Illinois General Assembly - Full Text of HB0008
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Full Text of HB0008  98th General Assembly


Rep. Barbara Wheeler

Filed: 4/3/2014





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2    AMENDMENT NO. ______. Amend House Bill 8, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Human Rights Act is amended by
6changing Sections 1-103 and 2-102 as follows:
7    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
8    Sec. 1-103. General Definitions. When used in this Act,
9unless the context requires otherwise, the term:
10    (A) Age. "Age" means the chronological age of a person who
11is at least 40 years old, except with regard to any practice
12described in Section 2-102, insofar as that practice concerns
13training or apprenticeship programs. In the case of training or
14apprenticeship programs, for the purposes of Section 2-102,
15"age" means the chronological age of a person who is 18 but not
16yet 40 years old.



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1    (B) Aggrieved Party. "Aggrieved party" means a person who
2is alleged or proved to have been injured by a civil rights
3violation or believes he or she will be injured by a civil
4rights violation under Article 3 that is about to occur.
5    (C) Charge. "Charge" means an allegation filed with the
6Department by an aggrieved party or initiated by the Department
7under its authority.
8    (D) Civil Rights Violation. "Civil rights violation"
9includes and shall be limited to only those specific acts set
10forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
113-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
126-101, and 6-102 of this Act.
13    (E) Commission. "Commission" means the Human Rights
14Commission created by this Act.
15    (F) Complaint. "Complaint" means the formal pleading filed
16by the Department with the Commission following an
17investigation and finding of substantial evidence of a civil
18rights violation.
19    (G) Complainant. "Complainant" means a person including
20the Department who files a charge of civil rights violation
21with the Department or the Commission.
22    (H) Department. "Department" means the Department of Human
23Rights created by this Act.
24    (I) Disability. "Disability" means a determinable physical
25or mental characteristic of a person, including, but not
26limited to, a determinable physical characteristic which



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1necessitates the person's use of a guide, hearing or support
2dog, the history of such characteristic, or the perception of
3such characteristic by the person complained against, which may
4result from disease, injury, congenital condition of birth or
5functional disorder and which characteristic:
6        (1) For purposes of Article 2 is unrelated to the
7    person's ability to perform the duties of a particular job
8    or position and, pursuant to Section 2-104 of this Act, a
9    person's illegal use of drugs or alcohol is not a
10    disability;
11        (1.5) For purposes of Article 2, includes restrictions
12    caused by pregnancy, childbirth, or related medical
13    conditions;
14        (2) For purposes of Article 3, is unrelated to the
15    person's ability to acquire, rent or maintain a housing
16    accommodation;
17        (3) For purposes of Article 4, is unrelated to a
18    person's ability to repay;
19        (4) For purposes of Article 5, is unrelated to a
20    person's ability to utilize and benefit from a place of
21    public accommodation;
22        (5) For purposes of Article 5, also includes any
23    mental, psychological, or developmental disability,
24    including autism spectrum disorders.
25    (J) Marital Status. "Marital status" means the legal status
26of being married, single, separated, divorced or widowed.



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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, United
6States Marine Corps Reserve, United States Navy Reserve, United
7States Air Force Reserve, and United States Coast Guard
8Reserve, or status as a current member or veteran of the
9Illinois Army National Guard or Illinois Air National Guard.
10    (K) National Origin. "National origin" means the place in
11which a person or one of his or her ancestors was born.
12    (K-5) "Order of protection status" means a person's status
13as being a person protected under an order of protection issued
14pursuant to the Illinois Domestic Violence Act of 1986 or an
15order of protection issued by a court of another state.
16    (L) Person. "Person" includes one or more individuals,
17partnerships, associations or organizations, labor
18organizations, labor unions, joint apprenticeship committees,
19or union labor associations, corporations, the State of
20Illinois and its instrumentalities, political subdivisions,
21units of local government, legal representatives, trustees in
22bankruptcy or receivers.
23    (M) Public Contract. "Public contract" includes every
24contract to which the State, any of its political subdivisions
25or any municipal corporation is a party.
26    (N) Religion. "Religion" includes all aspects of religious



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1observance and practice, as well as belief, except that with
2respect to employers, for the purposes of Article 2, "religion"
3has the meaning ascribed to it in paragraph (F) of Section
5    (O) Sex. "Sex" means the status of being male or female.
6    (O-1) Sexual orientation. "Sexual orientation" means
7actual or perceived heterosexuality, homosexuality,
8bisexuality, or gender-related identity, whether or not
9traditionally associated with the person's designated sex at
10birth. "Sexual orientation" does not include a physical or
11sexual attraction to a minor by an adult.
12    (P) Unfavorable Military Discharge. "Unfavorable military
13discharge" includes discharges from the Armed Forces of the
14United States, their Reserve components or any National Guard
15or Naval Militia which are classified as RE-3 or the equivalent
16thereof, but does not include those characterized as RE-4 or
18    (Q) Unlawful Discrimination. "Unlawful discrimination"
19means discrimination against a person because of his or her
20race, color, religion, national origin, ancestry, age, sex,
21marital status, order of protection status, disability,
22military status, sexual orientation, or unfavorable discharge
23from military service as those terms are defined in this
25(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
2697-410, eff. 1-1-12; 97-813, eff. 7-13-12.)



