Illinois General Assembly - Full Text of SB0567
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing 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,
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

 

 

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1is alleged or proved to have been injured by a civil rights
2violation or believes he or she will be injured by a civil
3rights violation under Article 3 that is about to occur.
4    (C) Charge. "Charge" means an allegation filed with the
5Department by an aggrieved party or initiated by the Department
6under its authority.
7    (D) Civil Rights Violation. "Civil rights violation"
8includes and shall be limited to only those specific acts set
9forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
103-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
116-101, and 6-102 of this Act.
12    (E) Commission. "Commission" means the Human Rights
13Commission created by this Act.
14    (F) Complaint. "Complaint" means the formal pleading filed
15by the Department with the Commission following an
16investigation and finding of substantial evidence of a civil
17rights violation.
18    (G) Complainant. "Complainant" means a person including
19the Department who files a charge of civil rights violation
20with the Department or the Commission.
21    (H) Department. "Department" means the Department of Human
22Rights created by this Act.
23    (I) Disability. "Disability" means a determinable physical
24or mental characteristic of a person, including, but not
25limited to, a determinable physical characteristic which
26necessitates the person's use of a guide, hearing or support

 

 

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1dog, the history of such characteristic, or the perception of
2such characteristic by the person complained against, which may
3result from disease, injury, congenital condition of birth or
4functional 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
22of being married, single, separated, divorced or widowed.
23    (J-1) Military Status. "Military status" means a person's
24status on active duty in or status as a veteran of the armed
25forces of the United States, status as a current member or
26veteran of any reserve component of the armed forces of the

 

 

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1United States, including the United States Army Reserve, United
2States Marine Corps Reserve, United States Navy Reserve, United
3States Air Force Reserve, and United States Coast Guard
4Reserve, or status as a current member or veteran of the
5Illinois Army National Guard or Illinois Air National Guard.
6    (K) National Origin. "National origin" means the place in
7which a person or one of his or her ancestors was born.
8    (K-5) "Order of protection status" means a person's status
9as being a person protected under an order of protection issued
10pursuant to the Illinois Domestic Violence Act of 1986 or an
11order of protection issued by a court of another state.
12    (L) Person. "Person" includes one or more individuals,
13partnerships, associations or organizations, labor
14organizations, labor unions, joint apprenticeship committees,
15or union labor associations, corporations, the State of
16Illinois and its instrumentalities, political subdivisions,
17units of local government, legal representatives, trustees in
18bankruptcy or receivers.
19    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
20or medical or common conditions related to pregnancy or
21childbirth.
22    (M) Public Contract. "Public contract" includes every
23contract to which the State, any of its political subdivisions
24or any municipal corporation is a party.
25    (N) Religion. "Religion" includes all aspects of religious
26observance and practice, as well as belief, except that with

 

 

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1respect to employers, for the purposes of Article 2, "religion"
2has the meaning ascribed to it in paragraph (F) of Section
32-101.
4    (O) Sex. "Sex" means the status of being male or female.
5    (O-1) Sexual orientation. "Sexual orientation" means
6actual or perceived heterosexuality, homosexuality,
7bisexuality, or gender-related identity, whether or not
8traditionally associated with the person's designated sex at
9birth. "Sexual orientation" does not include a physical or
10sexual attraction to a minor by an adult.
11    (P) Unfavorable Military Discharge. "Unfavorable military
12discharge" includes discharges from the Armed Forces of the
13United States, their Reserve components or any National Guard
14or Naval Militia which are classified as RE-3 or the equivalent
15thereof, but does not include those characterized as RE-4 or
16"Dishonorable".
17    (Q) Unlawful Discrimination. "Unlawful discrimination"
18means discrimination against a person because of his or her
19race, color, religion, national origin, ancestry, age, sex,
20marital status, order of protection status, disability,
21military status, sexual orientation, pregnancy, or unfavorable
22discharge from military service as those terms are defined in
23this Section. For purposes of Article 2, unlawful
24discrimination includes taking criminal conviction information
25into account in making adverse employment decisions if doing so
26has a disparate impact with respect to the above-stated

 

 

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1characteristics, provided, however, that it shall be a defense
2to a claim of unlawful discrimination based on criminal
3conviction information that the employment decision is
4job-related and consistent with business necessity.
5(Source: P.A. 97-410, eff. 1-1-12; 97-813, eff. 7-13-12;
698-1050, 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
9Department may administratively close a charge pending before
10the Department if the issues which are the basis of the charge
11are being litigated in a State or federal court proceeding. For
12charges under Article 7A, the Department shall
13administratively close a charge pending before the Department
14if the issues which are the basis of the charge are being
15litigated in a State, local unit of government, or federal
16court or administrative proceeding.
17(Source: P.A. 86-1343.)".