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Public Act 095-0668
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| SB0593 Enrolled |
LRB095 08838 AJO 29024 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by |
changing Sections 1-102, 1-103, 3-102.1, 3-104.1, 5-101, and |
5-102 and by adding Section 5-102.1 as follows:
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(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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Sec. 1-102. Declaration of Policy. It is the public policy |
of this State:
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(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 disability
handicap, military
status, |
sexual orientation, or unfavorable
discharge from military |
service in connection with employment, real estate
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transactions, access to financial credit, and the availability |
of public
accommodations.
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(B) Freedom from Sexual Harassment-Employment and Higher |
Education.
To prevent sexual harassment in employment and |
sexual harassment in
higher education.
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(C) Freedom from Discrimination Based on Citizenship |
Status-Employment.
To prevent discrimination based on |
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citizenship status in employment.
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(D) Freedom from Discrimination Based on Familial |
Status-Real Estate
Transactions. To prevent discrimination |
based on familial status in real
estate transactions.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 93-1078, eff. 1-1-06.)
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(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:
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(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.
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(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.
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(C) Charge. "Charge" means an allegation filed with the |
Department
by an aggrieved party or initiated by the Department |
under its
authority.
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(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.
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(E) Commission. "Commission" means the Human Rights |
Commission
created by this Act.
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(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.
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(G) Complainant. "Complainant" means a person including |
the
Department who files a charge of civil rights violation |
with the Department or
the Commission.
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(H) Department. "Department" means the Department of Human |
Rights
created by this Act.
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(I) Disability
Handicap. "Disability"
"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,
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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:
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(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
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disability
handicap;
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(2) For purposes of Article 3, is unrelated to the |
person's ability
to acquire, rent or maintain a housing |
accommodation;
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(3) For purposes of Article 4, is unrelated to a |
person's ability to
repay;
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(4) For purposes of Article 5, is unrelated to a |
person's ability to
utilize and benefit from a place of |
public accommodation.
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(J) Marital Status. "Marital status" means the legal status |
of being
married, single, separated, divorced or widowed.
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(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
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Reserve, or status as a current member or veteran of the |
Illinois Army National Guard or Illinois Air National
Guard.
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(K) National Origin. "National origin" means the place in |
which a
person or one of his or her ancestors was born.
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(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.
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(M) Public Contract. "Public contract" includes every |
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contract to which the
State, any of its political subdivisions |
or any municipal corporation is a
party.
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(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.
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(O) Sex. "Sex" means the status of being male or female.
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(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
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birth. "Sexual orientation" does not include a physical or |
sexual attraction to a minor by an adult.
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(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".
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(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, disability
handicap, military status, sexual
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orientation,
or unfavorable
discharge from military service as |
those terms are defined in this Section.
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(Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06; |
94-803, eff. 5-26-06.)
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(775 ILCS 5/3-102.1) (from Ch. 68, par. 3-102.1)
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Sec. 3-102.1. Disability
Handicap. (A) It is a civil rights |
violation to refuse
to sell or rent or to otherwise
make |
unavailable or deny a dwelling to any buyer or renter because |
of a
disability
handicap of that buyer or renter, a disability
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handicap of a person residing or intending
to reside in that |
dwelling after it is sold, rented or made available or
a |
disability
handicap of any person associated with the buyer or |
renter.
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(B) It is a civil rights violation to alter the terms, |
conditions or privileges
of sale or rental of a dwelling or the |
provision of services or facilities
in connection with such |
dwelling because of a disability of a person with a disability
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person's handicap
or a disability
handicap of any person |
residing or intending to reside in that dwelling
after it is |
sold, rented or made available, or a disability
handicap of any |
person associated
with that person.
