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| Public Act 096-1319 | ||||
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing
Sections 1-102, 5A-101, 5A-102, 6-101, 7-106, and | ||||
7-108 and the heading of Article 5A 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, order of | ||||
protection status,
marital status, physical or mental | ||||
disability, 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.
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(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.
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(C) Freedom from Discrimination Based on Citizenship | ||||
Status-Employment.
To prevent discrimination based on | ||
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 elementary, | ||
secondary, and higher education, and discrimination
based on | ||
citizenship status in employment.
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(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10.)
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(775 ILCS 5/Art. 5A heading) | ||
ARTICLE 5A. ELEMENTARY, SECONDARY, AND HIGHER EDUCATION
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(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
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Sec. 5A-101. Definitions. The following definitions are | ||
applicable
strictly in the content of this Article, except that | ||
the term "sexual
harassment
in elementary, secondary, and
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higher education" as defined herein has the meaning herein | ||
ascribed to
it whenever that term is used anywhere in this Act.
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(A) Institution of Elementary, Secondary, or Higher | ||
Education. "Institution of elementary, secondary, or higher | ||
education"
means: (1) a
any
publicly or privately operated | ||
university, college,
community
college, junior college, | ||
business or vocational school, or other educational
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institution offering degrees and instruction beyond the
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secondary
school level; or
(2) a publicly or privately operated | ||
elementary school or secondary school.
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(B) Degree. "Degree" means: (1) a
any designation, | ||
appellation,
series of letters
or words or other symbols which | ||
signifies or purports to signify that the
recipient thereof has | ||
satisfactorily completed an organized academic, business
or | ||
vocational program of study offered beyond the
secondary
school | ||
level; or (2) a designation signifying that the recipient has
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graduated from an elementary school or secondary school.
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(C) Student. "Student" means any individual admitted to or | ||
applying for
admission to an institution of elementary, | ||
secondary, or higher education, or
enrolled on a full or
part | ||
time basis in a course or program of academic, business or | ||
vocational
instruction offered by or through an institution of | ||
elementary, secondary, or higher education.
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(D) Elementary, Secondary, or Higher Education | ||
Representative. "Elementary, secondary, or higher education
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representative"
means and includes the president, chancellor | ||
or other holder of any executive
office on the administrative | ||
staff of an institution of higher education,
an administrator | ||
of an elementary school or secondary school, a
and any member | ||
of the faculty of an institution of higher education,
including
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but not limited to a dean or associate or assistant dean, a | ||
professor or
associate or assistant professor, and a full or | ||
part time instructor or
visiting professor, including a | ||
graduate assistant or other student who
is employed on a | ||
temporary basis of less than full time as a teacher or
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instructor of any course or program of academic, business or | ||
vocational
instruction offered by or through an institution of | ||
higher education, and any
teacher, instructor, or other | ||
employee of an elementary school or secondary school.
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(E) Sexual Harassment in Elementary, Secondary, and Higher | ||
Education. "Sexual harassment in
elementary, secondary, and
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higher
education" means any unwelcome sexual advances or | ||
requests for sexual favors
made by an elementary, secondary, or
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a higher
education representative to a student, or any
conduct | ||
of
a sexual nature exhibited by
an elementary, secondary, or
a
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higher education representative
toward a
student, when such | ||
conduct has the purpose of substantially interfering
with the | ||
student's educational performance or creating an intimidating,
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hostile or offensive educational environment; or when the | ||
elementary, secondary, or higher education
representative | ||
either explicitly or implicitly makes the student's submission
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to such conduct a term or condition of, or uses the student's | ||
submission
to or rejection of such conduct as a basis for | ||
determining:
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(1) Whether the student will be admitted to an institution
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of elementary, secondary, or higher education;
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(2) The educational performance required or expected of the | ||
student;
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(3) The attendance or assignment requirements applicable | ||
to the student;
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(4) To what courses, fields of study or programs, including | ||
honors and
graduate programs, the student will be admitted;
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(5) What placement or course proficiency requirements are | ||
applicable to the
student;
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(6) The quality of instruction the student will receive;
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(7) What tuition or fee requirements are applicable to the | ||
student;
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(8) What scholarship opportunities are available to the | ||
student;
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(9) What extracurricular teams the student will be a member | ||
of or in what
extracurricular competitions the student will | ||
participate;
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(10) Any grade the student will receive in any examination | ||
or in any course
or program of instruction in which the student | ||
is enrolled;
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(11) The progress of the student toward successful | ||
completion of or graduation
from any course or program of | ||
instruction in which the student is enrolled; or
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(12) What degree, if any, the student will receive.
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(Source: P.A. 83-91.)
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(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
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Sec. 5A-102. Civil Rights Violations-Elementary, | ||
Secondary, and Higher Education. It is a civil
rights | ||
violation:
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(A) Elementary, Secondary, or Higher Education | ||
Representative. For any elementary, secondary, or higher | ||
education representative
to commit or engage in sexual | ||
harassment in elementary, secondary, or higher education.
