Full Text of HB0008 98th General Assembly
HB0008ham004 98TH GENERAL ASSEMBLY | Rep. Barbara Wheeler Filed: 4/3/2014
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| 1 | | AMENDMENT TO HOUSE BILL 8
| 2 | | AMENDMENT NO. ______. Amend House Bill 8, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Human Rights Act is amended by | 6 | | changing 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, | 9 | | unless the
context requires otherwise, the term:
| 10 | | (A) Age. "Age" means the chronological age of a person who | 11 | | is at least
40 years old, except with regard to any practice | 12 | | described in Section
2-102, insofar as that practice concerns | 13 | | training or apprenticeship
programs. In the case of training or | 14 | | apprenticeship programs, for the
purposes of Section 2-102, | 15 | | "age" means the chronological age of a person
who is 18 but not | 16 | | yet 40 years old.
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| 1 | | (B) Aggrieved Party. "Aggrieved party" means a person who | 2 | | is alleged
or proved to have been injured by a civil rights | 3 | | violation or believes he
or she will be injured by a civil | 4 | | rights violation under Article 3 that is
about to occur.
| 5 | | (C) Charge. "Charge" means an allegation filed with the | 6 | | Department
by an aggrieved party or initiated by the Department | 7 | | under its
authority.
| 8 | | (D) Civil Rights Violation. "Civil rights violation" | 9 | | includes and
shall be limited to only those specific acts set | 10 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 11 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 12 | | 6-101, and 6-102 of this Act.
| 13 | | (E) Commission. "Commission" means the Human Rights | 14 | | Commission
created by this Act.
| 15 | | (F) Complaint. "Complaint" means the formal pleading filed | 16 | | by
the Department with the Commission following an | 17 | | investigation and
finding of substantial evidence of a civil | 18 | | rights violation.
| 19 | | (G) Complainant. "Complainant" means a person including | 20 | | the
Department who files a charge of civil rights violation | 21 | | with the Department or
the Commission.
| 22 | | (H) Department. "Department" means the Department of Human | 23 | | Rights
created by this Act.
| 24 | | (I) Disability. "Disability" means a determinable physical | 25 | | or mental
characteristic of a person, including, but not | 26 | | limited to, a determinable
physical characteristic which |
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| 1 | | necessitates the person's use of a guide,
hearing or support | 2 | | dog, the history of such characteristic, or the
perception of | 3 | | such characteristic by the person complained against, which
may | 4 | | result from disease, injury, congenital condition of birth or
| 5 | | functional 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 | 26 | | of being
married, single, separated, divorced or widowed.
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| 1 | | (J-1) Military Status. "Military status" means a person's | 2 | | status on
active duty in or status as a veteran of the armed | 3 | | forces of the United States, status as a current member or | 4 | | veteran of any
reserve component of the armed forces of the | 5 | | United States, including the United
States Army Reserve, United | 6 | | States Marine Corps Reserve, United States Navy
Reserve, United | 7 | | States Air Force Reserve, and United States Coast Guard
| 8 | | Reserve, or status as a current member or veteran of the | 9 | | Illinois Army National Guard or Illinois Air National
Guard.
| 10 | | (K) National Origin. "National origin" means the place in | 11 | | which a
person or one of his or her ancestors was born.
| 12 | | (K-5) "Order of protection status" means a person's status | 13 | | as being a person protected under an order of protection issued | 14 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 15 | | order of protection issued by a court of another state. | 16 | | (L) Person. "Person" includes one or more individuals, | 17 | | partnerships,
associations or organizations, labor | 18 | | organizations, labor unions, joint
apprenticeship committees, | 19 | | or union labor associations, corporations, the
State of | 20 | | Illinois and its instrumentalities, political subdivisions, | 21 | | units
of local government, legal representatives, trustees in | 22 | | bankruptcy
or receivers.
| 23 | | (M) Public Contract. "Public contract" includes every | 24 | | contract to which the
State, any of its political subdivisions | 25 | | or any municipal corporation is a
party.
| 26 | | (N) Religion. "Religion" includes all aspects of religious |
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| 1 | | observance
and practice, as well as belief, except that with | 2 | | respect to employers, for
the purposes of Article 2, "religion" | 3 | | has the meaning ascribed to it in
paragraph (F) of Section | 4 | | 2-101.
| 5 | | (O) Sex. "Sex" means the status of being male or female.
| 6 | | (O-1) Sexual orientation. "Sexual orientation" means | 7 | | actual or
perceived heterosexuality, homosexuality, | 8 | | bisexuality, or gender-related identity,
whether or not | 9 | | traditionally associated with the person's designated sex at
| 10 | | birth. "Sexual orientation" does not include a physical or | 11 | | sexual attraction to a minor by an adult.
| 12 | | (P) Unfavorable Military Discharge. "Unfavorable military | 13 | | discharge"
includes discharges from the Armed Forces of the | 14 | | United States, their
Reserve components or any National Guard | 15 | | or Naval Militia which are
classified as RE-3 or the equivalent | 16 | | thereof, but does not include those
characterized as RE-4 or | 17 | | "Dishonorable".
