Chapter 17 HUMAN RIGHTS*

__________
*Editor's note--Section 1 of Council Bill No. 94-167, adopted July 5, 1994,
amended Ch. 17, Arts. I--IX in its entirety to read as herein out. Former Ch. 17,
Arts. I--IX, §§ 17-1--17-5, 17-21, 17-36--17-41, 17-56, 17-57, 17-71--17-74, 17-86,
17-101--17-104, 17-121--17-126, 17-131--17-133, pertained to similar subject matter
and derived from Code 1975, §§ 13-1--13-30; C.B. No. 79-245, §§ 1--6, adopted
August 2, 1979 and C.B. No. 92-195, § 2, adopted July 7, 1992.

Cross reference(s)--Human Relation Commission, § 2-521 et seq.

State law reference(s)--Human rights, 775 ILCS 5/1-101 et seq.

__________Art. III.\Discrimination in Employment, §§ 17-36--17-55Art. VIII.\Public
Hearing, §§ 17-121--17-130

ARTICLE I. IN GENERAL

Sec. 17-1. Short title.

This chapter may be cited as the "Human Rights Ordinance."

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-2. Intent.

It is the intent of the City, in adopting this chapter, to secure an end, in the City, to
discrimination, including, but not limited to, discrimination by reason of age, color,
creed, family responsibilities, marital status, matriculation, national origin, personal
appearance, physical and mental disability, political affiliation, race, religion, sex,
sexual preference, prior arrest or conviction record or source of income or any other
discrimination based upon categorizing or classifying a person which is not based
upon factual data about the persons or group and is not related to the purpose for
which it is used.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-3. Definitions.

The following words and phrases, when used in this chapter, shall have the
meanings respectively ascribed to them in this article:

Age means the chronological age of a person who is at least eighteen (18) years
old or an emancipated minor, except where supervening law establishes a standard
which may not be expanded or reduced.

Bona fide occupational qualification means a qualification reasonably necessary to
the operation of a particular business.

Color means the tint of a person's skin.

Commission means the Human Relations Commission.

Complainant means a person who believes that he or she has been aggrieved by a
violation of a provision of this chapter and files a complaint with the Commission or
Assistant for Community Relations.

Covered multi-family dwellings means buildings consisting of four (4) or more units
if such buildings have one or more elevators or ground floor units in other buildings
consisting of four (4) or more units.

Credit card means any instrument or device, whether known as a credit card, credit
plate, charge plate or any other name, issued with or without fee by any issuer for
the use of the cardholder in obtaining money, goods, services or anything else of
value on credit or in consideration or an undertaking or guaranty by the issuer of
the payment of a check drawn by the cardholder.

Credit transaction means any invitation to apply for credit, application for credit,
extension of credit or credit sale.

Creed means a formulation or system of religious faith.

Disability means a physical or mental impairment that substantially limits one or
more of the major life activities of such individual; a record of such impairment; or
being regarded as having such an impairment.

Discrimination; unlawful; illegal means any practice or act which is based wholly or
partially on or the perception of an individual based on race, color, creed, national
origin, religion, sex, age, marital status, physical or mental disability, personal
appearance, sexual preference, family responsibilities, matriculation, political
affiliation, prior arrest or conviction record or source of income unless such practice
or act is permitted as an exception in this Chapter of any individual.

Employee means any individual employed or seeking employment from an
employer.

Employer means any person who, for compensation, employs any individual
except for the employer's parents, spouse or children; or who employs domestic
servants engaged in and about the employer's household.

Employment agency means any person regularly undertaking or attempting, with or
without compensation, to procure employees for an employer or to procure for
employees the opportunity to work for an employer, including any agent of such
person.

Family responsibilities means the state of being, or the potential to become, a
contributor to the support of a person or persons in a dependent relationship,
irrespective of their number, including single parents.

Familial status means one or more individual (who have not attained the age of
eighteen (18) years) being domiciled with a parent or person having legal custody
of such individual or individuals; or the designee of such parent or other person
having such custody, with the written permission of such parent or other person.

Financial institution means any bank, credit union, insurance company, mortgage
banking company or savings and loan association which operates or has a place of
business in this City.

Forcible felony means treason, first degree murder, second degree murder,
aggravated criminal sexual assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great bodily harm or permanent
disability or disfigurement and any other felony which involves the use or threat of
physical force or violence against any individual.

Housing accommodation means any improved or unimproved real property, or part
thereof, which is used or occupied, or is intended, arranged or designed to be used
or occupied, as the home or residence of one or more individuals.

Human rights officer means the Assistant to the City Manager for Community
Relations or his or her designee.

Labor organization means any collective bargaining unit, committee, group,
association or plan in which employees participate directly or indirectly and which
exists for the purpose, in whole or in part, of dealing with an employer or employers
concerning grievances, labor disputes, wages, rates of pay, hours or other terms,
conditions or privileges of employment.

Lease includes sublease, assignment, rental, or providing the use of real property
for a fee, goods, services or anything of financial value, and includes any contract
to do any of the foregoing.

Loan means providing funds for:

(1) The purpose of purchasing, constructing, improving, repairing, or
maintaining a housing accommodation; or

(2) Any consumer, commercial or industrial purposes.

Marital status means the state of being married, separated, divorced, widowed or
single and the conditions associated therewith, including pregnancy or parenthood.

Matriculation means the condition of being enrolled in college or a university, or in a
business, nursing, professional, secretarial, technical or vocational school or an
adult educational program.

National origin means the place in which a person or one of his or her ancestors
was born.

Operator means any owner, lessee, proprietor, manager, superintendent, agent or
occupant of a place of public accommodation or an employee of any such person
or persons.

