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1 | AN ACT concerning civil law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 3. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows: | ||||||
6 | (5 ILCS 140/7.5) | ||||||
7 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
8 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
9 | by the statutes referenced below, the following shall be | ||||||
10 | exempt from inspection and copying: | ||||||
11 | (a) All information determined to be confidential | ||||||
12 | under Section 4002 of the Technology Advancement and | ||||||
13 | Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library | ||||||
16 | Records Confidentiality Act. | ||||||
17 | (c) Applications, related documents, and medical | ||||||
18 | records received by the Experimental Organ Transplantation | ||||||
19 | Procedures Board and any and all documents or other | ||||||
20 | records prepared by the Experimental Organ Transplantation | ||||||
21 | Procedures Board or its staff relating to applications it | ||||||
22 | has received. | ||||||
23 | (d) Information and records held by the Department of |
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| |||||||
1 | Public Health and its authorized representatives relating | ||||||
2 | to known or suspected cases of sexually transmissible | ||||||
3 | disease or any information the disclosure of which is | ||||||
4 | restricted under the Illinois Sexually Transmissible | ||||||
5 | Disease Control Act. | ||||||
6 | (e) Information the disclosure of which is exempted | ||||||
7 | under Section 30 of the Radon Industry Licensing Act. | ||||||
8 | (f) Firm performance evaluations under Section 55 of | ||||||
9 | the Architectural, Engineering, and Land Surveying | ||||||
10 | Qualifications Based Selection Act. | ||||||
11 | (g) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 50 of the Illinois Prepaid | ||||||
13 | Tuition Act. | ||||||
14 | (h) Information the disclosure of which is exempted | ||||||
15 | under the State Officials and Employees Ethics Act, and | ||||||
16 | records of any lawfully created State or local inspector | ||||||
17 | general's office that would be exempt if created or | ||||||
18 | obtained by an Executive Inspector General's office under | ||||||
19 | that Act. | ||||||
20 | (i) Information contained in a local emergency energy | ||||||
21 | plan submitted to a municipality in accordance with a | ||||||
22 | local emergency energy plan ordinance that is adopted | ||||||
23 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
24 | (j) Information and data concerning the distribution | ||||||
25 | of surcharge moneys collected and remitted by carriers | ||||||
26 | under the Emergency Telephone System Act. |
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| |||||||
1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the | ||||||
16 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
17 | (n) shall apply until the conclusion of the trial of the | ||||||
18 | case, even if the prosecution chooses not to pursue the | ||||||
19 | death penalty prior to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Department of Transportation under Sections 2705-300 and |
| |||||||
| |||||||
1 | 2705-616 of the Department of Transportation Law of the | ||||||
2 | Civil Administrative Code of Illinois, the Regional | ||||||
3 | Transportation Authority under Section 2.11 of the | ||||||
4 | Regional Transportation Authority Act, or the St. Clair | ||||||
5 | County Transit District under the Bi-State Transit Safety | ||||||
6 | Act (repealed) . | ||||||
7 | (q) Information prohibited from being disclosed by the | ||||||
8 | Personnel Record Review Act. | ||||||
9 | (r) Information prohibited from being disclosed by the | ||||||
10 | Illinois School Student Records Act. | ||||||
11 | (s) Information the disclosure of which is restricted | ||||||
12 | under Section 5-108 of the Public Utilities Act. | ||||||
13 | (t) (Blank). | ||||||
14 | (u) Records and information provided to an independent | ||||||
15 | team of experts under the Developmental Disability and | ||||||
16 | Mental Health Safety Act (also known as Brian's Law). | ||||||
17 | (v) Names and information of people who have applied | ||||||
18 | for or received Firearm Owner's Identification Cards under | ||||||
19 | the Firearm Owners Identification Card Act or applied for | ||||||
20 | or received a concealed carry license under the Firearm | ||||||
21 | Concealed Carry Act, unless otherwise authorized by the | ||||||
22 | Firearm Concealed Carry Act; and databases under the | ||||||
23 | Firearm Concealed Carry Act, records of the Concealed | ||||||
24 | Carry Licensing Review Board under the Firearm Concealed | ||||||
25 | Carry Act, and law enforcement agency objections under the | ||||||
26 | Firearm Concealed Carry Act. |
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| |||||||
1 | (v-5) Records of the Firearm Owner's Identification | ||||||
2 | Card Review Board that are exempted from disclosure under | ||||||
3 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
4 | (w) Personally identifiable information which is | ||||||
5 | exempted from disclosure under subsection (g) of Section | ||||||
6 | 19.1 of the Toll Highway Act. | ||||||
7 | (x) Information which is exempted from disclosure | ||||||
8 | under Section 5-1014.3 of the Counties Code or Section | ||||||
9 | 8-11-21 of the Illinois Municipal Code. | ||||||
10 | (y) Confidential information under the Adult | ||||||
11 | Protective Services Act and its predecessor enabling | ||||||
12 | statute, the Elder Abuse and Neglect Act, including | ||||||
13 | information about the identity and administrative finding | ||||||
14 | against any caregiver of a verified and substantiated | ||||||
15 | decision of abuse, neglect, or financial exploitation of | ||||||
16 | an eligible adult maintained in the Registry established | ||||||
17 | under Section 7.5 of the Adult Protective Services Act. | ||||||
18 | (z) Records and information provided to a fatality | ||||||
19 | review team or the Illinois Fatality Review Team Advisory | ||||||
20 | Council under Section 15 of the Adult Protective Services | ||||||
21 | Act. | ||||||
22 | (aa) Information which is exempted from disclosure | ||||||
23 | under Section 2.37 of the Wildlife Code. | ||||||
24 | (bb) Information which is or was prohibited from | ||||||
25 | disclosure by the Juvenile Court Act of 1987. | ||||||
26 | (cc) Recordings made under the Law Enforcement |
| |||||||
| |||||||
1 | Officer-Worn Body Camera Act, except to the extent | ||||||
2 | authorized under that Act. | ||||||
3 | (dd) Information that is prohibited from being | ||||||
4 | disclosed under Section 45 of the Condominium and Common | ||||||
5 | Interest Community Ombudsperson Act. | ||||||
6 | (ee) Information that is exempted from disclosure | ||||||
7 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
8 | (ff) Information that is exempted from disclosure | ||||||
9 | under the Revised Uniform Unclaimed Property Act. | ||||||
10 | (gg) Information that is prohibited from being | ||||||
11 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
12 | Code. | ||||||
13 | (hh) Records that are exempt from disclosure under | ||||||
14 | Section 1A-16.7 of the Election Code. | ||||||
15 | (ii) Information which is exempted from disclosure | ||||||
16 | under Section 2505-800 of the Department of Revenue Law of | ||||||
17 | the Civil Administrative Code of Illinois. | ||||||
18 | (jj) Information and reports that are required to be | ||||||
19 | submitted to the Department of Labor by registering day | ||||||
20 | and temporary labor service agencies but are exempt from | ||||||
21 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
22 | and Temporary Labor Services Act. | ||||||
23 | (kk) Information prohibited from disclosure under the | ||||||
24 | Seizure and Forfeiture Reporting Act. | ||||||
25 | (ll) Information the disclosure of which is restricted | ||||||
26 | and exempted under Section 5-30.8 of the Illinois Public |
| |||||||
| |||||||
1 | Aid Code. | ||||||
2 | (mm) Records that are exempt from disclosure under | ||||||
3 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
4 | (nn) Information that is exempt from disclosure under | ||||||
5 | Section 70 of the Higher Education Student Assistance Act. | ||||||
6 | (oo) Communications, notes, records, and reports | ||||||
7 | arising out of a peer support counseling session | ||||||
8 | prohibited from disclosure under the First Responders | ||||||
9 | Suicide Prevention Act. | ||||||
10 | (pp) Names and all identifying information relating to | ||||||
11 | an employee of an emergency services provider or law | ||||||
12 | enforcement agency under the First Responders Suicide | ||||||
13 | Prevention Act. | ||||||
14 | (qq) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives collected | ||||||
16 | under the Reproductive Health Act. | ||||||
17 | (rr) Information that is exempt from disclosure under | ||||||
18 | the Cannabis Regulation and Tax Act. | ||||||
19 | (ss) Data reported by an employer to the Department of | ||||||
20 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
21 | Human Rights Act. | ||||||
22 | (tt) Recordings made under the Children's Advocacy | ||||||
23 | Center Act, except to the extent authorized under that | ||||||
24 | Act. | ||||||
25 | (uu) Information that is exempt from disclosure under | ||||||
26 | Section 50 of the Sexual Assault Evidence Submission Act. |
| |||||||
| |||||||
1 | (vv) Information that is exempt from disclosure under | ||||||
2 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
3 | Public Aid Code. | ||||||
4 | (ww) Information that is exempt from disclosure under | ||||||
5 | Section 16.8 of the State Treasurer Act. | ||||||
6 | (xx) Information that is exempt from disclosure or | ||||||
7 | information that shall not be made public under the | ||||||
8 | Illinois Insurance Code. | ||||||
9 | (yy) Information prohibited from being disclosed under | ||||||
10 | the Illinois Educational Labor Relations Act. | ||||||
11 | (zz) Information prohibited from being disclosed under | ||||||
12 | the Illinois Public Labor Relations Act. | ||||||
13 | (aaa) Information prohibited from being disclosed | ||||||
14 | under Section 1-167 of the Illinois Pension Code. | ||||||
15 | (bbb) Information that is prohibited from disclosure | ||||||
16 | by the Illinois Police Training Act and the Illinois State | ||||||
17 | Police Act. | ||||||
18 | (ccc) Records exempt from disclosure under Section | ||||||
19 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
20 | Administrative Code of Illinois. | ||||||
