State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT in relation to human rights.

 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, 1-103, and 3-102 as follows:

 6        (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
 7        Sec. 1-102. Declaration  of  Policy.  It  is  the  public
 8    policy of this State:
 9        (A)  Freedom  from Unlawful Discrimination. To secure for
10    all   individuals   within   Illinois   the   freedom    from
11    discrimination  against  any individual because of his or her
12    race, color, religion, sex, national origin,  ancestry,  age,
13    marital status, physical or mental handicap, military status,
14    or  unfavorable discharge from military service in connection
15    with  employment,  real  estate   transactions,   access   to
16    financial    credit,   and   the   availability   of   public
17    accommodations.
18        (B)  Freedom from Sexual Harassment-Employment and Higher
19    Education. To prevent sexual  harassment  in  employment  and
20    sexual harassment in higher education.
21        (C)  Freedom  from  Discrimination  Based  on Citizenship
22    Status-Employment.  To  prevent   discrimination   based   on
23    citizenship status in employment.
24        (D)  Freedom from Discrimination Based on Familial Status
25    or  Source  of  Income-Real  Estate Transactions.  To prevent
26    discrimination based on familial status or source  of  income
27    in real estate transactions.
28        (E)  Public  Health,  Welfare  and Safety. To promote the
29    public health, welfare and safety by protecting the  interest
30    of all people in Illinois in maintaining personal dignity, in
31    realizing their full productive capacities, and in furthering
                            -2-                LRB9214210DJgc
 1    their  interests,  rights  and privileges as citizens of this
 2    State.
 3        (F)  Implementation  of  Constitutional  Guarantees.   To
 4    secure  and  guarantee the rights established by Sections 17,
 5    18 and 19 of Article I of the Illinois Constitution of 1970.
 6        (G)  Equal Opportunity, Affirmative Action. To  establish
 7    Equal  Opportunity  and Affirmative Action as the policies of
 8    this State in all of its decisions, programs and  activities,
 9    and to assure that all State departments, boards, commissions
10    and  instrumentalities  rigorously take affirmative action to
11    provide equality of opportunity and eliminate the effects  of
12    past   discrimination   in  the  internal  affairs  of  State
13    government and in their relations with the public.
14        (H)  Unfounded Charges. To protect citizens of this State
15    against unfounded charges of unlawful discrimination,  sexual
16    harassment  in  employment  and  sexual  harassment in higher
17    education, and discrimination based on citizenship status  in
18    employment.
19    (Source: P.A. 87-579; 88-178.)

