Full Text of SB0567 99th General Assembly
SB0567sam001 99TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 4/7/2015
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| 1 | | AMENDMENT TO SENATE BILL 567
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 567 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 1-103 and 7-109.1 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, | 8 | | unless the
context requires otherwise, the term:
| 9 | | (A) Age. "Age" means the chronological age of a person who | 10 | | is at least
40 years old, except with regard to any practice | 11 | | described in Section
2-102, insofar as that practice concerns | 12 | | training or apprenticeship
programs. In the case of training or | 13 | | apprenticeship programs, for the
purposes of Section 2-102, | 14 | | "age" means the chronological age of a person
who is 18 but not | 15 | | yet 40 years old.
| 16 | | (B) Aggrieved Party. "Aggrieved party" means a person who |
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| 1 | | is alleged
or proved to have been injured by a civil rights | 2 | | violation or believes he
or she will be injured by a civil | 3 | | rights violation under Article 3 that is
about to occur.
| 4 | | (C) Charge. "Charge" means an allegation filed with the | 5 | | Department
by an aggrieved party or initiated by the Department | 6 | | under its
authority.
| 7 | | (D) Civil Rights Violation. "Civil rights violation" | 8 | | includes and
shall be limited to only those specific acts set | 9 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 10 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 11 | | 6-101, and 6-102 of this Act.
| 12 | | (E) Commission. "Commission" means the Human Rights | 13 | | Commission
created by this Act.
| 14 | | (F) Complaint. "Complaint" means the formal pleading filed | 15 | | by
the Department with the Commission following an | 16 | | investigation and
finding of substantial evidence of a civil | 17 | | rights violation.
| 18 | | (G) Complainant. "Complainant" means a person including | 19 | | the
Department who files a charge of civil rights violation | 20 | | with the Department or
the Commission.
| 21 | | (H) Department. "Department" means the Department of Human | 22 | | Rights
created by this Act.
| 23 | | (I) Disability. "Disability" means a determinable physical | 24 | | or mental
characteristic of a person, including, but not | 25 | | limited to, a determinable
physical characteristic which | 26 | | necessitates the person's use of a guide,
hearing or support |
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| 1 | | dog, the history of such characteristic, or the
perception of | 2 | | such characteristic by the person complained against, which
may | 3 | | result from disease, injury, congenital condition of birth or
| 4 | | functional disorder and which characteristic:
| 5 | | (1) For purposes of Article 2 is unrelated to the | 6 | | person's ability
to perform the duties of a particular job | 7 | | or position and, pursuant to
Section 2-104 of this Act, a | 8 | | person's illegal use of drugs or alcohol is not a
| 9 | | disability;
| 10 | | (2) For purposes of Article 3, is unrelated to the | 11 | | person's ability
to acquire, rent or maintain a housing | 12 | | accommodation;
| 13 | | (3) For purposes of Article 4, is unrelated to a | 14 | | person's ability to
repay;
| 15 | | (4) For purposes of Article 5, is unrelated to a | 16 | | person's ability to
utilize and benefit from a place of | 17 | | public accommodation;
| 18 | | (5) For purposes of Article 5, also includes any | 19 | | mental, psychological, or developmental disability, | 20 | | including autism spectrum disorders. | 21 | | (J) Marital Status. "Marital status" means the legal status | 22 | | of being
married, single, separated, divorced or widowed.
| 23 | | (J-1) Military Status. "Military status" means a person's | 24 | | status on
active duty in or status as a veteran of the armed | 25 | | forces of the United States, status as a current member or | 26 | | veteran of any
reserve component of the armed forces of the |
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| 1 | | United States, including the United
States Army Reserve, United | 2 | | States Marine Corps Reserve, United States Navy
Reserve, United | 3 | | States Air Force Reserve, and United States Coast Guard
| 4 | | Reserve, or status as a current member or veteran of the | 5 | | Illinois Army National Guard or Illinois Air National
Guard.
| 6 | | (K) National Origin. "National origin" means the place in | 7 | | which a
person or one of his or her ancestors was born.
| 8 | | (K-5) "Order of protection status" means a person's status | 9 | | as being a person protected under an order of protection issued | 10 | | pursuant to the Illinois Domestic Violence Act of 1986 or an | 11 | | order of protection issued by a court of another state. | 12 | | (L) Person. "Person" includes one or more individuals, | 13 | | partnerships,
associations or organizations, labor | 14 | | organizations, labor unions, joint
apprenticeship committees, | 15 | | or union labor associations, corporations, the
State of | 16 | | Illinois and its instrumentalities, political subdivisions, | 17 | | units
of local government, legal representatives, trustees in | 18 | | bankruptcy
or receivers.
| 19 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 20 | | or medical or common conditions related to pregnancy or | 21 | | childbirth. | 22 | | (M) Public Contract. "Public contract" includes every | 23 | | contract to which the
State, any of its political subdivisions | 24 | | or any municipal corporation is a
party.
| 25 | | (N) Religion. "Religion" includes all aspects of religious | 26 | | observance
and practice, as well as belief, except that with |
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| 1 | | respect to employers, for
the purposes of Article 2, "religion" | 2 | | has the meaning ascribed to it in
paragraph (F) of Section | 3 | | 2-101.
| 4 | | (O) Sex. "Sex" means the status of being male or female.
| 5 | | (O-1) Sexual orientation. "Sexual orientation" means | 6 | | actual or
perceived heterosexuality, homosexuality, | 7 | | bisexuality, or gender-related identity,
whether or not | 8 | | traditionally associated with the person's designated sex at
| 9 | | birth. "Sexual orientation" does not include a physical or | 10 | | sexual attraction to a minor by an adult.
| 11 | | (P) Unfavorable Military Discharge. "Unfavorable military | 12 | | discharge"
includes discharges from the Armed Forces of the | 13 | | United States, their
Reserve components or any National Guard | 14 | | or Naval Militia which are
classified as RE-3 or the equivalent | 15 | | thereof, but does not include those
characterized as RE-4 or | 16 | | "Dishonorable".
| 17 | | (Q) Unlawful Discrimination. "Unlawful discrimination" | 18 | | means discrimination
against a person because of his or her | 19 | | race, color, religion, national origin,
ancestry, age, sex, | 20 | | marital status, order of protection status, disability, | 21 | | military status, sexual
orientation, pregnancy,
or unfavorable
| 22 | | discharge from military service as those terms are defined in | 23 | | this Section.
For purposes of Article 2, unlawful | 24 | | discrimination includes taking criminal conviction information | 25 | | into account in making adverse employment decisions if doing so | 26 | | has a disparate impact with respect to the above-stated |
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| 1 | | characteristics, provided, however, that it shall be a defense | 2 | | to a claim of unlawful discrimination based on criminal | 3 | | conviction information that the employment decision is | 4 | | job-related and consistent with business necessity.
| 5 | | (Source: P.A. 97-410, eff. 1-1-12; 97-813, eff. 7-13-12; | 6 | | 98-1050, eff. 1-1-15 .)
| 7 | | (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| 8 | | Sec. 7-109.1. Federal or State Court Proceedings. The | 9 | | Department may
administratively close a charge pending before | 10 | | the Department if the issues
which are the basis of the charge | 11 | | are being litigated in a State or federal
court proceeding. For | 12 | | charges under Article 7A, the Department shall | 13 | | administratively close a charge pending before the Department | 14 | | if the issues which are the basis of the charge are being | 15 | | litigated in a State, local unit of government, or federal | 16 | | court or administrative proceeding.
| 17 | | (Source: P.A. 86-1343.)".
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