21 | (ddd) Information prohibited from being disclosed | ||||||
22 | under Section 35 of the Address Confidentiality for | ||||||
23 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
24 | Trafficking, or Stalking Act. | ||||||
25 | (eee) Information prohibited from being disclosed | ||||||
26 | under subsection (b) of Section 75 of the Domestic |
| |||||||
| |||||||
1 | Violence Fatality Review Act. | ||||||
2 | (fff) Images from cameras under the Expressway Camera | ||||||
3 | Act. This subsection (fff) is inoperative on and after | ||||||
4 | July 1, 2025. | ||||||
5 | (ggg) Information prohibited from disclosure under | ||||||
6 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
7 | Agency Licensing Act. | ||||||
8 | (hhh) Information submitted to the Illinois State | ||||||
9 | Police in an affidavit or application for an assault | ||||||
10 | weapon endorsement, assault weapon attachment endorsement, | ||||||
11 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
12 | endorsement under the Firearm Owners Identification Card | ||||||
13 | Act. | ||||||
14 | (iii) Data exempt from disclosure under Section 50 of | ||||||
15 | the School Safety Drill Act. | ||||||
16 | (jjj) (hhh) Information exempt from disclosure under | ||||||
17 | Section 30 of the Insurance Data Security Law. | ||||||
18 | (kkk) (iii) Confidential business information | ||||||
19 | prohibited from disclosure under Section 45 of the Paint | ||||||
20 | Stewardship Act. | ||||||
21 | (lll) (Reserved). | ||||||
22 | (mmm) (iii) Information prohibited from being | ||||||
23 | disclosed under subsection (e) of Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (nnn) Information that is exempt from disclosure under | ||||||
26 | Section 7-101 of the Illinois Human Rights Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
2 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
3 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
4 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
5 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
6 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
7 | revised 1-2-24.) | ||||||
8 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
9 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be | ||||||
11 | exempt from inspection and copying: | ||||||
12 | (a) All information determined to be confidential | ||||||
13 | under Section 4002 of the Technology Advancement and | ||||||
14 | Development Act. | ||||||
15 | (b) Library circulation and order records identifying | ||||||
16 | library users with specific materials under the Library | ||||||
17 | Records Confidentiality Act. | ||||||
18 | (c) Applications, related documents, and medical | ||||||
19 | records received by the Experimental Organ Transplantation | ||||||
20 | Procedures Board and any and all documents or other | ||||||
21 | records prepared by the Experimental Organ Transplantation | ||||||
22 | Procedures Board or its staff relating to applications it | ||||||
23 | has received. | ||||||
24 | (d) Information and records held by the Department of | ||||||
25 | Public Health and its authorized representatives relating |
| |||||||
| |||||||
1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
| |||||||
| |||||||
1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
16 | (n) shall apply until the conclusion of the trial of the | ||||||
17 | case, even if the prosecution chooses not to pursue the | ||||||
18 | death penalty prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
| |||||||
| |||||||
1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act (repealed) . | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act. | ||||||
12 | (t) (Blank). | ||||||
13 | (u) Records and information provided to an independent | ||||||
14 | team of experts under the Developmental Disability and | ||||||
15 | Mental Health Safety Act (also known as Brian's Law). | ||||||
16 | (v) Names and information of people who have applied | ||||||
17 | for or received Firearm Owner's Identification Cards under | ||||||
18 | the Firearm Owners Identification Card Act or applied for | ||||||
19 | or received a concealed carry license under the Firearm | ||||||
20 | Concealed Carry Act, unless otherwise authorized by the | ||||||
21 | Firearm Concealed Carry Act; and databases under the | ||||||
22 | Firearm Concealed Carry Act, records of the Concealed | ||||||
23 | Carry Licensing Review Board under the Firearm Concealed | ||||||
24 | Carry Act, and law enforcement agency objections under the | ||||||
25 | Firearm Concealed Carry Act. | ||||||
26 | (v-5) Records of the Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card Review Board that are exempted from disclosure under | ||||||
2 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
3 | (w) Personally identifiable information which is | ||||||
4 | exempted from disclosure under subsection (g) of Section | ||||||
5 | 19.1 of the Toll Highway Act. | ||||||
6 | (x) Information which is exempted from disclosure | ||||||
7 | under Section 5-1014.3 of the Counties Code or Section | ||||||
8 | 8-11-21 of the Illinois Municipal Code. | ||||||
9 | (y) Confidential information under the Adult | ||||||
10 | Protective Services Act and its predecessor enabling | ||||||
11 | statute, the Elder Abuse and Neglect Act, including | ||||||
12 | information about the identity and administrative finding | ||||||
13 | against any caregiver of a verified and substantiated | ||||||
14 | decision of abuse, neglect, or financial exploitation of | ||||||
15 | an eligible adult maintained in the Registry established | ||||||
16 | under Section 7.5 of the Adult Protective Services Act. | ||||||
17 | (z) Records and information provided to a fatality | ||||||
18 | review team or the Illinois Fatality Review Team Advisory | ||||||
19 | Council under Section 15 of the Adult Protective Services | ||||||
20 | Act. | ||||||
21 | (aa) Information which is exempted from disclosure | ||||||
22 | under Section 2.37 of the Wildlife Code. | ||||||
23 | (bb) Information which is or was prohibited from | ||||||
24 | disclosure by the Juvenile Court Act of 1987. | ||||||
25 | (cc) Recordings made under the Law Enforcement | ||||||
26 | Officer-Worn Body Camera Act, except to the extent |
| |||||||
| |||||||
1 | authorized under that Act. | ||||||
2 | (dd) Information that is prohibited from being | ||||||
3 | disclosed under Section 45 of the Condominium and Common | ||||||
4 | Interest Community Ombudsperson Act. | ||||||
5 | (ee) Information that is exempted from disclosure | ||||||
6 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
7 | (ff) Information that is exempted from disclosure | ||||||
8 | under the Revised Uniform Unclaimed Property Act. | ||||||
9 | (gg) Information that is prohibited from being | ||||||
10 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
11 | Code. | ||||||
12 | (hh) Records that are exempt from disclosure under | ||||||
13 | Section 1A-16.7 of the Election Code. | ||||||
14 | (ii) Information which is exempted from disclosure | ||||||
15 | under Section 2505-800 of the Department of Revenue Law of | ||||||
16 | the Civil Administrative Code of Illinois. | ||||||
17 | (jj) Information and reports that are required to be | ||||||
18 | submitted to the Department of Labor by registering day | ||||||
19 | and temporary labor service agencies but are exempt from | ||||||
20 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
21 | and Temporary Labor Services Act. | ||||||
22 | (kk) Information prohibited from disclosure under the | ||||||
23 | Seizure and Forfeiture Reporting Act. | ||||||
24 | (ll) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
26 | Aid Code. |
| |||||||
| |||||||
1 | (mm) Records that are exempt from disclosure under | ||||||
2 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
3 | (nn) Information that is exempt from disclosure under | ||||||
4 | Section 70 of the Higher Education Student Assistance Act. | ||||||
5 | (oo) Communications, notes, records, and reports | ||||||
6 | arising out of a peer support counseling session | ||||||
7 | prohibited from disclosure under the First Responders | ||||||
8 | Suicide Prevention Act. | ||||||
9 | (pp) Names and all identifying information relating to | ||||||
10 | an employee of an emergency services provider or law | ||||||
11 | enforcement agency under the First Responders Suicide | ||||||
12 | Prevention Act. | ||||||
13 | (qq) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives collected | ||||||
15 | under the Reproductive Health Act. | ||||||
16 | (rr) Information that is exempt from disclosure under | ||||||
17 | the Cannabis Regulation and Tax Act. | ||||||
18 | (ss) Data reported by an employer to the Department of | ||||||
19 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
20 | Human Rights Act. | ||||||
21 | (tt) Recordings made under the Children's Advocacy | ||||||
22 | Center Act, except to the extent authorized under that | ||||||
23 | Act. | ||||||
24 | (uu) Information that is exempt from disclosure under | ||||||
25 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
26 | (vv) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
2 | Public Aid Code. | ||||||
3 | (ww) Information that is exempt from disclosure under | ||||||
4 | Section 16.8 of the State Treasurer Act. | ||||||
5 | (xx) Information that is exempt from disclosure or | ||||||
6 | information that shall not be made public under the | ||||||
7 | Illinois Insurance Code. | ||||||
8 | (yy) Information prohibited from being disclosed under | ||||||
9 | the Illinois Educational Labor Relations Act. | ||||||
10 | (zz) Information prohibited from being disclosed under | ||||||
11 | the Illinois Public Labor Relations Act. | ||||||
12 | (aaa) Information prohibited from being disclosed | ||||||
13 | under Section 1-167 of the Illinois Pension Code. | ||||||
14 | (bbb) Information that is prohibited from disclosure | ||||||
15 | by the Illinois Police Training Act and the Illinois State | ||||||
16 | Police Act. | ||||||
17 | (ccc) Records exempt from disclosure under Section | ||||||
18 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
19 | Administrative Code of Illinois. | ||||||
20 | (ddd) Information prohibited from being disclosed | ||||||
21 | under Section 35 of the Address Confidentiality for | ||||||
22 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
23 | Trafficking, or Stalking Act. | ||||||
24 | (eee) Information prohibited from being disclosed | ||||||
25 | under subsection (b) of Section 75 of the Domestic | ||||||
26 | Violence Fatality Review Act. |
| |||||||
| |||||||
1 | (fff) Images from cameras under the Expressway Camera | ||||||
