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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4188
Introduced 11/3/2005, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/1-101.1 |
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775 ILCS 5/1-102 |
from Ch. 68, par. 1-102 |
775 ILCS 5/1-103 |
from Ch. 68, par. 1-103 |
775 ILCS 5/7-113 new |
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Amends the Illinois Human Rights Act. Includes the status of ex-offender in the definition of unlawful discrimination under the Act. Defines ex-offender. Contains provisions regarding construction with other laws. Provides that the Department of Human Rights shall research, document, and establish guidelines for eliminating discrimination by public and private institutions in employment, education, housing, and lending practices associated with the status of being an ex-offender and shall annually report its findings and recommendations to the Governor and General Assembly.
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A BILL FOR
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HB4188 |
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LRB094 14309 RLC 49228 b |
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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by |
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| changing Sections 1-101.1, 1-102 and 1-103 and by adding |
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| Section 7-113 as follows: |
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| (775 ILCS 5/1-101.1)
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| Sec. 1-101.1. Construction.
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| (a) Nothing in this Act shall be construed as
requiring any |
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| employer, employment agency, or labor organization to give
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| preferential treatment or special rights based on sexual |
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| orientation or to
implement affirmative action policies or |
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| programs based on sexual
orientation.
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| (b) Nothing in this Act shall be construed to supersede any |
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| other law of this State that: (1) restricts or prohibits the |
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| employment or licensing of some or all ex-offenders in |
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| particular occupations or positions; (2) restricts or |
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| prohibits some or all ex-offenders from residing in or being |
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| present at particular locations or places; or (3) places other |
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| restrictions or prohibitions upon some or all ex-offenders.
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| (Source: P.A. 93-1078, eff. 1-1-06.) |
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| Sec. 1-102. Declaration of Policy. It is the public policy |
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| of this State:
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| (A) Freedom from Unlawful Discrimination. To secure for all |
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| individuals
within Illinois the freedom from discrimination |
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| against any individual because
of his or her race, color, |
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| religion, sex, national origin, ancestry, age,
marital status, |
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| physical or mental handicap, military
status, sexual |
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| orientation, or unfavorable
discharge from military service , |
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| or status as an ex-offender in connection with employment, real |
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HB4188 |
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LRB094 14309 RLC 49228 b |
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| estate
transactions, access to financial credit, and the |
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| availability of public
accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher |
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| Education.
To prevent sexual harassment in employment and |
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| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship |
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| Status-Employment.
To prevent discrimination based on |
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| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial |
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| Status-Real Estate
Transactions. To prevent discrimination |
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| based on familial status in real
estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the |
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| public health,
welfare and safety by protecting the interest of |
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| all people in Illinois
in maintaining personal dignity, in |
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| realizing their full productive
capacities, and in furthering |
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| their interests, rights and privileges as
citizens of this |
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| State.
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| (F) Implementation of Constitutional Guarantees. To secure |
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| and
guarantee the rights established by Sections 17, 18 and 19 |
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| of Article I
of the Illinois Constitution of 1970.
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| (G) Equal Opportunity, Affirmative Action. To establish |
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| Equal
Opportunity and Affirmative Action as the policies of |
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| this State in all
of its decisions, programs and activities, |
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| and to assure that all State
departments, boards, commissions |
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| and instrumentalities rigorously take
affirmative action to |
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| provide equality of opportunity and eliminate the
effects of |
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| past discrimination in the internal affairs of State
government |
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| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State |
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| against
unfounded charges of unlawful discrimination, sexual |
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| harassment in
employment and sexual harassment in higher |
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| education, and discrimination
based on citizenship status in |
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| employment.
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| (Source: P.A. 93-1078, eff. 1-1-06.)
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| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) |
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HB4188 |
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LRB094 14309 RLC 49228 b |
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| Sec. 1-103. General Definitions. When used in this Act, |
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| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who |
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| is at least
40 years old, except with regard to any practice |
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| described in Section
2-102, insofar as that practice concerns |
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| training or apprenticeship
programs. In the case of training or |
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| apprenticeship programs, for the
purposes of Section 2-102, |
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| "age" means the chronological age of a person
who is 18 but not |
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| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who |
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| is alleged
or proved to have been injured by a civil rights |
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| violation or believes he
or she will be injured by a civil |
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| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the |
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| Department
by an aggrieved party or initiated by the Department |
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| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" |
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| includes and
shall be limited to only those specific acts set |
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| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, |
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| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this |
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| Act.
