Text of IL HB 4122 (2024)

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 HB4122LRB103 33707 LNS 63519 b 1 AN ACT concerning human rights. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Illinois Human Rights Act is amended by 5changing Sections 1-103 and 5-103 as follows: 6 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) 7 Sec. 1-103. General definitions. When used in this Act, 8unless the context requires otherwise, the term: 9 (A) Age. "Age" means the chronological age of a person who 10is at least 40 years old, except with regard to any practice 11described in Section 2-102, insofar as that practice concerns 12training or apprenticeship programs. In the case of training 13or apprenticeship programs, for the purposes of Section 2-102, 14"age" means the chronological age of a person who is 18 but not 15yet 40 years old. 16 (B) Aggrieved party. "Aggrieved party" means a person who 17is alleged or proved to have been injured by a civil rights 18violation or believes he or she will be injured by a civil 19rights violation under Article 3 that is about to occur. 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 HB4122- 2 -LRB103 33707 LNS 63519 b 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 4Department by an aggrieved party or initiated by the 5Department under its authority. 6 (D) Civil rights violation. "Civil rights violation" 7includes and shall be limited to only those specific acts set 8forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 93-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 105A-102, 6-101, 6-101.5, and 6-102 of this Act. 11 (E) Commission. "Commission" means the Human Rights 12Commission created by this Act. 13 (F) Complaint. "Complaint" means the formal pleading filed 14by the Department with the Commission following an 15investigation and finding of substantial evidence of a civil 16rights violation. 17 (G) Complainant. "Complainant" means a person including 18the Department who files a charge of civil rights violation 19with the Department or the Commission. 20 (G-5) Conviction record. "Conviction record" means 21information indicating that a person has been convicted of a 22felony, misdemeanor or other criminal offense, placed on 23probation, fined, imprisoned, or paroled pursuant to any law 24enforcement or military authority. 25 (H) Department. "Department" means the Department of Human 26Rights created by this Act. HB4122- 3 -LRB103 33707 LNS 63519 b 1 (I) Disability. 2 (1) "Disability" means a determinable physical or mental 3characteristic of a person, including, but not limited to, a 4determinable physical characteristic which necessitates the 5person's use of a guide, hearing or support dog, the history of 6such characteristic, or the perception of such characteristic 7by the person complained against, which may result from 8disease, injury, congenital condition of birth or functional 9disorder and which characteristic: 10 (a) For purposes of Article 2, is unrelated to the 11 person's ability to perform the duties of a particular job 12 or position and, pursuant to Section 2-104 of this Act, a 13 person's illegal use of drugs or alcohol is not a 14 disability; 15 (b) For purposes of Article 3, is unrelated to the 16 person's ability to acquire, rent, or maintain a housing 17 accommodation; 18 (c) For purposes of Article 4, is unrelated to a 19 person's ability to repay; 20 (d) For purposes of Article 5, is unrelated to a 21 person's ability to utilize and benefit from a place of 22 public accommodation; 23 (e) For purposes of Article 5, also includes any 24 mental, psychological, or developmental disability, 25 including autism spectrum disorders. 26 (2) Discrimination based on disability includes unlawful HB4122- 4 -LRB103 33707 LNS 63519 b 1discrimination against an individual because of the 2individual's association with a person with a disability. 3 (J) Marital status. "Marital status" means the legal 4status of being married, single, separated, divorced, or 5widowed. 6 (J-1) Military status. "Military status" means a person's 7status on active duty in or status as a veteran of the armed 8forces of the United States, status as a current member or 9veteran of any reserve component of the armed forces of the 10United States, including the United States Army Reserve, 11United States Marine Corps Reserve, United States Navy 12Reserve, United States Air Force Reserve, and United States 13Coast Guard Reserve, or status as a current member or veteran 14of the Illinois Army National Guard or Illinois Air National 15Guard. 