2 | Act. This subsection (fff) is inoperative on and after | ||||||
3 | July 1, 2025. | ||||||
4 | (ggg) Information prohibited from disclosure under | ||||||
5 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
6 | Agency Licensing Act. | ||||||
7 | (hhh) Information submitted to the Illinois State | ||||||
8 | Police in an affidavit or application for an assault | ||||||
9 | weapon endorsement, assault weapon attachment endorsement, | ||||||
10 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
11 | endorsement under the Firearm Owners Identification Card | ||||||
12 | Act. | ||||||
13 | (iii) Data exempt from disclosure under Section 50 of | ||||||
14 | the School Safety Drill Act. | ||||||
15 | (jjj) (hhh) Information exempt from disclosure under | ||||||
16 | Section 30 of the Insurance Data Security Law. | ||||||
17 | (kkk) (iii) Confidential business information | ||||||
18 | prohibited from disclosure under Section 45 of the Paint | ||||||
19 | Stewardship Act. | ||||||
20 | (lll) (iii) Data exempt from disclosure under Section | ||||||
21 | 2-3.196 of the School Code. | ||||||
22 | (mmm) (iii) Information prohibited from being | ||||||
23 | disclosed under subsection (e) of Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (nnn) Information that is exempt from disclosure under | ||||||
26 | Section 7-101 of the Illinois Human Rights Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
2 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
3 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
4 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
5 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
6 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
7 | 103-580, eff. 12-8-23; revised 1-2-24.) | ||||||
8 | Section 5. The Illinois Human Rights Act is amended by | ||||||
9 | changing Sections 2-102, 3-101, 3-102, 7-101, 8-101, 8-111, | ||||||
10 | 8B-104, 10-103, and 10-104 as follows: | ||||||
11 | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | ||||||
12 | Sec. 2-102. Civil rights violations - employment. It is a | ||||||
13 | civil rights violation: | ||||||
14 | (A) Employers. For any employer to refuse to hire, to | ||||||
15 | segregate, to engage in harassment as defined in | ||||||
16 | subsection (E-1) of Section 2-101, or to act with respect | ||||||
17 | to recruitment, hiring, promotion, renewal of employment, | ||||||
18 | selection for training or apprenticeship, discharge, | ||||||
19 | discipline, tenure or terms, privileges or conditions of | ||||||
20 | employment on the basis of unlawful discrimination, | ||||||
21 | citizenship status, or work authorization status. An | ||||||
22 | employer shall be is responsible for harassment of the | ||||||
23 | employer's employees by the employer's nonmanagerial and | ||||||
24 | nonsupervisory employees , nonemployees as defined in |
| |||||||
| |||||||
1 | subsection (A-10) of this Section, and third parties, | ||||||
2 | including, but not limited to, customers, clients, | ||||||
3 | vendors, or other visitors only if the employer becomes | ||||||
4 | aware of the conduct and fails to take reasonable | ||||||
5 | corrective measures. | ||||||
6 | (A-5) Language. For an employer to impose a | ||||||
7 | restriction that has the effect of prohibiting a language | ||||||
8 | from being spoken by an employee in communications that | ||||||
9 | are unrelated to the employee's duties. | ||||||
10 | For the purposes of this subdivision (A-5), "language" | ||||||
11 | means a person's native tongue, such as Polish, Spanish, | ||||||
12 | or Chinese. "Language" does not include such things as | ||||||
13 | slang, jargon, profanity, or vulgarity. | ||||||
14 | (A-10) Harassment of nonemployees. For any employer, | ||||||
15 | employment agency, or labor organization to engage in | ||||||
16 | harassment of nonemployees in the workplace. An employer | ||||||
17 | shall be is responsible for harassment of nonemployees by | ||||||
18 | the employer's nonmanagerial and nonsupervisory employees | ||||||
19 | only if the employer becomes aware of the conduct and | ||||||
20 | fails to take reasonable corrective measures. For the | ||||||
21 | purposes of this subdivision (A-10), "nonemployee" means a | ||||||
22 | person who is not otherwise an employee of the employer | ||||||
23 | and is directly performing services for the employer | ||||||
24 | pursuant to a contract with that employer. "Nonemployee" | ||||||
25 | includes contractors and consultants. This subdivision | ||||||
26 | applies to harassment occurring on or after the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 101st General Assembly. | ||||||
2 | (B) Employment agency. For any employment agency to | ||||||
3 | fail or refuse to classify properly, accept applications | ||||||
4 | and register for employment referral or apprenticeship | ||||||
5 | referral, refer for employment, or refer for | ||||||
6 | apprenticeship on the basis of unlawful discrimination, | ||||||
7 | citizenship status, or work authorization status or to | ||||||
8 | accept from any person any job order, requisition or | ||||||
9 | request for referral of applicants for employment or | ||||||
10 | apprenticeship which makes or has the effect of making | ||||||
11 | unlawful discrimination or discrimination on the basis of | ||||||
12 | citizenship status or work authorization status a | ||||||
13 | condition of referral. | ||||||
14 | (C) Labor organization. For any labor organization to | ||||||
15 | limit, segregate or classify its membership, or to limit | ||||||
16 | employment opportunities, selection and training for | ||||||
17 | apprenticeship in any trade or craft, or otherwise to | ||||||
18 | take, or fail to take, any action which affects adversely | ||||||
19 | any person's status as an employee or as an applicant for | ||||||
20 | employment or as an apprentice, or as an applicant for | ||||||
21 | apprenticeships, or wages, tenure, hours of employment or | ||||||
22 | apprenticeship conditions on the basis of unlawful | ||||||
23 | discrimination, citizenship status, or work authorization | ||||||
24 | status. | ||||||
25 | (D) Sexual harassment. For any employer, employee, | ||||||
26 | agent of any employer, employment agency or labor |
| |||||||
| |||||||
1 | organization to engage in sexual harassment . An ; provided, | ||||||
2 | that an employer shall be responsible for sexual | ||||||
3 | harassment of the employer's employees by nonemployees or | ||||||
4 | nonmanagerial and nonsupervisory employees , nonemployees | ||||||
5 | as defined in subsection (D-5) of this Section, and third | ||||||
6 | parties, including, but not limited to, customers, | ||||||
7 | clients, vendors, or other visitors only if the employer | ||||||
8 | becomes aware of the conduct and fails to take reasonable | ||||||
9 | corrective measures. | ||||||
10 | (D-5) Sexual harassment of nonemployees. For any | ||||||
11 | employer, employee, agent of any employer, employment | ||||||
12 | agency, or labor organization to engage in sexual | ||||||
13 | harassment of nonemployees in the workplace. An employer | ||||||
14 | shall be is responsible for sexual harassment of | ||||||
15 | nonemployees by the employer's nonmanagerial and | ||||||
16 | nonsupervisory employees only if the employer becomes | ||||||
17 | aware of the conduct and fails to take reasonable | ||||||
18 | corrective measures. For the purposes of this subdivision | ||||||
19 | (D-5), "nonemployee" means a person who is not otherwise | ||||||
20 | an employee of the employer and is directly performing | ||||||
21 | services for the employer pursuant to a contract with that | ||||||
22 | employer. "Nonemployee" includes contractors and | ||||||
23 | consultants. This subdivision applies to sexual harassment | ||||||
24 | occurring on or after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly. | ||||||
26 | (E) Public employers. For any public employer to |
| |||||||
| |||||||
1 | refuse to permit a public employee under its jurisdiction | ||||||
2 | who takes time off from work in order to practice his or | ||||||
3 | her religious beliefs to engage in work, during hours | ||||||
4 | other than such employee's regular working hours, | ||||||
5 | consistent with the operational needs of the employer and | ||||||
6 | in order to compensate for work time lost for such | ||||||
7 | religious reasons. Any employee who elects such deferred | ||||||
8 | work shall be compensated at the wage rate which he or she | ||||||
9 | would have earned during the originally scheduled work | ||||||
10 | period. The employer may require that an employee who | ||||||
11 | plans to take time off from work in order to practice his | ||||||
12 | or her religious beliefs provide the employer with a | ||||||
13 | notice of his or her intention to be absent from work not | ||||||
14 | exceeding 5 days prior to the date of absence. | ||||||
15 | (E-5) Religious discrimination. For any employer to | ||||||
16 | impose upon a person as a condition of obtaining or | ||||||
17 | retaining employment, including opportunities for | ||||||
18 | promotion, advancement, or transfer, any terms or | ||||||
19 | conditions that would require such person to violate or | ||||||
20 | forgo a sincerely held practice of his or her religion | ||||||
21 | including, but not limited to, the wearing of any attire, | ||||||
22 | clothing, or facial hair in accordance with the | ||||||
23 | requirements of his or her religion, unless, after | ||||||
24 | engaging in a bona fide effort, the employer demonstrates | ||||||
25 | that it is unable to reasonably accommodate the employee's | ||||||
26 | or prospective employee's sincerely held religious belief, |
| |||||||
| |||||||
1 | practice, or observance without undue hardship on the | ||||||
2 | conduct of the employer's business. | ||||||
3 | Nothing in this Section prohibits an employer from | ||||||
4 | enacting a dress code or grooming policy that may include | ||||||
5 | restrictions on attire, clothing, or facial hair to | ||||||
6 | maintain workplace safety or food sanitation. | ||||||
7 | (F) Training and apprenticeship programs. For any | ||||||
8 | employer, employment agency or labor organization to | ||||||
9 | discriminate against a person on the basis of age in the | ||||||
10 | selection, referral for or conduct of apprenticeship or | ||||||
11 | training programs. | ||||||
12 | (G) Immigration-related practices. | ||||||
13 | (1) for an employer to request for purposes of | ||||||
14 | satisfying the requirements of Section 1324a(b) of | ||||||
15 | Title 8 of the United States Code, as now or hereafter | ||||||
16 | amended, more or different documents than are required | ||||||
