Illinois General Assembly - Full Text of HB1352
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Full Text of HB1352  93rd General Assembly

HB1352ham001 93rd General Assembly


093_HB1352ham001

 










                                     LRB093 03883 DRJ 11505 a

 1                    AMENDMENT TO HOUSE BILL 1352

 2        AMENDMENT NO.     .  Amend House Bill 1352  by  replacing
 3    everything after the enacting clause with the following:

 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
 8    policy of this State:
 9        (A)  Freedom  from Unlawful Discrimination. To secure for
10    all   individuals   within   Illinois   the   freedom    from
11    discrimination  against  any individual because of his or her
12    race, color, religion, sex, national origin,  ancestry,  age,
13    marital status, physical or mental handicap, military status,
14    or  unfavorable discharge from military service in connection
15    with  employment,  real  estate   transactions,   access   to
16    financial    credit,   and   the   availability   of   public
17    accommodations.
18        (B)  Freedom from Sexual Harassment-Employment and Higher
19    Education. To prevent sexual  harassment  in  employment  and
20    sexual harassment in higher education.
21        (C)  Freedom  from  Discrimination  Based  on Citizenship
22    Status-Employment.  To  prevent   discrimination   based   on
 
                            -2-      LRB093 03883 DRJ 11505 a
 1    citizenship status in employment.
 2        (D)  Freedom from Discrimination Based on Familial Status
 3    or  Source  of  Income-Real  Estate Transactions.  To prevent
 4    discrimination based on familial status or source  of  income
 5    in real estate transactions.
 6        (E)  Public  Health,  Welfare  and Safety. To promote the
 7    public health, welfare and safety by protecting the  interest
 8    of all people in Illinois in maintaining personal dignity, in
 9    realizing their full productive capacities, and in furthering
10    their  interests,  rights  and privileges as citizens of this
11    State.
12        (F)  Implementation  of  Constitutional  Guarantees.   To
13    secure  and  guarantee the rights established by Sections 17,
14    18 and 19 of Article I of the Illinois Constitution of 1970.
15        (G)  Equal Opportunity, Affirmative Action. To  establish
16    Equal  Opportunity  and Affirmative Action as the policies of
17    this State in all of its decisions, programs and  activities,
18    and to assure that all State departments, boards, commissions
19    and  instrumentalities  rigorously take affirmative action to
20    provide equality of opportunity and eliminate the effects  of
21    past   discrimination   in  the  internal  affairs  of  State
22    government and in their relations with the public.
23        (H)  Unfounded Charges. To protect citizens of this State
24    against unfounded charges of unlawful discrimination,  sexual
25    harassment  in  employment  and  sexual  harassment in higher
26    education, and discrimination based on citizenship status  in
27    employment.
28    (Source: P.A. 87-579; 88-178.)

29        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
30        Sec.  1-103.  General Definitions. When used in this Act,
31    unless the context requires otherwise, the term:
32        (A)  Age.  "Age" means the chronological age of a  person
33    who  is  at  least  40  years  old, except with regard to any
 
                            -3-      LRB093 03883 DRJ 11505 a
 1    practice described in Section 2-102, insofar as that practice
 2    concerns training or apprenticeship programs. In the case  of
 3    training  or  apprenticeship  programs,  for  the purposes of
 4    Section 2-102, "age" means the chronological age of a  person
 5    who is 18 but not yet 40 years old.
 6        (B)  Aggrieved  Party.  "Aggrieved  party" means a person
 7    who is alleged or proved to have  been  injured  by  a  civil
 8    rights  violation  or believes he or she will be injured by a
 9    civil rights violation under  Article  3  that  is  about  to
10    occur.
11        (C)  Charge.  "Charge" means an allegation filed with the
12    Department  by  an  aggrieved  party  or  initiated  by   the
13    Department under its authority.
14        (D)  Civil  Rights  Violation.  "Civil  rights violation"
15    includes and shall be limited to only those specific acts set
16    forth in Sections 2-102, 2-103, 2-105, 3-102,  3-103,  3-104,
17    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
18    Act.
19        (E)  Commission.  "Commission"  means  the  Human  Rights
20    Commission created by this Act.
21        (F)  Complaint.  "Complaint"  means  the  formal pleading
22    filed by the Department  with  the  Commission  following  an
23    investigation  and finding of substantial evidence of a civil
24    rights violation.
25        (G)  Complainant. "Complainant" means a person  including
26    the  Department  who files a charge of civil rights violation
27    with the Department or the Commission.
28        (H)  Department. "Department"  means  the  Department  of
29    Human Rights created by this Act.
30        (I)  Handicap.  "Handicap"  means a determinable physical
31    or mental characteristic of  a  person,  including,  but  not
32    limited  to,  a  determinable  physical  characteristic which
33    necessitates the person's use of a guide, hearing or  support
34    dog, the history of such characteristic, or the perception of
 