Owner means any person who holds legal or equitable title to, or owns any
beneficial interest in, any real property or who holds legal or equitable title to any
share of, or holds any beneficial interest in, any real estate cooperative which owns
any real property.

Person means one or more individuals, labor unions, employers, employment
agencies, partnership, associations, creditors, corporations, cooperatives, legal
representatives, government agency, trustees, owner, or any agent or
representative of any of the foregoing or any beneficiary of an Illinois Land Trust.

Personal appearance means the outward appearance of any person, irrespective of
sex, with regard to bodily condition or characteristics, such as weight, height,
facial features, or other aspects of appearance. It shall not relate, however, to the
requirement of cleanliness, uniforms, or prescribed attire, if and when such
requirement is uniformly applied for admittance to a public accommodation or to
employees in a business establishment for a reasonable business purpose.

Physical or mental disability means a physical, sensory or mental disablement,
including a controllable malady, which may be the result of injury, illness or
congenital condition, for which reasonable accommodation can be made.

Place of public accommodation means a business, accommodation, refreshment,
entertainment, recreation or transportation facility of any kind, whether licensed or
not, whose goods, services, facilities, privileges, advantages or accommodations
are extended, offered, sold or otherwise made available to the public, and includes
but is not limited to: inns, restaurants, eating houses, hotels, soda shops,
department stores, clothing stores, hat stores, shoe stores, bathrooms, restrooms,
theaters, skating rinks, public golf courses, public golf driving ranges, concerts,
cafes, bicycle rinks, elevators, ice cream parlors or rooms, railroads, omnibuses,
buses, stages, airplanes, street cars, boats, funeral hearses, crematories,
cemeteries, and public conveyances on land, water or air, public swimming pools,
retail establishments and other places of public accommodation and amusement.

Political affiliation means the state of belonging to or endorsing any political party
or organization or taking part in any activities of a political nature.

Race means a class or group of individuals involving a distinct physical type with
certain unchanging characteristics, such as color of skin.

Religion means all aspects of religious observance and practice, as well as belief,
except that with respect to employers, for the purposes of Article III, religion
includes all aspects of religious observance and practice, as well as belief, unless
an employer demonstrates that he or she is unable to reasonably accommodate
an employee's or prospective employee's religious observance without undue
hardship on the conduct of the employer's business.

Real estate broker or salesperson means a person, whether licensed or not, who,
for or with the expectation of receiving a consideration, lists, sells, purchases,
exchanges, rents, or leases real property, or who negotiates or attempts to
negotiate any of these activities, or who holds himself or herself out as engaged in
these.

Real estate transaction means the sale, exchange, rental or lease of real property,
brokering or appraising of residential real property and the making or purchasing of
loans or providing other financial assistance for purchasing, constructing,
improving, repairing or maintaining a dwelling or other transaction secured by
residential real estate.

Real property means any real estate, vacant land, building or structure, tenement,
leasehold, interest in real estate cooperative, condominiums or any part thereof
within the City limits.

Respondent means a person alleged to be in violation of a provision of this chapter.

Sex means the state of being or becoming male or female or transsexual, or
pregnant.

Sexual harassment means any unwelcome sexual advances or requests for sexual
favors or any conduct of a sexual nature when (1) submission to such conduct is
made either explicitly or implicitly a term or condition of an individual's
employment; (2) submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such individual; or (3) such
conduct has the purpose or effect of substantially interfering with an individual's
work performance or creating an intimidating, hostile or offensive working
environment.

Sexual preference means male or female homosexuality, heterosexuality or
bisexuality, by preference or practice.

Source of income means the point or form of the origination of legal gains of
income accruing to a person or reductions in debt the person would otherwise
accrue in a stated period of time; from any occupation, profession or activity, from
any contract, agreement or settlement, from federal, state or local payments, court
ordered payments or from payments received as gifts, bequests, annuities or life
insurance policies.

Varying the terms of a loan means requiring a greater down payment than is usual
for the particular type of a loan involved, requiring a shorter period of amortization
than is usual for the particular type of loan involved, charging a higher interest rate
than is usual for the particular type of loan involved; or underappraising real estate
or other item of property offered as security.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4. Exception--Business necessity.

Any practice or act of discrimination which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be established that such practice or
act can be justified on the basis of being reasonably necessary to the normal
operation of the business or enterprise. However, a "business necessity" exception
shall not apply when based in whole or in part on the comparative of stereotypical
characteristics of one group as opposed to another or the preferences of
co-workers, employers' customers or any other person.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.1. Same--Religious and political organization.

Nothing contained in the provisions of this chapter shall be construed to bar any
religious or political organization from giving preference to persons of the same
political or religious persuasion in the conduct of the organizations' activities.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.2. Same--Other units of government.

The provisions of this chapter shall not apply to other units of government, including
the Federal government or any of its agencies, the State of Illinois and any other
political subdivision, municipal corporation or their agencies.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.3. Same--Beneficial discrimination.

It shall not be unlawful to accord differential treatment to any individuals when such
treatment is designed to promote the safety, health or welfare of individuals
because of their circumstances. Such practices may include but are not limited to
single sex bathrooms, homes for the aged, and senior citizen discounts.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.4. Same--Business necessity--Method of payment.

It shall not be unlawful to establish a method of payment policy based in whole or
in part on payment methods required by some sources of income if those payment
methods increase the cost of doing business, as compared to other methods or
payment accepted by the business. A method of payment policy shall not be
inconsistently applied based in whole or in part on factors otherwise prohibited or
utilize in whole or in part other prohibited factors as part of the policy unless
otherwise authorized by an exception to this chapter.

