Full Text of HB4867 103rd General Assembly
HB4867 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4867 Introduced 2/7/2024, by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: | | 775 ILCS 5/1-102 | from Ch. 68, par. 1-102 | 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 |
| Amends the Illinois Human Rights Act. Adds to the definition of unlawful discrimination to include discrimination of reproductive health decisions. Reproductive health decisions mean any decision by a person affecting the use or intended use of health care, goods, or services related to reproductive processes, functions, and systems, including, but not limited to, family planning, pregnancy testing, and contraception; fertility or sterilization care; miscarriage; continuation or termination of pregnancy; prenatal, intranatal, and postnatal care. Provides that discrimination based on reproductive health decisions includes unlawful discrimination against a person because of the person's association with another person's reproductive health decisions. |
| |
| | A BILL FOR |
| | | | HB4867 | | LRB103 37426 JRC 67548 b |
|
| 1 | | AN ACT concerning civil law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 1-102 and 1-103 as follows: | 6 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 7 | | (Text of Section before amendment by P.A. 103-472 ) | 8 | | Sec. 1-102. Declaration of policy. It is the public | 9 | | policy of this State: | 10 | | (A) Freedom from Unlawful Discrimination. To secure for | 11 | | all individuals within Illinois the freedom from | 12 | | discrimination against any individual because of his or her | 13 | | race, color, religion, sex, national origin, ancestry, age, | 14 | | order of protection status, marital status, physical or mental | 15 | | disability, military status, sexual orientation, pregnancy, | 16 | | reproductive health decisions, or unfavorable discharge from | 17 | | military service in connection with employment, real estate | 18 | | transactions, access to financial credit, and the availability | 19 | | of public accommodations. | 20 | | (B) Freedom from Sexual Harassment-Employment and | 21 | | Elementary, Secondary, and Higher Education. To prevent sexual | 22 | | harassment in employment and sexual harassment in elementary, | 23 | | secondary, and higher education. |
| | | HB4867 | - 2 - | LRB103 37426 JRC 67548 b |
|
| 1 | | (C) Freedom from Discrimination Based on Citizenship | 2 | | Status-Employment. To prevent discrimination based on | 3 | | citizenship status in employment. | 4 | | (C-5) Freedom from Discrimination Based on Work | 5 | | Authorization Status-Employment. To prevent discrimination | 6 | | based on the specific status or term of status that | 7 | | accompanies a legal work authorization. | 8 | | (D) Freedom from Discrimination Based on Familial Status | 9 | | or Source of Income-Real Estate Transactions. To prevent | 10 | | discrimination based on familial status or source of income in | 11 | | real estate transactions. | 12 | | (E) Public Health, Welfare and Safety. To promote the | 13 | | public health, welfare and safety by protecting the interest | 14 | | of all people in Illinois in maintaining personal dignity, in | 15 | | realizing their full productive capacities, and in furthering | 16 | | their interests, rights and privileges as citizens of this | 17 | | State. | 18 | | (F) Implementation of Constitutional Guarantees. To secure | 19 | | and guarantee the rights established by Sections 17, 18 and 19 | 20 | | of Article I of the Illinois Constitution of 1970. | 21 | | (G) Equal Opportunity, Affirmative Action. To establish | 22 | | Equal Opportunity and Affirmative Action as the policies of | 23 | | this State in all of its decisions, programs and activities, | 24 | | and to assure that all State departments, boards, commissions | 25 | | and instrumentalities rigorously take affirmative action to | 26 | | provide equality of opportunity and eliminate the effects of |
| | | HB4867 | - 3 - | LRB103 37426 JRC 67548 b |
|
| 1 | | past discrimination in the internal affairs of State | 2 | | government and in their relations with the public. | 3 | | (H) Unfounded Charges. To protect citizens of this State | 4 | | against unfounded charges of unlawful discrimination, sexual | 5 | | harassment in employment and sexual harassment in elementary, | 6 | | secondary, and higher education, and discrimination based on | 7 | | citizenship status or work authorization status in employment. | 8 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .) | 9 | | (Text of Section after amendment by P.A. 103-472 ) | 10 | | Sec. 1-102. Declaration of policy. It is the public | 11 | | policy of this State: | 12 | | (A) Freedom from Unlawful Discrimination. To secure for | 13 | | all individuals within Illinois the freedom from | 14 | | discrimination based on race, color, religion, sex, national | 15 | | origin, ancestry, age, order of protection status, marital | 16 | | status, physical or mental disability, military status, sexual | 17 | | orientation, pregnancy, reproductive health decisions, or | 18 | | unfavorable discharge from military service in connection with | 19 | | employment, real estate transactions, access to financial | 20 | | credit, and the availability of public accommodations, | 21 | | including in elementary, secondary, and higher education. | 22 | | (B) Freedom from Sexual Harassment-Employment and | 23 | | Elementary, Secondary, and Higher Education. To prevent sexual | 24 | | harassment in employment and sexual harassment in elementary, | 25 | | secondary, and higher education. |