17 | under such Section or to refuse to honor documents | ||||||
18 | tendered that on their face reasonably appear to be | ||||||
19 | genuine or to refuse to honor work authorization based | ||||||
20 | upon the specific status or term of status that | ||||||
21 | accompanies the authorization to work; or | ||||||
22 | (2) for an employer participating in the E-Verify | ||||||
23 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
24 | Programs for Employment Eligibility Confirmation | ||||||
25 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
26 | refuse to hire, to segregate, or to act with respect to |
| |||||||
| |||||||
1 | recruitment, hiring, promotion, renewal of employment, | ||||||
2 | selection for training or apprenticeship, discharge, | ||||||
3 | discipline, tenure or terms, privileges or conditions | ||||||
4 | of employment without following the procedures under | ||||||
5 | the E-Verify Program. | ||||||
6 | (H) (Blank). | ||||||
7 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
8 | segregate, or to act with respect to recruitment, hiring, | ||||||
9 | promotion, renewal of employment, selection for training | ||||||
10 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
11 | privileges or conditions of employment on the basis of | ||||||
12 | pregnancy, childbirth, or medical or common conditions | ||||||
13 | related to pregnancy or childbirth. Women affected by | ||||||
14 | pregnancy, childbirth, or medical or common conditions | ||||||
15 | related to pregnancy or childbirth shall be treated the | ||||||
16 | same for all employment-related purposes, including | ||||||
17 | receipt of benefits under fringe benefit programs, as | ||||||
18 | other persons not so affected but similar in their ability | ||||||
19 | or inability to work, regardless of the source of the | ||||||
20 | inability to work or employment classification or status. | ||||||
21 | (J) Pregnancy; reasonable accommodations. | ||||||
22 | (1) If after a job applicant or employee, | ||||||
23 | including a part-time, full-time, or probationary | ||||||
24 | employee, requests a reasonable accommodation, for an | ||||||
25 | employer to not make reasonable accommodations for any | ||||||
26 | medical or common condition of a job applicant or |
| |||||||
| |||||||
1 | employee related to pregnancy or childbirth, unless | ||||||
2 | the employer can demonstrate that the accommodation | ||||||
3 | would impose an undue hardship on the ordinary | ||||||
4 | operation of the business of the employer. The | ||||||
5 | employer may request documentation from the employee's | ||||||
6 | health care provider concerning the need for the | ||||||
7 | requested reasonable accommodation or accommodations | ||||||
8 | to the same extent documentation is requested for | ||||||
9 | conditions related to disability if the employer's | ||||||
10 | request for documentation is job-related and | ||||||
11 | consistent with business necessity. The employer may | ||||||
12 | require only the medical justification for the | ||||||
13 | requested accommodation or accommodations, a | ||||||
14 | description of the reasonable accommodation or | ||||||
15 | accommodations medically advisable, the date the | ||||||
16 | reasonable accommodation or accommodations became | ||||||
17 | medically advisable, and the probable duration of the | ||||||
18 | reasonable accommodation or accommodations. It is the | ||||||
19 | duty of the individual seeking a reasonable | ||||||
20 | accommodation or accommodations to submit to the | ||||||
21 | employer any documentation that is requested in | ||||||
22 | accordance with this paragraph. Notwithstanding the | ||||||
23 | provisions of this paragraph, the employer may require | ||||||
24 | documentation by the employee's health care provider | ||||||
25 | to determine compliance with other laws. The employee | ||||||
26 | and employer shall engage in a timely, good faith, and |
| |||||||
| |||||||
1 | meaningful exchange to determine effective reasonable | ||||||
2 | accommodations. | ||||||
3 | (2) For an employer to deny employment | ||||||
4 | opportunities or benefits to or take adverse action | ||||||
5 | against an otherwise qualified job applicant or | ||||||
6 | employee, including a part-time, full-time, or | ||||||
7 | probationary employee, if the denial or adverse action | ||||||
8 | is based on the need of the employer to make reasonable | ||||||
9 | accommodations to the known medical or common | ||||||
10 | conditions related to the pregnancy or childbirth of | ||||||
11 | the applicant or employee. | ||||||
12 | (3) For an employer to require a job applicant or | ||||||
13 | employee, including a part-time, full-time, or | ||||||
14 | probationary employee, affected by pregnancy, | ||||||
15 | childbirth, or medical or common conditions related to | ||||||
16 | pregnancy or childbirth to accept an accommodation | ||||||
17 | when the applicant or employee did not request an | ||||||
18 | accommodation and the applicant or employee chooses | ||||||
19 | not to accept the employer's accommodation. | ||||||
20 | (4) For an employer to require an employee, | ||||||
21 | including a part-time, full-time, or probationary | ||||||
22 | employee, to take leave under any leave law or policy | ||||||
23 | of the employer if another reasonable accommodation | ||||||
24 | can be provided to the known medical or common | ||||||
25 | conditions related to the pregnancy or childbirth of | ||||||
26 | an employee. No employer shall fail or refuse to |
| |||||||
| |||||||
1 | reinstate the employee affected by pregnancy, | ||||||
2 | childbirth, or medical or common conditions related to | ||||||
3 | pregnancy or childbirth to her original job or to an | ||||||
4 | equivalent position with equivalent pay and | ||||||
5 | accumulated seniority, retirement, fringe benefits, | ||||||
6 | and other applicable service credits upon her | ||||||
7 | signifying her intent to return or when her need for | ||||||
8 | reasonable accommodation ceases, unless the employer | ||||||
9 | can demonstrate that the accommodation would impose an | ||||||
10 | undue hardship on the ordinary operation of the | ||||||
11 | business of the employer. | ||||||
12 | For the purposes of this subdivision (J), "reasonable | ||||||
13 | accommodations" means reasonable modifications or | ||||||
14 | adjustments to the job application process or work | ||||||
15 | environment, or to the manner or circumstances under which | ||||||
16 | the position desired or held is customarily performed, | ||||||
17 | that enable an applicant or employee affected by | ||||||
18 | pregnancy, childbirth, or medical or common conditions | ||||||
19 | related to pregnancy or childbirth to be considered for | ||||||
20 | the position the applicant desires or to perform the | ||||||
21 | essential functions of that position, and may include, but | ||||||
22 | is not limited to: more frequent or longer bathroom | ||||||
23 | breaks, breaks for increased water intake, and breaks for | ||||||
24 | periodic rest; private non-bathroom space for expressing | ||||||
25 | breast milk and breastfeeding; seating; assistance with | ||||||
26 | manual labor; light duty; temporary transfer to a less |
| |||||||
| |||||||
1 | strenuous or hazardous position; the provision of an | ||||||
2 | accessible worksite; acquisition or modification of | ||||||
3 | equipment; job restructuring; a part-time or modified work | ||||||
4 | schedule; appropriate adjustment or modifications of | ||||||
5 | examinations, training materials, or policies; | ||||||
6 | reassignment to a vacant position; time off to recover | ||||||
7 | from conditions related to childbirth; and leave | ||||||
8 | necessitated by pregnancy, childbirth, or medical or | ||||||
9 | common conditions resulting from pregnancy or childbirth. | ||||||
10 | For the purposes of this subdivision (J), "undue | ||||||
11 | hardship" means an action that is prohibitively expensive | ||||||
12 | or disruptive when considered in light of the following | ||||||
13 | factors: (i) the nature and cost of the accommodation | ||||||
14 | needed; (ii) the overall financial resources of the | ||||||
15 | facility or facilities involved in the provision of the | ||||||
16 | reasonable accommodation, the number of persons employed | ||||||
17 | at the facility, the effect on expenses and resources, or | ||||||
18 | the impact otherwise of the accommodation upon the | ||||||
19 | operation of the facility; (iii) the overall financial | ||||||
20 | resources of the employer, the overall size of the | ||||||
21 | business of the employer with respect to the number of its | ||||||
22 | employees, and the number, type, and location of its | ||||||
23 | facilities; and (iv) the type of operation or operations | ||||||
24 | of the employer, including the composition, structure, and | ||||||
25 | functions of the workforce of the employer, the geographic | ||||||
26 | separateness, administrative, or fiscal relationship of |
| |||||||
| |||||||
1 | the facility or facilities in question to the employer. | ||||||
2 | The employer has the burden of proving undue hardship. The | ||||||
3 | fact that the employer provides or would be required to | ||||||
4 | provide a similar accommodation to similarly situated | ||||||
5 | employees creates a rebuttable presumption that the | ||||||
6 | accommodation does not impose an undue hardship on the | ||||||
7 | employer. | ||||||
8 | No employer is required by this subdivision (J) to | ||||||
9 | create additional employment that the employer would not | ||||||
10 | otherwise have created, unless the employer does so or | ||||||
11 | would do so for other classes of employees who need | ||||||
12 | accommodation. The employer is not required to discharge | ||||||
13 | any employee, transfer any employee with more seniority, | ||||||
14 | or promote any employee who is not qualified to perform | ||||||
15 | the job, unless the employer does so or would do so to | ||||||
16 | accommodate other classes of employees who need it. | ||||||
17 | (K) Notice. | ||||||
18 | (1) For an employer to fail to post or keep posted | ||||||
19 | in a conspicuous location on the premises of the | ||||||
20 | employer where notices to employees are customarily | ||||||
21 | posted, or fail to include in any employee handbook | ||||||
22 | information concerning an employee's rights under this | ||||||
23 | Article, a notice, to be prepared or approved by the | ||||||
24 | Department, summarizing the requirements of this | ||||||
25 | Article and information pertaining to the filing of a | ||||||
26 | charge, including the right to be free from unlawful |
