IL
Illinois Senate Bill SB2251

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2251 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2251 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 775 ILCS 5/4-101 from Ch. 68, par. 4-101775 ILCS 5/4-102 from Ch. 68, par. 4-102775 ILCS 5/4-103 from Ch. 68, par. 4-103775 ILCS 5/4-104 from Ch. 68, par. 4-104775 ILCS 5/5-101 from Ch. 68, par. 5-101775 ILCS 5/5-102 from Ch. 68, par. 5-102775 ILCS 5/5-102.1775 ILCS 5/8A-104 from Ch. 68, par. 8A-104 Amends the Illinois Human Rights Act. Changes the Public Accommodations and Financial Credit Articles to prohibit discrimination on the basis of citizenship, primary language, or immigration status that includes discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. "Citizenship" means the status of being: (i) a born U.S. citizen; (ii) a naturalized U.S. citizen; or (iii) a U.S. national. "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States. "Primary language" means a person's preferred language for communication. Provides that it is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status if required by federal law. Nothing in the Act may be construed to require the provision of services or documents in a language other than English beyond that which is otherwise required by other provisions of federal, State, or local law. Provides that a civil rights violation for a violation of Articles 4 and 5 may include statutory damages of 3 times the amount of actual damages sustained or $8,000, whichever is the greater. LRB104 09815 JRC 19882 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2251 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 775 ILCS 5/4-101 from Ch. 68, par. 4-101775 ILCS 5/4-102 from Ch. 68, par. 4-102775 ILCS 5/4-103 from Ch. 68, par. 4-103775 ILCS 5/4-104 from Ch. 68, par. 4-104775 ILCS 5/5-101 from Ch. 68, par. 5-101775 ILCS 5/5-102 from Ch. 68, par. 5-102775 ILCS 5/5-102.1775 ILCS 5/8A-104 from Ch. 68, par. 8A-104 775 ILCS 5/4-101 from Ch. 68, par. 4-101 775 ILCS 5/4-102 from Ch. 68, par. 4-102 775 ILCS 5/4-103 from Ch. 68, par. 4-103 775 ILCS 5/4-104 from Ch. 68, par. 4-104 775 ILCS 5/5-101 from Ch. 68, par. 5-101 775 ILCS 5/5-102 from Ch. 68, par. 5-102 775 ILCS 5/5-102.1 775 ILCS 5/8A-104 from Ch. 68, par. 8A-104 Amends the Illinois Human Rights Act. Changes the Public Accommodations and Financial Credit Articles to prohibit discrimination on the basis of citizenship, primary language, or immigration status that includes discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. "Citizenship" means the status of being: (i) a born U.S. citizen; (ii) a naturalized U.S. citizen; or (iii) a U.S. national. "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States. "Primary language" means a person's preferred language for communication. Provides that it is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status if required by federal law. Nothing in the Act may be construed to require the provision of services or documents in a language other than English beyond that which is otherwise required by other provisions of federal, State, or local law. Provides that a civil rights violation for a violation of Articles 4 and 5 may include statutory damages of 3 times the amount of actual damages sustained or $8,000, whichever is the greater. LRB104 09815 JRC 19882 b LRB104 09815 JRC 19882 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2251 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