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| (E) Commission. "Commission" means the Human Rights |
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| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed |
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| by
the Department with the Commission following an |
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| investigation and
finding of substantial evidence of a civil |
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| rights violation.
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| (G) Complainant. "Complainant" means a person including |
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| the
Department who files a charge of civil rights violation |
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| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human |
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| Rights
created by this Act.
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| (H-1) Ex-offender. "Ex-offender" means a person who has |
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| been convicted of or placed on supervision for an offense as |
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| defined in Section 5-1-15 of the Unified Code of Corrections |
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| and who has been released from confinement in a penal |
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HB4188 |
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LRB094 14309 RLC 49228 b |
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| institution as defined in Section 2-14 of the Criminal Code of |
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| 1961 and includes a person who is serving a term of probation, |
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| parole, or mandatory supervised release.
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| (I) Handicap. "Handicap" means a determinable physical or |
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| mental
characteristic of a person, including, but not limited |
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| to, a determinable
physical characteristic which necessitates |
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| the person's use of a guide,
hearing or support dog, the |
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| history of such characteristic, or the
perception of such |
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| characteristic by the person complained against, which
may |
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| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the |
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| person's ability
to perform the duties of a particular job |
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| or position and, pursuant to
Section 2-104 of this Act, a |
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| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the |
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| person's ability
to acquire, rent or maintain a housing |
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| accommodation;
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| (3) For purposes of Article 4, is unrelated to a |
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| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a |
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| person's ability to
utilize and benefit from a place of |
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| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status |
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| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's |
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| status on
active duty in the armed forces of the United States, |
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| status as a current member of any
reserve component of the |
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| armed forces of the United States, including the United
States |
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| Army Reserve, United States Marine Corps Reserve, United States |
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| Navy
Reserve, United States Air Force Reserve, and United |
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| States Coast Guard
Reserve, or status as a current member of |
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| the Illinois Army National Guard or Illinois Air National
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| Guard.
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| (K) National Origin. "National origin" means the place in |
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| which a
person or one of his or her ancestors was born.
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HB4188 |
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LRB094 14309 RLC 49228 b |
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| (L) Person. "Person" includes one or more individuals, |
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| partnerships,
associations or organizations, labor |
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| organizations, labor unions, joint
apprenticeship committees, |
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| or union labor associations, corporations, the
State of |
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| Illinois and its instrumentalities, political subdivisions, |
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| units
of local government, legal representatives, trustees in |
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| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every |
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| contract to which the
State, any of its political subdivisions |
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| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious |
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| observance
and practice, as well as belief, except that with |
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| respect to employers, for
the purposes of Article 2, "religion" |
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| has the meaning ascribed to it in
paragraph (F) of Section |
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| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means |
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| actual or
perceived heterosexuality, homosexuality, |
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| bisexuality, or gender-related identity,
whether or not |
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| traditionally associated with the person's designated sex at
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| birth. "Sexual orientation" does not include a physical or |
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| sexual attraction to a minor by an adult.
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| (P) Unfavorable Military Discharge. "Unfavorable military |
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| discharge"
includes discharges from the Armed Forces of the |
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| United States, their
Reserve components or any National Guard |
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| or Naval Militia which are
classified as RE-3 or the equivalent |
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| thereof, but does not include those
characterized as RE-4 or |
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| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" |
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| means discrimination
against a person because of his or her |
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| race, color, religion, national origin,
ancestry, age, sex, |
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| marital status, handicap, military status, sexual
orientation,
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| or unfavorable
discharge from military service , or status as an |
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| ex-offender as those terms are defined in this Section.
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| (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06.)
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HB4188 |
- 6 - |
LRB094 14309 RLC 49228 b |
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|
1 |
| (775 ILCS 5/7-113 new)
|
2 |
| Sec. 7-113. Ex-offenders. The Department of Human Rights |
3 |
| shall research, document, and establish guidelines for |
4 |
| eliminating discrimination by public and private institutions |
5 |
| in employment, education, housing, and lending practices |
6 |
| associated with the status of being an ex-offender and shall |
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| annually report its findings and recommendations to the |
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| Governor and General Assembly.
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