Illinois General Assembly - Full Text of HB4867
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Full Text of HB4867  103rd General Assembly

HB4867eng 103RD GENERAL ASSEMBLY

 


 
HB4867 EngrossedLRB103 37426 JRC 67548 b

1    AN ACT concerning civil law.
 
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 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
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship

 

 

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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial Status
8or Source of Income-Real Estate Transactions. To prevent
9discrimination based on familial status or source of income in
10real estate transactions.
11    (E) Public Health, Welfare and Safety. To promote the
12public health, welfare and safety by protecting the interest
13of all people in Illinois in maintaining personal dignity, in
14realizing their full productive capacities, and in furthering
15their interests, rights and privileges as citizens of this
16State.
17    (F) Implementation of Constitutional Guarantees. To secure
18and guarantee the rights established by Sections 17, 18 and 19
19of Article I of the Illinois Constitution of 1970.
20    (G) Equal Opportunity, Affirmative Action. To establish
21Equal Opportunity and Affirmative Action as the policies of
22this State in all of its decisions, programs and activities,
23and to assure that all State departments, boards, commissions
24and instrumentalities rigorously take affirmative action to
25provide equality of opportunity and eliminate the effects of
26past discrimination in the internal affairs of State

 

 

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1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of unlawful discrimination, sexual
4harassment in employment and sexual harassment in elementary,
5secondary, and higher education, and discrimination based on
6citizenship status or work authorization status in employment.
7(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
8    (Text of Section after amendment by P.A. 103-472)
9    Sec. 1-102. Declaration of policy. It is the public
10policy of this State:
11    (A) Freedom from Unlawful Discrimination. To secure for
12all individuals within Illinois the freedom from
13discrimination based on race, color, religion, sex, national
14origin, ancestry, age, order of protection status, marital
15status, physical or mental disability, military status, sexual
16orientation, pregnancy, reproductive health decisions, or
17unfavorable discharge from military service in connection with
18employment, real estate transactions, access to financial
19credit, and the availability of public accommodations,
20including in elementary, secondary, and higher education.
21    (B) Freedom from Sexual Harassment-Employment and
22Elementary, Secondary, and Higher Education. To prevent sexual
23harassment in employment and sexual harassment in elementary,
24secondary, and higher education.
25    (C) Freedom from Discrimination Based on Citizenship

 

 

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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial Status
8or Source of Income-Real Estate Transactions. To prevent
9discrimination based on familial status or source of income in
10real estate transactions.
11    (E) Public Health, Welfare and Safety. To promote the
12public health, welfare and safety by protecting the interest
13of all people in Illinois in maintaining personal dignity, in
14realizing their full productive capacities, and in furthering
15their interests, rights and privileges as citizens of this
16State.
17    (F) Implementation of Constitutional Guarantees. To secure
18and guarantee the rights established by Sections 17, 18 and 19
19of Article I of the Illinois Constitution of 1970.
20    (G) Equal Opportunity, Affirmative Action. To establish
21Equal Opportunity and Affirmative Action as the policies of
22this State in all of its decisions, programs and activities,
23and to assure that all State departments, boards, commissions
24and instrumentalities rigorously take affirmative action to
25provide equality of opportunity and eliminate the effects of
26past discrimination in the internal affairs of State

 

 

HB4867 Engrossed- 5 -LRB103 37426 JRC 67548 b

1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of prohibited discrimination in
4employment, real estate transactions, financial credit, and
5public accommodations, including in elementary, secondary, and
6higher education.
7(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23;
8103-472, eff. 8-1-24.)
 
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
16or apprenticeship programs, for the purposes of Section 2-102,
17"age" means the chronological age of a person who is 18 but not
18yet 40 years old.
19    (B) Aggrieved party. "Aggrieved party" means a person who
20is alleged or proved to have been injured by a civil rights
21violation or believes he or she will be injured by a civil
22rights violation under Article 3 that is about to occur.
23    (B-5) Arrest record. "Arrest record" means:
24        (1) an arrest not leading to a conviction;
25        (2) a juvenile record; or

 

 

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1        (3) criminal history record information ordered
2    expunged, sealed, or impounded under Section 5.2 of the
3    Criminal Identification Act.
4    (C) Charge. "Charge" means an allegation filed with the
5Department by an aggrieved party or initiated by the
6Department under 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,
103-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
115A-102, 6-101, 6-101.5, 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    (G-5) Conviction record. "Conviction record" means
22information indicating that a person has been convicted of a
23felony, misdemeanor or other criminal offense, placed on
24probation, fined, imprisoned, or paroled pursuant to any law
25enforcement or military authority.
26    (H) Department. "Department" means the Department of Human

 

 

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

 

 

HB4867 Engrossed- 8 -LRB103 37426 JRC 67548 b

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

 

 

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1partnerships, associations or organizations, labor
2organizations, labor unions, joint apprenticeship committees,
3or union labor associations, corporations, the State of
4Illinois and its instrumentalities, political subdivisions,
5units of local government, legal representatives, trustees in
6bankruptcy or receivers.
7    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
8or medical or common conditions related to pregnancy or
9childbirth.
10    (M) Public contract. "Public contract" includes every
11contract to which the State, any of its political
12subdivisions, or any municipal corporation is a party.
13    (M-5) Race. "Race" includes traits associated with race,
14including, but not limited to, hair texture and protective
15hairstyles such as braids, locks, and twists.
16    (N) Religion. "Religion" includes all aspects of religious
17observance and practice, as well as belief, except that with
18respect to employers, for the purposes of Article 2,
19"religion" has the meaning ascribed to it in paragraph (F) of
20Section 2-101.
21    (O) Sex. "Sex" means the status of being male or female.
22    (O-1) Sexual orientation. "Sexual orientation" means
23actual or perceived heterosexuality, homosexuality,
24bisexuality, or gender-related identity, whether or not
25traditionally associated with the person's designated sex at
26birth. "Sexual orientation" does not include a physical or

 

 

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1sexual attraction to a minor by an adult.
2    (O-2) Reproductive Health Decisions. "Reproductive Health
3Decisions" means a person's decisions regarding the person's
4use of: contraception; fertility or sterilization care;
5assisted reproductive technologies; miscarriage management
6care; healthcare related to the continuation or termination of
7pregnancy; or prenatal, intranatal, or postnatal care.
8    (O-5) Source of income. "Source of income" means the
9lawful manner by which an individual supports himself or
10herself and his or her dependents.
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
15equivalent thereof, but does not include those characterized
16as RE-4 or "Dishonorable".
17    (Q) Unlawful discrimination. "Unlawful discrimination"
18means discrimination against a person because of his or her
19actual or perceived: race, color, religion, national origin,
20ancestry, age, sex, marital status, order of protection
21status, disability, military status, sexual orientation,
22pregnancy, reproductive health decisions, or unfavorable
23discharge from military service as those terms are defined in
24this Section.
25(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
26102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.

 

 

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11-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.