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| [ House Amendment 002 ] |
91_HB1938
LRB9105184WHdv
1 AN ACT to amend the Illinois Human Rights Act by changing
2 Sections 1-102, 1-103, 2-101, 2-102, 2-105, and 6-101.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Human Rights Act is amended by
6 changing Sections 1-102, 1-103, 2-101, 2-102, 2-105, and
7 6-101 as follows:
8 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
9 Sec. 1-102. Declaration of Policy. It is the public
10 policy of this State:
11 (A) Freedom from Unlawful Discrimination. To secure for
12 all individuals within Illinois the freedom from
13 discrimination against any individual because of his or her
14 race, color, religion, sex, national origin, ancestry, age,
15 marital status, physical or mental handicap, military status,
16 or unfavorable discharge from military service in connection
17 with employment, real estate transactions, access to
18 financial credit, and the availability of public
19 accommodations.
20 (B) Freedom from Sexual Harassment-Employment and Higher
21 Education. To prevent sexual harassment in employment and
22 sexual harassment in higher education.
23 (C) Freedom from Discrimination Based on Citizenship
24 Status-Employment. To prevent discrimination based on
25 citizenship status in employment.
26 (C-5) Freedom from Discrimination Based on Receipt of
27 Public Assistance-Employment. To prevent discrimination in
28 employment based on receipt of public assistance.
29 (D) Freedom from Discrimination Based on Familial
30 Status-Real Estate Transactions. To prevent discrimination
31 based on familial status in real estate transactions.
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1 (E) Public Health, Welfare and Safety. To promote the
2 public health, welfare and safety by protecting the interest
3 of all people in Illinois in maintaining personal dignity, in
4 realizing their full productive capacities, and in furthering
5 their interests, rights and privileges as citizens of this
6 State.
7 (F) Implementation of Constitutional Guarantees. To
8 secure and guarantee the rights established by Sections 17,
9 18 and 19 of Article I of the Illinois Constitution of 1970.
10 (G) Equal Opportunity, Affirmative Action. To establish
11 Equal Opportunity and Affirmative Action as the policies of
12 this State in all of its decisions, programs and activities,
13 and to assure that all State departments, boards, commissions
14 and instrumentalities rigorously take affirmative action to
15 provide equality of opportunity and eliminate the effects of
16 past discrimination in the internal affairs of State
17 government and in their relations with the public.
18 (H) Unfounded Charges. To protect citizens of this State
19 against unfounded charges of unlawful discrimination, sexual
20 harassment in employment and sexual harassment in higher
21 education, and discrimination based on citizenship status or
22 receipt of public benefits in employment.
23 (Source: P.A. 87-579; 88-178.)
24 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
25 Sec. 1-103. General Definitions. When used in this Act,
26 unless the context requires otherwise, the term:
27 (A) Age. "Age" means the chronological age of a person
28 who is at least 40 years old, except with regard to any
29 practice described in Section 2-102, insofar as that practice
30 concerns training or apprenticeship programs. In the case of
31 training or apprenticeship programs, for the purposes of
32 Section 2-102, "age" means the chronological age of a person
33 who is 18 but not yet 40 years old.
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1 (B) Aggrieved Party. "Aggrieved party" means a person
2 who is alleged or proved to have been injured by a civil
3 rights violation or believes he or she will be injured by a
4 civil rights violation under Article 3 that is about to
5 occur.
6 (C) Charge. "Charge" means an allegation filed with the
7 Department by an aggrieved party or initiated by the
8 Department under its authority.
9 (D) Civil Rights Violation. "Civil rights violation"
10 includes and shall be limited to only those specific acts set
11 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
12 3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102 and 6-101 of this
13 Act.
14 (E) Commission. "Commission" means the Human Rights
15 Commission created by this Act.
16 (F) Complaint. "Complaint" means the formal pleading
17 filed by the Department with the Commission following an
18 investigation and finding of substantial evidence of a civil
19 rights violation.
20 (G) Complainant. "Complainant" means a person including
21 the Department who files a charge of civil rights violation
22 with the Department or the Commission.
