Bill Text: IL HB4855 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that it is the public policy of this State to prevent discrimination in employment based on credit history and that it is a civil rights violation for any employer, employment agency, or labor organization to inquire into or to use a prospective employee's or employee's credit history as a basis to refuse to hire or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms, privileges, or conditions of employment. Sets forth certain exceptions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-03-04 - Added Chief Co-Sponsor Rep. Lou Lang [HB4855 Detail]

Download: Illinois-2009-HB4855-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4855 Introduced 1/15/2010, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
775 ILCS 5/1-102 from Ch. 68, par. 1-102
775 ILCS 5/1-103 from Ch. 68, par. 1-103
775 ILCS 5/2-101 from Ch. 68, par. 2-101
775 ILCS 5/2-103.1 new
Amends the Illinois Human Rights Act. Provides that it is the public policy of this State to prevent discrimination in employment based on credit history and that it is a civil rights violation for any employer, employment agency, or labor organization to inquire into or to use a prospective employee's or employee's credit history as a basis to refuse to hire or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms, privileges, or conditions of employment. Sets forth certain exceptions.
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A BILL FOR
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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 1-102, 1-103, and 2-101 and by adding Section
2-103.1 as follows:
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
Sec. 1-102. Declaration of Policy. It is the public policy
of this State:
(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.
(B) Freedom from Sexual Harassment-Employment and Higher
Education. To prevent sexual harassment in employment and
sexual harassment in higher education.
(C) Freedom from Discrimination Based on Citizenship
Status-Employment. To prevent discrimination based on

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citizenship status in employment.
(D) Freedom from Discrimination Based on Familial
Status-Real Estate Transactions. To prevent discrimination
based on familial status in real estate transactions.
(D-1) Freedom from Discrimination Based on Credit History.
To prevent discrimination in employment based on credit
history.
(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.
(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.
(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.
(H) Unfounded Charges. To protect citizens of this State
against unfounded charges of unlawful discrimination, sexual

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harassment in employment and sexual harassment in higher
education, and discrimination based on citizenship status in
employment.
(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10.)
(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:
(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.
(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.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
(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, 2-103.1, 2-105, 3-102, 3-102.1,
3-103, 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,

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5A-102, 6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(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.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" 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, 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:
(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
disability;
(2) For purposes of Article 3, is unrelated to the

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person's ability to acquire, rent or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation.
(J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
(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
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
(K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986 or an
order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor

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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.
(M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
(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.
(O) Sex. "Sex" means the status of being male or female.
(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
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(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, order of protection status, disability,
military status, sexual orientation, or unfavorable discharge
from military service as those terms are defined in this
Section.
(Source: P.A. 95-392, eff. 8-23-07; 95-668, eff. 10-10-07;
95-876, eff. 8-21-08; 96-328, eff. 8-11-09; 96-447, eff.
1-1-10.)
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
(2) "Employee" does not include:
(a) Domestic servants in private homes;
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;

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(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing 15 or more employees
within Illinois during 20 or more calendar weeks within
the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees when
a complainant alleges civil rights violation due to
unlawful discrimination based upon his or her physical
or mental handicap unrelated to ability or sexual
harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any religious

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corporation, association, educational institution,
society, or non-profit nursing institution conducted by
and for those who rely upon treatment by prayer through
spiritual means in accordance with the tenets of a
recognized church or religious denomination with respect
to the employment of individuals of a particular religion
to perform work connected with the carrying on by such
corporation, association, educational institution, society
or non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or
place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of the
rights of union labor which is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any

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unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of
the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or

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ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to a bid opening, has filed with the Department a
properly completed, sworn and currently valid employer report
form, pursuant to the Department's regulations. The provisions
of this Article relating to eligible bidders apply only to bids
on contracts with the State and its departments, agencies,
boards, and commissions, and the provisions do not apply to
bids on contracts with units of local government or school
districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is not an unauthorized alien and who is
protected from discrimination under the provisions of
Section 1324b of Title 8 of the United States Code, as now
or hereafter amended.
(L) Credit History. "Credit history" means information

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provided in a consumer report, as defined in Section 603(d) of
the federal Fair Credit Reporting Act, 15 U.S.C. 1681a(d).
(M) Financial Institution. "Financial institution" means
any bank, credit union, insurance company, mortgage banking
company or savings and loan association which operates or has a
place of business in this State.
(Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
(775 ILCS 5/2-103.1 new)
Sec. 2-103.1. Credit History.
(a) Unless otherwise authorized by law, it shall be a civil
rights violation for any employer, employment agency, or labor
organization to inquire into or to use an employee's or
prospective employee's credit history as a basis to refuse to
hire or to act with respect to recruitment, hiring, promotion,
renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure, or terms,
privileges, or conditions of employment, unless:
(1) the employee's or prospective employee's credit
history is substantially related to a bona fide
occupational qualification or licensed activity;
(2) employment, membership, or licensing depends on
the bondability of the individual under a standard fidelity
bond or an equivalent bond required by State or federal
law, administrative regulation, or the established
business practice of the employer and the individual may

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not be bondable due to his or her credit history;
(3) employment involves a supervisory, managerial,
professional, or executive position at a financial
institution in which deposits are insured by a federal
agency having jurisdiction over the financial institution;
(4) employment is with a State or local government
agency which otherwise requires use of the employee's or
prospective employee's credit history; or
(5) the employee's or prospective employee's credit
history is otherwise required by federal or State law.
(b) Notwithstanding the exceptions set forth in subsection
(a), nothing in this Section shall permit an employer,
employment agency, or labor organization to conduct a credit
history check on an employee or prospective employee without
first obtaining that individual's written consent.