For purposes of this section, costs required to comply with building, safety and
other similar codes which are otherwise applicable regardless of the source of
payment of rent shall not be considered an increased cost of doing business.
Nominal costs incurred by a landlord, including but not limited to postage to send
in a voucher or similar payment for handling costs, when payment is promptly
received after presenting a voucher, shall not be a basis for a claim of increased
costs.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.5. Same--Same--Conviction.

Nothing in this chapter shall prohibit discrimination in the leasing of residential
property based upon a person's record of convictions for a forcible felony or a felony
drug conviction or the conviction of the sale, manufacture or distribution of illegal
drugs or convictions which are based upon factors which would constitute one of
the categories of convictions listed above under Illinois law; provided, that the
conviction shall not be allowed to be the basis of discrimination if the person
convicted has resided outside of prison at least the last five (5) consecutive years
without being convicted of an offense involving the use of force or violence or the
illegal use, possession, distribution, sale or manufacture of drugs. This exception
is not a restriction on the use of conviction information for other necessary
business reasons.

This exception shall not be construed to authorize the use of conviction information
to achieve racial or ethnic discrimination or discrimination on the basis of a
disability or any other protected basis other than conviction and landlords are
encouraged to consider the rehabilitative efforts of individuals and the period since
the conviction and circumstances of the conviction when deciding to discriminate
on the basis of conviction information. The landlord is not relieved of any obligation
of making a reasonable accommodation for persons with disabilities by this
exception.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-5. Posting of notice.

Every person subject to this chapter shall post and keep in a conspicuous
location, where business or activity is customarily conducted or negotiated, a
notice provided by the City, whose form and language shall have been prepared by
the Human Rights Officer setting forth excerpts from, or summaries of, the
pertinent provisions of this chapter and information pertinent to the filing of a
complaint.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-6--17-20. Reserved.

ARTICLE II. DISCRIMINATION IN OPPORTUNITIES

Sec. 17-21. Discrimination prohibited.

(a) Every individual shall be afforded the opportunity to participate fully in
the economic, cultural and intellectual life that is available in the City, which
shall include but not be limited to opportunities in employment, housing,
places of public accommodation and credit or commercial transactions.

(b) It shall be unlawful to deny any of the foregoing opportunities based on
unlawful discrimination, except as specifically authorized by this Chapter.

(c) It shall be unlawful for any person to refuse to hire, to discharge, to evict
from housing or commercial space, to refuse to negotiate for, sell, exchange
or lease any real property or to include terms or conditions for such property,
to harass, intimidate, or in any other way retaliate or discriminate against, or
interfere with any individual because he/she has made a complaint, testified or
assisted in any proceeding under this chapter, whether on his or her own
behalf or for another individual.

(d) It shall be unlawful to retaliate against any person because that person,
reasonably and in good faith, has opposed any practice or act forbidden
herein, or because that person, reasonably and in good faith, has made a
charge, testified, or assisted in any investigation, proceeding or hearing.

(e) It shall be unlawful to compel or cause any person to engage in any of
the acts prohibited by this chapter.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-22--17-35. Reserved.

ARTICLE III. DISCRIMINATION IN EMPLOYMENT*

__________
*State law reference(s)--Human rights in employment, 7755/2-101 et seq.

__________
Sec. 17-36. Discrimination by an employer.

(a) It shall be unlawful for an employer to do any of the following acts based
upon unlawful discrimination;

(i) To refuse to hire, to segregate, or otherwise to act against such
person with respect to the hiring, selection, promotion, discharge,
discipline, training for apprenticeship in any trade or craft, tenure, terms, or
other conditions of employment;

(ii) Unless otherwise authorized by law, to inquire on a written
application whether a job applicant has ever been arrested; however,
nothing in this section shall be construed as preventing any employer from
inquiring in a written application whether an applicant has ever been
convicted of any offense which is job-related;

(iii) To engage in sexual harassment; provided that an employer shall be
responsible for sexual harassment of an employer's employees for
non-employees or nonmanagerial or nonsupervisory employees only if the
employer becomes aware of the conduct and fails to take reasonable
corrective measures.

(b) Nothing in this section shall preclude an employer from hiring or
selecting between persons for any reason except for the unlawful practices
specifically prohibited herein, or a bona fide occupational qualification; nor
shall anything in this section preclude any employer from giving or acting on
the results of any ability test provided that such test, its administration or
action on the results is not designed, intended, or used for and does not have
the effect of unlawful discrimination.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-37. Discrimination by an employment agency.

It shall be unlawful for an employment agency to do any of the following acts based
on unlawful discrimination:

(1) For any employment agency to fail or refuse to classify properly,
accept applications, and register for employment referral or apprenticeship
referral, refer for employment, refer for apprenticeship, or to accept from
any person any job order, requisition, or request for referral of applications
for employment or apprenticeship on the basis of unlawful discrimination,
as a condition of referral, except for a bona fide occupational qualification;

(2) To inquire on a written application whether a job applicant has ever
been arrested; however, nothing in this section shall be construed as
preventing any employer from inquiring on a written application whether an
applicant has ever been convicted of any offense which is job-related;

(3) To engage in sexual harassment; provided that an employment
agency shall be responsible for sexual harassment of the agency's
employees by nonemployees, or nonmanagerial or nonsupervisory
employees only if the employment agency becomes aware of the incident
and fails to take reasonable corrective measures.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-38. Discrimination by a labor organization.