23 (H) Department. "Department" means the Department of
24 Human Rights created by this Act.
25 (I) Handicap. "Handicap" means a determinable physical
26 or mental characteristic of a person, including, but not
27 limited to, a determinable physical characteristic which
28 necessitates the person's use of a guide, hearing or support
29 dog, the history of such characteristic, or the perception of
30 such characteristic by the person complained against, which
31 may result from disease, injury, congenital condition of
32 birth or functional disorder and which characteristic:
33 (1) For purposes of Article 2 is unrelated to the
34 person's ability to perform the duties of a particular
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1 job or position and, pursuant to Section 2-104 of this
2 Act, a person's illegal use of drugs or alcohol is not a
3 handicap;
4 (2) For purposes of Article 3, is unrelated to the
5 person's ability to acquire, rent or maintain a housing
6 accommodation;
7 (3) For purposes of Article 4, is unrelated to a
8 person's ability to repay;
9 (4) For purposes of Article 5, is unrelated to a
10 person's ability to utilize and benefit from a place of
11 public accommodation.
12 (J) Marital Status. "Marital status" means the legal
13 status of being married, single, separated, divorced or
14 widowed.
15 (J-1) Military Status. "Military status" means a
16 person's status on active duty in the armed forces of the
17 United States.
18 (K) National Origin. "National origin" means the place
19 in which a person or one of his or her ancestors was born.
20 (L) Person. "Person" includes one or more individuals,
21 partnerships, associations or organizations, labor
22 organizations, labor unions, joint apprenticeship committees,
23 or union labor associations, corporations, the State of
24 Illinois and its instrumentalities, political subdivisions,
25 units of local government, legal representatives, trustees in
26 bankruptcy or receivers.
27 (M) Public Contract. "Public contract" includes every
28 contract to which the State, any of its political
29 subdivisions or any municipal corporation is a party.
30 (N) Religion. "Religion" includes all aspects of
31 religious observance and practice, as well as belief, except
32 that with respect to employers, for the purposes of Article
33 2, "religion" has the meaning ascribed to it in paragraph (F)
34 of Section 2-101.
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1 (O) Sex. "Sex" means the status of being male or female.
2 (P) Unfavorable Military Discharge. "Unfavorable
3 military discharge" includes discharges from the Armed Forces
4 of the United States, their Reserve components or any
5 National Guard or Naval Militia that which are other than
6 honorable classified as RE-3 or the equivalent thereof, but
7 does not include those characterized as RE-4 or
8 "Dishonorable".
9 (Q) Unlawful Discrimination. "Unlawful discrimination"
10 means discrimination against a person because of his or her
11 race, color, religion, national origin, ancestry, age, sex,
12 marital status, handicap, military status, or unfavorable
13 discharge from military service as those terms are defined in
14 this Section.
15 (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
16 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
17 Sec. 2-101. Definitions. The following definitions are
18 applicable strictly in the context of this Article.
19 (A) Employee.
20 (1) "Employee" includes:
21 (a) Any individual performing services for
22 remuneration within this State for an employer;
23 (b) An apprentice;
24 (c) An applicant for any apprenticeship.
25 (2) "Employee" does not include:
26 (a) Domestic servants in private homes;
27 (b) Individuals employed by persons who are
28 not "employers" as defined by this Act;
29 (c) Elected public officials or the members of
30 their immediate personal staffs;
31 (d) Principal administrative officers of the
32 State or of any political subdivision, municipal
33 corporation or other governmental unit or agency;
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1 (e) A person in a vocational rehabilitation
2 facility certified under federal law who has been
3 designated an evaluee, trainee, or work activity
4 client.
5 (B) Employer.
6 (1) "Employer" includes:
7 (a) Any person employing 15 or more employees
8 within Illinois during 20 or more calendar weeks
9 within the calendar year of or preceding the alleged
10 violation;
11 (b) Any person employing one or more employees
12 when a complainant alleges civil rights violation
13 due to unlawful discrimination based upon his or her
14 physical or mental handicap unrelated to ability or
15 sexual harassment;
16 (c) The State and any political subdivision,
17 municipal corporation or other governmental unit or
18 agency, without regard to the number of employees;
19 (d) Any party to a public contract without
20 regard to the number of employees;
21 (e) A joint apprenticeship or training
22 committee without regard to the number of employees.
