IL
Illinois Senate Bill SB3492

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3492 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 SB3492 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: 775 ILCS 5/1-102 from Ch. 68, par. 1-102775 ILCS 5/1-103 from Ch. 68, par. 1-103 Amends the Illinois Human Rights Act. Adds to the definition of unlawful discrimination to include discrimination of reproductive health decisions. Reproductive health decisions mean any decision by a person affecting the use or intended use of health care, goods, or services related to reproductive processes, functions, and systems, including, but not limited to, family planning, pregnancy testing, and contraception; fertility or sterilization care; miscarriage; continuation or termination of pregnancy; prenatal, intranatal, and postnatal care. Provides that discrimination based on reproductive health decisions includes unlawful discrimination against a person because of the person's association with another person's reproductive health decisions. LRB103 38433 JRC 68569 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3492 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: 775 ILCS 5/1-102 from Ch. 68, par. 1-102775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/1-102 from Ch. 68, par. 1-102 775 ILCS 5/1-103 from Ch. 68, par. 1-103 Amends the Illinois Human Rights Act. Adds to the definition of unlawful discrimination to include discrimination of reproductive health decisions. Reproductive health decisions mean any decision by a person affecting the use or intended use of health care, goods, or services related to reproductive processes, functions, and systems, including, but not limited to, family planning, pregnancy testing, and contraception; fertility or sterilization care; miscarriage; continuation or termination of pregnancy; prenatal, intranatal, and postnatal care. Provides that discrimination based on reproductive health decisions includes unlawful discrimination against a person because of the person's association with another person's reproductive health decisions. LRB103 38433 JRC 68569 b LRB103 38433 JRC 68569 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3492 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
33 775 ILCS 5/1-102 from Ch. 68, par. 1-102775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/1-102 from Ch. 68, par. 1-102 775 ILCS 5/1-103 from Ch. 68, par. 1-103
44 775 ILCS 5/1-102 from Ch. 68, par. 1-102
55 775 ILCS 5/1-103 from Ch. 68, par. 1-103
66 Amends the Illinois Human Rights Act. Adds to the definition of unlawful discrimination to include discrimination of reproductive health decisions. Reproductive health decisions mean any decision by a person affecting the use or intended use of health care, goods, or services related to reproductive processes, functions, and systems, including, but not limited to, family planning, pregnancy testing, and contraception; fertility or sterilization care; miscarriage; continuation or termination of pregnancy; prenatal, intranatal, and postnatal care. Provides that discrimination based on reproductive health decisions includes unlawful discrimination against a person because of the person's association with another person's reproductive health decisions.
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1212 1 AN ACT concerning civil law.
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 1-102 and 1-103 as follows:
1717 6 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
1818 7 (Text of Section before amendment by P.A. 103-472)
1919 8 Sec. 1-102. Declaration of policy. It is the public
2020 9 policy of this State:
2121 10 (A) Freedom from Unlawful Discrimination. To secure for
2222 11 all individuals within Illinois the freedom from
2323 12 discrimination against any individual because of his or her
2424 13 race, color, religion, sex, national origin, ancestry, age,
2525 14 order of protection status, marital status, physical or mental
2626 15 disability, military status, sexual orientation, pregnancy,
2727 16 reproductive health decisions, or unfavorable discharge from
2828 17 military service in connection with employment, real estate
2929 18 transactions, access to financial credit, and the availability
3030 19 of public accommodations.
3131 20 (B) Freedom from Sexual Harassment-Employment and
3232 21 Elementary, Secondary, and Higher Education. To prevent sexual
3333 22 harassment in employment and sexual harassment in elementary,
3434 23 secondary, and higher education.
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3492 Introduced 2/9/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
3939 775 ILCS 5/1-102 from Ch. 68, par. 1-102775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/1-102 from Ch. 68, par. 1-102 775 ILCS 5/1-103 from Ch. 68, par. 1-103
4040 775 ILCS 5/1-102 from Ch. 68, par. 1-102
4141 775 ILCS 5/1-103 from Ch. 68, par. 1-103
4242 Amends the Illinois Human Rights Act. Adds to the definition of unlawful discrimination to include discrimination of reproductive health decisions. Reproductive health decisions mean any decision by a person affecting the use or intended use of health care, goods, or services related to reproductive processes, functions, and systems, including, but not limited to, family planning, pregnancy testing, and contraception; fertility or sterilization care; miscarriage; continuation or termination of pregnancy; prenatal, intranatal, and postnatal care. Provides that discrimination based on reproductive health decisions includes unlawful discrimination against a person because of the person's association with another person's reproductive health decisions.
