HB5523 103RD GENERAL ASSEMBLY

LRB103 37213 JRC 67332 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5523

Introduced 2/9/2024, by Rep. Lilian Jiménez

SYNOPSIS AS INTRODUCED:

New Act
775 ILCS 5/6-102

Creates the Prevention of Gender-Based Discrimination in Service Industries Act. Prohibits a service business from discriminating on the basis of gender. Defines "service business" as a commercial enterprise that focuses on providing various services to customers and has no tangible, physical characteristics or products. This includes, but is not limited to, hairstylists, barbers, tailors, dry cleaners, and laundries. Provides that nothing in the Act prohibits price differences based specifically upon the amount of time, difficulty, or cost of providing the services. Requires these service businesses (tailors or businesses providing aftermarket clothing alterations, barbershops or hair salons, dry cleaners and laundries providing services to individuals) to post a notice that states they don't discriminate on prices charged for services of similar or like kind on the basis of the person's gender and that a complete price list is available upon request. Amends the Illinois Human Rights Act to provide that a person who violates the Prevention of Gender-Based Discrimination in Service Industries Act commits a civil rights violation within the meaning of the Illinois Human Rights Act, except as otherwise specified.

A BILL FOR

AN ACT concerning civil law.

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

Section 1. Short title. This Act may be cited as the Prevention of Gender-Based Discrimination in Service Industries Act.

Section 5. Definitions. In this Act:

"Service business" means a commercial enterprise that focuses on providing various services to the customers and has no tangible, physical characteristics or products. This includes, but is not limited to, hairstylists, barbers, tailors, dry cleaners, and laundries.

"Standard service" means the 15 most frequently requested services provided by a service business.

Section 10. Prohibited discrimination. A service business may not discriminate, with respect to the price charged for services of similar or like kind, against a person because of the person's gender. Nothing in this Act prohibits price differences based specifically upon the amount of time, difficulty, or cost of providing the services.

Section 15. Notice to the public.

(a) The following service businesses must clearly and conspicuously disclose to the public in writing the pricing for each standard service provided:

(1) tailors or businesses providing aftermarket clothing alterations;

(2) barbershops or hair salons; or

(3) dry cleaners and laundries providing services to individuals.

(b) The price list shall be posted in an area conspicuous to customers. Posted price lists shall be in no less than 14-point boldface type and clearly and completely display pricing for every standard service offered by the business.

(c) The service business shall provide the customer with a complete written price list upon request.

(f) The service business shall display in a conspicuous place at least one clearly visible sign, printed in no less than 24-point boldface type, which reads: "ILLINOIS LAW PROHIBITS ANY SERVICE BUSINESS FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST."

(g) A service business that fails to correct a violation of this Section within 30 days of receiving written notice of the violation by the governmental entity that issued its business license is liable for a civil penalty of $1,000.

(h) Commencing 6 months after the effective date of this Act, a municipality or county that issues business licenses shall provide a business, at the time the business is issued the license or when the license is renewed, written notice of these provisions in English, Spanish, Chinese, Tagalog, Polish, and Arabic. A municipality or county that issues business licenses may increase the fee for that license in an amount not to exceed the reasonable costs of providing this written notice.

Section 20. Violation. A business service that violates this Act, other than the requirements for a public notice in Section 15, commits a civil rights violation within the meaning of the Illinois Human Rights Act.

Section 90. The Illinois Human Rights Act is amended by changing Section 6-102 as follows:

(775 ILCS 5/6-102)

Sec. 6-102. Violations of other Acts. A person who violates the Prevention of Gender-Based Discrimination in Service Industries Act (except as otherwise specified in that Act), Section 11-117-12.2 of the Illinois Municipal Code, Section 224.05 of the Illinois Insurance Code, Section 8-201.5 of the Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11, and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of the Interest Act, the Military Personnel Cellular Phone Contract Termination Act, Section 405-272 of the Civil Administrative Code of Illinois, Section 10-63 of the Illinois Administrative Procedure Act, Sections 30.25 and 30.30 of the Military Code of Illinois, Section 16 of the Landlord and Tenant Act, Section 26.5 of the Retail Installment Sales Act, or Section 37 of the Motor Vehicle Leasing Act commits a civil rights violation within the meaning of this Act.

(Source: P.A. 102-558, eff. 8-20-21.)