33 775 ILCS 5/4-101 from Ch. 68, par. 4-101775 ILCS 5/4-102 from Ch. 68, par. 4-102775 ILCS 5/4-103 from Ch. 68, par. 4-103775 ILCS 5/4-104 from Ch. 68, par. 4-104775 ILCS 5/5-101 from Ch. 68, par. 5-101775 ILCS 5/5-102 from Ch. 68, par. 5-102775 ILCS 5/5-102.1775 ILCS 5/8A-104 from Ch. 68, par. 8A-104 775 ILCS 5/4-101 from Ch. 68, par. 4-101 775 ILCS 5/4-102 from Ch. 68, par. 4-102 775 ILCS 5/4-103 from Ch. 68, par. 4-103 775 ILCS 5/4-104 from Ch. 68, par. 4-104 775 ILCS 5/5-101 from Ch. 68, par. 5-101 775 ILCS 5/5-102 from Ch. 68, par. 5-102 775 ILCS 5/5-102.1 775 ILCS 5/8A-104 from Ch. 68, par. 8A-104
44 775 ILCS 5/4-101 from Ch. 68, par. 4-101
55 775 ILCS 5/4-102 from Ch. 68, par. 4-102
66 775 ILCS 5/4-103 from Ch. 68, par. 4-103
77 775 ILCS 5/4-104 from Ch. 68, par. 4-104
88 775 ILCS 5/5-101 from Ch. 68, par. 5-101
99 775 ILCS 5/5-102 from Ch. 68, par. 5-102
1010 775 ILCS 5/5-102.1
1111 775 ILCS 5/8A-104 from Ch. 68, par. 8A-104
1212 Amends the Illinois Human Rights Act. Changes the Public Accommodations and Financial Credit Articles to prohibit discrimination on the basis of citizenship, primary language, or immigration status that includes discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. "Citizenship" means the status of being: (i) a born U.S. citizen; (ii) a naturalized U.S. citizen; or (iii) a U.S. national. "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States. "Primary language" means a person's preferred language for communication. Provides that it is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status if required by federal law. Nothing in the Act may be construed to require the provision of services or documents in a language other than English beyond that which is otherwise required by other provisions of federal, State, or local law. Provides that a civil rights violation for a violation of Articles 4 and 5 may include statutory damages of 3 times the amount of actual damages sustained or $8,000, whichever is the greater.
1313 LRB104 09815 JRC 19882 b LRB104 09815 JRC 19882 b
1414 LRB104 09815 JRC 19882 b
1515 A BILL FOR
1616 SB2251LRB104 09815 JRC 19882 b SB2251 LRB104 09815 JRC 19882 b
1717 SB2251 LRB104 09815 JRC 19882 b
1818 1 AN ACT concerning human rights.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The Illinois Human Rights Act is amended by
2222 5 changing Sections 4-101, 4-102, 4-103, 4-104, 5-101, 5-102,
2323 6 5-102.1, and 8A-104 as follows:
2424 7 (775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
2525 8 Sec. 4-101. Definitions. The following definitions are
2626 9 applicable strictly in the context of this Article:
2727 10 (A) "Citizenship" means the status of being:
2828 11 (1) a born U.S. citizen;
2929 12 (2) a naturalized U.S. citizen; or
3030 13 (3) a U.S. national.
3131 14 (B) "Discrimination on the basis of citizenship, primary
3232 15 language, or immigration status" means discrimination against
3333 16 a person because of the person's actual or perceived
3434 17 characteristic or characteristics within the listed categories
3535 18 or that the person is associated with a person who has, or is
3636 19 perceived to have, any particular characteristic or
3737 20 characteristics within the listed categories.
3838 21 (C) (A) Credit Card. "Credit card" has the meaning set
3939 22 forth in Section 17-0.5 of the Criminal Code of 2012.
