State of Illinois
2021 and 2022


Introduced 1/21/2022, by Rep. Theresa Mah


775 ILCS 5/1-103  from Ch. 68, par. 1-103

    Amends the Illinois Human Rights Act. In the definition of "disability", deletes language providing that discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability. Provides that "disability" includes a person's association or relationship with a person with a characteristic of disability. Effective immediately.

LRB102 23365 LNS 32533 b





HB4415LRB102 23365 LNS 32533 b

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
13or apprenticeship 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    (B-5) Arrest record. "Arrest record" means:
21        (1) an arrest not leading to a conviction;
22        (2) a juvenile record; or
23        (3) criminal history record information ordered



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1    expunged, sealed, or impounded under Section 5.2 of the
2    Criminal Identification Act.
3    (C) Charge. "Charge" means an allegation filed with the
4Department by an aggrieved party or initiated by the
5Department under its authority.
6    (D) Civil rights violation. "Civil rights violation"
7includes and shall be limited to only those specific acts set
8forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
93-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
105A-102, 6-101, 6-101.5, and 6-102 of this Act.
11    (E) Commission. "Commission" means the Human Rights
12Commission created by this Act.
13    (F) Complaint. "Complaint" means the formal pleading filed
14by the Department with the Commission following an
15investigation and finding of substantial evidence of a civil
16rights violation.
17    (G) Complainant. "Complainant" means a person including
18the Department who files a charge of civil rights violation
19with the Department or the Commission.
20    (G-5) Conviction record. "Conviction record" means
21information indicating that a person has been convicted of a
22felony, misdemeanor or other criminal offense, placed on
23probation, fined, imprisoned, or paroled pursuant to any law
24enforcement or military authority.
25    (H) Department. "Department" means the Department of Human
26Rights created by this Act.



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1    (I) Disability.
2    (1) "Disability" means: a person's determinable physical
3or mental characteristic of a person, including, but not
4limited to, a determinable physical characteristic which
5necessitates the person's use of a guide, hearing, or support
6dog; , the history of such characteristic; a person's
7association or relationship with a person with such
8characteristic; , or the perception of such characteristic by
9the person complained against, which may result from disease,
10injury, congenital condition of birth or functional disorder
11and which characteristic:
12        (a) For purposes of Article 2, is unrelated to the
13    person's ability to perform the duties of a particular job
14    or position and, pursuant to Section 2-104 of this Act, a
15    person's illegal use of drugs or alcohol is not a
16    disability;
17        (b) For purposes of Article 3, is unrelated to the
18    person's ability to acquire, rent, or maintain a housing
19    accommodation;
20        (c) For purposes of Article 4, is unrelated to a
21    person's ability to repay;
22        (d) For purposes of Article 5, is unrelated to a
23    person's ability to utilize and benefit from a place of
24    public accommodation;
25        (e) For purposes of Article 5, also includes any
26    mental, psychological, or developmental disability,



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1    including autism spectrum disorders.
2    (2) Discrimination based on disability includes unlawful
3discrimination against an individual because of the
4individual's association with a person with a disability.
5    (J) Marital status. "Marital status" means the legal
6status of being married, single, separated, divorced, or
8    (J-1) Military status. "Military status" means a person's
9status on active duty in or status as a veteran of the armed
10forces of the United States, status as a current member or
11veteran of any reserve component of the armed forces of the
12United States, including the United States Army Reserve,
13United States Marine Corps Reserve, United States Navy
14Reserve, United States Air Force Reserve, and United States
15Coast Guard Reserve, or status as a current member or veteran
16of the Illinois Army National Guard or Illinois Air National
18    (K) National origin. "National origin" means the place in
19which a person or one of his or her ancestors was born.
20    (K-5) "Order of protection status" means a person's status
21as being a person protected under an order of protection
22issued pursuant to the Illinois Domestic Violence Act of 1986,
23Article 112A of the Code of Criminal Procedure of 1963, the
24Stalking No Contact Order Act, or the Civil No Contact Order
25Act, or an order of protection issued by a court of another



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1    (L) Person. "Person" includes one or more individuals,
2partnerships, associations or organizations, labor
3organizations, labor unions, joint apprenticeship committees,
4or union labor associations, corporations, the State of
5Illinois and its instrumentalities, political subdivisions,
6units of local government, legal representatives, trustees in
7bankruptcy or receivers.
8    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
9or medical or common conditions related to pregnancy or
11    (M) Public contract. "Public contract" includes every
12contract to which the State, any of its political
13subdivisions, or 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,
17"religion" has the meaning ascribed to it in paragraph (F) of
18Section 2-101.
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
4equivalent thereof, but does not include those characterized
5as RE-4 or "Dishonorable".
6    (Q) Unlawful discrimination. "Unlawful discrimination"
7means discrimination against a person because of his or her
8actual or perceived: race, color, religion, national origin,
9ancestry, age, sex, marital status, order of protection
10status, disability, military status, sexual orientation,
11pregnancy, or unfavorable discharge from military service as
12those terms are defined in this Section.
13(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
14101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
151-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised
17    Section 99. Effective date. This Act takes effect upon
18becoming law.