| |||||||
| |||||||
1 | discrimination, the right to be free from sexual | ||||||
2 | harassment, and the right to certain reasonable | ||||||
3 | accommodations. The Department shall make the | ||||||
4 | documents required under this paragraph available for | ||||||
5 | retrieval from the Department's website. | ||||||
6 | (2) Upon notification of a violation of paragraph | ||||||
7 | (1) of this subdivision (K), the Department may launch | ||||||
8 | a preliminary investigation. If the Department finds a | ||||||
9 | violation, the Department may issue a notice to show | ||||||
10 | cause giving the employer 30 days to correct the | ||||||
11 | violation. If the violation is not corrected, the | ||||||
12 | Department may initiate a charge of a civil rights | ||||||
13 | violation. | ||||||
14 | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) | ||||||
15 | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101) | ||||||
16 | Sec. 3-101. Definitions. The following definitions are | ||||||
17 | applicable strictly in the context of this Article: | ||||||
18 | (A) Real Property. "Real property" includes buildings, | ||||||
19 | structures, real estate, lands, tenements, leaseholds, | ||||||
20 | interests in real estate cooperatives, condominiums, and | ||||||
21 | hereditaments, corporeal and incorporeal, or any interest | ||||||
22 | therein. | ||||||
23 | (B) Real Estate Transaction. "Real estate transaction" | ||||||
24 | includes the sale, exchange, rental or lease of real property , | ||||||
25 | or any act that otherwise makes available such a transaction |
| |||||||
| |||||||
1 | or alters a person's rights to real property . "Real estate | ||||||
2 | transaction" also includes the brokering or appraising of | ||||||
3 | residential real property and the making or purchasing of | ||||||
4 | loans or providing other financial assistance: | ||||||
5 | (1) for purchasing, constructing, improving, repairing | ||||||
6 | or maintaining a dwelling; or | ||||||
7 | (2) secured by residential real estate. | ||||||
8 | (C) Housing Accommodations. "Housing accommodation" | ||||||
9 | includes any improved or unimproved real property, or part | ||||||
10 | thereof, which is used or occupied, or is intended, arranged | ||||||
11 | or designed to be used or occupied, as the home or residence of | ||||||
12 | one or more individuals. | ||||||
13 | (D) Real Estate Broker or Salesman. "Real estate broker or | ||||||
14 | salesman" means a person, whether licensed or not, who, for or | ||||||
15 | with the expectation of receiving a consideration, lists, | ||||||
16 | sells, purchases, exchanges, rents, or leases real property, | ||||||
17 | or who negotiates or attempts to negotiate any of these | ||||||
18 | activities, or who holds oneself out as engaged in these. | ||||||
19 | (E) Familial Status. "Familial status" means one or more | ||||||
20 | individuals (who have not attained the age of 18 years) being | ||||||
21 | domiciled with: | ||||||
22 | (1) a parent or person having legal custody of such | ||||||
23 | individual or individuals; or | ||||||
24 | (2) the designee of such parent or other person having | ||||||
25 | such custody, with the written permission of such parent | ||||||
26 | or other person. |
| |||||||
| |||||||
1 | The protections afforded by this Article against | ||||||
2 | discrimination on the basis of familial status apply to any | ||||||
3 | person who is pregnant or is in the process of securing legal | ||||||
4 | custody of any individual who has not attained the age of 18 | ||||||
5 | years. | ||||||
6 | (F) Conciliation. "Conciliation" means the attempted | ||||||
7 | resolution of issues raised by a charge, or by the | ||||||
8 | investigation of such charge, through informal negotiations | ||||||
9 | involving the aggrieved party, the respondent and the | ||||||
10 | Department. | ||||||
11 | (G) Conciliation Agreement. "Conciliation agreement" means | ||||||
12 | a written agreement setting forth the resolution of the issues | ||||||
13 | in conciliation. | ||||||
14 | (H) Covered Multifamily Dwellings. As used in Section | ||||||
15 | 3-102.1, "covered multifamily dwellings" means: | ||||||
16 | (1) buildings consisting of 4 or more units if such | ||||||
17 | buildings have one or more elevators; and | ||||||
18 | (2) ground floor units in other buildings consisting | ||||||
19 | of 4 or more units. | ||||||
20 | (I) Immigration Status. "Immigration status" means a | ||||||
21 | person's actual or perceived citizenship or immigration | ||||||
22 | status. | ||||||
23 | (Source: P.A. 103-232, eff. 1-1-24 .) | ||||||
24 | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102) | ||||||
25 | Sec. 3-102. Civil rights violations; real estate |
| |||||||
| |||||||
1 | transactions and other prohibited acts. It is a civil rights | ||||||
2 | violation for an owner or any other person, or for a real | ||||||
3 | estate broker or salesman, because of unlawful discrimination, | ||||||
4 | familial status, immigration status, source of income, or an | ||||||
5 | arrest record, as defined under subsection (B-5) of Section | ||||||
6 | 1-103, to: | ||||||
7 | (A) Transactions. Refuse to engage in a real estate | ||||||
8 | transaction with a person or deny real property, or to | ||||||
9 | discriminate in making available such a transaction; | ||||||
10 | (B) Terms. Alter the terms, conditions or privileges | ||||||
11 | of a real estate transaction or in the furnishing of | ||||||
12 | facilities or services in connection therewith; | ||||||
13 | (C) Offers. Refuse to receive or to fail to transmit a | ||||||
14 | bona fide offer in a real estate transaction from a | ||||||
15 | person; | ||||||
16 | (D) Negotiation. Refuse to negotiate a real estate | ||||||
17 | transaction with a person; | ||||||
18 | (E) Representations. Represent to a person that real | ||||||
19 | property is not available for inspection, sale, rental, or | ||||||
20 | lease when in fact it is so available, or to fail to bring | ||||||
21 | a property listing to the person's attention, or to refuse | ||||||
22 | to permit the person to inspect real property; | ||||||
23 | (F) Publication of Intent. Make, print, circulate, | ||||||
24 | post, mail, publish or cause to be made, printed, | ||||||
25 | circulated, posted, mailed, or published any notice, | ||||||
26 | statement, advertisement or sign, or use a form of |
| |||||||
| |||||||
1 | application for a real estate transaction, or make a | ||||||
2 | record or inquiry in connection with a prospective real | ||||||
3 | estate transaction, that indicates any preference, | ||||||
4 | limitation, or discrimination based on unlawful | ||||||
5 | discrimination or unlawful discrimination based on | ||||||
6 | familial status, immigration status, source of income, or | ||||||
7 | an arrest record, or an intention to make any such | ||||||
8 | preference, limitation, or discrimination; | ||||||
9 | (G) Listings. Offer, solicit, accept, use or retain a | ||||||
10 | listing of real property with knowledge that unlawful | ||||||
11 | discrimination or discrimination on the basis of familial | ||||||
12 | status, immigration status, source of income, or an arrest | ||||||
13 | record in a real estate transaction is intended. | ||||||
14 | (H) Criteria. Use criteria or methods that have the | ||||||
15 | effect of subjecting individuals to unlawful | ||||||
16 | discrimination or discrimination based on familial status, | ||||||
17 | immigration status, source of income, or an arrest record | ||||||
18 | in a real estate transaction. | ||||||
19 | (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24 .) | ||||||
20 | (775 ILCS 5/7-101) (from Ch. 68, par. 7-101) | ||||||
21 | Sec. 7-101. Powers and duties. In addition to other powers | ||||||
22 | and duties prescribed in this Act, the Department shall have | ||||||
23 | the following powers: | ||||||
24 | (A) Rules and Regulations. To adopt, promulgate, amend, | ||||||
25 | and rescind rules and regulations not inconsistent with the |
| |||||||
| |||||||
1 | provisions of this Act pursuant to the Illinois Administrative | ||||||
2 | Procedure Act. | ||||||
3 | (B) Charges. To issue, receive, investigate, conciliate, | ||||||
4 | settle, and dismiss charges filed in conformity with this Act. | ||||||
5 | (C) Compulsory Process. To request subpoenas as it deems | ||||||
6 | necessary for its investigations. | ||||||
7 | (D) Complaints. To file complaints with the Commission in | ||||||
8 | conformity with this Act and to intervene in complaints | ||||||
9 | pending before the Commission filed under Article 2, 4, 5, 5A, | ||||||
10 | or 6. | ||||||
11 | (E) Judicial Enforcement. To seek temporary relief and to | ||||||
12 | enforce orders of the Commission in conformity with this Act. | ||||||
13 | (F) Equal Employment Opportunities. To take such action as | ||||||
14 | may be authorized to provide for equal employment | ||||||
15 | opportunities and affirmative action. | ||||||
16 | (G) Recruitment; Research; Public Communication; Advisory | ||||||
17 | Councils. To engage in such recruitment, research and public | ||||||
18 | communication and create such advisory councils as may be | ||||||
19 | authorized to effectuate the purposes of this Act. | ||||||
20 | (H) Coordination with other Agencies. To coordinate its | ||||||
21 | activities with federal, state, and local agencies in | ||||||
22 | conformity with this Act. | ||||||
23 | (I) Grants; Private Gifts. | ||||||
24 | (1) To accept public grants and private gifts as may | ||||||
25 | be authorized. | ||||||
26 | (2) To design grant programs and award grants to |
| |||||||
| |||||||
1 | eligible recipients. | ||||||
2 | (J) Education and Training. To implement a formal and | ||||||
3 | unbiased program of education and training for all employees | ||||||
4 | assigned to investigate and conciliate charges under Articles | ||||||
5 | 7A and 7B. The training program shall include the following: | ||||||
6 | (1) substantive and procedural aspects of the | ||||||
7 | investigation and conciliation positions; | ||||||
8 | (2) current issues in human rights law and practice; | ||||||
9 | (3) lectures by specialists in substantive areas | ||||||
10 | related to human rights matters; | ||||||
11 | (4) orientation to each operational unit of the | ||||||
12 | Department and Commission; | ||||||
13 | (5) observation of experienced Department | ||||||
14 | investigators and attorneys conducting conciliation | ||||||
15 | conferences, combined with the opportunity to discuss | ||||||
16 | evidence presented and rulings made; | ||||||
17 | (6) the use of hypothetical cases requiring the | ||||||
