IL
Illinois House Bill HB4122

Illinois 2023-2024 Regular Session

Illinois House Bill HB4122 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4122 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103 Amends the Illinois Human Rights Act. Changes the definition of "sex" to mean the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person's sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth (rather than the status of being male or female). Provides that it is not a civil rights violation to discriminate based on sex or sexual orientation (rather than only sex) at any facility which is distinctly private in nature. Removes language allowing the Department of Human Rights to grant exemptions based on bona fide considerations of public policy. LRB103 33707 LNS 63519 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4122 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103 Amends the Illinois Human Rights Act. Changes the definition of "sex" to mean the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person's sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth (rather than the status of being male or female). Provides that it is not a civil rights violation to discriminate based on sex or sexual orientation (rather than only sex) at any facility which is distinctly private in nature. Removes language allowing the Department of Human Rights to grant exemptions based on bona fide considerations of public policy. LRB103 33707 LNS 63519 b LRB103 33707 LNS 63519 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4122 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
33 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103
44 775 ILCS 5/1-103 from Ch. 68, par. 1-103
55 775 ILCS 5/5-103 from Ch. 68, par. 5-103
66 Amends the Illinois Human Rights Act. Changes the definition of "sex" to mean the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person's sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth (rather than the status of being male or female). Provides that it is not a civil rights violation to discriminate based on sex or sexual orientation (rather than only sex) at any facility which is distinctly private in nature. Removes language allowing the Department of Human Rights to grant exemptions based on bona fide considerations of public policy.
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1212 1 AN ACT concerning human rights.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Human Rights Act is amended by
1616 5 changing Sections 1-103 and 5-103 as follows:
1717 6 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
1818 7 Sec. 1-103. General definitions. When used in this Act,
1919 8 unless the context requires otherwise, the term:
2020 9 (A) Age. "Age" means the chronological age of a person who
2121 10 is at least 40 years old, except with regard to any practice
2222 11 described in Section 2-102, insofar as that practice concerns
2323 12 training or apprenticeship programs. In the case of training
2424 13 or apprenticeship programs, for the purposes of Section 2-102,
2525 14 "age" means the chronological age of a person who is 18 but not
2626 15 yet 40 years old.
2727 16 (B) Aggrieved party. "Aggrieved party" means a person who
2828 17 is alleged or proved to have been injured by a civil rights
2929 18 violation or believes he or she will be injured by a civil
3030 19 rights violation under Article 3 that is about to occur.
3131 20 (B-5) Arrest record. "Arrest record" means:
3232 21 (1) an arrest not leading to a conviction;
3333 22 (2) a juvenile record; or
3434 23 (3) criminal history record information ordered
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4122 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
3939 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/5-103 from Ch. 68, par. 5-103
4040 775 ILCS 5/1-103 from Ch. 68, par. 1-103
4141 775 ILCS 5/5-103 from Ch. 68, par. 5-103
4242 Amends the Illinois Human Rights Act. Changes the definition of "sex" to mean the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person's sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth (rather than the status of being male or female). Provides that it is not a civil rights violation to discriminate based on sex or sexual orientation (rather than only sex) at any facility which is distinctly private in nature. Removes language allowing the Department of Human Rights to grant exemptions based on bona fide considerations of public policy.
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7171 1 expunged, sealed, or impounded under Section 5.2 of the
7272 2 Criminal Identification Act.
7373 3 (C) Charge. "Charge" means an allegation filed with the
7474 4 Department by an aggrieved party or initiated by the
7575 5 Department under its authority.
7676 6 (D) Civil rights violation. "Civil rights violation"
7777 7 includes and shall be limited to only those specific acts set
7878 8 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
7979 9 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
8080 10 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
8181 11 (E) Commission. "Commission" means the Human Rights
8282 12 Commission created by this Act.
8383 13 (F) Complaint. "Complaint" means the formal pleading filed
8484 14 by the Department with the Commission following an
8585 15 investigation and finding of substantial evidence of a civil
8686 16 rights violation.
8787 17 (G) Complainant. "Complainant" means a person including
8888 18 the Department who files a charge of civil rights violation
8989 19 with the Department or the Commission.
9090 20 (G-5) Conviction record. "Conviction record" means
9191 21 information indicating that a person has been convicted of a
9292 22 felony, misdemeanor or other criminal offense, placed on
9393 23 probation, fined, imprisoned, or paroled pursuant to any law
9494 24 enforcement or military authority.
9595 25 (H) Department. "Department" means the Department of Human
9696 26 Rights created by this Act.
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107107 1 (I) Disability.
108108 2 (1) "Disability" means a determinable physical or mental
109109 3 characteristic of a person, including, but not limited to, a
110110 4 determinable physical characteristic which necessitates the
111111 5 person's use of a guide, hearing or support dog, the history of
112112 6 such characteristic, or the perception of such characteristic
113113 7 by the person complained against, which may result from
114114 8 disease, injury, congenital condition of birth or functional
115115 9 disorder and which characteristic:
116116 10 (a) For purposes of Article 2, is unrelated to the
117117 11 person's ability to perform the duties of a particular job
118118 12 or position and, pursuant to Section 2-104 of this Act, a
119119 13 person's illegal use of drugs or alcohol is not a
120120 14 disability;
121121 15 (b) For purposes of Article 3, is unrelated to the
122122 16 person's ability to acquire, rent, or maintain a housing
123123 17 accommodation;
124124 18 (c) For purposes of Article 4, is unrelated to a
125125 19 person's ability to repay;
126126 20 (d) For purposes of Article 5, is unrelated to a
127127 21 person's ability to utilize and benefit from a place of
128128 22 public accommodation;
129129 23 (e) For purposes of Article 5, also includes any
130130 24 mental, psychological, or developmental disability,
131131 25 including autism spectrum disorders.