4040 23 (D) (B) Financial Institution. "Financial institution"
4141
4242
4343
4444 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2251 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
4545 775 ILCS 5/4-101 from Ch. 68, par. 4-101775 ILCS 5/4-102 from Ch. 68, par. 4-102775 ILCS 5/4-103 from Ch. 68, par. 4-103775 ILCS 5/4-104 from Ch. 68, par. 4-104775 ILCS 5/5-101 from Ch. 68, par. 5-101775 ILCS 5/5-102 from Ch. 68, par. 5-102775 ILCS 5/5-102.1775 ILCS 5/8A-104 from Ch. 68, par. 8A-104 775 ILCS 5/4-101 from Ch. 68, par. 4-101 775 ILCS 5/4-102 from Ch. 68, par. 4-102 775 ILCS 5/4-103 from Ch. 68, par. 4-103 775 ILCS 5/4-104 from Ch. 68, par. 4-104 775 ILCS 5/5-101 from Ch. 68, par. 5-101 775 ILCS 5/5-102 from Ch. 68, par. 5-102 775 ILCS 5/5-102.1 775 ILCS 5/8A-104 from Ch. 68, par. 8A-104
4646 775 ILCS 5/4-101 from Ch. 68, par. 4-101
4747 775 ILCS 5/4-102 from Ch. 68, par. 4-102
4848 775 ILCS 5/4-103 from Ch. 68, par. 4-103
4949 775 ILCS 5/4-104 from Ch. 68, par. 4-104
5050 775 ILCS 5/5-101 from Ch. 68, par. 5-101
5151 775 ILCS 5/5-102 from Ch. 68, par. 5-102
5252 775 ILCS 5/5-102.1
5353 775 ILCS 5/8A-104 from Ch. 68, par. 8A-104
5454 Amends the Illinois Human Rights Act. Changes the Public Accommodations and Financial Credit Articles to prohibit discrimination on the basis of citizenship, primary language, or immigration status that includes discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. "Citizenship" means the status of being: (i) a born U.S. citizen; (ii) a naturalized U.S. citizen; or (iii) a U.S. national. "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States. "Primary language" means a person's preferred language for communication. Provides that it is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status if required by federal law. Nothing in the Act may be construed to require the provision of services or documents in a language other than English beyond that which is otherwise required by other provisions of federal, State, or local law. Provides that a civil rights violation for a violation of Articles 4 and 5 may include statutory damages of 3 times the amount of actual damages sustained or $8,000, whichever is the greater.
5555 LRB104 09815 JRC 19882 b LRB104 09815 JRC 19882 b
5656 LRB104 09815 JRC 19882 b
5757 A BILL FOR
5858
5959
6060
6161
6262
6363 775 ILCS 5/4-101 from Ch. 68, par. 4-101
6464 775 ILCS 5/4-102 from Ch. 68, par. 4-102
6565 775 ILCS 5/4-103 from Ch. 68, par. 4-103
6666 775 ILCS 5/4-104 from Ch. 68, par. 4-104
6767 775 ILCS 5/5-101 from Ch. 68, par. 5-101
6868 775 ILCS 5/5-102 from Ch. 68, par. 5-102
6969 775 ILCS 5/5-102.1
7070 775 ILCS 5/8A-104 from Ch. 68, par. 8A-104
7171
7272
7373
7474 LRB104 09815 JRC 19882 b
7575
7676
7777
7878
7979
8080
8181
8282
8383
8484 SB2251 LRB104 09815 JRC 19882 b
8585
8686
8787 SB2251- 2 -LRB104 09815 JRC 19882 b SB2251 - 2 - LRB104 09815 JRC 19882 b
8888 SB2251 - 2 - LRB104 09815 JRC 19882 b
8989 1 means any bank, credit union, insurance company, mortgage
9090 2 banking company or savings and loan association which operates
9191 3 or has a place of business in this State.
9292 4 (E) "Immigration status" means citizenship of some country
9393 5 other than the United States, including stateless persons, and
9494 6 the specific authority, or lack thereof, to reside in or
9595 7 otherwise to be present in the United States.
9696 8 (F) (C) Loan. "Loan" includes, but is not limited to, the
9797 9 providing of funds, for consideration, which are sought for:
9898 10 (1) the purpose of purchasing, constructing, improving,
9999 11 repairing, or maintaining a housing accommodation as that term
100100 12 is defined in paragraph (C) of Section 3-101; or (2) any
101101 13 commercial or industrial purposes.
102102 14 (G) "Primary language" means a person's preferred language
103103 15 for communication.