23 (2) "Employer" does not include any religious
24 corporation, association, educational institution,
25 society, or non-profit nursing institution conducted by
26 and for those who rely upon treatment by prayer through
27 spiritual means in accordance with the tenets of a
28 recognized church or religious denomination with respect
29 to the employment of individuals of a particular religion
30 to perform work connected with the carrying on by such
31 corporation, association, educational institution,
32 society or non-profit nursing institution of its
33 activities.
34 (C) Employment Agency. "Employment Agency" includes both
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1 public and private employment agencies and any person, labor
2 organization, or labor union having a hiring hall or hiring
3 office regularly undertaking, with or without compensation,
4 to procure opportunities to work, or to procure, recruit,
5 refer or place employees.
6 (D) Labor Organization. "Labor Organization" includes
7 any organization, labor union, craft union, or any voluntary
8 unincorporated association designed to further the cause of
9 the rights of union labor which is constituted for the
10 purpose, in whole or in part, of collective bargaining or of
11 dealing with employers concerning grievances, terms or
12 conditions of employment, or apprenticeships or applications
13 for apprenticeships, or of other mutual aid or protection in
14 connection with employment, including apprenticeships or
15 applications for apprenticeships.
16 (E) Sexual Harassment. "Sexual harassment" means any
17 unwelcome sexual advances or requests for sexual favors or
18 any conduct of a sexual nature when (1) submission to such
19 conduct is made either explicitly or implicitly a term or
20 condition of an individual's employment, (2) submission to or
21 rejection of such conduct by an individual is used as the
22 basis for employment decisions affecting such individual, or
23 (3) such conduct has the purpose or effect of substantially
24 interfering with an individual's work performance or creating
25 an intimidating, hostile or offensive working environment.
26 (F) Religion. "Religion" with respect to employers
27 includes all aspects of religious observance and practice, as
28 well as belief, unless an employer demonstrates that he is
29 unable to reasonably accommodate an employee's or prospective
30 employee's religious observance or practice without undue
31 hardship on the conduct of the employer's business.
32 (G) Public Employer. "Public employer" means the State,
33 an agency or department thereof, unit of local government,
34 school district, instrumentality or political subdivision.
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1 (H) Public Employee. "Public employee" means an
2 employee of the State, agency or department thereof, unit of
3 local government, school district, instrumentality or
4 political subdivision. "Public employee" does not include
5 public officers or employees of the General Assembly or
6 agencies thereof.
7 (I) Public Officer. "Public officer" means a person who
8 is elected to office pursuant to the Constitution or a
9 statute or ordinance, or who is appointed to an office which
10 is established, and the qualifications and duties of which
11 are prescribed, by the Constitution or a statute or
12 ordinance, to discharge a public duty for the State, agency
13 or department thereof, unit of local government, school
14 district, instrumentality or political subdivision.
15 (J) Eligible Bidder. "Eligible bidder" means a person
16 who, prior to a bid opening, has filed with the Department a
17 properly completed, sworn and currently valid employer report
18 form, pursuant to the Department's regulations. The
19 provisions of this Article relating to eligible bidders apply
20 only to bids on contracts with the State and its departments,
21 agencies, boards, and commissions, and the provisions do not
22 apply to bids on contracts with units of local government or
23 school districts.
24 (K) Citizenship Status. "Citizenship status" means the
25 status of being:
26 (1) a born U.S. citizen;
27 (2) a naturalized U.S. citizen;
28 (3) a U.S. national; or
29 (4) a person born outside the United States and not
30 a U.S. citizen who is not an unauthorized alien and who
31 is protected from discrimination under the provisions of
32 Section 1324b of Title 8 of the United States Code, as
33 now or hereafter amended.
34 (L) Receipt of Public Benefits. "Receipt of public
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1 benefits" means the receipt by a person of financial
2 assistance, subsidized housing, medical assistance, or other
3 need-based assistance from a governmental entity.
4 (Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
5 (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
6 Sec. 2-102. Civil Rights Violations - Employment. It is
7 a civil rights violation:
8 (A) Employers. For any employer to refuse to hire, to
9 segregate, or to act with respect to recruitment, hiring,
10 promotion, renewal of employment, selection for training or
11 apprenticeship, discharge, discipline, tenure or terms,
12 privileges or conditions of employment on the basis of
13 unlawful discrimination, or citizenship status, or receipt of
14 public benefits.
