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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4216 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
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| 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 |
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Amends the Illinois Human Rights Act. Provides that "race", as used in the Articles concerning Employment and Elementary, Secondary, and Higher Education, includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.
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| | A BILL FOR |
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1 | | AN ACT concerning human rights.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Human Rights Act is amended by |
5 | | changing Section 1-103 as follows:
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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:
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9 | | (A) Age. "Age" means the chronological age of a person who |
10 | | is at least
40 years old, except with regard to any practice |
11 | | described in Section
2-102, insofar as that practice concerns |
12 | | training or apprenticeship
programs. In the case of training or |
13 | | apprenticeship programs, for the
purposes of Section 2-102, |
14 | | "age" means the chronological age of a person
who is 18 but not |
15 | | yet 40 years old.
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16 | | (B) Aggrieved party. "Aggrieved party" means a person who |
17 | | is alleged
or proved to have been injured by a civil rights |
18 | | violation or believes he
or she will be injured by a civil |
19 | | rights violation under Article 3 that is
about to occur.
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20 | | (B-5) Arrest record. "Arrest record" means: |
21 | | (1) an arrest not leading to a conviction; |
22 | | (2) a juvenile record; or |
23 | | (3) criminal history record information ordered |
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1 | | expunged, sealed, or impounded under Section 5.2 of the |
2 | | Criminal Identification Act. |
3 | | (C) Charge. "Charge" means an allegation filed with the |
4 | | Department
by an aggrieved party or initiated by the Department |
5 | | under its
authority.
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6 | | (D) Civil rights violation. "Civil rights violation" |
7 | | includes and
shall be limited to only those specific acts set |
8 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, |
9 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, |
10 | | 6-101, and 6-102 of this Act.
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11 | | (E) Commission. "Commission" means the Human Rights |
12 | | Commission
created by this Act.
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13 | | (F) Complaint. "Complaint" means the formal pleading filed |
14 | | by
the Department with the Commission following an |
15 | | investigation and
finding of substantial evidence of a civil |
16 | | rights violation.
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17 | | (G) Complainant. "Complainant" means a person including |
18 | | the
Department who files a charge of civil rights violation |
19 | | with the Department or
the Commission.
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20 | | (H) Department. "Department" means the Department of Human |
21 | | Rights
created by this Act.
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22 | | (I) Disability. "Disability" means a determinable physical |
23 | | or mental
characteristic of a person, including, but not |
24 | | limited to, a determinable
physical characteristic which |
25 | | necessitates the person's use of a guide,
hearing or support |
26 | | dog, the history of such characteristic, or the
perception of |
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1 | | such characteristic by the person complained against, which
may |
2 | | result from disease, injury, congenital condition of birth or
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3 | | functional disorder and which characteristic:
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4 | | (1) For purposes of Article 2, is unrelated to the |
5 | | person's ability
to perform the duties of a particular job |
6 | | or position and, pursuant to
Section 2-104 of this Act, a |
7 | | person's illegal use of drugs or alcohol is not a
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8 | | disability;
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9 | | (2) For purposes of Article 3, is unrelated to the |
10 | | person's ability
to acquire, rent, or maintain a housing |
11 | | accommodation;
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12 | | (3) For purposes of Article 4, is unrelated to a |
13 | | person's ability to
repay;
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14 | | (4) For purposes of Article 5, is unrelated to a |
15 | | person's ability to
utilize and benefit from a place of |
16 | | public accommodation;
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17 | | (5) For purposes of Article 5, also includes any |
18 | | mental, psychological, or developmental disability, |
19 | | including autism spectrum disorders. |
20 | | (J) Marital status. "Marital status" means the legal status |
21 | | of being
married, single, separated, divorced, or widowed.
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22 | | (J-1) Military status. "Military status" means a person's |
23 | | status on
active duty in or status as a veteran of the armed |
24 | | forces of the United States, status as a current member or |
25 | | veteran of any
reserve component of the armed forces of the |
26 | | United States, including the United
States Army Reserve, United |
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1 | | States Marine Corps Reserve, United States Navy
Reserve, United |
2 | | States Air Force Reserve, and United States Coast Guard
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3 | | Reserve, or status as a current member or veteran of the |
4 | | Illinois Army National Guard or Illinois Air National
Guard.
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5 | | (K) National origin. "National origin" means the place in |
6 | | which a
person or one of his or her ancestors was born.
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7 | | (K-5) "Order of protection status" means a person's status |
8 | | as being a person protected under an order of protection issued |
9 | | pursuant to the Illinois Domestic Violence Act of 1986, Article |
10 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No |
11 | | Contact Order Act, or the Civil No Contact Order Act, or an |
12 | | order of protection issued by a court of another state. |
13 | | (L) Person. "Person" includes one or more individuals, |
14 | | partnerships,
associations or organizations, labor |
15 | | organizations, labor unions, joint
apprenticeship committees, |
16 | | or union labor associations, corporations, the
State of |
17 | | Illinois and its instrumentalities, political subdivisions, |
18 | | units
of local government, legal representatives, trustees in |
19 | | bankruptcy
or receivers.
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20 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, |
21 | | or medical or common conditions related to pregnancy or |
22 | | childbirth. |
23 | | (M) Public contract. "Public contract" includes every |
24 | | contract to which the
State, any of its political subdivisions, |
25 | | or any municipal corporation is a
party.
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26 | | (N) Religion. "Religion" includes all aspects of religious |
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1 | | observance
and practice, as well as belief, except that with |
2 | | respect to employers, for
the purposes of Article 2, "religion" |
3 | | has the meaning ascribed to it in
paragraph (F) of Section |
4 | | 2-101.
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5 | | (O) Sex. "Sex" means the status of being male or female.
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6 | | (O-1) Sexual orientation. "Sexual orientation" means |
7 | | actual or
perceived heterosexuality, homosexuality, |
8 | | bisexuality, or gender-related identity,
whether or not |
9 | | traditionally associated with the person's designated sex at
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10 | | birth. "Sexual orientation" does not include a physical or |
11 | | sexual attraction to a minor by an adult.
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12 | | (P) Unfavorable military discharge. "Unfavorable military |
13 | | discharge"
includes discharges from the Armed Forces of the |
14 | | United States, their
Reserve components, or any National Guard |
15 | | or Naval Militia which are
classified as RE-3 or the equivalent |
16 | | thereof, but does not include those
characterized as RE-4 or |
17 | | "Dishonorable".
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18 | | (Q) Unlawful discrimination. "Unlawful discrimination" |
19 | | means discrimination
against a person because of his or her |
20 | | actual or perceived: race, color, religion, national origin,
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21 | | ancestry, age, sex, marital status, order of protection status, |
22 | | disability, military status, sexual
orientation, pregnancy,
or |
23 | | unfavorable
discharge from military service as those terms are |
24 | | defined in this Section. As used in Articles 2 and 5A of this |
25 | | Act, "race" includes traits historically associated with race, |
26 | | including, but not limited to, hair texture and protective |