16 (K) National origin. "National origin" means the place in 17which a person or one of his or her ancestors was born. 18 (K-5) "Order of protection status" means a person's status 19as being a person protected under an order of protection 20issued pursuant to the Illinois Domestic Violence Act of 1986, 21Article 112A of the Code of Criminal Procedure of 1963, the 22Stalking No Contact Order Act, or the Civil No Contact Order 23Act, or an order of protection issued by a court of another 24state. 25 (L) Person. "Person" includes one or more individuals, 26partnerships, associations or organizations, labor HB4122- 5 -LRB103 33707 LNS 63519 b 1organizations, labor unions, joint apprenticeship committees, 2or union labor associations, corporations, the State of 3Illinois and its instrumentalities, political subdivisions, 4units of local government, legal representatives, trustees in 5bankruptcy or receivers. 6 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, 7or medical or common conditions related to pregnancy or 8childbirth. 9 (M) Public contract. "Public contract" includes every 10contract to which the State, any of its political 11subdivisions, or any municipal corporation is a party. 12 (M-5) Race. "Race" includes traits associated with race, 13including, but not limited to, hair texture and protective 14hairstyles such as braids, locks, and twists. 15 (N) Religion. "Religion" includes all aspects of religious 16observance and practice, as well as belief, except that with 17respect to employers, for the purposes of Article 2, 18"religion" has the meaning ascribed to it in paragraph (F) of 19Section 2-101. 20 (O) Sex. "Sex" means the classification of a person as 21either female or male based on the organization of the body of 22such person for a specific reproductive role, as indicated by 23the person's sex chromosomes, naturally occurring sex 24hormones, and internal and external genitalia present at 25birth. status of being male or female. 26 (O-1) Sexual orientation. "Sexual orientation" means HB4122- 6 -LRB103 33707 LNS 63519 b 1actual or perceived heterosexuality, homosexuality, 2bisexuality, or gender-related identity, whether or not 3traditionally associated with the person's designated sex at 4birth. "Sexual orientation" does not include a physical or 5sexual attraction to a minor by an adult. 6 (O-5) Source of income. "Source of income" means the 7lawful manner by which an individual supports himself or 8herself and his or her dependents. 9 (P) Unfavorable military discharge. "Unfavorable military 10discharge" includes discharges from the Armed Forces of the 11United States, their Reserve components, or any National Guard 12or Naval Militia which are classified as RE-3 or the 13equivalent thereof, but does not include those characterized 14as RE-4 or "Dishonorable". 15 (Q) Unlawful discrimination. "Unlawful discrimination" 16means discrimination against a person because of his or her 17actual or perceived: race, color, religion, national origin, 18ancestry, age, sex, marital status, order of protection 19status, disability, military status, sexual orientation, 20pregnancy, or unfavorable discharge from military service as 21those terms are defined in this Section. 22(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 23101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff. 241-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, 25eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 26revised 12-14-22.) HB4122- 7 -LRB103 33707 LNS 63519 b 1 (775 ILCS 5/5-103) (from Ch. 68, par. 5-103) 2 Sec. 5-103. Exemption. Nothing in this Article shall apply 3to: 4 (A) Private Club. A private club, or other establishment 5not in fact open to the public, except to the extent that the 6goods, services, facilities, privileges, advantages, or 7accommodations of the establishment are made available to the 8customers or patrons of another establishment that is a place 9of public accommodation. 10 (B) Facilities Distinctly Private. Any facility, as to 11discrimination based on sex or sexual orientation, which is 12distinctly private in nature such as restrooms, shower rooms, 13bath houses, health clubs, and other similar facilities for 14which the Department, in its rules and regulations, may grant 15exemptions based on bona fide considerations of public policy. 16 (C) Inn, Hotel, Rooming House. Any facility, as to 17discrimination based on sex, which restricts the rental of 18rooms to individuals of one sex. 19(Source: P.A. 85-567.)