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7171 1 (C) Freedom from Discrimination Based on Citizenship
7272 2 Status-Employment. To prevent discrimination based on
7373 3 citizenship status in employment.
7474 4 (C-5) Freedom from Discrimination Based on Work
7575 5 Authorization Status-Employment. To prevent discrimination
7676 6 based on the specific status or term of status that
7777 7 accompanies a legal work authorization.
7878 8 (D) Freedom from Discrimination Based on Familial Status
7979 9 or Source of Income-Real Estate Transactions. To prevent
8080 10 discrimination based on familial status or source of income in
8181 11 real estate transactions.
8282 12 (E) Public Health, Welfare and Safety. To promote the
8383 13 public health, welfare and safety by protecting the interest
8484 14 of all people in Illinois in maintaining personal dignity, in
8585 15 realizing their full productive capacities, and in furthering
8686 16 their interests, rights and privileges as citizens of this
8787 17 State.
8888 18 (F) Implementation of Constitutional Guarantees. To secure
8989 19 and guarantee the rights established by Sections 17, 18 and 19
9090 20 of Article I of the Illinois Constitution of 1970.
9191 21 (G) Equal Opportunity, Affirmative Action. To establish
9292 22 Equal Opportunity and Affirmative Action as the policies of
9393 23 this State in all of its decisions, programs and activities,
9494 24 and to assure that all State departments, boards, commissions
9595 25 and instrumentalities rigorously take affirmative action to
9696 26 provide equality of opportunity and eliminate the effects of
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107107 1 past discrimination in the internal affairs of State
108108 2 government and in their relations with the public.
109109 3 (H) Unfounded Charges. To protect citizens of this State
110110 4 against unfounded charges of unlawful discrimination, sexual
111111 5 harassment in employment and sexual harassment in elementary,
112112 6 secondary, and higher education, and discrimination based on
113113 7 citizenship status or work authorization status in employment.
114114 8 (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
115115 9 (Text of Section after amendment by P.A. 103-472)
116116 10 Sec. 1-102. Declaration of policy. It is the public
117117 11 policy of this State:
118118 12 (A) Freedom from Unlawful Discrimination. To secure for
119119 13 all individuals within Illinois the freedom from
120120 14 discrimination based on race, color, religion, sex, national
121121 15 origin, ancestry, age, order of protection status, marital
122122 16 status, physical or mental disability, military status, sexual
123123 17 orientation, pregnancy, reproductive health decisions, or
124124 18 unfavorable discharge from military service in connection with
125125 19 employment, real estate transactions, access to financial
126126 20 credit, and the availability of public accommodations,
127127 21 including in elementary, secondary, and higher education.
128128 22 (B) Freedom from Sexual Harassment-Employment and
129129 23 Elementary, Secondary, and Higher Education. To prevent sexual
130130 24 harassment in employment and sexual harassment in elementary,
131131 25 secondary, and higher education.
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142142 1 (C) Freedom from Discrimination Based on Citizenship
143143 2 Status-Employment. To prevent discrimination based on
144144 3 citizenship status in employment.
145145 4 (C-5) Freedom from Discrimination Based on Work
146146 5 Authorization Status-Employment. To prevent discrimination
147147 6 based on the specific status or term of status that
148148 7 accompanies a legal work authorization.
149149 8 (D) Freedom from Discrimination Based on Familial Status
150150 9 or Source of Income-Real Estate Transactions. To prevent
151151 10 discrimination based on familial status or source of income in
152152 11 real estate transactions.
153153 12 (E) Public Health, Welfare and Safety. To promote the
154154 13 public health, welfare and safety by protecting the interest
155155 14 of all people in Illinois in maintaining personal dignity, in
156156 15 realizing their full productive capacities, and in furthering
157157 16 their interests, rights and privileges as citizens of this
158158 17 State.
159159 18 (F) Implementation of Constitutional Guarantees. To secure
160160 19 and guarantee the rights established by Sections 17, 18 and 19
161161 20 of Article I of the Illinois Constitution of 1970.