15 (B) Employment Agency. For any employment agency to fail
16 or refuse to classify properly, accept applications and
17 register for employment referral or apprenticeship referral,
18 refer for employment, or refer for apprenticeship on the
19 basis of unlawful discrimination, or citizenship status, or
20 receipt of public benefits or to accept from any person any
21 job order, requisition or request for referral of applicants
22 for employment or apprenticeship which makes or has the
23 effect of making unlawful discrimination, or discrimination
24 on the basis of citizenship status, or discrimination on the
25 basis of receipt of public benefits a condition of referral.
26 (C) Labor Organization. For any labor organization to
27 limit, segregate or classify its membership, or to limit
28 employment opportunities, selection and training for
29 apprenticeship in any trade or craft, or otherwise to take,
30 or fail to take, any action which affects adversely any
31 person's status as an employee or as an applicant for
32 employment or as an apprentice, or as an applicant for
33 apprenticeships, or wages, tenure, hours of employment or
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1 apprenticeship conditions on the basis of unlawful
2 discrimination, or citizenship status, or receipt of public
3 benefits.
4 (D) Sexual Harassment. For any employer, employee,
5 agent of any employer, employment agency or labor
6 organization to engage in sexual harassment; provided, that
7 an employer shall be responsible for sexual harassment of the
8 employer's employees by nonemployees or nonmanagerial and
9 nonsupervisory employees only if the employer becomes aware
10 of the conduct and fails to take reasonable corrective
11 measures.
12 (E) Public Employers. For any public employer to refuse
13 to permit a public employee under its jurisdiction who takes
14 time off from work in order to practice his or her religious
15 beliefs to engage in work, during hours other than such
16 employee's regular working hours, consistent with the
17 operational needs of the employer and in order to compensate
18 for work time lost for such religious reasons. Any employee
19 who elects such deferred work shall be compensated at the
20 wage rate which he or she would have earned during the
21 originally scheduled work period. The employer may require
22 that an employee who plans to take time off from work in
23 order to practice his or her religious beliefs provide the
24 employer with a notice of his or her intention to be absent
25 from work not exceeding 5 days prior to the date of absence.
26 (F) Training and Apprenticeship Programs. For any
27 employer, employment agency or labor organization to
28 discriminate against a person on the basis of age in the
29 selection, referral for or conduct of apprenticeship or
30 training programs.
31 (G) Immigration-Related Practices. For an employer to
32 request for purposes of satisfying the requirements of
33 Section 1324a(b) of Title 8 of the United States Code, as now
34 or hereafter amended, more or different documents than are
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1 required under such Section or to refuse to honor documents
2 tendered that on their face reasonably appear to be genuine.
3 It is not a civil rights violation for an employer to
4 take any action that is required by Section 1324a of Title 8
5 of the United States Code, as now or hereafter amended.
6 (Source: P.A. 87-579.)
7 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
8 Sec. 2-105. Equal Employment Opportunities; Affirmative
9 Action.
10 (A) Public Contracts. Every party to a public contract
11 and every eligible bidder shall:
12 (1) Refrain from unlawful discrimination, and
13 discrimination based on citizenship status, and
14 discrimination based on receipt of public benefits in
15 employment and undertake affirmative action to assure
16 equality of employment opportunity and eliminate the
17 effects of past discrimination;
18 (2) Comply with the procedures and requirements of
19 the Department's regulations concerning equal employment
20 opportunities and affirmative action;
21 (3) Provide such information, with respect to its
22 employees and applicants for employment, and assistance
23 as the Department may reasonably request;
24 (4) Have written sexual harassment policies that
25 shall include, at a minimum, the following information:
26 (i) the illegality of sexual harassment; (ii) the
27 definition of sexual harassment under State law; (iii) a
28 description of sexual harassment, utilizing examples;
29 (iv) the vendor's internal complaint process including
30 penalties; (v) the legal recourse, investigative and
31 complaint process available through the Department and
32 the Commission; (vi) directions on how to contact the
33 Department and Commission; and (vii) protection against
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1 retaliation as provided by Section 6-101 of this Act. A
2 copy of the policies shall be provided to the Department
3 upon request.