104104 16 (H) (D) Varying Terms. "Varying the terms of a loan"
105105 17 includes, but is not limited to, the following practices:
106106 18 (1) Requiring a greater down payment than is usual for
107107 19 the particular type of a loan involved.
108108 20 (2) Requiring a shorter period of amortization than is
109109 21 usual for the particular type of loan involved.
110110 22 (3) Charging a higher interest rate than is usual for
111111 23 the particular type of loan involved.
112112 24 (4) An under appraisal of real estate or other item of
113113 25 property offered as security.
114114 26 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
115115
116116
117117
118118
119119
120120 SB2251 - 2 - LRB104 09815 JRC 19882 b
121121
122122
123123 SB2251- 3 -LRB104 09815 JRC 19882 b SB2251 - 3 - LRB104 09815 JRC 19882 b
124124 SB2251 - 3 - LRB104 09815 JRC 19882 b
125125 1 (775 ILCS 5/4-102) (from Ch. 68, par. 4-102)
126126 2 Sec. 4-102. Civil Rights Violations: Loans. It shall be a
127127 3 civil rights violation for any financial institution, on the
128128 4 grounds of unlawful discrimination, or discrimination on the
129129 5 basis of citizenship, primary language, or immigration status,
130130 6 to:
131131 7 (A) Denial of Services. Deny any person any of the
132132 8 services normally offered by such an institution.
133133 9 (B) Modification of Services. Provide any person with any
134134 10 service which is different from, or provided in a different
135135 11 manner than, that which is provided to other persons similarly
136136 12 situated.
137137 13 (C) Loan Terms. Deny or vary the terms of a loan.
138138 14 (D) Property Location. Deny or vary the terms of a loan on
139139 15 the basis that a specific parcel of real estate offered as
140140 16 security is located in a specific geographical area.
141141 17 (E) Consideration of Income. Deny or vary the terms of a
142142 18 loan without having considered all of the regular and
143143 19 dependable income of each person who would be liable for
144144 20 repayment of the loan.
145145 21 (F) Lending Standards. Utilize lending standards that have
146146 22 no economic basis and which constitute unlawful
147147 23 discrimination, or discrimination on the basis of citizenship,
148148 24 primary language, or immigration status.
149149 25 (Source: P.A. 81-1216.)
150150
151151
152152
153153
154154
155155 SB2251 - 3 - LRB104 09815 JRC 19882 b
156156
157157
158158 SB2251- 4 -LRB104 09815 JRC 19882 b SB2251 - 4 - LRB104 09815 JRC 19882 b
159159 SB2251 - 4 - LRB104 09815 JRC 19882 b
160160 1 (775 ILCS 5/4-103) (from Ch. 68, par. 4-103)
161161 2 Sec. 4-103. Credit Cards. It is a civil rights violation
162162 3 for a person who offers credit cards to the public in this
163163 4 State:
164164 5 (A) Denial. To refuse to issue a credit card, upon
165165 6 proper application, on the basis of unlawful
166166 7 discrimination, or discrimination on the basis of
167167 8 citizenship, primary language, or immigration status.
168168 9 (B) Reasons for Rejection. To fail to inform an
169169 10 applicant for a credit card, upon request, of the reason
170170 11 that his or her application for a credit card has been
171171 12 rejected.
172172 13 (Source: P.A. 81-1216.)
173173 14 (775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
174174 15 Sec. 4-104. Exemptions.
175175 16 (A) Nothing contained in this Article shall prohibit:
176176 17 (1) (A) Sound Underwriting Practices. A financial
177177 18 institution from considering sound underwriting
178178 19 practices in contemplation of any loan to any person.
179179 20 Such practices shall include:
180180 21 (a) (1) The willingness and the financial
181181 22 ability of the borrower to repay the loan.