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1    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
2    Sec. 2-102. Civil Rights Violations - Employment. It is a
3civil rights violation:
4    (A) Employers. For any employer to refuse to hire, to
5segregate, or to act with respect to recruitment, hiring,
6promotion, renewal of employment, selection for training or
7apprenticeship, discharge, discipline, tenure or terms,
8privileges or conditions of employment on the basis of unlawful
9discrimination or citizenship status.
10    (A-5) Language. For an employer to impose a restriction
11that has the effect of prohibiting a language from being spoken
12by an employee in communications that are unrelated to the
13employee's duties.
14    For the purposes of this subdivision (A-5), "language"
15means a person's native tongue, such as Polish, Spanish, or
16Chinese. "Language" does not include such things as slang,
17jargon, profanity, or vulgarity.
18    (B) Employment Agency. For any employment agency to fail or
19refuse to classify properly, accept applications and register
20for employment referral or apprenticeship referral, refer for
21employment, or refer for apprenticeship on the basis of
22unlawful discrimination or citizenship status or to accept from
23any person any job order, requisition or request for referral
24of applicants for employment or apprenticeship which makes or
25has the effect of making unlawful discrimination or



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1discrimination on the basis of citizenship status a condition
2of referral.
3    (C) Labor Organization. For any labor organization to
4limit, segregate or classify its membership, or to limit
5employment opportunities, selection and training for
6apprenticeship in any trade or craft, or otherwise to take, or
7fail to take, any action which affects adversely any person's
8status as an employee or as an applicant for employment or as
9an apprentice, or as an applicant for apprenticeships, or
10wages, tenure, hours of employment or apprenticeship
11conditions on the basis of unlawful discrimination or
12citizenship status.
13    (D) Sexual Harassment. For any employer, employee, agent of
14any employer, employment agency or labor organization to engage
15in sexual harassment; provided, that an employer shall be
16responsible for sexual harassment of the employer's employees
17by nonemployees or nonmanagerial and nonsupervisory employees
18only if the employer becomes aware of the conduct and fails to
19take reasonable corrective measures.
20    (E) Public Employers. For any public employer to refuse to
21permit a public employee under its jurisdiction who takes time
22off from work in order to practice his or her religious beliefs
23to engage in work, during hours other than such employee's
24regular working hours, consistent with the operational needs of
25the employer and in order to compensate for work time lost for
26such religious reasons. Any employee who elects such deferred



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1work shall be compensated at the wage rate which he or she
2would have earned during the originally scheduled work period.
3The employer may require that an employee who plans to take
4time off from work in order to practice his or her religious
5beliefs provide the employer with a notice of his or her
6intention to be absent from work not exceeding 5 days prior to
7the date of absence.
8    (F) Training and Apprenticeship Programs. For any
9employer, employment agency or labor organization to
10discriminate against a person on the basis of age in the
11selection, referral for or conduct of apprenticeship or
12training programs.
13    (G) Immigration-Related Practices.
14        (1) for an employer to request for purposes of
15    satisfying the requirements of Section 1324a(b) of Title 8
16    of the United States Code, as now or hereafter amended,
17    more or different documents than are required under such
18    Section or to refuse to honor documents tendered that on
19    their face reasonably appear to be genuine; or
20        (2) for an employer participating in the E-Verify
21    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
22    Programs for Employment Eligibility Confirmation (enacted
23    by PL 104-208, div. C title IV, subtitle A) to refuse to
24    hire, to segregate, or to act with respect to recruitment,
25    hiring, promotion, renewal of employment, selection for
26    training or apprenticeship, discharge, discipline, tenure



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1    or terms, privileges or conditions of employment without
2    following the procedures under the E-Verify Program.
3    (H) Pregnancy; peace officers and fire fighters. For a
4public employer to refuse to temporarily transfer a pregnant
5female peace officer or pregnant female fire fighter to a less
6strenuous or hazardous position for the duration of her
7pregnancy if she so requests, with the advice of her physician,
8where that transfer can be reasonably accommodated. For the
9purposes of this subdivision (H), "peace officer" and "fire
10fighter" have the meanings ascribed to those terms in Section 3
11of the Illinois Public Labor Relations Act.
12    It is not a civil rights violation for an employer to take
13any action that is required by Section 1324a of Title 8 of the
14United States Code, as now or hereafter amended.
15    (I) Pregnancy. For an employer to refuse to hire, to
16segregate, or to act with respect to recruitment, hiring,
17promotion, renewal of employment, selection for training or
18apprenticeship, discharge, discipline, tenure or terms,
19privileges or conditions of employment on the basis of
20pregnancy, childbirth, or related medical conditions. Women
21restricted affected by pregnancy, childbirth, or related
22medical conditions shall be treated the same for all
23employment-related purposes, including receipt of benefits
24under fringe benefit programs, as other persons with
25disabilities who are similarly situated not so affected but
26similar in their ability or inability to work.



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1(Source: P.A. 97-596, eff. 8-26-11; 98-212, eff. 8-9-13.)".