HB4439 Engrossed LRB093 18234 WGH 43933 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 policy
8 of this State:
9     (A) Freedom from Unlawful Discrimination. To secure for all
10 individuals within Illinois the freedom from discrimination
11 against any individual because of his or her race, color,
12 religion, sex, national origin, ancestry, age, marital status,
13 physical or mental handicap, military status, or unfavorable
14 discharge from military service in connection with employment,
15 real estate transactions, access to financial credit, and the
16 availability of public accommodations.
17     (B) Freedom from Sexual Harassment-Employment and Higher
18 Education. To prevent sexual harassment in employment and
19 sexual harassment in higher education.
20     (C) Freedom from Discrimination Based on Citizenship
21 Status-Employment. To prevent discrimination based on
22 citizenship status in employment.
23     (D) Freedom from Discrimination Based on Familial Status or
24 Source of Income-Real Estate Transactions. To prevent
25 discrimination based on familial status or source of income in
26 real estate transactions.
27     (E) Public Health, Welfare and Safety. To promote the
28 public health, welfare and safety by protecting the interest of
29 all people in Illinois in maintaining personal dignity, in
30 realizing their full productive capacities, and in furthering
31 their interests, rights and privileges as citizens of this
32 State.

 

 

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1     (F) Implementation of Constitutional Guarantees. To secure
2 and guarantee the rights established by Sections 17, 18 and 19
3 of Article I of the Illinois Constitution of 1970.
4     (G) Equal Opportunity, Affirmative Action. To establish
5 Equal Opportunity and Affirmative Action as the policies of
6 this State in all of its decisions, programs and activities,
7 and to assure that all State departments, boards, commissions
8 and instrumentalities rigorously take affirmative action to
9 provide equality of opportunity and eliminate the effects of
10 past discrimination in the internal affairs of State government
11 and in their relations with the public.
12     (H) Unfounded Charges. To protect citizens of this State
13 against unfounded charges of unlawful discrimination, sexual
14 harassment in employment and sexual harassment in higher
15 education, and discrimination based on citizenship status in
16 employment.
17 (Source: P.A. 87-579; 88-178.)
 
18     (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
19     Sec. 1-103. General Definitions. When used in this Act,
20 unless the context requires otherwise, the term:
21     (A) Age. "Age" means the chronological age of a person who
22 is at least 40 years old, except with regard to any practice
23 described in Section 2-102, insofar as that practice concerns
24 training or apprenticeship programs. In the case of training or
25 apprenticeship programs, for the purposes of Section 2-102,
26 "age" means the chronological age of a person who is 18 but not
27 yet 40 years old.
28     (B) Aggrieved Party. "Aggrieved party" means a person who
29 is alleged or proved to have been injured by a civil rights
30 violation or believes he or she will be injured by a civil
31 rights violation under Article 3 that is about to occur.
32     (C) Charge. "Charge" means an allegation filed with the
33 Department by an aggrieved party or initiated by the Department
34 under its authority.
35     (D) Civil Rights Violation. "Civil rights violation"

 

 

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1 includes and shall be limited to only those specific acts set
2 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
3 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
4 Act.
5     (E) Commission. "Commission" means the Human Rights
6 Commission created by this Act.
7     (F) Complaint. "Complaint" means the formal pleading filed
8 by the Department with the Commission following an
9 investigation and finding of substantial evidence of a civil
10 rights violation.
11     (G) Complainant. "Complainant" means a person including
12 the Department who files a charge of civil rights violation
13 with the Department or the Commission.
14     (H) Department. "Department" means the Department of Human
15 Rights created by this Act.
16     (I) Handicap. "Handicap" means a determinable physical or
17 mental characteristic of a person, including, but not limited
18 to, a determinable physical characteristic which necessitates
19 the person's use of a guide, hearing or support dog, the
20 history of such characteristic, or the perception of such
21 characteristic by the person complained against, which may
22 result from disease, injury, congenital condition of birth or
23 functional disorder and which characteristic:
24         (1) For purposes of Article 2 is unrelated to the
25 person's ability to perform the duties of a particular job
26 or position and, pursuant to Section 2-104 of this Act, a
27 person's illegal use of drugs or alcohol is not a handicap;
28         (2) For purposes of Article 3, is unrelated to the
29 person's ability to acquire, rent or maintain a housing
30 accommodation;
31         (3) For purposes of Article 4, is unrelated to a
32 person's ability to repay;
33         (4) For purposes of Article 5, is unrelated to a
34 person's ability to utilize and benefit from a place of
35 public accommodation.
36     (I-5) Housing authority. "Housing authority" means either

 

 