182182 23 (b) (2) The market value of any real estate or
183183 24 other item of property proposed as security for
184184
185185
186186
187187
188188
189189 SB2251 - 4 - LRB104 09815 JRC 19882 b
190190
191191
192192 SB2251- 5 -LRB104 09815 JRC 19882 b SB2251 - 5 - LRB104 09815 JRC 19882 b
193193 SB2251 - 5 - LRB104 09815 JRC 19882 b
194194 1 any loan.
195195 2 (c) (3) Diversification of the financial
196196 3 institution's investment portfolio.
197197 4 (2) (B) Credit-worthiness Information; Credit
198198 5 Systems. A financial institution or a person who
199199 6 offers credit cards from:
200200 7 (a) (1) making an inquiry of an the
201201 8 applicant's age, permanent residence, immigration
202202 9 status, or any additional information if such
203203 10 inquiry is for the purpose of determining the
204204 11 amount and probable continuance of income levels,
205205 12 credit history, or other pertinent element of
206206 13 credit-worthiness as provided in regulations of
207207 14 the Department, except that a financial
208208 15 institution or a person who offers credit cards
209209 16 may not make an inquiry of an applicant's
210210 17 permanent residence or immigration status for any
211211 18 element of creditworthiness;
212212 19 (b) (2) using any empirically derived credit
213213 20 system which considers age if such system is
214214 21 demonstrably and statistically sound in accordance
215215 22 with regulations of the Department, except that in
216216 23 the operation of such system the age of an
217217 24 applicant over the age of 62 years may not be
218218 25 assigned a negative factor or value.
219219 26 (3) (C) Special Credit Programs. A financial
220220
221221
222222
223223
224224
225225 SB2251 - 5 - LRB104 09815 JRC 19882 b
226226
227227
228228 SB2251- 6 -LRB104 09815 JRC 19882 b SB2251 - 6 - LRB104 09815 JRC 19882 b
229229 SB2251 - 6 - LRB104 09815 JRC 19882 b
230230 1 institution from refusing to extend credit when
231231 2 required to by or pursuant to any:
232232 3 (a) (1) credit assistance program expressly
233233 4 authorized by law for an economically
234234 5 disadvantaged class of persons;
235235 6 (b) (2) credit assistance program administered
236236 7 by a nonprofit organization for its members of an
237237 8 economically disadvantaged class of persons;
238238 9 (c) (3) special purpose credit program offered
239239 10 by a profit-making organization to meet special
240240 11 social needs which meets standards prescribed by
241241 12 the Department in its regulations.
242242 13 (B) It is not a civil rights violation to verify
243243 14 immigration status or any discrimination based upon
244244 15 verified immigration status if required by federal law.
245245 16 (C) Nothing in this Article may be construed to
246246 17 require the provision of services or documents in a
247247 18 language other than English, beyond that which is
248248 19 otherwise required by other provisions of federal, State,
249249 20 or local law.
250250 21 (Source: P.A. 100-201, eff. 8-18-17.)
251251 22 (775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
252252 23 Sec. 5-101. Definitions. The following definitions are
253253 24 applicable strictly in the context of this Article:
254254 25 (A) "Citizenship" means the status of being:
255255
256256
257257
258258
259259
260260 SB2251 - 6 - LRB104 09815 JRC 19882 b
261261
262262
263263 SB2251- 7 -LRB104 09815 JRC 19882 b SB2251 - 7 - LRB104 09815 JRC 19882 b
264264 SB2251 - 7 - LRB104 09815 JRC 19882 b
265265 1 (1) a born U.S. citizen;
266266 2 (2) a naturalized U.S. citizen; or
267267 3 (3) a U.S. national.
268268 4 (B) "Discrimination on the basis of citizenship, primary
269269 5 language, or immigration status" includes discrimination
270270 6 against a person because of the person's actual or perceived
271271 7 characteristic or characteristics within the listed categories
272272 8 or that the person is associated with a person who has, or is
273273 9 perceived to have, any particular characteristic or
274274 10 characteristics within the listed categories.
