Public Act 103-0785
 
HB4867 EnrolledLRB103 37426 JRC 67548 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by 
changing Sections 1-102 and 1-103 as follows:
 
    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 1-102. Declaration of policy.  It is the public 
policy of this State: 
    (A) Freedom from Unlawful Discrimination. To secure for 
all individuals within Illinois the freedom from 
discrimination against any individual because of his or her 
race, color, religion, sex, national origin, ancestry, age, 
order of protection status, marital status, physical or mental 
disability, military status, sexual orientation, pregnancy, or 
unfavorable discharge from military service in connection with 
employment, real estate transactions, access to financial 
credit, and the availability of public accommodations. 
    (B) Freedom from Sexual Harassment-Employment and 
Elementary, Secondary, and Higher Education. To prevent sexual 
harassment in employment and sexual harassment in elementary, 
secondary, and higher education. 
    (C) Freedom from Discrimination Based on Citizenship 
Status-Employment. To prevent discrimination based on 
citizenship status in employment. 
    (C-5) Freedom from Discrimination Based on Work 
Authorization Status-Employment. To prevent discrimination 
based on the specific status or term of status that 
accompanies a legal work authorization. 
    (D) Freedom from Discrimination Based on Familial Status 
or Source of Income-Real Estate Transactions. To prevent 
discrimination based on familial status or source of income in 
real estate transactions. 
    (E) Public Health, Welfare and Safety. To promote the 
public health, welfare and safety by protecting the interest 
of all people in Illinois in maintaining personal dignity, in 
realizing their full productive capacities, and in furthering 
their interests, rights and privileges as citizens of this 
State. 
    (F) Implementation of Constitutional Guarantees. To secure 
and guarantee the rights established by Sections 17, 18 and 19 
of Article I of the Illinois Constitution of 1970. 
    (G) Equal Opportunity, Affirmative Action. To establish 
Equal Opportunity and Affirmative Action as the policies of 
this State in all of its decisions, programs and activities, 
and to assure that all State departments, boards, commissions 
and instrumentalities rigorously take affirmative action to 
provide equality of opportunity and eliminate the effects of 
past discrimination in the internal affairs of State 
government and in their relations with the public. 
    (H) Unfounded Charges. To protect citizens of this State 
against unfounded charges of unlawful discrimination, sexual 
harassment in employment and sexual harassment in elementary, 
secondary, and higher education, and discrimination based on 
citizenship status or work authorization status in employment. 
(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 1-102. Declaration of policy.  It is the public 
policy of this State: 
    (A) Freedom from Unlawful Discrimination. To secure for 
all individuals within Illinois the freedom from 
discrimination based on race, color, religion, sex, national 
origin, ancestry, age, order of protection status, marital 
status, physical or mental disability, military status, sexual 
orientation, pregnancy, reproductive health decisions, or 
unfavorable discharge from military service in connection with 
employment, real estate transactions, access to financial 
credit, and the availability of public accommodations, 
including in elementary, secondary, and higher education. 
    (B) Freedom from Sexual Harassment-Employment and 
Elementary, Secondary, and Higher Education. To prevent sexual 
harassment in employment and sexual harassment in elementary, 
secondary, and higher education. 
    (C) Freedom from Discrimination Based on Citizenship 
Status-Employment. To prevent discrimination based on 
citizenship status in employment. 
    (C-5) Freedom from Discrimination Based on Work 
Authorization Status-Employment. To prevent discrimination 
based on the specific status or term of status that 
accompanies a legal work authorization. 
    (D) Freedom from Discrimination Based on Familial Status 
or Source of Income-Real Estate Transactions. To prevent 
discrimination based on familial status or source of income in 
real estate transactions. 
    (E) Public Health, Welfare and Safety. To promote the 
public health, welfare and safety by protecting the interest 
of all people in Illinois in maintaining personal dignity, in 
realizing their full productive capacities, and in furthering 
their interests, rights and privileges as citizens of this 
State. 
    (F) Implementation of Constitutional Guarantees. To secure 
and guarantee the rights established by Sections 17, 18 and 19 
of Article I of the Illinois Constitution of 1970. 
    (G) Equal Opportunity, Affirmative Action. To establish 
Equal Opportunity and Affirmative Action as the policies of 
this State in all of its decisions, programs and activities, 
and to assure that all State departments, boards, commissions 
and instrumentalities rigorously take affirmative action to 
provide equality of opportunity and eliminate the effects of 
past discrimination in the internal affairs of State 
government and in their relations with the public. 
    (H) Unfounded Charges. To protect citizens of this State 
against unfounded charges of prohibited discrimination in 
employment, real estate transactions, financial credit, and 
public accommodations, including in elementary, secondary, and 
higher education. 
(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; 
103-472, eff. 8-1-24.)
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General definitions.  When used in this Act, 
unless the context requires otherwise, the term: 
    (A) Age. "Age" means the chronological age of a person who 
is at least 40 years old, except with regard to any practice 
described in Section 2-102, insofar as that practice concerns 
training or apprenticeship programs. In the case of training 
or apprenticeship programs, for the purposes of Section 2-102, 
"age" means the chronological age of a person who is 18 but not 
yet 40 years old. 
    (B) Aggrieved party. "Aggrieved party" means a person who 
is alleged or proved to have been injured by a civil rights 
violation or believes he or she will be injured by a civil 
rights violation under Article 3 that is about to occur. 
    (B-5) Arrest record. "Arrest record" means:
        (1) an arrest not leading to a conviction;
        (2) a juvenile record; or
        (3) criminal history record information ordered 
    expunged, sealed, or impounded under Section 5.2 of the 
    Criminal Identification Act. 