It shall be unlawful for a labor organization to do any of the following acts based
upon unlawful discrimination:

(1) To limit, segregate, or classify its membership with respect to such
person, or to limit employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to take, or fail to take,
any action which affects adversely any person's employment status, or
status as an applicant for employment or as an apprentice or as an
applicant for apprenticeship, or wages, tenure, hours of employment or
apprenticeship's conditions;

(2) To inquire on a written application whether a job applicant has ever
been arrested; however, nothing in this section shall be construed as
preventing any employer from inquiring on a written application whether an
applicant has ever been convicted of any offense which is job-related;

(3) To engage in sexual harassment; provided that a labor organization
shall be responsible for sexual harassment of the labor organization's
employees or members by nonemployees or nonmanagerial or
nonsupervisory employees only if the employment agency becomes aware
of the conduct and fails to take reasonable corrective measures.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-39. Discrimination by an employer, employment agency or labor
organization.

It shall be unlawful for an employer, employment agency or labor organization to do
any of the following acts for a reason based on unlawful discrimination: to exclude
any individual in admission to, or employment in, any program established to
provide apprenticeship or other training or retraining, including an on-the-job training
program; to place or accept an order or request for referrals, to print or publish,
cause to be printed or published, any notice or advertisement, or use any
publication form, relating to employment by such an employer, or to membership,
or any classification or referral for employment by such a labor organization or
employment agency, indicating any preference, limitation, specification or
distinction based on unlawful discrimination.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-40. Exceptions.

(a) It shall not be unlawful for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee benefit system such as
retirement, pension or insurance plan which is not a subterfuge to evade the
purposes of this chapter, except that no such employee seniority system or
benefit plan shall excuse the failure to hire any individual.

(b) It shall not be unlawful for a notice or advertisement to indicate a
preference, limitation or specification where such factors are bona fide
occupational qualifications necessary for employment. Nor shall it be unlawful
for a person to request, accept an order for, refer or hire an individual based on
such a preference, limitation or specification where such factors are bona fide
occupational qualifications necessary for such employment.

(c) It shall not be unlawful for any person to develop a bona fide affirmative
action plan designed to overcome the effects of past discrimination and to
take action not otherwise prohibited by this Chapter or State or Federal law to
carry out any such affirmative action plan.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-41--17-55. Reserved.

ARTICLE IV. DISCRIMINATION IN PUBLIC ACCOMMODATIONS*

__________
*State law reference(s)--Human rights in public accommodations, 775 ILCS
5/5-101 et seq.

__________
Sec. 17-56. Discrimination in general.

It shall be unlawful to do any of the following acts based on unlawful discrimination:
to deny, directly or indirectly, or charge a higher price than the regular rate, for the
full and equal enjoyment of the goods, services, facilities, privileges, advantages
and accommodations of any place of public accommodation; to print, circulate,
post, mail, or otherwise cause, directly or indirectly, to be published a statement,
advertisement or sign which indicates that the full and equal enjoyment of the
goods, services, facilities, privileges, advantages or accommodations of a place of
public accommodation will be refused, withheld from or denied an individual; or that
an individual's patronage of, or presence at, a place of public accommodation is
objectionable, unwelcome, unacceptable or undesirable.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-57. Exceptions.

(a) Nothing in this section shall apply to a private club or other
establishment not in fact open to the public, except to the extent that the
goods, services, facilities, privileges, advantages or accommodations of the
establishment are made available generally to the customers or patrons of the
establishment so long as membership in the club or establishment is not
based on color, national origin or race.

(b) It shall not be unlawful to discriminate on the basis of sex in the
provision of facilities which are distinctly private in nature, such as restrooms,
shower rooms, bath houses, health clubs or other similar facilities.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-58. Credit transactions.

(a) Loans. It shall be unlawful to do any of the following acts based on
unlawful discrimination: deny any person any of the services normally offered
by such an institution; provide any person with any service which is different
from, or provided in a different manner than, that which is provided to other
persons similarly situated; deny or vary the terms of a loan; deny or vary the
terms of a loan on the basis that a specific parcel of real estate offered as
security is located in a specific geographical area; deny or vary the terms of a
loan without having considered all of the regular and dependable income of
each person who would be liable for repayment of the loan; or utilize lending
standards that have no economic basis and which constitute unlawful
discrimination.

(b) Credit cards. Nothing contained in this article shall prohibit a financial
institution or a person who offers credit cards from making an inquiry of:

(1) The applicant's age, permanent residence, immigration status, or
any additional information if such inquiry is for the purpose of determining
the amount and probable continuance of income levels;

(2) Credit history, or other pertinent element of credit-worthiness as
provided in regulations of the State of Illinois, using any empirically derived
credit system which considers age if such system is demonstrably and
statistically sound;

(3) Refusing to extend credit when required by or pursuant to any credit
assistance program expressly authorized by law for an economically
disadvantaged class of persons;

(4) Credit assistance program expressly authorized by a nonprofit
organization for its members of an economically disadvantaged class of
persons; or

(5) Special purpose credit program offered by a profit-making
organization to meet special social need which meets standards
prescribed by the State of Illinois in its regulations.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-59. Exceptions.

Nothing contained in this article shall prohibit a financial institution from
considering sound underwriting practices in contemplation of any loan to any
person. Such practice may include the following criteria:

(1) The willingness and the financial ability of the borrower to repay the
loan;

(2) The market value of any real estate or other item of property
proposed as security for any loan; or

(3) Diversification of the financial institution's investment portfolio.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-60. Explanation of denial required.

It shall be an unlawful practice for any person to refuse, upon the written request of
an unsuccessful applicant for credit, to provide within a reasonable period of time
such an applicant with a written statement explaining the reason(s) for the denial,
refusal or restriction of the amount or use of credit.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-61--17-70. Reserved.