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(C) It is a civil rights violation:
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(1) to refuse to permit, at the expense of the handicapped
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person with a disability,
reasonable modifications of existing |
premises occupied or to be occupied by
such person if such |
modifications may be necessary to afford such person
full |
enjoyment of the premises; except that, in the case of a |
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rental, the
landlord may, where it is reasonable to do so, |
condition permission for a
modification on the renter agreeing |
to restore the interior of the premises
to the condition that |
existed before modifications, reasonable wear
and tear
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excepted. The landlord may not increase for handicapped persons |
with a disability any
customarily required security deposit. |
However, where it is necessary in
order to ensure with |
reasonable certainty that funds will be available to
pay for |
the restorations at the end of the tenancy, the landlord may
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negotiate as part of such a restoration agreement a provision |
requiring
that the tenant pay into an interest bearing escrow |
account, over a reasonable
period, a reasonable amount of money |
not to exceed the cost of the
restorations. The interest in any |
such account shall accrue to the benefit
of the tenant. A |
landlord may condition permission for a modification on
the |
renter providing a reasonable description of the proposed |
modifications
as well as reasonable assurances that the work |
will be done in
a workmanlike manner and that any required |
building permits will be obtained;
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(2) to refuse to make reasonable accommodations in rules, |
policies,
practices, or services, when such accommodations may |
be necessary to afford
such person equal opportunity to use and |
enjoy a dwelling; or
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(3) in connection with the design and construction of |
covered
multifamily dwellings for first occupancy after March |
13, 1991,
to fail to design and construct those dwellings in
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such a manner that:
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(a) the public use and common use portions of such |
dwellings are readily
accessible to and usable by handicapped
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persons with a disability;
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(b) all the doors designed to allow passage into and within |
all premises
within such dwellings are sufficiently wide to |
allow passage by handicapped
persons with a disability in |
wheelchairs; and
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(c) all premises within such dwellings contain the |
following features of
adaptive design:
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(i) an accessible route into and through the dwelling;
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(ii) light switches, electrical outlets, thermostats, and |
other
environmental controls in accessible locations;
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(iii) reinforcements in bathroom walls to allow later |
installation of grab bars; and
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(iv) usable kitchens and bathrooms such that an individual |
in a
wheelchair can maneuver about the space.
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(D) Compliance with the appropriate standards of the |
Illinois Accessibility
Code for adaptable dwelling units (71 |
Illinois Administrative Code Section 400.350 (e)
1-6) suffices |
to satisfy the requirements of subsection (C)(3)(c).
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(E) If a unit of local government has incorporated into its |
law the
requirements set forth in subsection (C) (3), |
compliance
with its law shall be deemed to satisfy the |
requirements of that subsection.
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(F) A unit of local government may review and approve newly |
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constructed
covered multifamily dwellings for the purpose of |
making determinations as
to whether the design and construction |
requirements
of subsection (C)(3) are met.
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(G) The Department shall encourage, but may not require, |
units of local
government to include in their existing |
procedures for the review and
approval of newly constructed |
covered multifamily dwellings, determinations
as to whether |
the design and construction of such dwellings are consistent
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with subsection (C)(3), and shall provide technical
assistance |
to units of local government and other persons to implement the
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requirements of subsection (C)(3).
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(H) Nothing in this Act shall be construed to require the |
Department
to review or approve the plans, designs or |
construction of all covered
multifamily dwellings to determine |
whether the design and construction of
such dwellings are |
consistent with the requirements of
subsection (C)(3).
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(I) Nothing in subsections (E), (F), (G) or (H) shall be |
construed to
affect the authority
and responsibility of the |
Department to receive and
process complaints or otherwise |
engage in enforcement activities under
State and local law.
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(J) Determinations by a unit of local government under |
subsections (E)
and (F) shall not be conclusive in enforcement |
proceedings under this Act
if those determinations are not in |
accord with the terms of this Act.
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(K) Nothing in this Section requires that a dwelling be |
made available to
an individual whose tenancy would constitute |
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a direct threat to the health
or safety of others or would |
result in substantial physical damage to the
property of |
others.
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(Source: P.A. 86-910.)
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(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
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Sec. 3-104.1. Refusal to sell or rent because a person has |
a guide,
hearing or support dog. It is a civil rights violation |
for the
owner or agent of any housing accommodation to:
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(A) refuse to sell or rent after the making of a bonafide |
offer, or to
refuse to negotiate for the sale or rental of, or |
otherwise make unavailable
or deny property to any blind, |
hearing impaired or physically
disabled
handicapped person |
because he has a guide, hearing or support dog; or
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(B) discriminate against any blind, hearing impaired or |
physically
disabled
handicapped person in the terms, |
conditions, or privileges of sale or
rental property, or in the |
provision of services or facilities in connection
therewith, |
because he has a guide, hearing or support dog; or
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(C) require, because a blind, hearing impaired or |
physically
disabled
handicapped person has a guide, hearing or |
support dog,
an extra charge in a lease, rental agreement, or |
contract of purchase or
sale, other than for actual damage done |
to the premises by the dog.
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(Source: P.A. 83-93.)
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(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
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Sec. 5-101. Definitions) The following definitions are |
applicable
strictly in the context of this Article:
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(A) Place of Public Accommodation. (1) "Place of public
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accommodation" includes, but is not limited to
means:
a |
business, accommodation, refreshment,
entertainment, |
recreation, or transportation facility of any kind,
whether |
licensed or not, whose goods, services, facilities, |
privileges,
advantages or accommodations are extended, |
offered, sold, or otherwise
made available to the public.