4 (B) State Agencies. Every State executive department,
5 State agency, board, commission, and instrumentality shall:
6 (1) Comply with the procedures and requirements of
7 the Department's regulations concerning equal employment
8 opportunities and affirmative action;
9 (2) Provide such information and assistance as the
10 Department may request.
11 (3) Establish, maintain, and carry out a continuing
12 affirmative action plan consistent with this Act and the
13 regulations of the Department designed to promote equal
14 opportunity for all State residents in every aspect of
15 agency personnel policy and practice. For purposes of
16 these affirmative action plans, the race and national
17 origin categories to be included in the plans are:
18 African American, Hispanic or Latino, Native American,
19 Asian, and any other category as required by Department
20 rule. This plan shall include a current detailed status
21 report:
22 (a) indicating, by each position in State
23 service, the number, percentage, and average salary
24 of individuals employed by race, national origin,
25 sex and disability, and any other category that the
26 Department may require by rule;
27 (b) identifying all positions in which the
28 percentage of the people employed by race, national
29 origin, sex and disability, and any other category
30 that the Department may require by rule, is less
31 than four-fifths of the percentage of each of those
32 components in the State work force;
33 (c) specifying the goals and methods for
34 increasing the percentage by race, national origin,
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1 sex and disability, and any other category that the
2 Department may require by rule, in State positions;
3 (d) indicating progress and problems toward
4 meeting equal employment opportunity goals,
5 including, if applicable, but not limited to,
6 Department of Central Management Services
7 recruitment efforts, publicity, promotions, and use
8 of options designating positions by linguistic
9 abilities;
10 (e) establishing a numerical hiring goal for
11 the employment of qualified persons with
12 disabilities in the agency as a whole, to be based
13 on the proportion of people with work disabilities
14 in the Illinois labor force as reflected in the most
15 recent decennial Census.
16 (4) If the agency has 1000 or more employees,
17 appoint a full-time Equal Employment Opportunity officer,
18 subject to the Department's approval, whose duties shall
19 include:
20 (a) Advising the head of the particular State
21 agency with respect to the preparation of equal
22 employment opportunity programs, procedures,
23 regulations, reports, and the agency's affirmative
24 action plan.
25 (b) Evaluating in writing each fiscal year the
26 sufficiency of the total agency program for equal
27 employment opportunity and reporting thereon to the
28 head of the agency with recommendations as to any
29 improvement or correction in recruiting, hiring or
30 promotion needed, including remedial or disciplinary
31 action with respect to managerial or supervisory
32 employees who have failed to cooperate fully or who
33 are in violation of the program.
34 (c) Making changes in recruitment, training
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1 and promotion programs and in hiring and promotion
2 procedures designed to eliminate discriminatory
3 practices when authorized.
4 (d) Evaluating tests, employment policies,
5 practices and qualifications and reporting to the
6 head of the agency and to the Department any
7 policies, practices and qualifications that have
8 unequal impact by race, national origin as required
9 by Department rule, sex or disability or any other
10 category that the Department may require by rule,
11 and to assist in the recruitment of people in
12 underrepresented classifications. This function
13 shall be performed in cooperation with the State
14 Department of Central Management Services.
15 (e) Making any aggrieved employee or applicant
16 for employment aware of his or her remedies under
17 this Act.
18 In any meeting, investigation, negotiation,
19 conference, or other proceeding between a State
20 employee and an Equal Employment Opportunity
21 officer, a State employee (1) who is not covered by
22 a collective bargaining agreement and (2) who is the
23 complaining party or the subject of such proceeding
24 may be accompanied, advised and represented by (1)
25 an attorney licensed to practice law in the State of
26 Illinois or (2) a representative of an employee
27 organization whose membership is composed of
28 employees of the State and of which the employee is
29 a member. A representative of an employee, other
30 than an attorney, may observe but may not actively
31 participate, or advise the State employee during the
32 course of such meeting, investigation, negotiation,
33 conference or other proceeding. Nothing in this
34 Section shall be construed to permit any person who
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1 is not licensed to practice law in Illinois to
2 deliver any legal services or otherwise engage in
3 any activities that would constitute the
4 unauthorized practice of law. Any representative of
5 an employee who is present with the consent of the
6 employee, shall not, during or after termination of
7 the relationship permitted by this Section with the
8 State employee, use or reveal any information
9 obtained during the course of the meeting,
10 investigation, negotiation, conference or other
11 proceeding without the consent of the complaining
12 party and any State employee who is the subject of
13 the proceeding and pursuant to rules and regulations
14 governing confidentiality of such information as
15 promulgated by the appropriate State agency.