18 | Department investigator and conciliation conference | ||||||
19 | attorney to issue judgments as a means to evaluating | ||||||
20 | knowledge and writing ability; | ||||||
21 | (7) writing skills; | ||||||
22 | (8) computer skills, including but not limited to word | ||||||
23 | processing and document management. | ||||||
24 | A formal, unbiased and ongoing professional development | ||||||
25 | program including, but not limited to, the above-noted areas | ||||||
26 | shall be implemented to keep Department investigators and |
| |||||||
| |||||||
1 | attorneys informed of recent developments and issues and to | ||||||
2 | assist them in maintaining and enhancing their professional | ||||||
3 | competence. | ||||||
4 | (K) Hotlines. To establish and maintain hotlines and | ||||||
5 | helplines to aid in effectuating the purposes of this Act | ||||||
6 | including the confidential reporting of discrimination, | ||||||
7 | harassment, and bias incidents. All communications received or | ||||||
8 | sent via the hotlines and helplines are exempt from disclosure | ||||||
9 | under the Freedom of Information Act. | ||||||
10 | (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24 .) | ||||||
11 | (775 ILCS 5/8-101) | ||||||
12 | Sec. 8-101. Illinois Human Rights Commission. | ||||||
13 | (A) Creation; appointments. The Human Rights Commission is | ||||||
14 | created to consist of 7 members appointed by the Governor with | ||||||
15 | the advice and consent of the Senate. No more than 4 members | ||||||
16 | shall be of the same political party. The Governor shall | ||||||
17 | designate one member as chairperson. All appointments shall be | ||||||
18 | in writing and filed with the Secretary of State as a public | ||||||
19 | record. | ||||||
20 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
21 | appointed for a term to expire on the third Monday of January , | ||||||
22 | 2021, and 3 (including the Chairperson) shall be appointed for | ||||||
23 | a term to expire on the third Monday of January , 2023. | ||||||
24 | Notwithstanding any provision of this Section to the | ||||||
25 | contrary, the term of office of each member of the Illinois |
| |||||||
| |||||||
1 | Human Rights Commission is abolished on January 19, 2019. | ||||||
2 | Incumbent members holding a position on the Commission that | ||||||
3 | was created by Public Act 84-115 and whose terms, if not for | ||||||
4 | Public Act 100-1066 this amendatory Act of the 100th General | ||||||
5 | Assembly , would have expired January 18, 2021 shall continue | ||||||
6 | to exercise all of the powers and be subject to all of the | ||||||
7 | duties of members of the Commission until June 30, 2019 or | ||||||
8 | until their respective successors are appointed and qualified, | ||||||
9 | whichever is earlier. | ||||||
10 | Thereafter, each member shall serve for a term of 4 years | ||||||
11 | and until the member's successor is appointed and qualified; | ||||||
12 | except that any member chosen to fill a vacancy occurring | ||||||
13 | otherwise than by expiration of a term shall be appointed only | ||||||
14 | for the unexpired term of the member whom the member shall | ||||||
15 | succeed and until the member's successor is appointed and | ||||||
16 | qualified. | ||||||
17 | (C) Vacancies. | ||||||
18 | (1) In the case of vacancies on the Commission during | ||||||
19 | a recess of the Senate, the Governor shall make a | ||||||
20 | temporary appointment until the next meeting of the Senate | ||||||
21 | when the Governor shall appoint a person to fill the | ||||||
22 | vacancy. Any person so nominated and confirmed by the | ||||||
23 | Senate shall hold office for the remainder of the term and | ||||||
24 | until the person's successor is appointed and qualified. | ||||||
25 | (2) If the Senate is not in session at the time this | ||||||
26 | Act takes effect, the Governor shall make temporary |
| |||||||
| |||||||
1 | appointments to the Commission as in the case of | ||||||
2 | vacancies. | ||||||
3 | (3) Vacancies in the Commission shall not impair the | ||||||
4 | right of the remaining members to exercise all the powers | ||||||
5 | of the Commission. Except when authorized by this Act to | ||||||
6 | proceed through a 3 member panel, a majority of the | ||||||
7 | members of the Commission then in office shall constitute | ||||||
8 | a quorum. | ||||||
9 | (D) Compensation. On and after January 19, 2019, the | ||||||
10 | Chairperson of the Commission shall be compensated at the rate | ||||||
11 | of $125,000 per year, or as set by the Compensation Review | ||||||
12 | Board, whichever is greater, during the Chairperson's service | ||||||
13 | as Chairperson, and each other member shall be compensated at | ||||||
14 | the rate of $119,000 per year, or as set by the Compensation | ||||||
15 | Review Board, whichever is greater. In addition, all members | ||||||
16 | of the Commission shall be reimbursed for expenses actually | ||||||
17 | and necessarily incurred by them in the performance of their | ||||||
18 | duties. | ||||||
19 | (E) (Blank). Notwithstanding the general supervisory | ||||||
20 | authority of the Chairperson, each commissioner, unless | ||||||
21 | appointed to the special temporary panel created under | ||||||
22 | subsection (H), has the authority to hire and supervise a | ||||||
23 | staff attorney. The staff attorney shall report directly to | ||||||
24 | the individual commissioner. | ||||||
25 | (F) A formal training program for newly appointed | ||||||
26 | commissioners shall be implemented. The training program shall |
| |||||||
| |||||||
1 | include the following: | ||||||
2 | (1) substantive and procedural aspects of the office | ||||||
3 | of commissioner; | ||||||
4 | (2) current issues in employment and housing | ||||||
5 | discrimination and public accommodation law and practice; | ||||||
6 | (3) orientation to each operational unit of the Human | ||||||
7 | Rights Commission; | ||||||
8 | (4) observation of experienced hearing officers and | ||||||
9 | commissioners conducting hearings of cases, combined with | ||||||
10 | the opportunity to discuss evidence presented and rulings | ||||||
11 | made; | ||||||
12 | (5) the use of hypothetical cases requiring the newly | ||||||
13 | appointed commissioner to issue judgments as a means of | ||||||
14 | evaluating knowledge and writing ability; | ||||||
15 | (6) writing skills; and | ||||||
16 | (7) professional and ethical standards. | ||||||
17 | A formal and ongoing professional development program | ||||||
18 | including, but not limited to, the above-noted areas shall be | ||||||
19 | implemented to keep commissioners informed of recent | ||||||
20 | developments and issues and to assist them in maintaining and | ||||||
21 | enhancing their professional competence. Each commissioner | ||||||
22 | shall complete 20 hours of training in the above-noted areas | ||||||
23 | during every 2 years the commissioner remains in office. | ||||||
24 | (G) Commissioners must meet one of the following | ||||||
25 | qualifications: | ||||||
26 | (1) licensed to practice law in the State of Illinois; |
| |||||||
| |||||||
1 | (2) at least 3 years of experience as a hearing | ||||||
2 | officer at the Human Rights Commission; or | ||||||
3 | (3) at least 4 years of professional experience | ||||||
4 | working for or dealing with individuals or corporations | ||||||
5 | affected by this Act or similar laws in other | ||||||
6 | jurisdictions, including, but not limited to, experience | ||||||
7 | with a civil rights advocacy group, a fair housing group, | ||||||
8 | a community organization, a trade association, a union, a | ||||||
9 | law firm, a legal aid organization, an employer's human | ||||||
10 | resources department, an employment discrimination | ||||||
11 | consulting firm, a community affairs organization, or a | ||||||
12 | municipal human relations agency. | ||||||
13 | The Governor's appointment message, filed with the | ||||||
14 | Secretary of State and transmitted to the Senate, shall state | ||||||
15 | specifically how the experience of a nominee for commissioner | ||||||
16 | meets the requirement set forth in this subsection. The | ||||||
17 | Chairperson must have public or private sector management and | ||||||
18 | budget experience, as determined by the Governor. | ||||||
19 | Each commissioner shall devote full time to the | ||||||
20 | commissioner's duties and any commissioner who is an attorney | ||||||
21 | shall not engage in the practice of law, nor shall any | ||||||
22 | commissioner hold any other office or position of profit under | ||||||
23 | the United States or this State or any municipal corporation | ||||||
24 | or political subdivision of this State, nor engage in any | ||||||
25 | other business, employment, or vocation. | ||||||
26 | (H) (Blank). |
| |||||||
| |||||||
1 | (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24; | ||||||
2 | revised 12-15-23.) | ||||||
3 | (775 ILCS 5/8-111) (from Ch. 68, par. 8-111) | ||||||
4 | Sec. 8-111. Court Proceedings. | ||||||
5 | (A) Civil Actions Commenced in Circuit Court. | ||||||
6 | (1) Venue. Civil actions commenced in a circuit court | ||||||
7 | pursuant to Section 7A-102 or 8B-102 shall be commenced in | ||||||
8 | the circuit court in the county in which the civil rights | ||||||
9 | violation was allegedly committed. | ||||||
10 | (2) If a civil action is commenced in a circuit court, | ||||||
11 | the form of the complaint shall be in accordance with the | ||||||
12 | Code of Civil Procedure. | ||||||
13 | (3) Jury Trial. If a civil action is commenced in a | ||||||
14 | circuit court under Section 7A-102 or 8B-102, the | ||||||
15 | plaintiff or defendant may demand trial by jury. | ||||||
16 | (4) Remedies. Upon the finding of a civil rights | ||||||
17 | violation, the circuit court or jury may award any of the | ||||||
18 | remedies set forth in Section 8A-104 or 8B-104. | ||||||
19 | (B) Judicial Review. | ||||||
20 | (1) Any complainant or respondent may apply for and | ||||||
21 | obtain judicial review of a final order of the Commission | ||||||
22 | entered under this Act by filing a petition for review in | ||||||
23 | the Appellate Court within 35 days from the date that a | ||||||
24 | copy of the decision sought to be reviewed was served upon | ||||||
25 | the party affected by the decision. If a 3-member panel or |
| |||||||
| |||||||
1 | the full Commission finds that an interlocutory order | ||||||
2 | involves a question of law as to which there is | ||||||
3 | substantial ground for difference of opinion and that an | ||||||
4 | immediate appeal from the order may materially advance the | ||||||