162162 21 (G) Equal Opportunity, Affirmative Action. To establish
163163 22 Equal Opportunity and Affirmative Action as the policies of
164164 23 this State in all of its decisions, programs and activities,
165165 24 and to assure that all State departments, boards, commissions
166166 25 and instrumentalities rigorously take affirmative action to
167167 26 provide equality of opportunity and eliminate the effects of
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178178 1 past discrimination in the internal affairs of State
179179 2 government and in their relations with the public.
180180 3 (H) Unfounded Charges. To protect citizens of this State
181181 4 against unfounded charges of prohibited discrimination in
182182 5 employment, real estate transactions, financial credit, and
183183 6 public accommodations, including in elementary, secondary, and
184184 7 higher education.
185185 8 (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23;
186186 9 103-472, eff. 8-1-24.)
187187 10 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
188188 11 Sec. 1-103. General definitions. When used in this Act,
189189 12 unless the context requires otherwise, the term:
190190 13 (A) Age. "Age" means the chronological age of a person who
191191 14 is at least 40 years old, except with regard to any practice
192192 15 described in Section 2-102, insofar as that practice concerns
193193 16 training or apprenticeship programs. In the case of training
194194 17 or apprenticeship programs, for the purposes of Section 2-102,
195195 18 "age" means the chronological age of a person who is 18 but not
196196 19 yet 40 years old.
197197 20 (B) Aggrieved party. "Aggrieved party" means a person who
198198 21 is alleged or proved to have been injured by a civil rights
199199 22 violation or believes he or she will be injured by a civil
200200 23 rights violation under Article 3 that is about to occur.
201201 24 (B-5) Arrest record. "Arrest record" means:
202202 25 (1) an arrest not leading to a conviction;
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213213 1 (2) a juvenile record; or
214214 2 (3) criminal history record information ordered
215215 3 expunged, sealed, or impounded under Section 5.2 of the
216216 4 Criminal Identification Act.
217217 5 (C) Charge. "Charge" means an allegation filed with the
218218 6 Department by an aggrieved party or initiated by the
219219 7 Department under its authority.
220220 8 (D) Civil rights violation. "Civil rights violation"
221221 9 includes and shall be limited to only those specific acts set
222222 10 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
223223 11 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
224224 12 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
225225 13 (E) Commission. "Commission" means the Human Rights
226226 14 Commission created by this Act.
227227 15 (F) Complaint. "Complaint" means the formal pleading filed
228228 16 by the Department with the Commission following an
229229 17 investigation and finding of substantial evidence of a civil
230230 18 rights violation.
231231 19 (G) Complainant. "Complainant" means a person including
232232 20 the Department who files a charge of civil rights violation
233233 21 with the Department or the Commission.
234234 22 (G-5) Conviction record. "Conviction record" means
235235 23 information indicating that a person has been convicted of a
236236 24 felony, misdemeanor or other criminal offense, placed on
237237 25 probation, fined, imprisoned, or paroled pursuant to any law
238238 26 enforcement or military authority.
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249249 1 (H) Department. "Department" means the Department of Human
250250 2 Rights created by this Act.
251251 3 (I) Disability.
252252 4 (1) "Disability" means a determinable physical or mental
253253 5 characteristic of a person, including, but not limited to, a
254254 6 determinable physical characteristic which necessitates the
255255 7 person's use of a guide, hearing or support dog, the history of
256256 8 such characteristic, or the perception of such characteristic
257257 9 by the person complained against, which may result from
258258 10 disease, injury, congenital condition of birth or functional
259259 11 disorder and which characteristic:
260260 12 (a) For purposes of Article 2, is unrelated to the
261261 13 person's ability to perform the duties of a particular job
262262 14 or position and, pursuant to Section 2-104 of this Act, a
263263 15 person's illegal use of drugs or alcohol is not a
264264 16 disability;
265265 17 (b) For purposes of Article 3, is unrelated to the
266266 18 person's ability to acquire, rent, or maintain a housing
267267 19 accommodation;
268268 20 (c) For purposes of Article 4, is unrelated to a
269269 21 person's ability to repay;
270270 22 (d) For purposes of Article 5, is unrelated to a
271271 23 person's ability to utilize and benefit from a place of
272272 24 public accommodation;
273273 25 (e) For purposes of Article 5, also includes any
274274 26 mental, psychological, or developmental disability,
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285285 1 including autism spectrum disorders.
286286 2 (2) Discrimination based on disability includes unlawful
287287 3 discrimination against an individual because of the
288288 4 individual's association with a person with a disability.