16 Intentional or reckless disclosure of information in
17 violation of these confidentiality requirements
18 shall constitute a Class B misdemeanor.
19 (5) Establish, maintain and carry out a continuing
20 sexual harassment program that shall include the
21 following:
22 (a) Develop a written sexual harassment policy
23 that includes at a minimum the following
24 information: (i) the illegality of sexual
25 harassment; (ii) the definition of sexual harassment
26 under State law; (iii) a description of sexual
27 harassment, utilizing examples; (iv) the agency's
28 internal complaint process including penalties; (v)
29 the legal recourse, investigative and complaint
30 process available through the Department and the
31 Commission; (vi) directions on how to contact the
32 Department and Commission; and (vii) protection
33 against retaliation as provided by Section 6-101 of
34 this Act. The policy shall be reviewed annually.
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1 (b) Post in a prominent and accessible
2 location and distribute in a manner to assure notice
3 to all agency employees without exception the
4 agency's sexual harassment policy. Such documents
5 may meet, but shall not exceed, the 6th grade
6 literacy level. Distribution shall be effectuated
7 within 90 days of the effective date of this
8 amendatory Act of 1992 and shall occur annually
9 thereafter.
10 (c) Provide training on sexual harassment
11 prevention and the agency's sexual harassment policy
12 as a component of all ongoing or new employee
13 training programs.
14 As used in this subsection (B), "disability" shall be
15 defined in rules promulgated under the Illinois
16 Administrative Procedure Act.
17 (C) Civil Rights Violations. It is a civil rights
18 violation for any public contractor or eligible bidder to:
19 (1) fail to comply with the public contractor's or
20 eligible bidder's duty to refrain from unlawful
21 discrimination, and discrimination based on citizenship
22 status, and discrimination based on receipt of public
23 benefits in employment under subsection (A)(1) of this
24 Section; or
25 (2) fail to comply with the public contractor's or
26 eligible bidder's duties of affirmative action under
27 subsection (A) of this Section, provided however, that
28 the Department has notified the public contractor or
29 eligible bidder in writing by certified mail that the
30 public contractor or eligible bidder may not be in
31 compliance with affirmative action requirements of
32 subsection (A). A minimum of 60 days to comply with the
33 requirements shall be afforded to the public contractor
34 or eligible bidder before the Department may issue formal
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1 notice of non-compliance.
2 (Source: P.A. 88-498; 89-370, eff. 8-18-95.)
3 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
4 Sec. 6-101. Additional Civil Rights Violations. It is a
5 civil rights violation for a person, or for two or more
6 persons to conspire, to:
7 (A) Retaliation. Retaliate against a person because he
8 or she has opposed that which he or she reasonably and in
9 good faith believes to be unlawful discrimination, sexual
10 harassment in employment or sexual harassment in higher
11 education, discrimination based on citizenship status or
12 receipt of public benefits in employment, or because he or
13 she has made a charge, filed a complaint, testified,
14 assisted, or participated in an investigation, proceeding, or
15 hearing under this Act;
16 (B) Aiding and Abetting; Coercion. Aid, abet, compel or
17 coerce a person to commit any violation of this Act;
18 (C) Interference. Wilfully interfere with the
19 performance of a duty or the exercise of a power by the
20 Commission or one of its members or representatives or the
21 Department or one of its officers or employees.
22 (D) Definitions. For the purposes of this Section,
23 "sexual harassment", and "citizenship status", and "receipt
24 of public benefits" shall have the same meaning as defined in
25 Section 2-101 of this Act.
26 (Source: P.A. 87-579.)