ARTICLE V. DISCRIMINATION IN HOUSING AND COMMERCIAL SPACE*

__________
*State law reference(s)--Human rights real estate transactions, 775 ILCS 5/3-101
et seq.

__________
Sec. 17-71. Discrimination in general.

It shall be unlawful to do any of the following acts based on unlawful discrimination:

(1) To refuse to engage in a real estate transaction or otherwise make
unavailable or deny a dwelling to a person including the making of loans or
the provision of other financial assistance for purchasing, constructing,
improving, repairing, or maintaining a dwelling; or the making of loans or
the provision of other financial assistance secured by residential real
estate;

(2) To alter the terms, conditions or privileges of a real estate
transaction or in the furnishing of facilities or services in connection
therewith;

(3) To refuse to receive or to fail to transmit a bona fide offer to engage
in a real estate transaction from a person;

(4) To refuse to negotiate for a real estate transaction with a person;

(5) To represent to a person that real property is not available for
inspection, sale, rental, or lease when in fact it is so available, or to fail to
bring a property listing to his or her attention, or to refuse to permit him or
her to inspect real property;

(6) To print, circulate, post, mail, publish or cause to be so published a
written or oral statement, advertisement or sign, or to use a form of
application for a real estate transaction, or to make a record or inquiry in
connection with a prospective real estate transaction, which expresses
any limitation or preference founded upon, or indicated, directly or
indirectly with an intent to engage in unlawful discrimination or
discrimination based on familial status;

(7) To offer, solicit, accept, use or retain a listing of real property with
knowledge that unlawful discrimination or discrimination on the basis of
familial status in a real estate transaction is intended;

(8) To deny a person access to, membership, or participation in the
multiple listing service, real estate brokers organization or other service;

(9) To refuse to sell or rent or to otherwise make unavailable or deny a
dwelling to any buyer or renter because of a disability of that buyer or
renter, or a disability of a person residing or intending to reside in that
dwelling after it is sold, rented or made available or a disability of any
person associated with the buyer or renter;

(10) To alter the terms, conditions, or privileges if sale or rental of a
dwelling or the provision of services or facilities in connection with such
dwelling because of a person's disability or a disability of any person
residing or intending to reside in that dwelling after it is sold, rented or
made available, or a disability of any person associated with that person;

(11) To alter the terms, conditions, or privileges if sale or rental of a
dwelling or the provision of services or facilities in connection with such
dwelling because of a person's disability or a disability of any person
residing or intending to reside in that dwelling after it is sold, rented or
made available, or a disability of any person associated with that person;

(12) To refuse to permit, at the expense of a person with a disability,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises; except that, in the case of a rental,
the landlord may, where it is reasonable to do so, condition permission for
a modification on the renter agreeing to restore the interior of the premises
to the condition that existed before modifications to the extent necessary
for future reasonable use of persons without disabilities, reasonable wear
and tear accepted. The landlord may not increase for disabled persons any
customarily required security deposit. Where it is necessary in order to
ensure with reasonable certainty that funds will be available to pay for the
restorations at the end of the tenancy, the landlord may negotiate as a part
of such a restoration agreement a provision requiring that the tenant pay
reasonable amount of money not to exceed that cost of the restoration.
The landlord shall only collect restoration money for actual costs incurred
in the restoration. The landlord shall only collect restoration money for
actual costs incurred in the restoration. The landlord may condition
permission for a modification on the renter providing a reasonable
description of the proposed modification as well as reasonable assurances
that the work will be done in a workmanlike manner and that any required
building permits will be obtained;

(13) To refuse to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to
afford a person with a disability equal opportunity to use and enjoy a
dwelling; or

(14) In connection with the design and construction of covered
multi-family dwellings for first occupancy after March 13, 1991, to fail to
design and construct those dwellings in such a manner that: the dwellings
have at least one building entrance on an accessible route, unless it is
impractical to do so because of the terrain or unusual characteristics of the
site; or with respect to dwellings with a building entrance on an accessible
route that the public use and common use portion of such dwellings are
readily accessible to and usable by persons with disabilities; that all the
doors designed to allow passage into and within all premises within such
dwellings are sufficiently wide to allow passage by persons with disabilities
in wheelchairs; and that all premises within such dwellings contain an
accessible route into and through the dwelling; light switches, electrical
outlets, thermostats, and other environmental controls in accessible
locations; reinforcements in bathroom walls to allow later installations of
grab bars; and usable kitchens and bathrooms such that an individual in a
wheelchair can maneuver about the space.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-72. Satisfaction of compliance; alternatives.

Compliance with the Illinois Accessibility Code or the Americans with Disabilities
Act shall be deemed to satisfy the requirements of sections 17-71 (13) and (14).

C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-73. Blockbusting and steering.

It shall be unlawful for any person, whether or not acting for monetary gain, directly
or indirectly to engage in the practice of "blockbusting" or "steering", including but
not limited to committing of any one or more of the following acts:

(1) To promote, induce, influence or attempt to promote, induce or
influence a transaction in real property through any representation, means
or device whatsoever calculated to induce a person to discriminate or to
engage in such transaction wholly or partially in response to
discrimination, prejudice, fear or unrest adduced by such means, device or
representation.

(2) To place a sign or display any other device either purporting to offer
or tending to lead to the belief that an offer is being made for a transaction
in real property that is not in fact available or offered for transaction, or
which purports that any transaction in real property has occurred that in
fact has not.