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(B) Institution of Elementary, Secondary, or Higher | ||
Education. For any institution of elementary, secondary, or | ||
higher education
to fail to take remedial action, or to fail to | ||
take appropriate disciplinary
action against an elementary, | ||
secondary, or a higher education representative employed by | ||
such institution,
when such institution knows that such | ||
elementary, secondary, or higher education representative was
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committing or engaging in or committed or engaged
in sexual | ||
harassment in elementary, secondary, or higher education.
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(Source: P.A. 96-574, eff. 8-18-09.)
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(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
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Sec. 6-101. Additional Civil Rights Violations. It is a | ||
civil rights
violation for a person, or for two or more persons | ||
to conspire, to:
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(A) Retaliation. Retaliate against a person because he or | ||
she has
opposed that which he or she reasonably and in good | ||
faith believes to be
unlawful discrimination, sexual | ||
harassment in employment or sexual
harassment in elementary, | ||
secondary, and higher
education, discrimination based on | ||
citizenship status
in employment, or because he or she has made | ||
a charge, filed a complaint,
testified, assisted, or | ||
participated in an investigation, proceeding, or
hearing under | ||
this Act;
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(B) Aiding and Abetting; Coercion. Aid, abet, compel or | ||
coerce a
person to commit any violation of this Act;
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(C) Interference. Wilfully interfere with the performance | ||
of a duty
or the exercise of a power by the Commission or one of | ||
its members or
representatives or the Department or one of its | ||
officers or employees.
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(D) Definitions. For the purposes of this Section, "sexual
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harassment" and "citizenship status" shall have the same | ||
meaning as defined in
Section 2-101 of this Act.
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(Source: P.A. 87-579.)
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(775 ILCS 5/7-106) (from Ch. 68, par. 7-106)
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Sec. 7-106. Recruitment; Research; Public Communication) | ||
For the purpose
of promoting equal employment and housing | ||
opportunities and eliminating
unlawful discrimination, sexual | ||
harassment in employment and sexual
harassment in elementary, | ||
secondary, and higher
education, the Department shall have | ||
authority to:
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(A) Recruitment. Cooperate with public and private | ||
organizations, as
well as the Department of Central Management | ||
Services, in encouraging
individuals in underrepresented | ||
classifications to seek employment in
state government.
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(B) Publications; Research. Issue publications, conduct | ||
research, and
make surveys as it deems necessary.
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(C) Public Hearings. Hold public hearings to obtain | ||
information from
the general public on the effectiveness of the | ||
state's equal employment
opportunity program and the | ||
protection against unlawful discrimination,
sexual harassment | ||
in employment and sexual harassment in elementary, secondary, | ||
and higher
education afforded by this Act and to accept public | ||
recommendations
concerning changes in the program and the Act | ||
for inclusion in its
annual report.
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(D) Promotion of Communication and Goodwill. Establish a | ||
program to
cooperate with civic, religious and educational | ||
organizations in order to
improve human communication and | ||
understanding, foster equal opportunities
in employment and | ||
housing, and promote and encourage communication,
goodwill and | ||
interfaith and interracial harmony.
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(Source: P.A. 85-1229; 86-1343.)
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(775 ILCS 5/7-108) (from Ch. 68, par. 7-108)
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Sec. 7-108. Local Departments, Commissions.
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(A) Authority.
A political subdivision, or two or more | ||
political subdivisions
acting jointly, may create a local | ||
department or commission as it or they
see fit to promote the | ||
purposes of this Act and to secure for all individuals
within | ||
the jurisdiction of the political subdivision or subdivisions | ||
freedom
from unlawful discrimination, sexual harassment in | ||
employment
and sexual harassment in elementary, secondary, and
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higher education. The provisions of any ordinance
enacted by | ||
any municipality or county which prohibits broader or different
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categories of discrimination than are prohibited by this Act | ||
are not
invalidated or affected by this Act.
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(B) Concurrent Jurisdiction. When the Department and a | ||
local department
or commission have concurrent jurisdiction | ||
over a complaint, either may
transfer the complaint to the | ||
other under regulations established by the
Department.
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(C) Exclusive Jurisdiction. When the Department or a local | ||
department
or commission has jurisdiction over a complaint and | ||
the other does not,
the Department or local department or | ||
commission without jurisdiction may
transfer the complaint to | ||
the other under regulations established by the
Department.
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(D) To secure and guarantee the rights established by
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Sections 17, 18 and 19 of Article I of the Illinois | ||
Constitution,
any ordinance, resolution, rule or regulation of | ||
any county,
municipality or other unit of local government or | ||
of any local
department or commission which prohibits, | ||
restricts, narrows or limits the
housing choice of any person | ||
is unenforceable and void. Nothing in this
amendatory Act of | ||
1981 prohibits a unit of local government from making
special | ||
outreach efforts to inform members of minority groups of | ||
housing
opportunities available in areas of majority white | ||
concentration and make
similar efforts to inform the majority | ||
white population of available
housing opportunities located in | ||
areas of minority concentration. This
paragraph is applicable | ||
to home rule units as well as non-home rule units.
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Pursuant to Article VII, Section 6, paragraph (i) of the
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Illinois Constitution, this amendatory Act of 1981 is a | ||
limitation
of the power of home rule units.
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(Source: P.A. 85-1229; 86-1343.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||