HB3010 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3010

 

Introduced 2/23/2011, by Rep. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-103  from Ch. 68, par. 1-103

    Amends the Illinois Human Rights Act. Provides that the definition of "disability" also includes any mental, psychological, or developmental disability, including autism spectrum disorders.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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    "Disability" also includes any mental, psychological, or
12developmental disability, including autism spectrum disorders.
13    (J) Marital Status. "Marital status" means the legal status
14of being married, single, separated, divorced or widowed.
15    (J-1) Military Status. "Military status" means a person's
16status on active duty in or status as a veteran of the armed
17forces of the United States, status as a current member or
18veteran of any reserve component of the armed forces of the
19United States, including the United States Army Reserve, United
20States Marine Corps Reserve, United States Navy Reserve, United
21States Air Force Reserve, and United States Coast Guard
22Reserve, or status as a current member or veteran of the
23Illinois Army National Guard or Illinois Air National Guard.
24    (K) National Origin. "National origin" means the place in
25which a person or one of his or her ancestors was born.
26    (K-5) "Order of protection status" means a person's status

 

 

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1as being a person protected under an order of protection issued
2pursuant to the Illinois Domestic Violence Act of 1986 or an
3order of protection issued by a court of another state.
4    (L) Person. "Person" includes one or more individuals,
5partnerships, associations or organizations, labor
6organizations, labor unions, joint apprenticeship committees,
7or union labor associations, corporations, the State of
8Illinois and its instrumentalities, political subdivisions,
9units of local government, legal representatives, trustees in
10bankruptcy or receivers.
11    (M) Public Contract. "Public contract" includes every
12contract to which the State, any of its political subdivisions
13or any municipal corporation is a party.
14    (N) Religion. "Religion" includes all aspects of religious
15observance and practice, as well as belief, except that with
16respect to employers, for the purposes of Article 2, "religion"
17has the meaning ascribed to it in paragraph (F) of Section
182-101.
19    (O) Sex. "Sex" means the status of being male or female.
20    (O-1) Sexual orientation. "Sexual orientation" means
21actual or perceived heterosexuality, homosexuality,
22bisexuality, or gender-related identity, whether or not
23traditionally associated with the person's designated sex at
24birth. "Sexual orientation" does not include a physical or
25sexual attraction to a minor by an adult.
26    (P) Unfavorable Military Discharge. "Unfavorable military

 

 

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1discharge" includes discharges from the Armed Forces of the
2United States, their Reserve components or any National Guard
3or Naval Militia which are classified as RE-3 or the equivalent
4thereof, but does not include those characterized as RE-4 or
5"Dishonorable".
6    (Q) Unlawful Discrimination. "Unlawful discrimination"
7means discrimination against a person because of his or her
8race, color, religion, national origin, ancestry, age, sex,
9marital status, order of protection status, disability,
10military status, sexual orientation, or unfavorable discharge
11from military service as those terms are defined in this
12Section.
13(Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07;
1495-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff.
151-1-10.)