289289 5 (J) Marital status. "Marital status" means the legal
290290 6 status of being married, single, separated, divorced, or
291291 7 widowed.
292292 8 (J-1) Military status. "Military status" means a person's
293293 9 status on active duty in or status as a veteran of the armed
294294 10 forces of the United States, status as a current member or
295295 11 veteran of any reserve component of the armed forces of the
296296 12 United States, including the United States Army Reserve,
297297 13 United States Marine Corps Reserve, United States Navy
298298 14 Reserve, United States Air Force Reserve, and United States
299299 15 Coast Guard Reserve, or status as a current member or veteran
300300 16 of the Illinois Army National Guard or Illinois Air National
301301 17 Guard.
302302 18 (K) National origin. "National origin" means the place in
303303 19 which a person or one of his or her ancestors was born.
304304 20 (K-5) "Order of protection status" means a person's status
305305 21 as being a person protected under an order of protection
306306 22 issued pursuant to the Illinois Domestic Violence Act of 1986,
307307 23 Article 112A of the Code of Criminal Procedure of 1963, the
308308 24 Stalking No Contact Order Act, or the Civil No Contact Order
309309 25 Act, or an order of protection issued by a court of another
310310 26 state.
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321321 1 (L) Person. "Person" includes one or more individuals,
322322 2 partnerships, associations or organizations, labor
323323 3 organizations, labor unions, joint apprenticeship committees,
324324 4 or union labor associations, corporations, the State of
325325 5 Illinois and its instrumentalities, political subdivisions,
326326 6 units of local government, legal representatives, trustees in
327327 7 bankruptcy or receivers.
328328 8 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
329329 9 or medical or common conditions related to pregnancy or
330330 10 childbirth.
331331 11 (M) Public contract. "Public contract" includes every
332332 12 contract to which the State, any of its political
333333 13 subdivisions, or any municipal corporation is a party.
334334 14 (M-5) Race. "Race" includes traits associated with race,
335335 15 including, but not limited to, hair texture and protective
336336 16 hairstyles such as braids, locks, and twists.
337337 17 (N) Religion. "Religion" includes all aspects of religious
338338 18 observance and practice, as well as belief, except that with
339339 19 respect to employers, for the purposes of Article 2,
340340 20 "religion" has the meaning ascribed to it in paragraph (F) of
341341 21 Section 2-101.
342342 22 (N-5) Reproductive health decisions. "Reproductive health
343343 23 decisions" means any decision by a person affecting the use or
344344 24 intended use of health care, goods, or services related to
345345 25 reproductive processes, functions, and systems, including, but
346346 26 not limited to, family planning, pregnancy testing, and
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357357 1 contraception; fertility or sterilization care; miscarriage;
358358 2 continuation or termination of pregnancy; prenatal,
359359 3 intranatal, and postnatal care. Discrimination based on
360360 4 reproductive health decisions includes unlawful discrimination
361361 5 against a person because of the person's association with
362362 6 another person's reproductive health decisions.
363363 7 (O) Sex. "Sex" means the status of being male or female.
364364 8 (O-1) Sexual orientation. "Sexual orientation" means
365365 9 actual or perceived heterosexuality, homosexuality,
366366 10 bisexuality, or gender-related identity, whether or not
367367 11 traditionally associated with the person's designated sex at
368368 12 birth. "Sexual orientation" does not include a physical or
369369 13 sexual attraction to a minor by an adult.
370370 14 (O-5) Source of income. "Source of income" means the
371371 15 lawful manner by which an individual supports himself or
372372 16 herself and his or her dependents.
373373 17 (P) Unfavorable military discharge. "Unfavorable military
374374 18 discharge" includes discharges from the Armed Forces of the
375375 19 United States, their Reserve components, or any National Guard
376376 20 or Naval Militia which are classified as RE-3 or the
377377 21 equivalent thereof, but does not include those characterized
378378 22 as RE-4 or "Dishonorable".
379379 23 (Q) Unlawful discrimination. "Unlawful discrimination"
380380 24 means discrimination against a person because of his or her
381381 25 actual or perceived: race, color, religion, national origin,
382382 26 ancestry, age, sex, marital status, order of protection
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393393 1 status, disability, military status, sexual orientation,
394394 2 pregnancy, reproductive health decisions, or unfavorable
395395 3 discharge from military service as those terms are defined in
396396 4 this Section.
397397 5 (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
398398 6 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
399399 7 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
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