2023 Illinois Compiled Statutes › Chapter 775 - HUMAN RIGHTS › 775 ILCS 5/ - Illinois Human Rights Act. › Article 1 - General Provisions

(775 ILCS 5/Art. 1 heading)
ARTICLE 1.
GENERAL PROVISIONS
(Source: P.A. 93-1078, eff. 1-1-06.)
(775 ILCS 5/1-101) (from Ch. 68, par. 1-101)
Sec. 1-101. 
		Short Title. 
		This Act shall be known and may be cited as the
Illinois Human Rights Act.
(Source: P.A. 81-1216.)
(775 ILCS 5/1-101.1)
Sec. 1-101.1. Construction.   Nothing in this Act shall be construed as
requiring any employer, employment agency, or labor organization to give
preferential treatment or special rights based on sexual orientation or to
implement affirmative action policies or programs based on sexual
orientation.
(Source: P.A. 93-1078, eff. 1-1-06.)
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
(Text of Section before amendment by P.A. 103-472)
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, pregnancy, 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 Elementary, Secondary, and Higher Education.
To prevent sexual harassment in employment and sexual harassment in
elementary, secondary, and higher education.
(C) Freedom from Discrimination Based on Citizenship Status-Employment.
To prevent discrimination based on citizenship status in employment.
(C-5) Freedom from Discrimination Based on Work Authorization Status-Employment. To prevent discrimination based on the specific status or term of status that accompanies a legal work authorization.
(D) Freedom from Discrimination Based on Familial Status or Source of Income-Real Estate
Transactions.  To prevent discrimination based on familial status or source of income in real
estate transactions.
(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 harassment in
employment and sexual harassment in elementary, secondary, and higher education, and discrimination
based on citizenship status or work authorization status in employment.
(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
(Text of Section after amendment by P.A. 103-472)
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 based on race, color, religion, sex, national origin, ancestry, age, order of protection status,
marital status, physical or mental disability, military
status, sexual orientation, pregnancy, or unfavorable
discharge from military service in connection with employment, real estate
transactions, access to financial credit, and the availability of public
accommodations, including in elementary, secondary, and higher education.
(B) Freedom from Sexual Harassment-Employment and Elementary, Secondary, and Higher Education.
To prevent sexual harassment in employment and sexual harassment in
elementary, secondary, and higher education.
(C) Freedom from Discrimination Based on Citizenship Status-Employment.
To prevent discrimination based on citizenship status in employment.
(C-5) Freedom from Discrimination Based on Work Authorization Status-Employment. To prevent discrimination based on the specific status or term of status that accompanies a legal work authorization.
(D) Freedom from Discrimination Based on Familial Status or Source of Income-Real Estate
Transactions.  To prevent discrimination based on familial status or source of income in real
estate transactions.
(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 prohibited discrimination in
employment, real estate transactions, financial credit, and public accommodations, including in elementary, secondary, and higher education.
(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; 103-472, eff. 8-1-24.)
(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.
(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.
(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.
(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.
(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 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.
(I) Disability.
(1) "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:
(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 disability;
(b) For purposes of Article 3, is unrelated to the     person's ability to acquire, rent, or maintain a housing accommodation;
(c) For purposes of Article 4, is unrelated to a     person's ability to repay;
(d) For purposes of Article 5, is unrelated to a     person's ability to utilize and benefit from a place of public accommodation;
(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.
(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, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, or the Civil No Contact Order 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.
(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.
(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.
(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.
(O-5) Source of income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents.
(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".
(Q) Unlawful discrimination. "Unlawful discrimination" means discrimination
against a person because of his or her actual or perceived:  race, color, religion, national origin,
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.
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)