    (C) Charge. "Charge" means an allegation filed with the 
Department by an aggrieved party or initiated by the 
Department under its authority. 
    (D) Civil rights violation. "Civil rights violation" 
includes and shall be limited to only those specific acts set 
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 
5A-102, 6-101, 6-101.5, and 6-102 of this Act. 
    (E) Commission. "Commission" means the Human Rights 
Commission created by this Act. 
    (F) Complaint. "Complaint" means the formal pleading filed 
by the Department with the Commission following an 
investigation and finding of substantial evidence of a civil 
rights violation. 
    (G) Complainant. "Complainant" means a person including 
the Department who files a charge of civil rights violation 
with the Department or the Commission. 
    (G-5) Conviction record. "Conviction record" means 
information indicating that a person has been convicted of a 
felony, misdemeanor or other criminal offense, placed on 
probation, fined, imprisoned, or paroled pursuant to any law 
enforcement or military authority.
    (H) Department. "Department" means the Department of Human 
Rights created by this Act. 
    (I) Disability. 
    (1) "Disability" means a determinable physical or mental 
characteristic of a person, including, but not limited to, a 
determinable physical characteristic which necessitates the 
person's use of a guide, hearing or support dog, the history of 
such characteristic, or the perception of such characteristic 
by the person complained against, which may result from 
disease, injury, congenital condition of birth or functional 
disorder and which characteristic: 
        (a) For purposes of Article 2, is unrelated to the 
    person's ability to perform the duties of a particular job 
    or position and, pursuant to Section 2-104 of this Act, a 
    person's illegal use of drugs or alcohol is not a 
    disability; 
        (b) For purposes of Article 3, is unrelated to the 
    person's ability to acquire, rent, or maintain a housing 
    accommodation; 
        (c) For purposes of Article 4, is unrelated to a 
    person's ability to repay; 
        (d) For purposes of Article 5, is unrelated to a 
    person's ability to utilize and benefit from a place of 
    public accommodation; 
        (e) For purposes of Article 5, also includes any 
    mental, psychological, or developmental disability, 
    including autism spectrum disorders. 
    (2) Discrimination based on disability includes unlawful 
discrimination against an individual because of the 
individual's association with a person with a disability. 
    (J) Marital status. "Marital status" means the legal 
status of being married, single, separated, divorced, or 
widowed. 
    (J-1) Military status. "Military status" means a person's 
status on active duty in or status as a veteran of the armed 
forces of the United States, status as a current member or 
veteran of any reserve component of the armed forces of the 
United States, including the United States Army Reserve, 
United States Marine Corps Reserve, United States Navy 
Reserve, United States Air Force Reserve, and United States 
Coast Guard Reserve, or status as a current member or veteran 
of the Illinois Army National Guard or Illinois Air National 
Guard. 
    (K) National origin. "National origin" means the place in 
which a person or one of his or her ancestors was born. 
    (K-5) "Order of protection status" means a person's status 
as being a person protected under an order of protection 
issued pursuant to the Illinois Domestic Violence Act of 1986, 
Article 112A of the Code of Criminal Procedure of 1963, the 
Stalking No Contact Order Act, or the Civil No Contact Order 
Act, or an order of protection issued by a court of another 
state. 
    (L) Person. "Person" includes one or more individuals, 
partnerships, associations or organizations, labor 
organizations, labor unions, joint apprenticeship committees, 
or union labor associations, corporations, the State of 
Illinois and its instrumentalities, political subdivisions, 
units of local government, legal representatives, trustees in 
bankruptcy or receivers. 
    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, 
or medical or common conditions related to pregnancy or 
childbirth. 
    (M) Public contract. "Public contract" includes every 
contract to which the State, any of its political 
subdivisions, or any municipal corporation is a party. 
    (M-5) Race. "Race" includes traits associated with race, 
including, but not limited to, hair texture and protective 
hairstyles such as braids, locks, and twists. 
    (N) Religion. "Religion" includes all aspects of religious 
observance and practice, as well as belief, except that with 
respect to employers, for the purposes of Article 2, 
"religion" has the meaning ascribed to it in paragraph (F) of 
Section 2-101. 
    (O) Sex. "Sex" means the status of being male or female. 
    (O-1) Sexual orientation. "Sexual orientation" means 
actual or perceived heterosexuality, homosexuality, 
bisexuality, or gender-related identity, whether or not 
traditionally associated with the person's designated sex at 
birth. "Sexual orientation" does not include a physical or 
sexual attraction to a minor by an adult. 
    (O-2) Reproductive Health Decisions. "Reproductive Health 
Decisions" means a person's decisions regarding the person's 
use of: contraception; fertility or sterilization care; 
assisted reproductive technologies; miscarriage management 
care; healthcare related to the continuation or termination of 
pregnancy; or prenatal, intranatal, or postnatal care. 
    (O-5) Source of income. "Source of income" means the 
lawful manner by which an individual supports himself or 
herself and his or her dependents. 
    (P) Unfavorable military discharge. "Unfavorable military 
discharge" includes discharges from the Armed Forces of the 
United States, their Reserve components, or any National Guard 
or Naval Militia which are classified as RE-3 or the 
equivalent thereof, but does not include those characterized 
as RE-4 or "Dishonorable". 
    (Q) Unlawful discrimination. "Unlawful discrimination" 
means discrimination against a person because of his or her 
actual or perceived: race, color, religion, national origin, 
ancestry, age, sex, marital status, order of protection 
status, disability, military status, sexual orientation, 
pregnancy, reproductive health decisions, or unfavorable 
discharge from military service as those terms are defined in 
this Section. 
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 
1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.