Public Act 093-1078
 		





SB3186 Enrolled
LRB093 20455 WGH 46241 b






    AN ACT concerning human rights.

 
    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, 1-103, 3-103, and 3-106 and the 
heading of Article 1 and adding Section
1-101.1
as follows:


 
    (775 ILCS 5/Art. 1 heading)

ARTICLE 1. 
GENERAL PROVISIONS
TITLE, POLICY AND DEFINITIONS


 
    (775 ILCS 5/1-101.1 new)

    Sec. 1-101.1. Construction.   Nothing in this Act shall be 
construed as
requiring any employer, employment agency, or 
labor organization to give
preferential treatment or special 
rights based on sexual orientation or to
implement affirmative 
action policies or programs based on sexual
orientation.


 
    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)

    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,
marital status, 
physical or mental handicap, military
status, sexual 
orientation, 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 Higher 
Education.
To prevent sexual harassment in employment and 
sexual harassment in
higher education.


    (C) Freedom from Discrimination Based on Citizenship 
Status-Employment.
To prevent discrimination based on 
citizenship status in employment.


    (D) Freedom from Discrimination Based on Familial 
Status-Real Estate
Transactions.  To prevent discrimination 
based on familial status 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 higher 
education, and discrimination
based on citizenship status in 
employment.


(Source: P.A. 87-579; 88-178.)

 
    (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.


    (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, 3-103, 3-104, 
3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 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.


    (H) Department. "Department" means the Department of Human 
Rights
created by this Act.


    (I) Handicap. "Handicap" 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:


        (1) 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
handicap;


        (2) For purposes of Article 3, is unrelated to the 
    person's ability
to acquire, rent or maintain a housing 
    accommodation;


        (3) For purposes of Article 4, is unrelated to a 
    person's ability to
repay;


        (4) For purposes of Article 5, is unrelated to a 
    person's ability to
utilize and benefit from a place of 
    public accommodation.


    (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 the armed forces of the United States, 
status as a current member 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 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.


    (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.


    (M) Public Contract. "Public contract" includes every 
contract to which the
State, any of its political subdivisions 
or any municipal corporation is a
party.


    (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.

    (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 
race, color, religion, national origin,
ancestry, age, sex, 
marital status, handicap, military status, sexual
orientation,

or unfavorable
discharge from military service as those terms 
are defined in this Section.


(Source: P.A. 93-941, eff. 8-16-04.)


 
    (775 ILCS 5/3-103)  (from Ch. 68, par. 3-103)

    Sec. 3-103. Blockbusting.)  It is a civil rights violation 
for any
person to:


    (A) Solicitation.  Solicit for sale, lease, listing or 
purchase any
residential real estate within this State, on the 
grounds of loss of
value due to the present or prospective 
entry into the vicinity of the
property involved of any person 
or persons of any particular race,
color, religion, national 
origin, ancestry, age, sex, sexual orientation,
marital 
status,
familial status or
handicap.


    (B) Statements.  Distribute or cause to be distributed, 
written
material or statements designed to induce any owner of 
residential real
estate in this State to sell or lease his or 
her property because of any
present or prospective changes in 
the race, color, religion, national
origin, ancestry, age, sex, 
sexual orientation, marital status, familial
status or 
handicap
of residents in
the vicinity  of the property involved.


    (C) Creating Alarm.  Intentionally create alarm, among 
residents of
any community, by transmitting communications in 
any manner, including
a telephone call
whether or not 
conversation thereby ensues, with a design to induce any
owner 
of residential real estate in this state to sell or lease his 
or
her property because of any present or prospective entry 
into the
vicinity of the property involved of any person or 
persons of any
particular race, color, religion, national 
origin, ancestry, age, sex, sexual
orientation, marital

status, familial status or handicap.


(Source: P.A. 86-910.)

 
    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)

    Sec. 3-106. Exemptions.)  Nothing contained in Section 
3-102 shall
prohibit:


    (A) Private Sales of Single Family Homes.  Any sale of a 
single
family home by its owner so long as the following 
criteria are met:


        (1) The owner does not own or have a beneficial 
    interest in more
than three single family homes at the time 
    of the sale;


        (2) The owner or a member of his or her family was the 
    last current
resident of the home;


        (3) The home is sold without the use in any manner of 
    the sales or
rental facilities or services of any real 
    estate broker or salesman, or
of any employee or agent of 
    any real estate broker or salesman;


        (4) The home is sold without the publication, posting 
    or mailing,
after notice, of any advertisement or written 
    notice in violation of
paragraph (F) of Section 3-102.


