Public Act 103-0150
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Civil
Rights Remedies Restoration Act.
Section 5. Legislative findings.
(a) For decades, courts and juries have awarded damages
for emotional distress for violations of federal civil rights
statutes passed pursuant to Congress's authority under the
Spending Clause of the U.S. Constitution (Article I, Section
8, Clause 1).
(b) The U.S. Supreme Court's decision in Cummings v.
Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (2022)
prohibits damages for emotional distress for violations of the
Spending Clause statutes at issue there, the Rehabilitation
Act of 1973, and the Patient Protection and Affordable Care
Act, unless they expressly provide for such damages. The
decision will likely impair the availability of emotional
distress damages under other federal civil rights statutes as
well.
(c) As a result of the Cummings decision, an individual
whose civil rights have been violated will be left without the
full range of remedies once available, and perpetrators of
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discrimination will no longer be required to make their
victims whole.
(d) To promote the general welfare, deter unlawful
conduct, encourage victims of discrimination to vindicate
their rights, and ensure access to the courts, the General
Assembly finds it proper to establish a statutory minimum of
$4,000 for any violation of this Act.
Section 10. Purpose. The purpose of this Act is to restore
in Illinois the full enjoyment of the civil rights unjustly
limited by the U.S. Supreme Court in its decision in Cummings.
Section 15. Violation. A violation of Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), Section 1557 of
the Patient Protection and Affordable Care Act (42 U.S.C.
18116), Title II of the Americans with Disabilities Act of
1990 (42 U.S.C. 12132 et seq.), the Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), Title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or the
provisions of any other federal statute prohibiting
discrimination under a program or activity receiving federal
financial assistance shall constitute a violation of this Act.
Section 20. Remedies. Whoever injures another by a
violation of this Act is liable for each and every offense for
all remedies available at law, including, but not limited to,
damages for past, current, and future monetary losses,
emotional pain, suffering, inconvenience, mental anguish, loss
of enjoyment of life, and other nonmonetary losses, and any
amount that may be determined by a jury, or a court sitting
without a jury, but in no case less than $4,000, and any
attorney's fees, costs, and expenses, including, but not
limited to, expert witness fees, that may be determined by the
court in addition thereto.
Section 25. Other relief. In addition to the monetary
damages provided in Section 20, the court, as it deems
appropriate, may grant as relief any permanent or preliminary
negative or mandatory injunction, temporary restraining order,
order of declaratory judgment, or other relief.
Section 30. Filing claims; enforcement under the Illinois
Human Rights Act; State waivers. Claims for violation of this
Act may be filed in any court of competent jurisdiction.
Nothing in this Act shall be interpreted to limit any
enforcement authority available under the Illinois Human
Rights Act. The State waives sovereign and Eleventh Amendment
of the United States Constitution immunity for any violation
of this Act.