132132 26 (2) Discrimination based on disability includes unlawful
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143143 1 discrimination against an individual because of the
144144 2 individual's association with a person with a disability.
145145 3 (J) Marital status. "Marital status" means the legal
146146 4 status of being married, single, separated, divorced, or
147147 5 widowed.
148148 6 (J-1) Military status. "Military status" means a person's
149149 7 status on active duty in or status as a veteran of the armed
150150 8 forces of the United States, status as a current member or
151151 9 veteran of any reserve component of the armed forces of the
152152 10 United States, including the United States Army Reserve,
153153 11 United States Marine Corps Reserve, United States Navy
154154 12 Reserve, United States Air Force Reserve, and United States
155155 13 Coast Guard Reserve, or status as a current member or veteran
156156 14 of the Illinois Army National Guard or Illinois Air National
157157 15 Guard.
158158 16 (K) National origin. "National origin" means the place in
159159 17 which a person or one of his or her ancestors was born.
160160 18 (K-5) "Order of protection status" means a person's status
161161 19 as being a person protected under an order of protection
162162 20 issued pursuant to the Illinois Domestic Violence Act of 1986,
163163 21 Article 112A of the Code of Criminal Procedure of 1963, the
164164 22 Stalking No Contact Order Act, or the Civil No Contact Order
165165 23 Act, or an order of protection issued by a court of another
166166 24 state.
167167 25 (L) Person. "Person" includes one or more individuals,
168168 26 partnerships, associations or organizations, labor
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179179 1 organizations, labor unions, joint apprenticeship committees,
180180 2 or union labor associations, corporations, the State of
181181 3 Illinois and its instrumentalities, political subdivisions,
182182 4 units of local government, legal representatives, trustees in
183183 5 bankruptcy or receivers.
184184 6 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
185185 7 or medical or common conditions related to pregnancy or
186186 8 childbirth.
187187 9 (M) Public contract. "Public contract" includes every
188188 10 contract to which the State, any of its political
189189 11 subdivisions, or any municipal corporation is a party.
190190 12 (M-5) Race. "Race" includes traits associated with race,
191191 13 including, but not limited to, hair texture and protective
192192 14 hairstyles such as braids, locks, and twists.
193193 15 (N) Religion. "Religion" includes all aspects of religious
194194 16 observance and practice, as well as belief, except that with
195195 17 respect to employers, for the purposes of Article 2,
196196 18 "religion" has the meaning ascribed to it in paragraph (F) of
197197 19 Section 2-101.
198198 20 (O) Sex. "Sex" means the classification of a person as
199199 21 either female or male based on the organization of the body of
200200 22 such person for a specific reproductive role, as indicated by
201201 23 the person's sex chromosomes, naturally occurring sex
202202 24 hormones, and internal and external genitalia present at
203203 25 birth. status of being male or female.
204204 26 (O-1) Sexual orientation. "Sexual orientation" means
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215215 1 actual or perceived heterosexuality, homosexuality,
216216 2 bisexuality, or gender-related identity, whether or not
217217 3 traditionally associated with the person's designated sex at
218218 4 birth. "Sexual orientation" does not include a physical or
219219 5 sexual attraction to a minor by an adult.
220220 6 (O-5) Source of income. "Source of income" means the
221221 7 lawful manner by which an individual supports himself or
222222 8 herself and his or her dependents.
223223 9 (P) Unfavorable military discharge. "Unfavorable military
224224 10 discharge" includes discharges from the Armed Forces of the
225225 11 United States, their Reserve components, or any National Guard
226226 12 or Naval Militia which are classified as RE-3 or the
227227 13 equivalent thereof, but does not include those characterized
228228 14 as RE-4 or "Dishonorable".
229229 15 (Q) Unlawful discrimination. "Unlawful discrimination"
230230 16 means discrimination against a person because of his or her
231231 17 actual or perceived: race, color, religion, national origin,
232232 18 ancestry, age, sex, marital status, order of protection
233233 19 status, disability, military status, sexual orientation,
234234 20 pregnancy, or unfavorable discharge from military service as
235235 21 those terms are defined in this Section.
236236 22 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
237237 23 101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
238238 24 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813,
239239 25 eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23;
240240 26 revised 12-14-22.)
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251251 1 (775 ILCS 5/5-103) (from Ch. 68, par. 5-103)
252252 2 Sec. 5-103. Exemption. Nothing in this Article shall apply
253253 3 to:
254254 4 (A) Private Club. A private club, or other establishment
255255 5 not in fact open to the public, except to the extent that the
256256 6 goods, services, facilities, privileges, advantages, or
257257 7 accommodations of the establishment are made available to the
258258 8 customers or patrons of another establishment that is a place
259259 9 of public accommodation.
260260 10 (B) Facilities Distinctly Private. Any facility, as to
261261 11 discrimination based on sex or sexual orientation, which is
262262 12 distinctly private in nature such as restrooms, shower rooms,
263263 13 bath houses, health clubs, and other similar facilities for
264264 14 which the Department, in its rules and regulations, may grant
265265 15 exemptions based on bona fide considerations of public policy.
266266 16 (C) Inn, Hotel, Rooming House. Any facility, as to
267267 17 discrimination based on sex, which restricts the rental of
268268 18 rooms to individuals of one sex.
269269 19 (Source: P.A. 85-567.)
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