093_SB1196
LRB093 06204 WGH 06314 b
1 AN ACT concerning 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 Section 1-103 as follows:
6 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
7 Sec. 1-103. General Definitions. When used in this Act,
8 unless the context requires otherwise, the term:
9 (A) Age. "Age" means the chronological age of a person
10 who is at least 40 years old, except with regard to any
11 practice described in Section 2-102, insofar as that practice
12 concerns training or apprenticeship programs. In the case of
13 training or apprenticeship programs, for the purposes of
14 Section 2-102, "age" means the chronological age of a person
15 who is 18 but not yet 40 years old.
16 (B) Aggrieved Party. "Aggrieved party" means a person
17 who is alleged or proved to have been injured by a civil
18 rights violation or believes he or she will be injured by a
19 civil rights violation under Article 3 that is about to
20 occur.
21 (C) Charge. "Charge" means an allegation filed with the
22 Department by an aggrieved party or initiated by the
23 Department under its authority.
24 (D) Civil Rights Violation. "Civil rights violation"
25 includes and shall be limited to only those specific acts set
26 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
27 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
28 Act.
29 (E) Commission. "Commission" means the Human Rights
30 Commission created by this Act.
31 (F) Complaint. "Complaint" means the formal pleading
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1 filed by the Department with the Commission following an
2 investigation and finding of substantial evidence of a civil
3 rights violation.
4 (G) Complainant. "Complainant" means a person including
5 the Department who files a charge of civil rights violation
6 with the Department or the Commission.
7 (H) Department. "Department" means the Department of
8 Human Rights created by this Act.
9 (I) Handicap. "Handicap" means a determinable physical
10 or mental characteristic of a person, including, but not
11 limited to, a determinable physical characteristic which
12 necessitates the person's use of a guide, hearing or support
13 dog, the history of such characteristic, or the perception of
14 such characteristic by the person complained against, which
15 may result from disease, injury, congenital condition of
16 birth or functional disorder and which characteristic:
17 (1) For purposes of Article 2 is unrelated to the
18 person's ability to perform the duties of a particular
19 job or position and, pursuant to Section 2-104 of this
20 Act, a person's illegal use of drugs or alcohol is not a
21 handicap;
22 (2) For purposes of Article 3, is unrelated to the
23 person's ability to acquire, rent or maintain a housing
24 accommodation;
25 (3) For purposes of Article 4, is unrelated to a
26 person's ability to repay;
27 (4) For purposes of Article 5, is unrelated to a
28 person's ability to utilize and benefit from a place of
29 public accommodation.
30 (J) Marital Status. "Marital status" means the legal
31 status of being married, single, separated, divorced or
32 widowed.
33 (J-1) Military Status. "Military status" means a
34 person's status on active duty in the armed forces of the
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1 United States.
2 (K) National Origin. "National origin" means the place
3 in which a person or one of his or her ancestors was born.
4 (L) Person. "Person" includes one or more individuals,
5 partnerships, associations or organizations, labor
6 organizations, labor unions, joint apprenticeship committees,
7 or union labor associations, corporations, the State of
8 Illinois and its instrumentalities, political subdivisions,
9 units of local government, legal representatives, trustees in
10 bankruptcy or receivers.
11 (M) Public Contract. "Public contract" includes every
12 contract to which the State, any of its political
13 subdivisions or any municipal corporation is a party.
14 (N) Religion. "Religion" includes all aspects of
15 religious observance and practice, as well as belief, except
16 that with respect to employers, for the purposes of Article
17 2, "religion" has the meaning ascribed to it in paragraph (F)
18 of Section 2-101.
19 (O) Sex. "Sex" means the status of being male or female.
20 "Because of sex" includes, but is not limited to, because of
21 pregnancy, childbirth, or related medical conditions; and
22 women affected by pregnancy, childbirth, or related medical
23 conditions shall be treated the same for all
24 employment-related purposes, including receipt of benefits
25 under fringe benefit programs, as other persons not so
26 affected but similar in their ability or inability to work.
27 (P) Unfavorable Military Discharge. "Unfavorable
28 military discharge" includes discharges from the Armed Forces
29 of the United States, their Reserve components or any
30 National Guard or Naval Militia which are classified as RE-3
31 or the equivalent thereof, but does not include those
32 characterized as RE-4 or "Dishonorable".
33 (Q) Unlawful Discrimination. "Unlawful discrimination"
34 means discrimination against a person because of his or her
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1 race, color, religion, national origin, ancestry, age, sex,
2 marital status, handicap, military status, or unfavorable
3 discharge from military service as those terms are defined in
4 this Section.
5 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)