| 18 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 19 | | means discrimination
against a person because of his or her | 20 | | race, color, religion, national origin,
ancestry, age, sex, | 21 | | marital status, order of protection status, disability, | 22 | | military status, sexual
orientation,
or unfavorable
discharge | 23 | | from military service as those terms are defined in this | 24 | | Section.
| 25 | | (Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10; | 26 | | 97-410, 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 | 3 | | civil
rights violation:
| 4 | | (A) Employers. For any employer to refuse to hire, to | 5 | | segregate, or
to act with respect to recruitment, hiring, | 6 | | promotion, renewal of employment,
selection for training or | 7 | | apprenticeship, discharge, discipline, tenure or
terms, | 8 | | privileges or conditions of employment on the basis of unlawful
| 9 | | discrimination or citizenship status.
| 10 | | (A-5) Language. For an employer to impose a restriction | 11 | | that has the
effect of prohibiting a language from being spoken | 12 | | by an employee in
communications that are unrelated to the | 13 | | employee's duties.
| 14 | | For the purposes of this subdivision (A-5), "language" | 15 | | means a person's
native tongue, such as Polish, Spanish, or
| 16 | | Chinese.
"Language" does not include such things as slang, | 17 | | jargon, profanity, or
vulgarity.
| 18 | | (B) Employment Agency. For any employment agency to fail or | 19 | | refuse
to classify properly, accept applications and register | 20 | | for employment
referral or apprenticeship referral, refer for | 21 | | employment, or refer for
apprenticeship on the basis of | 22 | | unlawful discrimination or citizenship
status or to accept from | 23 | | any person any job order, requisition or request
for referral | 24 | | of applicants for employment or apprenticeship which makes or
| 25 | | has the effect of making unlawful discrimination or |
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| 1 | | discrimination on the
basis of citizenship status a condition | 2 | | of referral.
| 3 | | (C) Labor Organization. For any labor organization to | 4 | | limit,
segregate or classify its membership, or to limit | 5 | | employment
opportunities, selection and training for | 6 | | apprenticeship in any trade or
craft, or otherwise to take, or | 7 | | fail to take, any action which affects
adversely any person's | 8 | | status as an employee or as an applicant for
employment or as | 9 | | an apprentice, or as an applicant for apprenticeships,
or | 10 | | wages, tenure, hours of employment or apprenticeship | 11 | | conditions on the
basis of unlawful discrimination or | 12 | | citizenship status.
| 13 | | (D) Sexual Harassment. For any employer, employee, agent of | 14 | | any employer,
employment agency or labor organization to engage | 15 | | in sexual harassment;
provided, that an employer shall be | 16 | | responsible for sexual harassment
of the employer's employees | 17 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 18 | | only if the employer becomes aware of the conduct and fails to
| 19 | | take reasonable corrective measures.
| 20 | | (E) Public Employers. For any public employer to refuse to | 21 | | permit a
public employee under its jurisdiction who takes time | 22 | | off from work in
order to practice his or her religious beliefs | 23 | | to engage in work, during hours
other than such employee's | 24 | | regular working hours, consistent with the
operational needs of | 25 | | the employer and in order to compensate for work time
lost for | 26 | | such religious reasons. Any employee who elects such deferred
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| 1 | | work shall be compensated at the wage rate which he or she | 2 | | would have
earned during the originally scheduled work period. | 3 | | The employer may
require that an employee who plans to take | 4 | | time off from work in order to
practice his or her religious | 5 | | beliefs provide the employer with a notice of
his or her | 6 | | intention to be absent from work not exceeding 5 days prior to
| 7 | | the date of absence.
| 8 | | (F) Training and Apprenticeship Programs. For any | 9 | | employer,
employment agency or labor organization to | 10 | | discriminate against a person on
the basis of age in the | 11 | | selection, referral for or conduct of apprenticeship
or | 12 | | training 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 | 4 | | public employer to refuse to temporarily transfer a pregnant
| 5 | | female peace officer or pregnant
female fire fighter to a less | 6 | | strenuous or hazardous position for the
duration of her | 7 | | pregnancy if she so requests, with the advice of her
physician, | 8 | | where that transfer can be reasonably accommodated. For the | 9 | | purposes of this subdivision (H), "peace officer" and "fire | 10 | | fighter" have the meanings ascribed to those terms in Section 3 | 11 | | of the Illinois Public Labor Relations Act.
| 12 | | It is not a civil rights violation for an employer to take | 13 | | any action
that is required by Section 1324a of Title 8 of the | 14 | | United States Code, as
now or hereafter amended.
| 15 | | (I) Pregnancy. For an employer to refuse to hire, to | 16 | | segregate, or to act with respect to recruitment, hiring, | 17 | | promotion, renewal of employment, selection for training or | 18 | | apprenticeship, discharge, discipline, tenure or terms, | 19 | | privileges or conditions of employment on the basis of | 20 | | pregnancy, childbirth, or related medical conditions. Women | 21 | | restricted affected by pregnancy, childbirth, or related | 22 | | medical conditions shall be treated the same for all | 23 | | employment-related purposes, including receipt of benefits | 24 | | under fringe benefit programs, as other persons with | 25 | | disabilities who are similarly situated not so affected but | 26 | | similar 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.)".
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