                            -4-      LRB093 03883 DRJ 11505 a
 1    such  characteristic  by the person complained against, which
 2    may result from  disease,  injury,  congenital  condition  of
 3    birth or functional disorder and which characteristic:
 4             (1)  For  purposes  of Article 2 is unrelated to the
 5        person's ability to perform the duties  of  a  particular
 6        job  or  position  and, pursuant to Section 2-104 of this
 7        Act, a person's illegal use of drugs or alcohol is not  a
 8        handicap;
 9             (2)  For  purposes of Article 3, is unrelated to the
10        person's ability to acquire, rent or maintain  a  housing
11        accommodation;
12             (3)  For  purposes  of  Article 4, is unrelated to a
13        person's ability to repay;
14             (4)  For purposes of Article 5, is  unrelated  to  a
15        person's  ability  to utilize and benefit from a place of
16        public accommodation.
17        (J)  Marital Status. "Marital  status"  means  the  legal
18    status  of  being  married,  single,  separated,  divorced or
19    widowed.
20        (J-1)  Military  Status.   "Military  status"   means   a
21    person's  status  on  active  duty in the armed forces of the
22    United States.
23        (K)  National Origin. "National origin" means  the  place
24    in which a person or one of his or her ancestors was born.
25        (L)  Person.  "Person"  includes one or more individuals,
26    partnerships,   associations    or    organizations,    labor
27    organizations, labor unions, joint apprenticeship committees,
28    or  union  labor  associations,  corporations,  the  State of
29    Illinois and its instrumentalities,  political  subdivisions,
30    units of local government, legal representatives, trustees in
31    bankruptcy or receivers.
32        (M)  Public  Contract.  "Public  contract" includes every
33    contract  to  which  the  State,   any   of   its   political
34    subdivisions or any municipal corporation is a party.
 
                            -5-      LRB093 03883 DRJ 11505 a
 1        (N)  Religion.   "Religion"   includes   all  aspects  of
 2    religious observance and practice, as well as belief,  except
 3    that  with  respect to employers, for the purposes of Article
 4    2, "religion" has the meaning ascribed to it in paragraph (F)
 5    of Section 2-101.
 6        (O)  Sex. "Sex" means the status of being male or female.
 7        (O-5)  Source of Income.  "Source of  income"  means  any
 8    lawful  income,  subsidy, or benefit with which an individual
 9    supports himself  or  herself  and  his  or  her  dependents,
10    including,  but  not  limited to, child support, maintenance,
11    and any federal, State, or local public  assistance,  medical
12    assistance, or rental assistance program.
13        (P)  Unfavorable    Military    Discharge.   "Unfavorable
14    military discharge" includes discharges from the Armed Forces
15    of  the  United  States,  their  Reserve  components  or  any
16    National Guard or Naval Militia which are classified as  RE-3
17    or  the  equivalent  thereof,  but  does  not  include  those
18    characterized as RE-4 or "Dishonorable".
19        (Q)  Unlawful  Discrimination.  "Unlawful discrimination"
20    means discrimination against a person because of his  or  her
21    race,  color,  religion, national origin, ancestry, age, sex,
22    marital status, handicap,  military  status,  or  unfavorable
23    discharge from military service as those terms are defined in
24    this Section.
25    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)

26        (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
27        Sec.   3-102.   Civil  Rights  Violations;   Real  Estate
28    Transactions)  It is a civil rights violation for an owner or
29    any other person engaging in a real  estate  transaction,  or
30    for  a  real  estate  broker or salesman, because of unlawful
31    discrimination or familial status or source of income, to
32        (A)  Transaction.  Refuse to  engage  in  a  real  estate
33    transaction  with  a  person  or  to  discriminate  in making
 
                            -6-      LRB093 03883 DRJ 11505 a
 1    available such a transaction;
 2        (B)  Terms.  Alter the terms, conditions or privileges of
 3    a real estate transaction or in the furnishing of  facilities
 4    or services in connection therewith;
 5        (C)  Offer.  Refuse  to  receive or to fail to transmit a
 6    bona fide offer to engage in a real estate transaction from a
 7    person;
 8        (D)  Negotiation.  Refuse to negotiate for a real  estate
 9    transaction with a person;
10        (E)  Representations.   Represent  to  a person that real
11    property is not available for inspection,  sale,  rental,  or
12    lease  when in fact it is so available, or to fail to bring a
13    property listing to his or her attention,  or  to  refuse  to
14    permit him or her to inspect real property;
15        (F)  Publication  of  Intent.   Print,  circulate,  post,
16    mail,  publish  or cause to be so published a written or oral
17    statement, advertisement  or  sign,  or  to  use  a  form  of
18    application  for  a  real  estate  transaction,  or to make a
19    record or inquiry  in  connection  with  a  prospective  real
20    estate  transaction,  which  expresses any limitation founded
21    upon, or indicates, directly  or  indirectly,  an  intent  to
22    engage in unlawful discrimination;
23        (G)  Listings.   Offer,  solicit, accept, use or retain a
24    listing  of  real  property  with  knowledge  that   unlawful
25    discrimination  or  discrimination  on  the basis of familial
26    status in a real estate transaction is intended.
27    (Source: P.A. 86-910.)".