(3) To represent that a change has occurred, will occur or may occur
with respect to the composition of the owners or occupants in any block,
neighborhood or area in which real property, which is the subject of a real
estate transaction, is located if such representation is based on
discrimination.

(4) To represent that a change with respect to the composition of the
owners or occupants in any block, neighborhood or area will result in a
lowering of property values, in an increase in criminal or anti-social
behavior, or in a decline in the quality of schools in such block,
neighborhood or area if such representation is based on discrimination.

5) To solicit for sale, lease, listing or purchase, any residential real
estate within the City, on the grounds of loss of value due to the
prospective entry into the vicinity of the property involved of any person or
persons of any particular age, color, creed, familial status, family
responsibilities, martial status, matriculation, natural origin, physical or
mental disability unrelated to ability, personal appearance, political
affiliation, prior arrest record, race, religion, sex, sexual preference or
source of income.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-74. Other discriminatory practices.

It shall be unlawful for any person to do any of the following acts based on unlawful
discrimination:

(1) To post or erect or cause or permit any person to post or erect any
sign or notice upon any real property, managed by or in the custody, care
or control of such person, indicating an intent to sell or lease any real
property in a manner that is unlawful under this chapter;

(2) To publish or circulate, or cause or permit any person to publish or
circulate, a statement, advertisement or notice of an intention to sell or
lease any real property in a manner that is unlawful under this chapter;

(3) To transmit communications in any manner, including a telephone
call, with a design to induce any owner of residential real estate to sell or
lease his or her property in a manner unlawful under this chapter.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-75. Exceptions.

(a) Nothing in this chapter shall require the owner to offer real property to
the public at large before selling, exchanging or leasing it, provided that the
owner complies with all other provisions of this chapter.

(b) Nothing in this chapter shall be construed to apply to the rental or
leasing of housing accommodations in that portion of a building or housing
unit in which the owner, occupant or members of his/her family, occupy one of
the living units and in which the owner-occupant anticipates the necessity of
sharing a kitchen or bathroom with a prospective tenant, not related to the
owner-occupant.

(c) The provisions of this chapter shall not be so construed as to prohibit a
person from inquiring into and reporting upon the qualifications of any
prospective buyer or tenant with respect to limitations or exclusions other
than those based on discrimination.

(d) Nothing in this chapter shall prohibit a religious organization,
association, or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious organization,
association or society, from limiting the sale, rental or occupancy of a
dwelling which it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to such persons,
unless membership in such religion is restricted on account of race, color,
national origin, or ancestry.

(e) Nothing in this chapter shall prohibit discrimination in the leasing of
residential property based upon a person's record of convictions for a forcible
felony or a felony drug conviction or the conviction of the sale, manufacture or
distribution of illegal drugs or convictions which are based upon factors which
would constitute one of the categories of convictions listed above under Illinois
law; provided, that the conviction shall not be allowed to be the basis of
discrimination if the person convicted has resided outside of prison at least
the last five (5) consecutive years without being convicted of an offense
involving the use of force or violence or the illegal use, possession,
distribution, sale or manufacture of drugs.

(C.B. No. 94-167, § 1, 7-5-94)

ARTICLE VI. INTERPRETATION

Sec. 17-76. Interpretation.

This chapter shall be interpreted consistent with the Statement of Intent to broadly
protect persons from discrimination on the basis of their perceived membership in a
class or category of persons regardless of their individual characteristics.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-77. Discrimination based on sociological or economic conditions
or personal characteristics.

In addition to other types of discrimination this chapter shall be interpreted to the
end of eliminating discrimination on the basis of real or perceived economic and
social conditions in which a person resides or is raised or personal characteristics
shared by a group and which condition or characteristics are perceived to result in
stereotypical behavior for which no statistically significant basis exists and upon
which an individual takes adverse action against a person perceived to be in that
condition or possess that stereotypical characteristic despite the lack of facts
available upon which to base such adverse action. The Human Relations
Commission should investigate complaints of discrimination not otherwise
specifically prohibited by this chapter to determine if additional specific prohibitions
or guidelines to prevent and remedy unwarranted discrimination should be adopted.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-78--17-100. Reserved.

ARTICLE VI. INVESTIGATION AND CONCILIATION

Sec. 17-101. Filing of complaints.

(a) (1) Any individual who believes that he or she has been aggrieved by
a violation of the provisions of this chapter may file a complaint with the
Human Rights Officer.

(2) The Human Rights Officer may, in lieu of an individual complainant
filing a written statement, on his or her initiative, file and process a written
statement of alleged unlawful discrimination.

(b) The complainant shall make a written statement that an unlawful
practice has been committed, setting forth the facts upon which the complaint
is based, and setting forth facts sufficient to enable the Human Rights Officer
to identify the respondent. Such written statement shall be referred to herein
as a "complaint."

(c) All complaints regarding unlawful discrimination shall be filed within one
hundred eighty (180) days of the occurrence of the alleged violation, or one
hundred eighty (180) days after the discovery thereof, but in no event shall a
complaint be filed more than one year after the occurrence of the violation.

(d) Complaints filed may be voluntarily withdrawn at the request of the
complainant at any time prior to the completion of the public hearing specified
in section 17-122. The circumstances accompanying such withdrawal may be
fully investigated by the Human Rights Officer.

(e) The Human Rights Officer may investigate individual instances and
patterns of conduct which the Commission or Human Rights Officer feels may
be in violation of the provisions of this chapter. The Human Rights Officer may
file complaints in connection therewith.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-102. Records and reports.