| | | HB4867 | - 4 - | LRB103 37426 JRC 67548 b |
|
| 1 | | (C) Freedom from Discrimination Based on Citizenship | 2 | | Status-Employment. To prevent discrimination based on | 3 | | citizenship status in employment. | 4 | | (C-5) Freedom from Discrimination Based on Work | 5 | | Authorization Status-Employment. To prevent discrimination | 6 | | based on the specific status or term of status that | 7 | | accompanies a legal work authorization. | 8 | | (D) Freedom from Discrimination Based on Familial Status | 9 | | or Source of Income-Real Estate Transactions. To prevent | 10 | | discrimination based on familial status or source of income in | 11 | | real estate transactions. | 12 | | (E) Public Health, Welfare and Safety. To promote the | 13 | | public health, welfare and safety by protecting the interest | 14 | | of all people in Illinois in maintaining personal dignity, in | 15 | | realizing their full productive capacities, and in furthering | 16 | | their interests, rights and privileges as citizens of this | 17 | | State. | 18 | | (F) Implementation of Constitutional Guarantees. To secure | 19 | | and guarantee the rights established by Sections 17, 18 and 19 | 20 | | of Article I of the Illinois Constitution of 1970. | 21 | | (G) Equal Opportunity, Affirmative Action. To establish | 22 | | Equal Opportunity and Affirmative Action as the policies of | 23 | | this State in all of its decisions, programs and activities, | 24 | | and to assure that all State departments, boards, commissions | 25 | | and instrumentalities rigorously take affirmative action to | 26 | | provide equality of opportunity and eliminate the effects of |
| | | HB4867 | - 5 - | LRB103 37426 JRC 67548 b |
|
| 1 | | past discrimination in the internal affairs of State | 2 | | government and in their relations with the public. | 3 | | (H) Unfounded Charges. To protect citizens of this State | 4 | | against unfounded charges of prohibited discrimination in | 5 | | employment, real estate transactions, financial credit, and | 6 | | public accommodations, including in elementary, secondary, and | 7 | | higher education. | 8 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; | 9 | | 103-472, eff. 8-1-24.) | 10 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 11 | | Sec. 1-103. General definitions. When used in this Act, | 12 | | unless the context requires otherwise, the term: | 13 | | (A) Age. "Age" means the chronological age of a person who | 14 | | is at least 40 years old, except with regard to any practice | 15 | | described in Section 2-102, insofar as that practice concerns | 16 | | training or apprenticeship programs. In the case of training | 17 | | or apprenticeship programs, for the purposes of Section 2-102, | 18 | | "age" means the chronological age of a person who is 18 but not | 19 | | yet 40 years old. | 20 | | (B) Aggrieved party. "Aggrieved party" means a person who | 21 | | is alleged or proved to have been injured by a civil rights | 22 | | violation or believes he or she will be injured by a civil | 23 | | rights violation under Article 3 that is about to occur. | 24 | | (B-5) Arrest record. "Arrest record" means: | 25 | | (1) an arrest not leading to a conviction; |
| | | HB4867 | - 6 - | LRB103 37426 JRC 67548 b |
|
| 1 | | (2) a juvenile record; or | 2 | | (3) criminal history record information ordered | 3 | | expunged, sealed, or impounded under Section 5.2 of the | 4 | | Criminal Identification Act. | 5 | | (C) Charge. "Charge" means an allegation filed with the | 6 | | Department by an aggrieved party or initiated by the | 7 | | Department 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 | | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | 12 | | 5A-102, 6-101, 6-101.5, 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 | | (G-5) Conviction record. "Conviction record" means | 23 | | information indicating that a person has been convicted of a | 24 | | felony, misdemeanor or other criminal offense, placed on | 25 | | probation, fined, imprisoned, or paroled pursuant to any law | 26 | | enforcement or military authority. |
| | | HB4867 | - 7 - | LRB103 37426 JRC 67548 b |
|
| 1 | | (H) Department. "Department" means the Department of Human | 2 | | Rights created by this Act. | 3 | | (I) Disability. | 4 | | (1) "Disability" means a determinable physical or mental | 5 | | characteristic of a person, including, but not limited to, a | 6 | | determinable physical characteristic which necessitates the | 7 | | person's use of a guide, hearing or support dog, the history of | 8 | | such characteristic, or the perception of such characteristic | 9 | | by the person complained against, which may result from | 10 | | disease, injury, congenital condition of birth or functional | 11 | | disorder and 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, |
| | | HB4867 | - 8 - | LRB103 37426 JRC 67548 b |
|
