Illinois General Assembly - Full Text of HB3499
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Full Text of HB3499  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Jehan Gordon-Booth


775 ILCS 5/1-103  from Ch. 68, par. 1-103
775 ILCS 5/5-102.2

    Amends the Illinois Human Rights Act. Provides that the amendatory Act may be referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that "race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. Provides that, with respect to places of public accommodation, the Department of Human Rights has jurisdiction over the denial or refusal of the full and equal enjoyment of (rather than the denial of access to) facilities, goods, or services.

LRB102 13384 LNS 18728 b





HB3499LRB102 13384 LNS 18728 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 1. References to Act. This Act may be referred to
5as the CROWN (Create a Respectful and Open Workplace for
6Natural Hair) Act.
7    Section 5. The Illinois Human Rights Act is amended by
8changing Sections 1-103 and 5-102.2 as follows:
9    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
10    Sec. 1-103. General definitions. When used in this Act,
11unless the context requires otherwise, the term:
12    (A) Age. "Age" means the chronological age of a person who
13is at least 40 years old, except with regard to any practice
14described in Section 2-102, insofar as that practice concerns
15training or apprenticeship programs. In the case of training
16or apprenticeship programs, for the purposes of Section 2-102,
17"age" means the chronological age of a person who is 18 but not
18yet 40 years old.
19    (B) Aggrieved party. "Aggrieved party" means a person who
20is alleged or proved to have been injured by a civil rights
21violation or believes he or she will be injured by a civil
22rights violation under Article 3 that is about to occur.



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1    (B-5) Arrest record. "Arrest record" means:
2        (1) an arrest not leading to a conviction;
3        (2) a juvenile record; or
4        (3) criminal history record information ordered
5    expunged, sealed, or impounded under Section 5.2 of the
6    Criminal Identification Act.
7    (C) Charge. "Charge" means an allegation filed with the
8Department by an aggrieved party or initiated by the
9Department under its authority.
10    (D) Civil rights violation. "Civil rights violation"
11includes and shall be limited to only those specific acts set
12forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
133-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
146-101, and 6-102 of this Act.
15    (E) Commission. "Commission" means the Human Rights
16Commission created by this Act.
17    (F) Complaint. "Complaint" means the formal pleading filed
18by the Department with the Commission following an
19investigation and finding of substantial evidence of a civil
20rights violation.
21    (G) Complainant. "Complainant" means a person including
22the Department who files a charge of civil rights violation
23with the Department or the Commission.
24    (H) Department. "Department" means the Department of Human
25Rights created by this Act.
26    (I) Disability. "Disability" means a determinable physical



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1or mental characteristic of a person, including, but not
2limited to, a determinable physical characteristic which
3necessitates the person's use of a guide, hearing or support
4dog, the history of such characteristic, or the perception of
5such characteristic by the person complained against, which
6may result from disease, injury, congenital condition of birth
7or functional disorder and which characteristic:
8        (1) For purposes of Article 2, is unrelated to the
9    person's ability to perform the duties of a particular job
10    or position and, pursuant to Section 2-104 of this Act, a
11    person's illegal use of drugs or alcohol is not a
12    disability;
13        (2) For purposes of Article 3, is unrelated to the
14    person's ability to acquire, rent, or maintain a housing
15    accommodation;
16        (3) For purposes of Article 4, is unrelated to a
17    person's ability to repay;
18        (4) For purposes of Article 5, is unrelated to a
19    person's ability to utilize and benefit from a place of
20    public accommodation;
21        (5) For purposes of Article 5, also includes any
22    mental, psychological, or developmental disability,
23    including autism spectrum disorders.
24    (J) Marital status. "Marital status" means the legal
25status of being married, single, separated, divorced, or



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1    (J-1) Military status. "Military status" means a person's
2status on active duty in or status as a veteran of the armed
3forces of the United States, status as a current member or
4veteran of any reserve component of the armed forces of the
5United States, including the United States Army Reserve,
6United States Marine Corps Reserve, United States Navy
7Reserve, United States Air Force Reserve, and United States
8Coast Guard Reserve, or status as a current member or veteran
9of the Illinois Army National Guard or Illinois Air National
11    (K) National origin. "National origin" means the place in
12which a person or one of his or her ancestors was born.
13    (K-5) "Order of protection status" means a person's status
14as being a person protected under an order of protection
15issued pursuant to the Illinois Domestic Violence Act of 1986,
16Article 112A of the Code of Criminal Procedure of 1963, the
17Stalking No Contact Order Act, or the Civil No Contact Order
18Act, or an order of protection issued by a court of another
20    (L) Person. "Person" includes one or more individuals,
21partnerships, associations or organizations, labor
22organizations, labor unions, joint apprenticeship committees,
23or union labor associations, corporations, the State of
24Illinois and its instrumentalities, political subdivisions,
25units of local government, legal representatives, trustees in
26bankruptcy or receivers.



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1    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
2or medical or common conditions related to pregnancy or
4    (M) Public contract. "Public contract" includes every
5contract to which the State, any of its political
6subdivisions, or any municipal corporation is a party.
7    (M-5) Race. "Race" includes traits associated with race,
8including, but not limited to, hair texture and protective
9hairstyles such as braids, locks, and twists.
10    (N) Religion. "Religion" includes all aspects of religious
11observance and practice, as well as belief, except that with
12respect to employers, for the purposes of Article 2,
13"religion" has the meaning ascribed to it in paragraph (F) of
14Section 2-101.
15    (O) Sex. "Sex" means the status of being male or female.
16    (O-1) Sexual orientation. "Sexual orientation" means
17actual or perceived heterosexuality, homosexuality,
18bisexuality, or gender-related identity, whether or not
19traditionally associated with the person's designated sex at
20birth. "Sexual orientation" does not include a physical or
21sexual attraction to a minor by an adult.
22    (P) Unfavorable military discharge. "Unfavorable military
23discharge" includes discharges from the Armed Forces of the
24United States, their Reserve components, or any National Guard
25or Naval Militia which are classified as RE-3 or the
26equivalent thereof, but does not include those characterized



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1as RE-4 or "Dishonorable".
2    (Q) Unlawful discrimination. "Unlawful discrimination"
3means discrimination against a person because of his or her
4actual or perceived: race, color, religion, national origin,
5ancestry, age, sex, marital status, order of protection
6status, disability, military status, sexual orientation,
7pregnancy, or unfavorable discharge from military service as
8those terms are defined in this Section.
9(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
10101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
11    (775 ILCS 5/5-102.2)
12    Sec. 5-102.2. Jurisdiction limited. In regard to places of
13public accommodation defined in paragraph (11) of Section
145-101, the jurisdiction of the Department is limited to: (1)
15the failure to enroll an individual; (2) the denial or refusal
16of full and equal enjoyment of access to facilities, goods, or
17services; or (3) severe or pervasive harassment of an
18individual when the covered entity fails to take corrective
19action to stop the severe or pervasive harassment.
20(Source: P.A. 96-814, eff. 1-1-10.)