(a) When a complaint has been filed against a person pursuant to this
chapter, the respondent shall preserve all records which may be relevant to
the charge or action until a final disposition of the charge. Such records shall
include, but not be limited to, application forms submitted by applicants,
sales and rental records, credit and reference reports, personnel records, and
any other records pertaining to the status of an individual's enjoyment of the
rights and privileges protected or granted under this chapter.

(b) The respondent shall, at the request of the Human Rights Officer, permit
the Officer to inspect and copy such records as may be relevant to the
investigation. Should the respondent refuse to permit such inspection and
copying, the Chair of the Human Rights Commission may issue a subpoena
for such records.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-103. Investigation.

(a) The Human Rights Officer or his or her designee shall promptly
investigate allegations of discrimination set forth in any complaint and shall
furnish the respondent with a copy of the complaint at the commencement of
any such investigation.

(b) A preliminary determination in writing shall be made by the investigator,
stating whether or not there is probable cause to believe that this chapter has
been violated, and on what facts such determination is based.

(c) If the Human Rights Officer finds with respect to any respondent that
the Commission lacks jurisdiction or that probable cause does not exist, the
Human Rights Officer shall issue and cause to be served on the appropriate
parties an order dismissing the allegations of the complaint.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-104. Conciliation.

(a) In case the investigator makes a preliminary determination that there is
probable cause, an attempt shall be made to eliminate the alleged
discriminatory practice by informal methods of conference, conciliation and
persuasion.

(b) If the respondent and complainant agree to a conciliation agreement,
such agreement shall be reported to the Human Rights Officer and the Human
Rights Officer shall dismiss the complaint stating the terms of the agreement
and furnish a copy of the dismissal and agreement to the complainant and
respondent. Upon such dismissal a complaint may be reinstated if the
respondent fails to comply with the terms of the conciliation agreement.

(c) Nothing said or done in the course of conciliation may be made public
or used as evidence in a subsequent proceeding without the written consent
of the persons concerned. Notwithstanding the above, the City shall make
available to the aggrieved person and respondent, at any time, upon request
following completion of the investigation, information derived from an
investigation and any final investigative report relating to that investigation.

(d) (1) At any time within one year from the date of a conciliation
agreement, the Commission, or the Human Rights Officer at the request of
the Commission or complainant or upon the initiative of the Human Rights
Officer, shall investigate whether the terms of the agreement are being
complied with by the respondent.

(2) Upon finding that the terms of the agreement are not being complied
with by the respondent, the Human Rights Officer shall certify the matter to
the City Attorney for enforcement proceedings.

(e) Except for the terms of the conciliation agreement and information
necessary for the Commission to reasonably perform its duties including but
not limited to, issuing subpoenas, conducting investigations and conducting
public hearings, neither the Human Rights Officer nor any officer or employee
thereof shall make public, without written consent of the involved parties,
information concerning the case which has resulted in a conciliation
agreement.

(f) The Human Rights Officer may dismiss a charge if the Officer is satisfied
that:

(1) The respondent has eliminated the effects of the violation charged
and has taken steps to prevent its repetition; or

(2) The respondent offers and the complainant declines to accept terms
of settlement which the Human Rights Officer finds are sufficient to
eliminate the effect of the violation charged and prevent its repetition; or

(3) The complainant fails or refuses, in good faith, to negotiate or accept
a reasonable conciliation agreement.

Such dismissal may be appealed to the Commission within thirty
(30) days of notice of the dismissal being sent or delivered to the
Complainant.

(g) Nothing in this chapter shall be so construed as to contravene, or
attempt to contravene, the provisions or intent of the Illinois Open Meeting
Law.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-105--17-120. Reserved.

ARTICLE VIII. PUBLIC HEARING

Sec. 17-121. Notice of hearing and complaint; response.

(a) In case of failure of conciliation efforts, or in advance or such efforts, as
determined by the Human Rights Officer and after a final determination by the
Human Rights Officer of probable cause and after consulting and coordinating
with the office of the City Attorney, the Human Rights Officer shall cause to
be issued and served in the name of the Commission, a written notice of the
time, initial date and place of hearing, together with a copy of the complaint,
as the same may have been amended. Such hearing shall be scheduled not
less than thirty (30) days nor more than ninety (90) days after the date that
the notice was served.

(b) The notice shall be served by registered or certified mail, return receipt
requested, or by personal service.

(c) The respondent shall file a verified response to the complaint within
fourteen (14) days of the date of service of the complaint on the respondent.

In the case that no response is filed within the fourteen (14) day period, the
respondent shall not be entitled to file a written response prior to the
hearing, except by leave of the hearing officer.

(d) The Commission shall be provided with a copy of the notice, complaint
and response prior to the hearing and after the time for response has passed.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-122. Public hearing.

(a) At the initial hearing date, the Chair of the Commission shall appoint a
hearing officer and schedule the actual hearing within ninety (90) days after
the initial hearing date.

(b) The hearing officer shall rule on motions and all other matters and
conduct the hearing according to the Commission rules.

(c) The office of the City Attorney shall present the City's case before the
Commission. Efforts at conciliation and reconciliation shall not be received
into evidence.

(d) The Chair of the Commission, or the Acting Chair in the absence of the
Chair, or the hearing officer, shall issue subpoenas at the instance of the
Commission or the investigator, or at the instance of a respondent or the City
Attorney, whenever necessary to compel the attendance of a witness or to
require the production for examination of any books, payrolls, records,
correspondence, documents, papers or other evidence for preparation prior to
or at a hearing or for purposes of investigating a discrimination charge.

(e) If the respondent fails to appear at the hearing after having been served
with notice the Commission shall proceed with the hearing on the basis of the
evidence in support of the complaint.