| 1 | | including autism spectrum disorders. | 2 | | (2) Discrimination based on disability includes unlawful | 3 | | discrimination against an individual because of the | 4 | | individual's association with a person with a disability. | 5 | | (J) Marital status. "Marital status" means the legal | 6 | | status of being married, single, separated, divorced, or | 7 | | widowed. | 8 | | (J-1) Military status. "Military status" means a person's | 9 | | status on active duty in or status as a veteran of the armed | 10 | | forces of the United States, status as a current member or | 11 | | veteran of any reserve component of the armed forces of the | 12 | | United States, including the United States Army Reserve, | 13 | | United States Marine Corps Reserve, United States Navy | 14 | | Reserve, United States Air Force Reserve, and United States | 15 | | Coast Guard Reserve, or status as a current member or veteran | 16 | | of the Illinois Army National Guard or Illinois Air National | 17 | | Guard. | 18 | | (K) National origin. "National origin" means the place in | 19 | | which a person or one of his or her ancestors was born. | 20 | | (K-5) "Order of protection status" means a person's status | 21 | | as being a person protected under an order of protection | 22 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 23 | | Article 112A of the Code of Criminal Procedure of 1963, the | 24 | | Stalking No Contact Order Act, or the Civil No Contact Order | 25 | | Act, or an order of protection issued by a court of another | 26 | | state. |
| | | HB4867 | - 9 - | LRB103 37426 JRC 67548 b |
|
| 1 | | (L) Person. "Person" includes one or more individuals, | 2 | | partnerships, associations or organizations, labor | 3 | | organizations, labor unions, joint apprenticeship committees, | 4 | | or union labor associations, corporations, the State of | 5 | | Illinois and its instrumentalities, political subdivisions, | 6 | | units of local government, legal representatives, trustees in | 7 | | bankruptcy or receivers. | 8 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 9 | | or medical or common conditions related to pregnancy or | 10 | | childbirth. | 11 | | (M) Public contract. "Public contract" includes every | 12 | | contract to which the State, any of its political | 13 | | subdivisions, or any municipal corporation is a party. | 14 | | (M-5) Race. "Race" includes traits associated with race, | 15 | | including, but not limited to, hair texture and protective | 16 | | hairstyles such as braids, locks, and twists. | 17 | | (N) Religion. "Religion" includes all aspects of religious | 18 | | observance and practice, as well as belief, except that with | 19 | | respect to employers, for the purposes of Article 2, | 20 | | "religion" has the meaning ascribed to it in paragraph (F) of | 21 | | Section 2-101. | 22 | | (N-5) Reproductive health decisions. "Reproductive health | 23 | | decisions" means any decision by a person affecting the use or | 24 | | intended use of health care, goods, or services related to | 25 | | reproductive processes, functions, and systems, including, but | 26 | | not limited to, family planning, pregnancy testing, and |
| | | HB4867 | - 10 - | LRB103 37426 JRC 67548 b |
|
| 1 | | contraception; fertility or sterilization care; miscarriage; | 2 | | continuation or termination of pregnancy; prenatal, | 3 | | intranatal, and postnatal care. Discrimination based on | 4 | | reproductive health decisions includes unlawful discrimination | 5 | | against a person because of the person's association with | 6 | | another person's reproductive health decisions. | 7 | | (O) Sex. "Sex" means the status of being male or female. | 8 | | (O-1) Sexual orientation. "Sexual orientation" means | 9 | | actual or perceived heterosexuality, homosexuality, | 10 | | bisexuality, or gender-related identity, whether or not | 11 | | traditionally associated with the person's designated sex at | 12 | | birth. "Sexual orientation" does not include a physical or | 13 | | sexual attraction to a minor by an adult. | 14 | | (O-5) Source of income. "Source of income" means the | 15 | | lawful manner by which an individual supports himself or | 16 | | herself and his or her dependents. | 17 | | (P) Unfavorable military discharge. "Unfavorable military | 18 | | discharge" includes discharges from the Armed Forces of the | 19 | | United States, their Reserve components, or any National Guard | 20 | | or Naval Militia which are classified as RE-3 or the | 21 | | equivalent thereof, but does not include those characterized | 22 | | as RE-4 or "Dishonorable". | 23 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 24 | | means discrimination against a person because of his or her | 25 | | actual or perceived: race, color, religion, national origin, | 26 | | ancestry, age, sex, marital status, order of protection |
| | | HB4867 | - 11 - | LRB103 37426 JRC 67548 b |
|
| 1 | | status, disability, military status, sexual orientation, | 2 | | pregnancy, reproductive health decisions, or unfavorable | 3 | | discharge from military service as those terms are defined in | 4 | | this Section. | 5 | | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | 6 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | 7 | | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.) | 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act. |
|