Illinois General Assembly - Full Text of HB3884
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Full Text of HB3884  101st General Assembly




State of Illinois
2019 and 2020


Introduced 10/17/2019, by Rep. Jehan Gordon-Booth


775 ILCS 5/1-103  from Ch. 68, par. 1-103

    Amends the Illinois Human Rights Act. Provides that "race", as used in the Employment and Elementary, Secondary, and Higher Education Articles, includes traits historically associated with races, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.

LRB101 13288 LNS 62130 b





HB3884LRB101 13288 LNS 62130 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing 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,
8unless the context requires otherwise, the term:
9    (A) Age. "Age" means the chronological age of a person who
10is at least 40 years old, except with regard to any practice
11described in Section 2-102, insofar as that practice concerns
12training or apprenticeship programs. In the case of training or
13apprenticeship programs, for the purposes of Section 2-102,
14"age" means the chronological age of a person who is 18 but not
15yet 40 years old.
16    (B) Aggrieved party. "Aggrieved party" means a person who
17is alleged or proved to have been injured by a civil rights
18violation or believes he or she will be injured by a civil
19rights violation under Article 3 that is about to occur.
20    (C) Charge. "Charge" means an allegation filed with the
21Department by an aggrieved party or initiated by the Department
22under its authority.
23    (D) Civil rights violation. "Civil rights violation"



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1includes and shall be limited to only those specific acts set
2forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
33-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
46-101, and 6-102 of this Act.
5    (E) Commission. "Commission" means the Human Rights
6Commission created by this Act.
7    (F) Complaint. "Complaint" means the formal pleading filed
8by the Department with the Commission following an
9investigation and finding of substantial evidence of a civil
10rights violation.
11    (G) Complainant. "Complainant" means a person including
12the Department who files a charge of civil rights violation
13with the Department or the Commission.
14    (H) Department. "Department" means the Department of Human
15Rights created by this Act.
16    (I) Disability. "Disability" means a determinable physical
17or mental characteristic of a person, including, but not
18limited to, a determinable physical characteristic which
19necessitates the person's use of a guide, hearing or support
20dog, the history of such characteristic, or the perception of
21such characteristic by the person complained against, which may
22result from disease, injury, congenital condition of birth or
23functional 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



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1    person's illegal use of drugs or alcohol is not a
2    disability;
3        (2) For purposes of Article 3, is unrelated to the
4    person's ability to acquire, rent, or maintain a housing
5    accommodation;
6        (3) For purposes of Article 4, is unrelated to a
7    person's ability to repay;
8        (4) For purposes of Article 5, is unrelated to a
9    person's ability to utilize and benefit from a place of
10    public accommodation;
11        (5) For purposes of Article 5, also includes any
12    mental, psychological, or developmental disability,
13    including autism spectrum disorders.
14    (J) Marital status. "Marital status" means the legal status
15of being married, single, separated, divorced, or widowed.
16    (J-1) Military status. "Military status" means a person's
17status on active duty in or status as a veteran of the armed
18forces of the United States, status as a current member or
19veteran of any reserve component of the armed forces of the
20United States, including the United States Army Reserve, United
21States Marine Corps Reserve, United States Navy Reserve, United
22States Air Force Reserve, and United States Coast Guard
23Reserve, or status as a current member or veteran of the
24Illinois Army National Guard or Illinois Air National Guard.
25    (K) National origin. "National origin" means the place in
26which a person or one of his or her ancestors was born.



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1    (K-5) "Order of protection status" means a person's status
2as being a person protected under an order of protection issued
3pursuant to the Illinois Domestic Violence Act of 1986, Article
4112A of the Code of Criminal Procedure of 1963, the Stalking No
5Contact Order Act, or the Civil No Contact Order Act, or an
6order of protection issued by a court of another state.
7    (L) Person. "Person" includes one or more individuals,
8partnerships, associations or organizations, labor
9organizations, labor unions, joint apprenticeship committees,
10or union labor associations, corporations, the State of
11Illinois and its instrumentalities, political subdivisions,
12units of local government, legal representatives, trustees in
13bankruptcy or receivers.
14    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
15or medical or common conditions related to pregnancy or
17    (M) Public contract. "Public contract" includes every
18contract to which the State, any of its political subdivisions,
19or any municipal corporation is a party.
20    (N) Religion. "Religion" includes all aspects of religious
21observance and practice, as well as belief, except that with
22respect to employers, for the purposes of Article 2, "religion"
23has the meaning ascribed to it in paragraph (F) of Section
25    (O) Sex. "Sex" means the status of being male or female.
26    (O-1) Sexual orientation. "Sexual orientation" means



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1actual or perceived heterosexuality, homosexuality,
2bisexuality, or gender-related identity, whether or not
3traditionally associated with the person's designated sex at
4birth. "Sexual orientation" does not include a physical or
5sexual attraction to a minor by an adult.
6    (P) Unfavorable military discharge. "Unfavorable military
7discharge" includes discharges from the Armed Forces of the
8United States, their Reserve components, or any National Guard
9or Naval Militia which are classified as RE-3 or the equivalent
10thereof, but does not include those characterized as RE-4 or
12    (Q) Unlawful discrimination. "Unlawful discrimination"
13means discrimination against a person because of his or her
14race, color, religion, national origin, ancestry, age, sex,
15marital status, order of protection status, disability,
16military status, sexual orientation, pregnancy, or unfavorable
17discharge from military service as those terms are defined in
18this Section. As used in Articles 2 and 5A of this Act, "race"
19includes traits historically associated with race, including,
20but not limited to, hair texture and protective hairstyles such
21as braids, locks, and twists.
22(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)