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(1) an inn, hotel, motel, or other place of lodging, |
except
for an establishment located within a building that |
contains
not more than 5 units for rent or hire and that is |
actually
occupied by the proprietor of such establishment |
as the
residence of such proprietor; |
(2) a restaurant, bar, or other establishment serving |
food or
drink; |
(3) a motion picture house, theater, concert hall, |
stadium,
or other place of exhibition or entertainment; |
(4) an auditorium, convention center, lecture hall, or |
other
place of public gathering; |
(5) a bakery, grocery store, clothing store, hardware |
store,
shopping center, or other sales or rental |
establishment; |
(6) a laundromat, dry-cleaner, bank, barber shop, |
beauty
shop, travel service, shoe repair service, funeral |
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parlor, gas
station, office of an accountant or lawyer, |
pharmacy, insurance
office, professional office of a |
health care provider,
hospital, or other service |
establishment; |
(7) public conveyances on air, water, or land;
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(8) a terminal, depot, or other station used for |
specified
public transportation; |
(9) a museum, library, gallery, or other place of |
public
display or collection; |
(10) a park, zoo, amusement park, or other place of
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recreation; |
(11) a non-sectarian nursery, day care center, |
elementary, secondary, undergraduate, or postgraduate |
school, or other place of education in regard to the |
failure to enroll an individual or the denial of access to |
its facilities, goods, or services, except that the |
Department shall not have jurisdiction over
charges |
involving curriculum content, course content, or course |
offerings, conduct of the class by the teacher or |
instructor, or any activity within the classroom or |
connected with a class activity such as physical education; |
(12) a senior citizen center, homeless
shelter, food |
bank, non-sectarian adoption agency, or other social |
service
center establishment; and |
(13) a gymnasium, health spa, bowling alley, golf |
course, or
other place of exercise or recreation.
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(2) By way of example, but not of limitation, "place of |
public
accommodation" includes facilities of the following |
types: inns,
restaurants, eating houses, hotels, soda |
fountains, soft drink parlors,
taverns, roadhouses, barber |
shops, department stores, clothing stores,
hat stores, shoe |
stores, bathrooms, restrooms, theatres, skating rinks,
public |
golf courses, public golf driving ranges, concerts, cafes,
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bicycle rinks, elevators, ice cream parlors or rooms, |
railroads,
omnibuses, busses, stages, airplanes, street cars, |
boats, funeral
hearses, crematories, cemeteries, and public |
conveyances on land, water,
or air, public swimming pools and |
other places of public accommodation
and amusement.
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(B) Operator. "Operator" means any owner, lessee, |
proprietor,
manager, superintendent, agent, or occupant of a |
place of public
accommodation or an employee of any such person |
or persons.
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(C) Public Official. "Public official" means any officer or |
employee
of the state or any agency thereof, including state |
political subdivisions,
municipal corporations, park |
districts, forest preserve districts, educational
institutions |
and schools.
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(Source: P.A. 81-1267.)
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(775 ILCS 5/5-102) (from Ch. 68, par. 5-102)
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Sec. 5-102. Civil Rights Violations: Public |
Accommodations. It is a civil
rights violation for any person |
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on the basis of unlawful discrimination to:
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(A) Enjoyment of Facilities, Goods, and Services. Deny or |
refuse to another the full and equal
enjoyment of the |
facilities, goods, and services of any public place of |
accommodation;
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(B) Written Communications. Directly or indirectly, as the |
operator of
a place of public accommodation, publish, |
circulate, display or mail any
written communication, except a |
private communication sent in response to
a specific inquiry, |
which the operator knows is to the effect that any of
the |
facilities of the place of public accommodation will be denied |
to any
person or that any person is
unwelcome, objectionable or |
unacceptable because of unlawful discrimination;
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(C) Public Officials. Deny or refuse to another, as a |
public official,
the full and equal enjoyment of the |
accommodations, advantage, facilities
or privileges of the |
official's office or services or of any property under
the |
official's care because of unlawful discrimination.
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(Source: P.A. 81-1216.)
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(775 ILCS 5/5-102.1 new) |
Sec. 5-102.1. No Civil Rights Violation: Public |
Accommodations. It is not a civil rights violation for a |
medical, dental, or other health care professional or a private |
professional service provider such as a lawyer, accountant, or |
insurance agent to refer or refuse to treat or provide services |