20        (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
21        Sec.  1-103.  General Definitions. When used in this Act,
22    unless the context requires otherwise, the term:
23        (A)  Age.  "Age" means the chronological age of a  person
24    who  is  at  least  40  years  old, except with regard to any
25    practice described in Section 2-102, insofar as that practice
26    concerns training or apprenticeship programs. In the case  of
27    training  or  apprenticeship  programs,  for  the purposes of
28    Section 2-102, "age" means the chronological age of a  person
29    who is 18 but not yet 40 years old.
30        (B)  Aggrieved  Party.  "Aggrieved  party" means a person
31    who is alleged or proved to have  been  injured  by  a  civil
32    rights  violation  or believes he or she will be injured by a
33    civil rights violation under  Article  3  that  is  about  to
                            -3-                LRB9214210DJgc
 1    occur.
 2        (C)  Charge.  "Charge" means an allegation filed with the
 3    Department  by  an  aggrieved  party  or  initiated  by   the
 4    Department under its authority.
 5        (D)  Civil  Rights  Violation.  "Civil  rights violation"
 6    includes and shall be limited to only those specific acts set
 7    forth in Sections 2-102, 2-103, 2-105, 3-102,  3-103,  3-104,
 8    3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
 9    Act.
10        (E)  Commission.  "Commission"  means  the  Human  Rights
11    Commission created by this Act.
12        (F)  Complaint.  "Complaint"  means  the  formal pleading
13    filed by the Department  with  the  Commission  following  an
14    investigation  and finding of substantial evidence of a civil
15    rights violation.
16        (G)  Complainant. "Complainant" means a person  including
17    the  Department  who files a charge of civil rights violation
18    with the Department or the Commission.
19        (H)  Department. "Department"  means  the  Department  of
20    Human Rights created by this Act.
21        (I)  Handicap.  "Handicap"  means a determinable physical
22    or mental characteristic of  a  person,  including,  but  not
23    limited  to,  a  determinable  physical  characteristic which
24    necessitates the person's use of a guide, hearing or  support
25    dog, the history of such characteristic, or the perception of
26    such  characteristic  by the person complained against, which
27    may result from  disease,  injury,  congenital  condition  of
28    birth or functional disorder and which characteristic:
29             (1)  For  purposes  of Article 2 is unrelated to the
30        person's ability to perform the duties  of  a  particular
31        job  or  position  and, pursuant to Section 2-104 of this
32        Act, a person's illegal use of drugs or alcohol is not  a
33        handicap;
34             (2)  For  purposes of Article 3, is unrelated to the
                            -4-                LRB9214210DJgc
 1        person's ability to acquire, rent or maintain  a  housing
 2        accommodation;
 3             (3)  For  purposes  of  Article 4, is unrelated to a
 4        person's ability to repay;
 5             (4)  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        (J)  Marital Status. "Marital  status"  means  the  legal
 9    status  of  being  married,  single,  separated,  divorced or
10    widowed.
11        (J-1)  Military  Status.   "Military  status"   means   a
12    person's  status  on  active  duty in the armed forces of the
13    United States.
14        (K)  National Origin. "National origin" means  the  place
15    in which a person or one of his or her ancestors was born.
16        (L)  Person.  "Person"  includes one or more individuals,
17    partnerships,   associations    or    organizations,    labor
18    organizations, labor unions, joint apprenticeship committees,
19    or  union  labor  associations,  corporations,  the  State of
20    Illinois and its instrumentalities,  political  subdivisions,
21    units of local government, legal representatives, trustees in
22    bankruptcy or receivers.
23        (M)  Public  Contract.  "Public  contract" includes every
24    contract  to  which  the  State,   any   of   its   political
25    subdivisions or any municipal corporation is a party.
26        (N)  Religion.   "Religion"   includes   all  aspects  of
27    religious observance and practice, as well as belief,  except
28    that  with  respect to employers, for the purposes of Article
29    2, "religion" has the meaning ascribed to it in paragraph (F)
30    of Section 2-101.
31        (O)  Sex. "Sex" means the status of being male or female.
32        (O-5)  Source of Income.  "Source of  income"  means  the
33    source  of  any  lawful  income  or  any lawful rent payment,
34    including any subsidy  authorized  under  Section  8  of  the
                            -5-                LRB9214210DJgc
 1    United States Housing Act of 1937 and any other local, State,
 2    or federal subsidy or benefit.
 3        (P)  Unfavorable    Military    Discharge.   "Unfavorable
 4    military discharge" includes discharges from the Armed Forces
 5    of  the  United  States,  their  Reserve  components  or  any
 6    National Guard or Naval Militia which are classified as  RE-3
 7    or  the  equivalent  thereof,  but  does  not  include  those
 8    characterized as RE-4 or "Dishonorable".
 9        (Q)  Unlawful  Discrimination.  "Unlawful discrimination"
10    means discrimination against a person because of his  or  her
11    race,  color,  religion, national origin, ancestry, age, sex,
12    marital status, handicap,  military  status,  or  unfavorable
13    discharge from military service as those terms are defined in
14    this Section.
15    (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)

16        (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
17        Sec.   3-102.   Civil  Rights  Violations;   Real  Estate
18    Transactions)  It is a civil rights violation for an owner or
19    any other person engaging in a real  estate  transaction,  or
20    for  a  real  estate  broker or salesman, because of unlawful
21    discrimination or familial status or source of income, to
22        (A)  Transaction.  Refuse to  engage  in  a  real  estate
23    transaction  with  a  person  or  to  discriminate  in making
24    available such a transaction;
25        (B)  Terms.  Alter the terms, conditions or privileges of
26    a real estate transaction or in the furnishing of  facilities
27    or services in connection therewith;
28        (C)  Offer.  Refuse  to  receive or to fail to transmit a
29    bona fide offer to engage in a real estate transaction from a
30    person;
31        (D)  Negotiation.  Refuse to negotiate for a real  estate
32    transaction with a person;
33        (E)  Representations.   Represent  to  a person that real
                            -6-                LRB9214210DJgc
 1    property is not available for inspection,  sale,  rental,  or
 2    lease  when in fact it is so available, or to fail to bring a
 3    property listing to his or her attention,  or  to  refuse  to
 4    permit him or her to inspect real property;
 5        (F)  Publication  of  Intent.   Print,  circulate,  post,
 6    mail,  publish  or cause to be so published a written or oral
 7    statement, advertisement  or  sign,  or  to  use  a  form  of
 8    application  for  a  real  estate  transaction,  or to make a
 9    record or inquiry  in  connection  with  a  prospective  real
10    estate  transaction,  which  expresses any limitation founded
11    upon, or indicates, directly  or  indirectly,  an  intent  to
12    engage in unlawful discrimination;
13        (G)  Listings.   Offer,  solicit, accept, use or retain a
14    listing  of  real  property  with  knowledge  that   unlawful
15    discrimination  or  discrimination  on  the basis of familial
16    status in a real estate transaction is intended.
17    (Source: P.A. 86-910.)

[ Top ]