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Hutchcraft Van Serv. v. Human Relations Com.

OPINION FILED MARCH 11, 1982.

HUTCHCRAFT VAN SERVICE, INC., PETITIONER-APPELLEE,

v.

THE CITY OF URBANA HUMAN RELATIONS COMMISSION ET AL., RESPONDENTS-APPELLANTS.



APPEAL from the Circuit Court of Champaign County; the Hon. GEORGE S. MILLER, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

Rehearing denied April 13, 1982.

This appeal raises a question which has not as yet been entirely resolved under the law of this State: To what extent, if any, may a home-rule unit legislate beyond that which has theretofore also been the object of statutory enactment by the legislature?

The factual matters are not in serious dispute. The City of Urbana (Urbana) purporting to act under its home-rule power, enacted an amended ordinance entitled "An Ordinance on Human Rights" (ordinance), the relevant portions of which are read as follows:

"ARTICLE 1. PURPOSE

Sec. 1. Intent

It is the intent of the City of Urbana, in adopting this ordinance, to secure an end, in the City of Urbana, to discrimination, including, but not limited to, discrimination by reason of race, color, creed, class, national origin, religion, sex, age, marital status, physical and mental handicap, personal appearance, sexual preference, family responsibilities, matriculation, political affiliation, prior arrest or conviction record or source of income. * * *

ARTICLE 2. DEFINITIONS

Sec. 3. Definitions

Discrimination. Any practice or act which is unlawfully based wholly or partially on the race, color, creed, class, national origin, religion, sex, age, marital status, physical or mental handicap, personal appearance, sexual preference, family responsibilities, matriculation, political affiliation, prior arrest or conviction record or source of income of any individual.

Personal appearance. The outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristic 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.

ARTICLE 4. DISCRIMINATION IN EMPLOYMENT

Sec. 5. Discrimination by an employer

It shall be an unlawful practice for an employer to do any of the following acts for a reason based wholly or partially on discrimination: to fail or refuse to hire * * * any person ...


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