Illinois General Assembly - Full Text of SB3616
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Full Text of SB3616  102nd General Assembly

SB3616ham001 102ND GENERAL ASSEMBLY

Rep. Jehan Gordon-Booth

Filed: 4/5/2022

 

 


 

 


 
10200SB3616ham001LRB102 24112 LNS 38757 a

1
AMENDMENT TO SENATE BILL 3616

2    AMENDMENT NO. ______. Amend Senate Bill 3616 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. References to Act. This Act may be referred to
5as the CROWN (Create a Respectful and Open Workplace for
6Natural Hair) Act.
 
7    Section 5. The Illinois Human Rights Act is amended by
8changing Sections 1-103 and 5-102.2 as follows:
 
9    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
10    Sec. 1-103. General definitions. When used in this Act,
11unless the context requires otherwise, the term:
12    (A) Age. "Age" means the chronological age of a person who
13is at least 40 years old, except with regard to any practice
14described in Section 2-102, insofar as that practice concerns
15training or apprenticeship programs. In the case of training

 

 

10200SB3616ham001- 2 -LRB102 24112 LNS 38757 a

1or apprenticeship programs, for the purposes of Section 2-102,
2"age" means the chronological age of a person who is 18 but not
3yet 40 years old.
4    (B) Aggrieved party. "Aggrieved party" means a person who
5is alleged or proved to have been injured by a civil rights
6violation or believes he or she will be injured by a civil
7rights violation under Article 3 that is about to occur.
8    (B-5) Arrest record. "Arrest record" means:
9        (1) an arrest not leading to a conviction;
10        (2) a juvenile record; or
11        (3) criminal history record information ordered
12    expunged, sealed, or impounded under Section 5.2 of the
13    Criminal Identification Act.
14    (C) Charge. "Charge" means an allegation filed with the
15Department by an aggrieved party or initiated by the
16Department under its authority.
17    (D) Civil rights violation. "Civil rights violation"
18includes and shall be limited to only those specific acts set
19forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
203-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
215A-102, 6-101, 6-101.5, and 6-102 of this Act.
22    (E) Commission. "Commission" means the Human Rights
23Commission created by this Act.
24    (F) Complaint. "Complaint" means the formal pleading filed
25by the Department with the Commission following an
26investigation and finding of substantial evidence of a civil

 

 

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1rights violation.
2    (G) Complainant. "Complainant" means a person including
3the Department who files a charge of civil rights violation
4with the Department or the Commission.
5    (G-5) Conviction record. "Conviction record" means
6information indicating that a person has been convicted of a
7felony, misdemeanor or other criminal offense, placed on
8probation, fined, imprisoned, or paroled pursuant to any law
9enforcement or military authority.
10    (H) Department. "Department" means the Department of Human
11Rights created by this Act.
12    (I) Disability.
13    (1) "Disability" means a determinable physical or mental
14characteristic of a person, including, but not limited to, a
15determinable physical characteristic which necessitates the
16person's use of a guide, hearing or support dog, the history of
17such characteristic, or the perception of such characteristic
18by the person complained against, which may result from
19disease, injury, congenital condition of birth or functional
20disorder and which characteristic:
21        (a) For purposes of Article 2, is unrelated to the
22    person's ability to perform the duties of a particular job
23    or position and, pursuant to Section 2-104 of this Act, a
24    person's illegal use of drugs or alcohol is not a
25    disability;
26        (b) For purposes of Article 3, is unrelated to the

 

 

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1    person's ability to acquire, rent, or maintain a housing
2    accommodation;
3        (c) For purposes of Article 4, is unrelated to a
4    person's ability to repay;
5        (d) For purposes of Article 5, is unrelated to a
6    person's ability to utilize and benefit from a place of
7    public accommodation;
8        (e) For purposes of Article 5, also includes any
9    mental, psychological, or developmental disability,
10    including autism spectrum disorders.
11    (2) Discrimination based on disability includes unlawful
12discrimination against an individual because of the
13individual's association with a person with a disability.
14    (J) Marital status. "Marital status" means the legal
15status of being married, single, separated, divorced, or
16widowed.
17    (J-1) Military status. "Military status" means a person's
18status on active duty in or status as a veteran of the armed
19forces of the United States, status as a current member or
20veteran of any reserve component of the armed forces of the
21United States, including the United States Army Reserve,
22United States Marine Corps Reserve, United States Navy
23Reserve, United States Air Force Reserve, and United States
24Coast Guard Reserve, or status as a current member or veteran
25of the Illinois Army National Guard or Illinois Air National
26Guard.

 

 

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1    (K) National origin. "National origin" means the place in
2which a person or one of his or her ancestors was born.
3    (K-5) "Order of protection status" means a person's status
4as being a person protected under an order of protection
5issued pursuant to the Illinois Domestic Violence Act of 1986,
6Article 112A of the Code of Criminal Procedure of 1963, the
7Stalking No Contact Order Act, or the Civil No Contact Order
8Act, or an order of protection issued by a court of another
9state.
10    (L) Person. "Person" includes one or more individuals,
11partnerships, associations or organizations, labor
12organizations, labor unions, joint apprenticeship committees,
13or union labor associations, corporations, the State of
14Illinois and its instrumentalities, political subdivisions,
15units of local government, legal representatives, trustees in
16bankruptcy or receivers.
17    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
18or medical or common conditions related to pregnancy or
19childbirth.
20    (M) Public contract. "Public contract" includes every
21contract to which the State, any of its political
22subdivisions, or any municipal corporation is a party.
23    (M-5) Race. "Race" includes traits associated with race,
24including, but not limited to, hair texture and protective
25hairstyles such as braids, locks, and twists.
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,
3"religion" has the meaning ascribed to it in paragraph (F) of
4Section 2-101.
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
16equivalent thereof, but does not include those characterized
17as RE-4 or "Dishonorable".
18    (Q) Unlawful discrimination. "Unlawful discrimination"
19means discrimination against a person because of his or her
20actual or perceived: race, color, religion, national origin,
21ancestry, age, sex, marital status, order of protection
22status, disability, military status, sexual orientation,
23pregnancy, or unfavorable discharge from military service as
24those terms are defined in this Section.
25(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
26101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.

 

 

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11-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised
29-29-21.)
 
3    (775 ILCS 5/5-102.2)
4    Sec. 5-102.2. Jurisdiction limited. In regard to places of
5public accommodation defined in paragraph (11) of Section
65-101, the jurisdiction of the Department is limited to: (1)
7the failure to enroll an individual; (2) the denial or refusal
8of full and equal enjoyment of access to facilities, goods, or
9services; or (3) severe or pervasive harassment of an
10individual when the covered entity fails to take corrective
11action to stop the severe or pervasive harassment.
12(Source: P.A. 96-814, eff. 1-1-10.)".