5 | ultimate termination of the litigation, any party may | ||||||
6 | petition the Appellate Court for permission to appeal the | ||||||
7 | order. The procedure for obtaining the required Commission | ||||||
8 | findings and the permission of the Appellate Court shall | ||||||
9 | be governed by Supreme Court Rule 308, except the | ||||||
10 | references to the "trial court" shall be understood as | ||||||
11 | referring to the Commission. | ||||||
12 | (2) In any proceeding brought for judicial review, the | ||||||
13 | Commission's findings of fact shall be sustained unless | ||||||
14 | the court determines that such findings are contrary to | ||||||
15 | the manifest weight of the evidence. | ||||||
16 | (3) Venue. Proceedings for judicial review shall be | ||||||
17 | commenced in the appellate court for the district wherein | ||||||
18 | the civil rights violation which is the subject of the | ||||||
19 | Commission's order was allegedly committed. | ||||||
20 | (C) Judicial Enforcement. | ||||||
21 | (1) When the Commission, at the instance of the | ||||||
22 | Department or an aggrieved party, concludes that any | ||||||
23 | person has violated a valid order of the Commission issued | ||||||
24 | pursuant to this Act, and the violation and its effects | ||||||
25 | are not promptly corrected, the Commission, through a | ||||||
26 | panel of 3 members, shall order the Department to commence |
| |||||||
| |||||||
1 | an action in the name of the People of the State of | ||||||
2 | Illinois by complaint, alleging the violation, attaching a | ||||||
3 | copy of the order of the Commission and praying for the | ||||||
4 | issuance of an order directing such person, his or her or | ||||||
5 | its officers, agents, servants, successors and assigns to | ||||||
6 | comply with the order of the Commission. | ||||||
7 | (2) An aggrieved party may file a complaint for | ||||||
8 | enforcement of a valid order of the Commission directly in | ||||||
9 | Circuit Court. | ||||||
10 | (3) Upon the commencement of an action filed under | ||||||
11 | paragraphs (1) or (2) of this subsection, the court shall | ||||||
12 | have jurisdiction over the proceedings and power to grant | ||||||
13 | or refuse, in whole or in part, the relief sought or impose | ||||||
14 | such other remedy as the court may deem proper. | ||||||
15 | (4) The court may stay an order of the Commission in | ||||||
16 | accordance with the applicable Supreme Court rules, | ||||||
17 | pending disposition of the proceedings. | ||||||
18 | (5) The court may punish for any violation of its | ||||||
19 | order as in the case of civil contempt. | ||||||
20 | (6) Venue. Proceedings for judicial enforcement of a | ||||||
21 | Commission order shall be commenced in the circuit court | ||||||
22 | in the county wherein the civil rights violation which is | ||||||
23 | the subject of the Commission's order was committed. | ||||||
24 | (7) Enforcement of judicial order. An aggrieved party | ||||||
25 | may take action to collect on a judicial order issued by | ||||||
26 | the Circuit Court in an enforcement action initiated by |
| |||||||
| |||||||
1 | the State, regardless of whether or not the aggrieved | ||||||
2 | party intervened in an enforcement action. | ||||||
3 | (D) Limitation. Except as otherwise provided by law, no | ||||||
4 | court of this state shall have jurisdiction over the subject | ||||||
5 | of an alleged civil rights violation other than as set forth in | ||||||
6 | this Act. | ||||||
7 | (E) This amendatory Act of 1996 applies to causes of | ||||||
8 | action filed on or after January 1, 1996. | ||||||
9 | (F) The changes made to this Section by this amendatory | ||||||
10 | Act of the 95th General Assembly apply to charges or | ||||||
11 | complaints filed with the Department or the Commission on or | ||||||
12 | after the effective date of those changes. | ||||||
13 | (Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.) | ||||||
14 | (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104) | ||||||
15 | Sec. 8B-104. Relief; penalties. Upon finding a civil | ||||||
16 | rights violation, a hearing officer may recommend and the | ||||||
17 | Commission or any three-member panel thereof may provide for | ||||||
18 | any relief or penalty identified in this Section, separately | ||||||
19 | or in combination, by entering an order directing the | ||||||
20 | respondent to: | ||||||
21 | (A) Cease and Desist Order. Cease and desist from any | ||||||
22 | violation of this Act. | ||||||
23 | (B) Actual Damages. Pay actual damages, as reasonably | ||||||
24 | determined by the Commission, for injury or loss suffered | ||||||
25 | by the complainant. |
| |||||||
| |||||||
1 | (C) Civil Penalty. Pay a civil penalty per violation | ||||||
2 | to vindicate the public interest . In imposing a civil | ||||||
3 | penalty to vindicate the public interest, a separate | ||||||
4 | penalty may be imposed for each specific act constituting | ||||||
5 | a civil rights violation as defined in Section 1-103, and | ||||||
6 | for each aggrieved party injured by the civil rights | ||||||
7 | violation : | ||||||
8 | (i) in an amount not exceeding $16,000 if the | ||||||
9 | respondent has not been adjudged to have committed any | ||||||
10 | prior civil rights violation under Article 3; | ||||||
11 | (ii) in an amount not exceeding $42,500 if the | ||||||
12 | respondent has been adjudged to have committed one | ||||||
13 | other civil rights violation under Article 3 during | ||||||
14 | the 5-year period ending on the date of the filing of | ||||||
15 | this charge; and | ||||||
16 | (iii) in an amount not exceeding $70,000 if the | ||||||
17 | respondent has been adjudged to have committed 2 or | ||||||
18 | more civil rights violations under Article 3 during | ||||||
19 | the 7-year period ending on the date of the filing of | ||||||
20 | this charge; except that if the acts constituting the | ||||||
21 | civil rights violation that is the object of the | ||||||
22 | charge are committed by the same natural person who | ||||||
23 | has been previously adjudged to have committed acts | ||||||
24 | constituting a civil rights violation under Article 3, | ||||||
25 | then the civil penalties set forth in subparagraphs | ||||||
26 | (ii) and (iii) may be imposed without regard to the |
| |||||||
| |||||||
1 | period of time within which any subsequent civil | ||||||
2 | rights violation under Article 3 occurred. | ||||||
3 | (D) Attorney Fees; Costs. Pay to the complainant all | ||||||
4 | or a portion of the costs of maintaining the action, | ||||||
5 | including reasonable attorneys fees and expert witness | ||||||
6 | fees incurred in maintaining this action before the | ||||||
7 | Department, the Commission and in any judicial review and | ||||||
8 | judicial enforcement proceedings. | ||||||
9 | (E) Compliance Report. Report as to the manner of | ||||||
10 | compliance. | ||||||
11 | (F) Posting of Notices. Post notices in a conspicuous | ||||||
12 | place which the Commission may publish or cause to be | ||||||
13 | published setting forth requirements for compliance with | ||||||
14 | this Act or other relevant information which the | ||||||
15 | Commission determines necessary to explain this Act. | ||||||
16 | (G) Make Complainant Whole. Take such action as may be | ||||||
17 | necessary to make the individual complainant whole, | ||||||
18 | including, but not limited to, awards of interest on the | ||||||
19 | complainant's actual damages from the date of the civil | ||||||
20 | rights violation. | ||||||
21 | (Source: P.A. 99-548, eff. 1-1-17 .) | ||||||
22 | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103) | ||||||
23 | Sec. 10-103. Circuit court actions pursuant to election. | ||||||
24 | (A) If an election is made under Section 8B-102, the | ||||||
25 | Department shall authorize and , not later than 30 days after |
| |||||||
| |||||||
1 | the entry of the administrative closure order is entered by | ||||||
2 | the Commission and served on the Department, the Attorney | ||||||
3 | General shall commence and maintain a civil action on behalf | ||||||
4 | of the aggrieved party in a circuit court of Illinois seeking | ||||||
5 | relief under this Section. Venue for such civil action shall | ||||||
6 | be determined under Section 8-111(A)(1). | ||||||
7 | (B) Any aggrieved party with respect to the issues to be | ||||||
8 | determined in a civil action under this Section may intervene | ||||||
9 | as of right in that civil action. | ||||||
10 | (C) In a civil action under this Section, if the court | ||||||
11 | finds that a civil rights violation has occurred or is about to | ||||||
12 | occur the court may grant as relief any relief which a court | ||||||
13 | could grant with respect to such civil rights violation in a | ||||||
14 | civil action under Section 10-102. Any relief so granted that | ||||||
15 | would accrue to an aggrieved party in a civil action commenced | ||||||
16 | by that aggrieved party under Section 10-102 shall also accrue | ||||||
17 | to that aggrieved party in a civil action under this Section. | ||||||
18 | If monetary relief is sought for the benefit of an aggrieved | ||||||
19 | party who does not intervene in the civil action, the court | ||||||
20 | shall not award such relief if that aggrieved party has not | ||||||
21 | complied with discovery orders entered by the court. | ||||||
22 | (Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.) | ||||||
23 | (775 ILCS 5/10-104) | ||||||
24 | Sec. 10-104. Circuit Court Actions by the Illinois | ||||||
25 | Attorney General. |
| |||||||
| |||||||
1 | (A) Standing, venue, limitations on actions, preliminary | ||||||
2 | investigations, notice, and Assurance of Voluntary Compliance. | ||||||
3 | (1) Whenever the Illinois Attorney General has | ||||||
4 | reasonable cause to believe that any person or group of | ||||||
5 | persons is engaged in a pattern and practice of | ||||||
6 | discrimination prohibited by this Act, the Illinois | ||||||
7 | Attorney General may commence a civil action in the name | ||||||
8 | of the People of the State, as parens patriae on behalf of | ||||||
9 | persons within the State to enforce the provisions of this | ||||||
10 | Act in any appropriate circuit court. Venue for this civil | ||||||
11 | action shall be determined under paragraph (1) of | ||||||
12 | subsection (A) of Section 8-111. Such actions shall be | ||||||
13 | commenced no later than 2 years after the occurrence or | ||||||
14 | the termination of an alleged civil rights violation or | ||||||
15 | the breach of a conciliation agreement or Assurance of | ||||||
16 | Voluntary Compliance entered into under this Act, | ||||||
