    dog, the history of such characteristic, or the perception of
27    such characteristic by the person complained  against,  which
28    may  result  from  disease,  injury,  congenital condition of
29    birth or functional disorder and which characteristic:
30             (1)  For purposes of Article 2 is unrelated  to  the
31        person's  ability  to  perform the duties of a particular
32        job or position and, pursuant to Section  2-104  of  this
33        Act,  a person's illegal use of drugs or alcohol is not a
34        handicap;
 
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 1             (2)  For purposes of Article 3, is unrelated to  the
 2        person's  ability  to acquire, rent or maintain a housing
 3        accommodation;
 4             (3)  For purposes of Article 4, is  unrelated  to  a
 5        person's ability to repay;
 6             (4)  For  purposes  of  Article 5, is unrelated to a
 7        person's ability to utilize and benefit from a  place  of
 8        public accommodation.
 9        (J)  Marital  Status.  "Marital  status"  means the legal
10    status of  being  married,  single,  separated,  divorced  or
11    widowed.
12        (J-1)  Military   Status.    "Military  status"  means  a
13    person's status on active duty in the  armed  forces  of  the
14    United States.
15        (K)  National  Origin.  "National origin" means the place
16    in which a person or one of his or her ancestors was born.
17        (L)  Person. "Person" includes one or  more  individuals,
18    partnerships,    associations    or    organizations,   labor
19    organizations, labor unions, joint apprenticeship committees,
20    or union  labor  associations,  corporations,  the  State  of
21    Illinois  and  its instrumentalities, political subdivisions,
22    units of local government, legal representatives, trustees in
23    bankruptcy or receivers.
24        (M)  Public Contract. "Public  contract"  includes  every
25    contract   to   which   the   State,  any  of  its  political
26    subdivisions or any municipal corporation is a party.
27        (N)  Religion.  "Religion"  includes   all   aspects   of
28    religious  observance and practice, as well as belief, except
29    that with respect to employers, for the purposes  of  Article
30    2, "religion" has the meaning ascribed to it in paragraph (F)
31    of Section 2-101.
32        (O)  Sex. "Sex" means the status of being male or female.
33        (O-5)  Source  of  Income.   "Source of income" means any
34    lawful income, subsidy, or benefit with which  an  individual
 
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 1    supports  himself  or  herself  and  his  or  her dependents,
 2    including, but not limited to,  child  support,  maintenance,
 3    and  any  federal, State, or local public assistance, medical
 4    assistance, or rental assistance program.
 5        (P)  Unfavorable   Military    Discharge.    "Unfavorable
 6    military discharge" includes discharges from the Armed Forces
 7    of  the  United  States,  their  Reserve  components  or  any
 8    National  Guard or Naval Militia which are classified as RE-3
 9    or  the  equivalent  thereof,  but  does  not  include  those
10    characterized as RE-4 or "Dishonorable".
11        (Q)  Unlawful Discrimination.  "Unlawful  discrimination"
12    means  discrimination  against a person because of his or her
13    race, color, religion, national origin, ancestry,  age,  sex,
14    marital  status,  handicap,  military  status, or unfavorable
15    discharge from military service as those terms are defined in
16    this Section.
17    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)

18        (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
19        Sec.  3-102.   Civil  Rights  Violations;   Real   Estate
20    Transactions)  It is a civil rights violation for an owner or
21    any  other  person  engaging in a real estate transaction, or
22    for a real estate broker or  salesman,  because  of  unlawful
23    discrimination or familial status or source of income, to
24        (A)  Transaction.   Refuse  to  engage  in  a real estate
25    transaction with  a  person  or  to  discriminate  in  making
26    available such a transaction;
27        (B)  Terms.  Alter the terms, conditions or privileges of
28    a  real estate transaction or in the furnishing of facilities
29    or services in connection therewith;
30        (C)  Offer. Refuse to receive or to fail  to  transmit  a
31    bona fide offer to engage in a real estate transaction from a
32    person;
33        (D)  Negotiation.   Refuse to negotiate for a real estate
 
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 1    transaction with a person;
 2        (E)  Representations.  Represent to a  person  that  real
 3    property  is  not  available for inspection, sale, rental, or
 4    lease when in fact it is so available, or to fail to bring  a
 5    property  listing  to  his  or her attention, or to refuse to
 6    permit him or her to inspect real property;
 7        (F)  Publication  of  Intent.   Print,  circulate,  post,
 8    mail, publish or cause to be so published a written  or  oral
 9    statement,  advertisement  or  sign,  or  to  use  a  form of
10    application for a real  estate  transaction,  or  to  make  a
11    record  or  inquiry  in  connection  with  a prospective real
12    estate transaction, which expresses  any  limitation  founded
13    upon,  or  indicates,  directly  or  indirectly, an intent to
14    engage in unlawful discrimination;
15        (G)  Listings.  Offer, solicit, accept, use or  retain  a
16    listing   of  real  property  with  knowledge  that  unlawful
17    discrimination or discrimination on  the  basis  of  familial
18    status in a real estate transaction is intended.
19        Nothing  in  this  Section, or in any municipal or county
20    ordinance described in Section 7-108 of  this  Act,  however,
21    prohibits the consideration of source of income in connection
22    with  any housing development project in which 25% or more of
23    the units either (i) are owned by a public housing  authority
24    or  (ii)  receive rental subsidies authorized under Section 8
25    of the United States Housing Act of 1937 or receive any other
26    local, State, or federal rental subsidy or benefit.
27    (Source: P.A. 86-910.)