275275 11 (C) "Immigration status" means citizenship of some country
276276 12 other than the United States, including stateless persons, and
277277 13 the specific authority, or lack thereof, to reside in or
278278 14 otherwise to be present in the United States.
279279 15 (D) (A) Place of Public Accommodation. "Place of public
280280 16 accommodation" includes, but is not limited to:
281281 17 (1) an inn, hotel, motel, or other place of lodging,
282282 18 except for an establishment located within a building that
283283 19 contains not more than 5 units for rent or hire and that is
284284 20 actually occupied by the proprietor of such establishment
285285 21 as the residence of such proprietor;
286286 22 (2) a restaurant, bar, or other establishment serving
287287 23 food or drink;
288288 24 (3) a motion picture house, theater, concert hall,
289289 25 stadium, or other place of exhibition or entertainment;
290290 26 (4) an auditorium, convention center, lecture hall, or
291291
292292
293293
294294
295295
296296 SB2251 - 7 - LRB104 09815 JRC 19882 b
297297
298298
299299 SB2251- 8 -LRB104 09815 JRC 19882 b SB2251 - 8 - LRB104 09815 JRC 19882 b
300300 SB2251 - 8 - LRB104 09815 JRC 19882 b
301301 1 other place of public gathering;
302302 2 (5) a bakery, grocery store, clothing store, hardware
303303 3 store, shopping center, or other sales or rental
304304 4 establishment;
305305 5 (6) a laundromat, dry-cleaner, bank, barber shop,
306306 6 beauty shop, travel service, shoe repair service, funeral
307307 7 parlor, gas station, office of an accountant or lawyer,
308308 8 pharmacy, insurance office, professional office of a
309309 9 health care provider, hospital, or other service
310310 10 establishment;
311311 11 (7) public conveyances on air, water, or land;
312312 12 (8) a terminal, depot, or other station used for
313313 13 specified public transportation;
314314 14 (9) a museum, library, gallery, or other place of
315315 15 public display or collection;
316316 16 (10) a park, zoo, amusement park, or other place of
317317 17 recreation;
318318 18 (11) a non-sectarian nursery, day care center,
319319 19 elementary, secondary, undergraduate, or postgraduate
320320 20 school, or other place of education;
321321 21 (12) a senior citizen center, homeless shelter, food
322322 22 bank, non-sectarian adoption agency, or other social
323323 23 service center establishment; and
324324 24 (13) a gymnasium, health spa, bowling alley, golf
325325 25 course, or other place of exercise or recreation.
326326 26 (E) "Primary language" means a person's preferred language
327327
328328
329329
330330
331331
332332 SB2251 - 8 - LRB104 09815 JRC 19882 b
333333
334334
335335 SB2251- 9 -LRB104 09815 JRC 19882 b SB2251 - 9 - LRB104 09815 JRC 19882 b
336336 SB2251 - 9 - LRB104 09815 JRC 19882 b
337337 1 for communication.
338338 2 (F) (B) Operator. "Operator" means any owner, lessee,
339339 3 proprietor, manager, superintendent, agent, or occupant of a
340340 4 place of public accommodation or an employee of any such
341341 5 person or persons.
342342 6 (G) (C) Public Official. "Public official" means any
343343 7 officer or employee of the state or any agency thereof,
344344 8 including state political subdivisions, municipal
345345 9 corporations, park districts, forest preserve districts,
346346 10 educational institutions, and schools.
347347 11 (Source: P.A. 100-863, eff. 8-14-18.)
348348 12 (775 ILCS 5/5-102) (from Ch. 68, par. 5-102)
349349 13 Sec. 5-102. Civil Rights Violations: Public
350350 14 Accommodations. It is a civil rights violation for any person
351351 15 on the basis of unlawful discrimination, or discrimination on
352352 16 the basis of citizenship, primary language, or immigration
353353 17 status to:
354354 18 (A) Enjoyment of Facilities, Goods, and Services. Deny or
355355 19 refuse to another the full and equal enjoyment of the
356356 20 facilities, goods, and services of any public place of
357357 21 accommodation;
358358 22 (B) Written Communications. Directly or indirectly, as the
359359 23 operator of a place of public accommodation, publish,
360360 24 circulate, display or mail any written communication, except a
361361 25 private communication sent in response to a specific inquiry,
362362
363363
364364
365365
366366
367367 SB2251 - 9 - LRB104 09815 JRC 19882 b
368368
369369
370370 SB2251- 10 -LRB104 09815 JRC 19882 b SB2251 - 10 - LRB104 09815 JRC 19882 b
371371 SB2251 - 10 - LRB104 09815 JRC 19882 b
372372 1 which the operator knows is to the effect that any of the
373373 2 facilities of the place of public accommodation will be denied
374374 3 to any person or that any person is unwelcome, objectionable
375375 4 or unacceptable because of unlawful discrimination, or
376376 5 discrimination on the basis of citizenship, primary language,
377377 6 or immigration status;
378378 7 (C) Public Officials. Deny or refuse to another, as a
379379 8 public official, the full and equal enjoyment of the
380380 9 accommodations, advantage, facilities or privileges of the
381381 10 official's office or services or of any property under the
382382 11 official's care because of unlawful discrimination, or
383383 12 discrimination on the basis of citizenship, primary language,
384384 13 or immigration status.
385385 14 (Source: P.A. 95-668, eff. 10-10-07.)
386386 15 (775 ILCS 5/5-102.1)
387387 16 Sec. 5-102.1. No Civil Rights Violation: Public
388388 17 Accommodations.
389389 18 (a) It is not a civil rights violation for a medical,
390390 19 dental, or other health care professional or a private
391391 20 professional service provider such as a lawyer, accountant, or
392392 21 insurance agent to refer or refuse to treat or provide
393393 22 services to an individual in a protected class for any
394394 23 non-discriminatory reason if, in the normal course of his or
395395 24 her operations or business, the professional would for the
396396 25 same reason refer or refuse to treat or provide services to an
397397
398398
399399
400400
401401
402402 SB2251 - 10 - LRB104 09815 JRC 19882 b
403403
404404
405405 SB2251- 11 -LRB104 09815 JRC 19882 b SB2251 - 11 - LRB104 09815 JRC 19882 b
406406 SB2251 - 11 - LRB104 09815 JRC 19882 b
407407 1 individual who is not in the protected class of the individual
408408 2 who seeks or requires the same or similar treatment or
409409 3 services.
410410 4 (b) With respect to a place of public accommodation
411411 5 defined in paragraph (11) of Section 5-101, the exercise of
412412 6 free speech, free expression, free exercise of religion or
413413 7 expression of religiously based views by any individual or
414414 8 group of individuals that is protected under the First
415415 9 Amendment to the United States Constitution or under Section 3
416416 10 of Article I, or Section 4 of Article I, of the Illinois
417417 11 Constitution, shall not be a civil rights violation.
418418 12 (c) It is not a civil rights violation to verify
419419 13 immigration status or any discrimination based upon verified
420420 14 immigration status where required by federal law.
421421 15 (d) Nothing in this Article may be construed to require
422422 16 the provision of services or documents in a language other
423423 17 than English, beyond that which is otherwise required by other
424424 18 provisions of federal, State, or local law.
425425 19 (Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10.)
426426 20 (775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
427427 21 Sec. 8A-104. Relief; Penalties. Upon finding a civil
428428 22 rights violation, a hearing officer may recommend and the
429429 23 Commission or any three-member panel thereof may provide for
430430 24 any relief or penalty identified in this Section, separately
431431 25 or in combination, by entering an order directing the
432432
433433
434434
435435
436436
437437 SB2251 - 11 - LRB104 09815 JRC 19882 b
438438
439439
440440 SB2251- 12 -LRB104 09815 JRC 19882 b SB2251 - 12 - LRB104 09815 JRC 19882 b
441441 SB2251 - 12 - LRB104 09815 JRC 19882 b
442442 1 respondent to:
443443 2 (A) Cease and Desist Order. Cease and desist from any
444444 3 violation of this Act.
445445 4 (B) Actual Damages. Pay actual damages, as reasonably
446446 5 determined by the Commission, for injury or loss suffered by
447447 6 the complainant.
448448 7 (B-5) Statutory Damages. Pay 3 times the amount of actual
449449 8 damages sustained or $8,000, whichever is the greater, for
450450 9 violations of Article 4 or Article 5.
451451 10 (C) Hiring; Reinstatement; Promotion; Backpay; Fringe
452452 11 Benefits. Hire, reinstate or upgrade the complainant with or
453453 12 without back pay or provide such fringe benefits as the
454454 13 complainant may have been denied.
455455 14 (D) Restoration of Membership; Admission To Programs.
456456 15 Admit or restore the complainant to labor organization
457457 16 membership, to a guidance program, apprenticeship training
458458 17 program, on the job training program, or other occupational
459459 18 training or retraining program.
460460 19 (E) Public Accommodations. Admit the complainant to a
461461 20 public accommodation.
462462 21 (F) Services. Extend to the complainant the full and equal
463463 22 enjoyment of the goods, services, facilities, privileges,
464464 23 advantages, or accommodations of the respondent.
465465 24 (G) Attorneys Fees; Costs. Pay to the complainant all or a
466466 25 portion of the costs of maintaining the action, including
467467 26 reasonable attorney fees and expert witness fees incurred in
468468
469469
470470
471471
472472
473473 SB2251 - 12 - LRB104 09815 JRC 19882 b
474474
475475
476476 SB2251- 13 -LRB104 09815 JRC 19882 b SB2251 - 13 - LRB104 09815 JRC 19882 b
477477 SB2251 - 13 - LRB104 09815 JRC 19882 b
478478 1 maintaining this action before the Department, the Commission
479479 2 and in any judicial review and judicial enforcement
480480 3 proceedings. Provided, however, that no award of attorney fees
481481 4 or costs shall be made pursuant to this amendatory Act of 1987
482482 5 with respect to any charge for which the complaint before the
483483 6 Commission was filed prior to December 1, 1987. With respect
484484 7 to all charges for which complaints were filed with the
485485 8 Commission prior to December 1, 1987, attorney fees and costs
486486 9 shall be awarded pursuant to the terms of this subsection as it
487487 10 existed prior to revision by this amendatory Act of 1987.
488488 11 (H) Compliance Report. Report as to the manner of
489489 12 compliance.
490490 13 (I) Posting of Notices. Post notices in a conspicuous
491491 14 place which the Commission may publish or cause to be
492492 15 published setting forth requirements for compliance with this
493493 16 Act or other relevant information which the Commission
494494 17 determines necessary to explain this Act.
495495 18 (J) Make Complainant Whole. Take such action as may be
496496 19 necessary to make the individual complainant whole, including,
497497 20 but not limited to, awards of interest on the complainant's
498498 21 actual damages and backpay from the date of the civil rights
499499 22 violation. Provided, however, that no award of prejudgment
500500 23 interest shall be made pursuant to this amendatory Act of 1987
501501 24 with respect to any charge in which the complaint before the
502502 25 Commission was filed prior to December 1, 1987. With respect
503503 26 to all charges for which complaints were filed with the
504504
505505
506506
507507
508508
509509 SB2251 - 13 - LRB104 09815 JRC 19882 b
510510
511511
512512 SB2251- 14 -LRB104 09815 JRC 19882 b SB2251 - 14 - LRB104 09815 JRC 19882 b
513513 SB2251 - 14 - LRB104 09815 JRC 19882 b
514514
515515
516516
517517
518518
519519 SB2251 - 14 - LRB104 09815 JRC 19882 b