    (B) Apartments.  Rental of a housing accommodation in a 
building
which contains housing accommodations for not more 
than five families
living independently of each other, if the 
lessor or a member of his or
her family resides in one of the 
housing accommodations;


    (C) Private Rooms.  Rental of a room or rooms in a private 
home by
an owner if he or she or a member of his or her family 
resides therein or,
while absent for a period of not more than 
twelve months, if he or she or a
member of his or her family 
intends to return to reside therein;


    (D) Reasonable local, State, or Federal restrictions

regarding the maximum number of occupants permitted to occupy a 
dwelling.


    (E) Religious Organizations.  A religious organization, 
association,
or society, or any nonprofit institution or 
organization operated,
supervised or controlled by or in 
conjunction with a religious
organization, association, or 
society, from limiting the sale, rental or
occupancy of a 
dwelling which it owns or operates for other than a
commercial 
purpose to persons of the same religion, or from giving

preference  to such persons, unless membership in such religion 
is
restricted on account of race, color, or national origin.


    (F) Sex.  Restricting the rental of rooms in a housing 
accommodation to
persons of one sex.


    (G) Persons Convicted of Drug-Related Offenses.
Conduct 
against a person because such person has been convicted by
any 
court of competent jurisdiction of the illegal manufacture or

distribution of a controlled substance as defined in Section 
102 of the
federal Controlled Substances Act (21 U.S.C. 802).


    (H) Persons engaged in the business of furnishing 
appraisals of real
property from taking into consideration 
factors other than those based on
unlawful discrimination or 
familial status in furnishing appraisals.


    (H-1) The owner of an owner-occupied residential building 
with 5 or
fewer units (including the unit in which the owner 
resides) from making
decisions regarding whether to rent to a 
person based upon that person's
sexual orientation.


    (I) Housing for Older Persons. No provision in this Article 
regarding
familial status shall apply with respect to housing 
for older persons.


        (1) As used in this Section, "housing for older 
    persons" means housing:


            (a) provided under any State or Federal program 
        that the Department
determines is specifically 
        designed and operated to assist elderly persons
(as 
        defined in the State or Federal program); or


            (b) intended for, and solely occupied by, persons 
        62 years of age or
older;
or


            (c) intended and operated for occupancy by persons 
        55 years of age or
older and:


                (i) at least 80% of the occupied units are 
            occupied by at
least one person who is 55 years of 
            age or older;


                (ii) the housing facility or community 
            publishes and adheres to
policies and procedures

            that demonstrate the intent required under this

            subdivision (c); and


                (iii) the housing facility or community 
            complies with rules adopted by
the
Department for 
            verification of occupancy, which shall:


                    (aa) provide for verification by reliable 
                surveys and affidavits;
and


                    (bb) include examples of the types of 
                policies and procedures
relevant to
a 
                determination of compliance with the 
                requirement of clause (ii).


    These surveys and affidavits shall be admissible in 
administrative and
judicial proceedings for the purposes of 
such verification.


        (2) Housing shall not fail to meet the requirements for 
    housing for
older persons by reason of:


            (a) persons residing in such housing as of the 
        effective date of this
amendatory Act of 1989 who do 
        not meet the age requirements of subsections
(1)(b) or 
        (c); provided, that new occupants of such housing meet 
        the age
requirements of
subsections (1)(b) or (c) of 
        this subsection; or


            (b) unoccupied units; provided, that such units 
        are reserved for
occupancy by persons who meet the age 
        requirements of subsections (1)(b)
or (c) of this 
        subsection.


        (3) (a) A person shall not be held personally liable 
        for monetary damages
for a violation of this Article if 
        the person reasonably relied, in good
faith, on the 
        application of the exemption under this subsection (I) 
        relating
to housing for older persons.


            (b) For the purposes of this item (3), a person may 
        show good faith
reliance on the application of the 
        exemption only by showing that:


                (i) the person has no actual knowledge that the 
            facility or community
is
not, or will not be, 
            eligible for the exemption; and


                (ii) the facility or community has stated 
            formally, in writing, that
the
facility or 
            community complies with the requirements for the 
            exemption.


(Source: P.A. 89-520, eff. 7-18-96.)