Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 429 - EQUAL EMPLOYMENT OPPORTUNITY THROUGH THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 429.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Affirmative action", as applied in this Part, is the
				undertaking of specific personnel steps in recruiting, selecting, placing,
				transferring, promoting, and other basic terms and conditions of employment,
				for the purpose of eliminating present effects of past or current
				discrimination.
"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
of the Illinois Human Rights Act
, insofar as that
				practice concerns training or apprenticeship programs. In the case of training
				or apprenticeship programs, for the purposes of Section 2-102
of the
				Illinois Human Rights Act
, "age" means the chronological age of a
				person who is 18 but not yet 40 years old.
"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 of the
Illinois Human Rights Act
that is about to occur
.
"Charge" means an allegation filed with the
Illinois
Department
of Human Rights
by an aggrieved
				party or initiated by the Department under its authority.
"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, 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
				6-101, and 6-102 of the Illinois Human Rights Act.
"Commission" means the Human Rights Commission created
				by the Illinois Human Rights Act.
"Complainant" means a person including the
Illinois
Department
of Human Rights
who files a charge
				of civil rights violation with the Department or the
				Commission.
"Complaint" means the formal pleading filed by DHR with
				the Commission following an investigation and finding of substantial evidence
				of a civil rights violation
. [775
				ILCS 5/1-103 ]
"Department" or "DCFS" means the Department of Children and
				Family Services, unless otherwise specified.
"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, is not related to:
a person's ability to perform the duties of a
				particular job or position,
neither
is a person's illegal use
				of drugs or alcohol to be considered a disability;
a person's ability to acquire, rent, or maintain a
				housing accommodation;
a person's ability to repay;
a person's ability to utilize and benefit from a place
				of public accommodation.
It does include
any mental, psychological, or
				developmental disability, including autism spectrum disorders.
[775
				ILCS 5/1-103 ]
"Employment discrimination" or "discrimination", as applied in
				this Part, means any policy, procedure or practice that has an adverse effect
				on an applicant, employee or group of employees with regard to their hiring,
				firing, compensation, terms, conditions or privileges of employment as
				prohibited in Section
				429.3.
"Marital status" means the legal status of being
				married, single, separated, divorced, or widowed.
"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.
"National origin" means the place in which a person or
				one of his or her ancestors was born.
"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.
"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.
"Pregnancy" means pregnancy, childbirth, or medical or
				common conditions related to pregnancy or childbirth.
"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 of the Illinois Human Rights Act.
"Sex" means the status of being male or
				female.
"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.
"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".
"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.
[775
				ILCS 5/1-103 ]