17 | whichever occurs last, to obtain relief with respect to | ||||||
18 | the alleged civil rights violation or breach. | ||||||
19 | (2) Prior to initiating a civil action, the Attorney | ||||||
20 | General shall conduct a preliminary investigation to | ||||||
21 | determine whether there is reasonable cause to believe | ||||||
22 | that any person or group of persons is engaged in a pattern | ||||||
23 | and practice of discrimination declared unlawful by this | ||||||
24 | Act and whether the dispute can be resolved without | ||||||
25 | litigation. In conducting this investigation, the Attorney | ||||||
26 | General may: |
| |||||||
| |||||||
1 | (a) require the individual or entity to file a | ||||||
2 | statement or report in writing under oath or | ||||||
3 | otherwise, as to all information the Attorney General | ||||||
4 | may consider necessary; | ||||||
5 | (b) examine under oath any person alleged to have | ||||||
6 | participated in or with knowledge of the alleged | ||||||
7 | pattern and practice violation; or | ||||||
8 | (c) issue subpoenas or conduct hearings in aid of | ||||||
9 | any investigation. | ||||||
10 | (3) Service by the Attorney General of any notice | ||||||
11 | requiring a person to file a statement or report, or of a | ||||||
12 | subpoena upon any person, shall be made: | ||||||
13 | (a) personally by delivery of a duly executed copy | ||||||
14 | thereof to the person to be served or, if a person is | ||||||
15 | not a natural person, in the manner provided in the | ||||||
16 | Code of Civil Procedure when a complaint is filed; or | ||||||
17 | (b) by mailing by certified mail a duly executed | ||||||
18 | copy thereof to the person to be served at his or her | ||||||
19 | last known abode or principal place of business within | ||||||
20 | this State. | ||||||
21 | (4) In lieu of a civil action, the individual or | ||||||
22 | entity alleged to have engaged in a pattern or practice of | ||||||
23 | discrimination deemed violative of this Act may enter into | ||||||
24 | an Assurance of Voluntary Compliance with respect to the | ||||||
25 | alleged pattern or practice violation. | ||||||
26 | (5) The Illinois Attorney General may commence a civil |
| |||||||
| |||||||
1 | action under this subsection (A) whether or not a charge | ||||||
2 | has been filed under Sections 7A-102 or 7B-102 and without | ||||||
3 | regard to the status of any charge, however, if the | ||||||
4 | Department or local agency has obtained a conciliation or | ||||||
5 | settlement agreement or if the parties have entered into | ||||||
6 | an Assurance of Voluntary Compliance no action may be | ||||||
7 | filed under this subsection (A) with respect to the | ||||||
8 | alleged civil rights violation practice that forms the | ||||||
9 | basis for the complaint except for the purpose of | ||||||
10 | enforcing the terms of the conciliation or settlement | ||||||
11 | agreement or the terms of the Assurance of Voluntary | ||||||
12 | Compliance. | ||||||
13 | (6) Subpoenas. | ||||||
14 | (a) Petition for enforcement. Whenever any person | ||||||
15 | fails to comply with any subpoena issued under | ||||||
16 | paragraph (2) of this subsection (A), or whenever | ||||||
17 | satisfactory copying or reproduction of any material | ||||||
18 | requested in an investigation cannot be done and the | ||||||
19 | person refuses to surrender the material, the Attorney | ||||||
20 | General may file in any appropriate circuit court, and | ||||||
21 | serve upon the person, a petition for a court order for | ||||||
22 | the enforcement of the subpoena or other request. | ||||||
23 | Venue for this enforcement action shall be determined | ||||||
24 | under paragraph (E)(1) of Section 8-104. | ||||||
25 | (b) Petition to modify or set aside a subpoena. | ||||||
26 | (i) Any person who has received a subpoena |
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1 | issued under paragraph (2) of this subsection (A) | ||||||
2 | may file in the appropriate circuit court, and | ||||||
3 | serve upon the Attorney General, a petition for a | ||||||
4 | court order to modify or set aside the subpoena or | ||||||
5 | other request. The petition must be filed either | ||||||
6 | (I) within 20 days after the date of service of the | ||||||
7 | subpoena or at any time before the return date | ||||||
8 | specified in the subpoena, whichever date is | ||||||
9 | earlier, or (II) within such longer period as may | ||||||
10 | be prescribed in writing by the Attorney General. | ||||||
11 | (ii) The petition shall specify each ground | ||||||
12 | upon which the petitioner relies in seeking relief | ||||||
13 | under subdivision (i) and may be based upon any | ||||||
14 | failure of the subpoena to comply with the | ||||||
15 | provisions of this Section or upon any | ||||||
16 | constitutional or other legal right or privilege | ||||||
17 | of the petitioner. During the pendency of the | ||||||
18 | petition in the court, the court may stay, as it | ||||||
19 | deems proper, the running of the time allowed for | ||||||
20 | compliance with the subpoena or other request, in | ||||||
21 | whole or in part, except that the petitioner shall | ||||||
22 | comply with any portion of the subpoena or other | ||||||
23 | request not sought to be modified or set aside. | ||||||
24 | (c) Jurisdiction. Whenever any petition is filed | ||||||
25 | in any circuit court under this paragraph (6), the | ||||||
26 | court shall have jurisdiction to hear and determine |
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1 | the matter so presented and to enter such orders as may | ||||||
2 | be required to carry out the provisions of this | ||||||
3 | Section. Any final order so entered shall be subject | ||||||
4 | to appeal in the same manner as appeals of other final | ||||||
5 | orders in civil matters. Any disobedience of any final | ||||||
6 | order entered under this paragraph (6) by any court | ||||||
7 | shall be punished as a contempt of the court. | ||||||
8 | (B) Relief which may be granted. | ||||||
9 | (1) In any civil action brought pursuant to subsection | ||||||
10 | (A) of this Section, the Attorney General may obtain as a | ||||||
11 | remedy, equitable relief (including any permanent or | ||||||
12 | preliminary injunction, temporary restraining order, or | ||||||
13 | other order, including an order enjoining the defendant | ||||||
14 | from engaging in such civil rights violation or ordering | ||||||
15 | any action as may be appropriate). In addition, the | ||||||
16 | Attorney General may request and the Court may impose | ||||||
17 | restitution to any aggrieved party injured by the pattern | ||||||
18 | or practice of discrimination, to the extent not covered | ||||||
19 | by other sources, and a civil penalty per civil rights | ||||||
20 | violation to vindicate the public interest . In imposing a | ||||||
21 | civil penalty to vindicate the public interest, each | ||||||
22 | instance in which a provision of this Act is violated as | ||||||
23 | part of a pattern or practice of discrimination may be | ||||||
24 | considered to constitute a separate violation or | ||||||
25 | violations, as may each aggrieved party harmed : | ||||||
26 | (a) for violations of this Act Article 3 and |
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1 | Article 4 in an amount not exceeding $50,000 $25,000 | ||||||
2 | per violation , and in the case of violations of all | ||||||
3 | other Articles in an amount not exceeding $10,000 if | ||||||
4 | the defendant has not been adjudged to have committed | ||||||
5 | any prior civil rights violations under any the | ||||||
6 | provision of the Act that is the basis of the | ||||||
7 | complaint; | ||||||
8 | (b) for violations of this Act Article 3 and | ||||||
9 | Article 4 in an amount not exceeding $75,000 $50,000 | ||||||
10 | per violation , and in the case of violations of all | ||||||
11 | other Articles in an amount not exceeding $25,000 if | ||||||
12 | the defendant has been adjudged to have committed one | ||||||
13 | other civil rights violation under any the provision | ||||||
14 | of the Act within 5 years of the occurrence of the | ||||||
15 | civil rights violation that is the basis of the | ||||||
16 | complaint; and | ||||||
17 | (c) for violations of this Act Article 3 and | ||||||
18 | Article 4 in an amount not exceeding $100,000 $75,000 | ||||||
19 | per violation , and in the case of violations of all | ||||||
20 | other Articles in an amount not exceeding $50,000 if | ||||||
21 | the defendant has been adjudged to have committed 2 or | ||||||
22 | more civil rights violations under any the provision | ||||||
23 | of the Act within 5 years of the occurrence of the | ||||||
24 | civil rights violation that is the basis of the | ||||||
25 | complaint. | ||||||
26 | (2) A civil penalty imposed under subdivision (B)(1) |
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1 | of this Section shall be deposited into the Attorney | ||||||
2 | General Court Ordered and Voluntary Compliance Payment | ||||||
3 | Projects Fund, which is a special fund in the State | ||||||
4 | Treasury. Moneys in the Fund shall be used, subject to | ||||||
5 | appropriation, for the performance of any function | ||||||
6 | pertaining to the exercise of the duties of the Attorney | ||||||
7 | General including but not limited to enforcement of any | ||||||
8 | law of this State and conducting public education | ||||||
9 | programs; however, any moneys in the Fund that are | ||||||
10 | required by the court or by an agreement to be used for a | ||||||
11 | particular purpose shall be used for that purpose. | ||||||
12 | (3) Aggrieved parties seeking actual damages must | ||||||
13 | follow the procedure set out in Sections 7A-102 or 7B-102 | ||||||
14 | for filing a charge. An action brought by the Illinois | ||||||
15 | Attorney General pursuant to this Section is independent | ||||||
16 | of any other action, remedy, or procedure that may be | ||||||
17 | available to an aggrieved party under any other provision | ||||||
18 | of law, including, but not limited to, an action, remedy, | ||||||
19 | or procedure brought pursuant to the procedures set out in | ||||||
20 | Section 7A-102 or 7B-102. | ||||||
21 | (Source: P.A. 101-661, eff. 4-2-21.) | ||||||
22 | (775 ILCS 5/8-113 rep.) | ||||||
23 | Section 10. The Illinois Human Rights Act is amended by | ||||||
24 | repealing Section 8-113. |
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1 | Section 95. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | changes in a statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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