Illinois General Assembly - Full Text of HB3010
Illinois General Assembly

Previous General Assemblies

Full Text of HB3010  97th General Assembly




HB3010 EnrolledLRB097 08316 AJO 48443 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"



HB3010 Enrolled- 2 -LRB097 08316 AJO 48443 b

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



HB3010 Enrolled- 3 -LRB097 08316 AJO 48443 b

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.



HB3010 Enrolled- 4 -LRB097 08316 AJO 48443 b

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 or an
4order of protection issued by a court of another state.
5    (L) Person. "Person" includes one or more individuals,
6partnerships, associations or organizations, labor
7organizations, labor unions, joint apprenticeship committees,
8or union labor associations, corporations, the State of
9Illinois and its instrumentalities, political subdivisions,
10units of local government, legal representatives, trustees in
11bankruptcy or receivers.
12    (M) Public Contract. "Public contract" includes every
13contract to which the State, any of its political subdivisions
14or any municipal corporation is a party.
15    (N) Religion. "Religion" includes all aspects of religious
16observance and practice, as well as belief, except that with
17respect to employers, for the purposes of Article 2, "religion"
18has the meaning ascribed to it in paragraph (F) of Section
20    (O) Sex. "Sex" means the status of being male or female.
21    (O-1) Sexual orientation. "Sexual orientation" means
22actual or perceived heterosexuality, homosexuality,
23bisexuality, or gender-related identity, whether or not
24traditionally associated with the person's designated sex at
25birth. "Sexual orientation" does not include a physical or
26sexual attraction to a minor by an adult.



HB3010 Enrolled- 5 -LRB097 08316 AJO 48443 b

1    (P) Unfavorable Military Discharge. "Unfavorable military
2discharge" includes discharges from the Armed Forces of the
3United States, their Reserve components or any National Guard
4or Naval Militia which are classified as RE-3 or the equivalent
5thereof, but does not include those characterized as RE-4 or
7    (Q) Unlawful Discrimination. "Unlawful discrimination"
8means discrimination against a person because of his or her
9race, color, religion, national origin, ancestry, age, sex,
10marital status, order of protection status, disability,
11military status, sexual orientation, or unfavorable discharge
12from military service as those terms are defined in this
14(Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07;
1595-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff.