102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1040
 
Introduced 2/17/2021, by Rep. Emanuel Chris Welch
 
SYNOPSIS AS INTRODUCED:
 
  
740 ILCS 23/5

    Amends the Illinois Civil Rights Act of 2003.  Makes a technical change in a
Section concerning the prohibition of discrimination by units of State, county,
or local government.



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A BILL FOR
 


HB1040LRB102 03053 LNS 13066 b



1    AN ACT concerning civil law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Illinois Civil Rights Act of 2003 is 
5amended by changing Section 5 as follows:
 



6    (740 ILCS 23/5)


7    Sec. 5. Discrimination prohibited. 

8    (a) No unit of State, county, or local government in 
9Illinois shall:


10        (1) exclude a person from participation in, deny a 
11    person the
the benefits of,
or subject a person to 
12    discrimination under any program or activity on the

13    grounds
of that person's race, color, national origin, or 
14    gender; or

15        (2) utilize criteria or methods of administration that 
16    have the effect of
subjecting individuals to 
17    discrimination because of their race, color,
national

18    origin, or gender.

19    (b) Any party aggrieved by conduct that violates 
20subsection (a) may bring a
civil lawsuit, in a federal 
21district court or State circuit court, against the offending 
22unit of
government. Any State claim brought in federal 
23district court shall be a supplemental claim to a federal 
 
 
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1claim. This lawsuit must be brought not later than 2 years 
2after the
violation of subsection (a). If the court finds that 
3a violation of paragraph
(1) or (2) of subsection (a) has 
4occurred,  the court may award to the plaintiff
actual damages. 
5The court, as it deems appropriate, may grant as
relief any 
6permanent or preliminary negative or mandatory injunction, 
7temporary restraining order, or
other order.

8    (c) Upon motion, a court shall award reasonable attorneys' 
9fees and costs,
including expert witness fees and other 
10litigation expenses, to a plaintiff who
is a prevailing party 
11in any action brought:


12        (1) pursuant to subsection (b); or


13        (2) to enforce a right arising under the Illinois 
14    Constitution.

15    In awarding reasonable attorneys' fees, the court shall 
16consider the degree
to which the relief obtained relates to 
17the relief sought.

18    (d) For the purpose of this Act, the term "prevailing 
19party" includes any
party:


20        (1) who obtains some of his or her requested relief 
21    through a judicial
judgment in his or her favor;


22        (2) who obtains some of his or her requested relief 
23    through any settlement
agreement approved by the court; or


24        (3) whose pursuit of a non-frivolous claim was a 
25    catalyst for a unilateral
change in position by the 
26    opposing party relative to the relief sought.

 
 
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1(Source: P.A. 95-541, eff. 1-1-08.)