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Public Act 102-1102
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| SB3616 Enrolled | LRB102 24112 LNS 33338 b |
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. References to Act. This Act may be referred to |
as the CROWN (Create a Respectful and Open Workplace for |
Natural Hair) Act.
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Section 5. The Illinois Human Rights Act is amended by |
changing Sections 1-103 and 5-102.2 as follows:
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(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:
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(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.
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(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.
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(B-5) Arrest record. "Arrest record" means: |
(1) an arrest not leading to a conviction; |
(2) a juvenile record; or |
(3) criminal history record information ordered |
expunged, sealed, or impounded under Section 5.2 of the |
Criminal Identification Act. |
(C) Charge. "Charge" means an allegation filed with the |
Department
by an aggrieved party or initiated by the |
Department under its
authority.
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(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, 2-105, 3-102, 3-102.1, 3-103, |
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, |
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
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(E) Commission. "Commission" means the Human Rights |
Commission
created by this Act.
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(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.
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(G) Complainant. "Complainant" means a person including |
the
Department who files a charge of civil rights violation |
with the Department or
the Commission.
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(G-5) Conviction record. "Conviction record" means |
information indicating that a person has been convicted of a |
felony, misdemeanor or other criminal offense, placed on |
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probation, fined, imprisoned, or paroled pursuant to any law |
enforcement or military authority. |
(H) Department. "Department" means the Department of Human |
Rights
created by this Act.
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(I) Disability. |
(1) "Disability" means a determinable physical or mental
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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:
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(a) 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
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disability;
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(b) For purposes of Article 3, is unrelated to the |
person's ability
to acquire, rent, or maintain a housing |
accommodation;
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(c) For purposes of Article 4, is unrelated to a |
person's ability to
repay;
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(d) For purposes of Article 5, is unrelated to a |
person's ability to
utilize and benefit from a place of |
public accommodation;
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(e) For purposes of Article 5, also includes any |
mental, psychological, or developmental disability, |
including autism spectrum disorders. |
(2) Discrimination based on disability includes unlawful |
discrimination against an individual because of the |
individual's association with a person with a disability. |
(J) Marital status. "Marital status" means the legal |
status of being
married, single, separated, divorced, or |
widowed.
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(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
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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
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Guard.
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(K) National origin. "National origin" means the place in |
which a
person or one of his or her ancestors was born.
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(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, |
Article 112A of the Code of Criminal Procedure of 1963, the |
Stalking No Contact Order Act, or the Civil No Contact Order |
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Act, 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 |
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.
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(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, |
or medical or common conditions related to pregnancy or |
childbirth. |
(M) Public contract. "Public contract" includes every |
contract to which the
State, any of its political |
subdivisions, or any municipal corporation is a
party.
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(M-5) Race. "Race" includes traits associated with race, |
including, but not limited to, hair texture and protective |
hairstyles such as braids, locks, and twists. |
(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.
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(O) Sex. "Sex" means the status of being male or female.
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(O-1) Sexual orientation. "Sexual orientation" means |
actual or
perceived heterosexuality, homosexuality, |
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bisexuality, or gender-related identity,
whether or not |
traditionally associated with the person's designated sex at
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birth. "Sexual orientation" does not include a physical or |
sexual attraction to a minor by an adult.
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(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 |
actual or perceived: race, color, religion, national origin,
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ancestry, age, sex, marital status, order of protection |
status, disability, military status, sexual
orientation, |
pregnancy,
or unfavorable
discharge from military service as |
those terms are defined in this Section.
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(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; |
101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff. |
1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised |
9-29-21.)
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(775 ILCS 5/5-102.2) |
Sec. 5-102.2. Jurisdiction limited. In regard to places of |
public accommodation defined in paragraph (11) of Section |
5-101, the jurisdiction of the Department is limited to: (1) |