(f) The respondent may appear at the hearing with or without
representation, may examine and cross-examine the witnesses and the
complainant, and may offer evidence.

(g) At the conclusion of any hearing, the Commission may ask the City
Attorney and the respondent to submit written statements summarizing the
evidence presented and any authorities in support of their position, as well as
suggested remedies. Such statements shall be submitted within fourteen (14)
days after the close of evidence.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-123. Decision.

(a) Within twenty-eight (28) days after the conclusion of the hearing, or
within twenty-one (21) days after the date set for receipt of materials specified
in subsection 17-122(g) above, the Commission shall render a decision as to
whether or not the respondent has violated the provisions of this chapter.

(b) If it is determined that a respondent has not engaged in an unlawful
practice, the Commission shall issue and cause to be served on the
respondent and the complainant a decision and order dismissing the case.

(c) If it is determined that a respondent has violated the provisions of this
chapter, the Commission shall issue and cause to be served on such
respondent a decision and order, accompanied by findings of fact and
conclusions of law, requiring such respondent to cease and desist from such
unlawful practice, and to provide such remedies as in the judgment of the
Commission will carry out the purposes of this chapter.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-124. Remedies.

Remedies for violation of this chapter may include, but shall not be limited to, the
following acts on behalf of the complainant and other aggrieved individuals:

(1) Hiring, reinstating or upgrading, with or without back pay; or

(2) Restoring membership in any respondent labor organization; or

(3) Admitting to or allowing to participate in a program, apprenticeship
training program, on-the-job training program or other occupational training
or retraining program; or

(4) The extension of full, equal and unsegregated accommodations,
advantages, facilities and privileges; or

(5) Payment of compensatory damages; or

(6) Extending credit, referring for employment, selling, exchanging or
leasing real property, or providing housing accommodations.

(7) Actual damages, including possible compensatory damages; or

(8) A fine to be imposed upon the respondent found to have wilfully
violated this chapter; or

(9) The hiring, reinstatement or job upgrading of complainant with or
without back pay and/or provision for fringe benefits as the complainant
may have been denied in employment-related complaints; or

(10) Attending or obtaining education or training, at respondent's
expense, focused on alleviating discriminatory practices on the part of
respondent.

Such remedies may be given alone or in combination with one another.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-125. Fines; penalties.

(a) Any person found in violation of any provision of this chapter may by the
Commission, or in subsequent judicial proceedings in a court of law, shall be
fined not more than Five Hundred Dollars ($500.00) for each violation. Each
day a violation exists shall be considered a separate violation for the purposes
of this chapter.

(b) If any fines or penalties hereunder are not paid within thirty (30) days
after they are accessed, said fines or other penalties shall be considered to
be debts to the City of Champaign or to the party to whom they are owed and
shall be collectible in the same manner provided by law for the collection of all
other debts.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-126. Enforcement.

(a) If the Commission determines that the respondent has not, after thirty
(30) calendar days following service of its order, corrected the unlawful
practice shall complied with this chapter, the Commission shall certify the
matter to the City Attorney for enforcement proceedings.

(b) The City Attorney shall institute, in the name of the City, civil
proceedings, including seeking any restraining orders and temporary or
permanent injunctions as are necessary to obtain complete compliance with
the Commission's orders.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-127. Review.

Any person suffering a legal wrong, or adversely affected or aggrieved by an order
or decision of the Commission in a matter, pursuant to the provisions of this
chapter, is entitled to a judicial review thereof upon filing a written petition for such
a review with the Circuit Court of the Sixth Judicial Circuit or any court of
competent jurisdiction, within thirty (30) days from the date that a copy of the
decision or final order sought to be reviewed was served on the party affected
thereby.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-128. Licenses, permits and franchises.

(a) The Commission, upon a determination of a violation of any of the
provisions of this chapter by a holder of, or applicant for, any permit, license,
franchise, benefit, exemption or advantage issued by or on behalf of the City,
and upon a failure of the respondent to correct the unlawful discriminatory
practice and comply with, shall refer this determination to the proper agency
or authority. Such determination shall constitute prima facie evidence that the
respondent, with respect to the particular business in which the violation was
found, is not operating in public interest. Such agency or authority shall, upon
notification, issue to the holder or applicant an order to show cause why such
privileges related to that business should not be revoked, suspended, denied
or otherwise restricted.

(b) The Commission, upon the determination described in section
17-123(c), may recommend to the issuing authority that the issuing authority
revoke, suspend, restrict or refuse to issue any license, permit, franchise,
benefit, exemption or advantage to such a respondent; provided, however, that
when such respondent has not previously been found in violation of this
chapter, such period shall not exceed ninety (90) days.

(C.B. No. 94-167, § 1, 7-5-94)

Secs. 17-129, 17-130. Reserved.

ARTICLE IX. AMERICANS WITH DISABILITIES ACT COMPLIANCE PLAN

Sec. 17-131. Plan adopted.

The City's Americans with Disabilities Act ("ADA") Compliance Plan, on file with
the City Clerk, and as may be adopted from time to time, is approved and adopted.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-132. Plan implementation.

The City Manager is empowered to implement the ADA Compliance Plan and to
take such other steps as are necessary to comply with the ADA, subject to the
budget limitations established in the City's annual budget.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-133. ADA Coordinator.

The City Manager shall appoint an ADA Compliance Coordinator from among
existing City staff members. The Coordinator shall direct the implementation of the
ADA Compliance Plan and receive and consider input on compliance efforts and
alleged noncompliance with the Act from citizens, disabled citizens and other
interested individuals and organizations.

(C.B. No. 94-167, § 1, 7-5-94)