Full Text of HB1040 102nd General Assembly
HB1040 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1040 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | |
Amends the Illinois Civil Rights Act of 2003. Makes a technical change in a
Section concerning the prohibition of discrimination by units of State, county,
or local government.
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| | A BILL FOR |
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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 5. The Illinois Civil Rights Act of 2003 is | 5 | | amended by changing Section 5 as follows:
| 6 | | (740 ILCS 23/5)
| 7 | | Sec. 5. Discrimination prohibited.
| 8 | | (a) No unit of State, county, or local government in | 9 | | Illinois shall:
| 10 | | (1) exclude a person from participation in, deny a | 11 | | person the
the benefits of,
or subject a person to | 12 | | discrimination under any program or activity on the
| 13 | | grounds
of that person's race, color, national origin, or | 14 | | gender; or
| 15 | | (2) utilize criteria or methods of administration that | 16 | | have the effect of
subjecting individuals to | 17 | | discrimination because of their race, color,
national
| 18 | | origin, or gender.
| 19 | | (b) Any party aggrieved by conduct that violates | 20 | | subsection (a) may bring a
civil lawsuit, in a federal | 21 | | district court or State circuit court, against the offending | 22 | | unit of
government. Any State claim brought in federal | 23 | | district court shall be a supplemental claim to a federal |
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| 1 | | claim. This lawsuit must be brought not later than 2 years | 2 | | after the
violation of subsection (a). If the court finds that | 3 | | a violation of paragraph
(1) or (2) of subsection (a) has | 4 | | occurred, the court may award to the plaintiff
actual damages. | 5 | | The court, as it deems appropriate, may grant as
relief any | 6 | | permanent or preliminary negative or mandatory injunction, | 7 | | temporary restraining order, or
other order.
| 8 | | (c) Upon motion, a court shall award reasonable attorneys' | 9 | | fees and costs,
including expert witness fees and other | 10 | | litigation expenses, to a plaintiff who
is a prevailing party | 11 | | in any action brought:
| 12 | | (1) pursuant to subsection (b); or
| 13 | | (2) to enforce a right arising under the Illinois | 14 | | Constitution.
| 15 | | In awarding reasonable attorneys' fees, the court shall | 16 | | consider the degree
to which the relief obtained relates to | 17 | | the relief sought.
| 18 | | (d) For the purpose of this Act, the term "prevailing | 19 | | party" includes any
party:
| 20 | | (1) who obtains some of his or her requested relief | 21 | | through a judicial
judgment in his or her favor;
| 22 | | (2) who obtains some of his or her requested relief | 23 | | through any settlement
agreement approved by the court; or
| 24 | | (3) whose pursuit of a non-frivolous claim was a | 25 | | catalyst for a unilateral
change in position by the | 26 | | opposing party relative to the relief sought.
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| 1 | | (Source: P.A. 95-541, eff. 1-1-08.)
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