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1 a housing authority created under the Housing Authorities Act
2 or other government agency that is authorized by the United
3 States government under the United States Housing Act of 1937
4 to administer a housing choice voucher program, or the
5 authorized agent of such a housing authority that is authorized
6 to act upon that authority's behalf.
7     (J) Marital Status. "Marital status" means the legal status
8 of being married, single, separated, divorced or widowed.
9     (J-1) Military Status. "Military status" means a person's
10 status on active duty in the armed forces of the United States.
11     (K) National Origin. "National origin" means the place in
12 which a person or one of his or her ancestors was born.
13     (L) Person. "Person" includes one or more individuals,
14 partnerships, associations or organizations, labor
15 organizations, labor unions, joint apprenticeship committees,
16 or union labor associations, corporations, the State of
17 Illinois and its instrumentalities, political subdivisions,
18 units of local government, legal representatives, trustees in
19 bankruptcy or receivers.
20     (M) Public Contract. "Public contract" includes every
21 contract to which the State, any of its political subdivisions
22 or any municipal corporation is a party.
23     (N) Religion. "Religion" includes all aspects of religious
24 observance and practice, as well as belief, except that with
25 respect to employers, for the purposes of Article 2, "religion"
26 has the meaning ascribed to it in paragraph (F) of Section
27 2-101.
28     (O) Sex. "Sex" means the status of being male or female.
29     (O-5) Source of Income. "Source of income" means any lawful
30 income, subsidy, or benefit with which an individual supports
31 himself or herself and his or her dependents, including, but
32 not limited to, child support, maintenance, and any federal,
33 State, or local public assistance, medical assistance, or
34 rental assistance program.
35     (P) Unfavorable Military Discharge. "Unfavorable military
36 discharge" includes discharges from the Armed Forces of the

 

 

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1 United States, their Reserve components or any National Guard
2 or Naval Militia which are classified as RE-3 or the equivalent
3 thereof, but does not include those characterized as RE-4 or
4 "Dishonorable".
5     (Q) Unlawful Discrimination. "Unlawful discrimination"
6 means discrimination against a person because of his or her
7 race, color, religion, national origin, ancestry, age, sex,
8 marital status, handicap, military status, or unfavorable
9 discharge from military service as those terms are defined in
10 this Section.
11 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
 
12     (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
13     Sec. 3-102. Civil Rights Violations; Real Estate
14 Transactions) It is a civil rights violation for an owner or
15 any other person engaging in a real estate transaction, or for
16 a real estate broker or salesman, because of unlawful
17 discrimination or familial status or source of income, to
18     (A) Transaction. Refuse to engage in a real estate
19 transaction with a person or to discriminate in making
20 available such a transaction;
21     (B) Terms. Alter the terms, conditions or privileges of a
22 real estate transaction or in the furnishing of facilities or
23 services in connection therewith;
24     (C) Offer. Refuse to receive or to fail to transmit a bona
25 fide offer to engage in a real estate transaction from a
26 person;
27     (D) Negotiation. Refuse to negotiate for a real estate
28 transaction with a person;
29     (E) Representations. Represent to a person that real
30 property is not available for inspection, sale, rental, or
31 lease when in fact it is so available, or to fail to bring a
32 property listing to his or her attention, or to refuse to
33 permit him or her to inspect real property;
34     (F) Publication of Intent. Print, circulate, post, mail,
35 publish or cause to be so published a written or oral

 

 

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1 statement, advertisement or sign, or to use a form of
2 application for a real estate transaction, or to make a record
3 or inquiry in connection with a prospective real estate
4 transaction, which expresses any limitation founded upon, or
5 indicates, directly or indirectly, an intent to engage in
6 unlawful discrimination;
7     (G) Listings. Offer, solicit, accept, use or retain a
8 listing of real property with knowledge that unlawful
9 discrimination or discrimination on the basis of familial
10 status in a real estate transaction is intended.
11     Nothing in this Section 3-102 or in any municipal or county
12 ordinance described in Section 7-108 of this Act shall require
13 a housing authority, its designated property manager, or any
14 other housing authority agents or assigns of any housing
15 development project in which 25% or more of the units are owned
16 by a housing authority or subject to a leasing agreement,
17 regulatory and operating agreement, or other similar
18 instrument with a housing authority to lease or rent another
19 unit of that same housing development project to an existing or
20 prospective tenant who is receiving subsidies, payment
21 assistance, contributions, or vouchers under or in connection
22 with the federal Housing Choice Voucher (also known as Section
23 8) program (42 U.S.C. 1437f) for payment of part or all of the
24 rent for the unit.
25     Nothing in this Section 3-102, except with respect to
26 written statements prohibited by subdivision (F) of this
27 Section, shall require or prevent any person whose property is
28 located in a municipality with fewer than 1,000,000
29 inhabitants, and is in a concentrated census tract where 3% of
30 the total housing stock in that census tract is occupied by
31 tenants relying on subsidies, payment assistance,
32 contributions, or vouchers under or in connection with the
33 federal Housing Choice Voucher (also known as Section 8)
34 program (42 U.S.C. 1437f) for payment of part of the rent for
35 the unit to lease or rent a unit to a prospective tenant who is
36 relying on such a subsidy, payment assistance, contribution, or

 

 

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1 voucher for payment of part or all of the rent for the unit.
2 The housing authority shall determine which census tracts
3 within its service area meet the concentrated census tract
4 exemption requirements and annually deliver that information
5 to the municipalities within its jurisdiction.
6     Nothing in this Section 3-102 prevents an owner or agent
7 from taking into consideration factors other than lawful source
8 of income such as credit history, criminal history, or
9 references.
10 (Source: P.A. 86-910.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.