(775 ILCS 5/Art. 1 heading) ARTICLE 1.GENERAL PROVISIONS(Source: P.A. 93-1078, eff. 1-1-06.)
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(775 ILCS 5/1-101) (from Ch. 68, par. 1-101)
Sec. 1-101.
Short Title.
This Act shall be known and may be cited as the
Illinois Human Rights Act.
(Source: P.A. 81-1216.)
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(775 ILCS 5/1-101.1)
Sec. 1-101.1. Construction. Nothing in this Act shall be construed as
requiring any employer, employment agency, or labor organization to give
preferential treatment or special rights based on sexual orientation or to
implement affirmative action policies or programs based on sexual
orientation.
(Source: P.A. 93-1078, eff. 1-1-06.) |
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102) Sec. 1-102. Declaration of policy. It is the public policy of this State: (A) Freedom from Unlawful Discrimination. To secure | ||
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(B) Freedom from Sexual Harassment-Employment and | ||
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(C) Freedom from Discrimination Based on Citizenship | ||
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(C-5) Freedom from Discrimination Based on Work | ||
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(D) Freedom from Discrimination Based on Familial | ||
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(E) Public Health, Welfare and Safety. To promote the | ||
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(F) Implementation of Constitutional Guarantees. To | ||
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(G) Equal Opportunity, Affirmative Action. To | ||
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(H) Unfounded Charges. To protect citizens of this | ||
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(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; 103-472, eff. 8-1-24; 103-785, eff. 1-1-25.) |
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103) Sec. 1-103. General definitions. When used in this Act, unless the context requires otherwise, the term: (A) Age. "Age" means the chronological age of a person who is at least 40 years old, except with regard to any practice described in Section 2-102, insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of Section 2-102, "age" means the chronological age of a person who is 18 but not yet 40 years old. (B) Aggrieved party. "Aggrieved party" means a person who is alleged or proved to have been injured by a civil rights violation or believes he or she will be injured by a civil rights violation under Article 3 that is about to occur. (B-5) Arrest record. "Arrest record" means: (1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered | ||
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(C) Charge. "Charge" means an allegation filed with the Department by an aggrieved party or initiated by the Department under its authority. (D) Civil rights violation. "Civil rights violation" includes and shall be limited to only those specific acts set forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102, 6-101, 6-101.5, and 6-102 of this Act. (E) Commission. "Commission" means the Human Rights Commission created by this Act. (F) Complaint. "Complaint" means the formal pleading filed by the Department with the Commission following an investigation and finding of substantial evidence of a civil rights violation. (G) Complainant. "Complainant" means a person including the Department who files a charge of civil rights violation with the Department or the Commission. (G-5) Conviction record. "Conviction record" means information indicating that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority. (H) Department. "Department" means the Department of Human Rights created by this Act. (I) Disability. (1) "Disability" means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic: (a) For purposes of Article 2, is unrelated to the | ||
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(b) For purposes of Article 3, is unrelated to the | ||
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(c) For purposes of Article 4, is unrelated to a | ||
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(d) For purposes of Article 5, is unrelated to a | ||
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(e) For purposes of Article 5, also includes any | ||
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(2) Discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability. (J) Marital status. "Marital status" means the legal status of being married, single, separated, divorced, or widowed. (J-1) Military status. "Military status" means a person's status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, including the United States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and United States Coast Guard Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard. (K) National origin. "National origin" means the place in which a person or one of his or her ancestors was born. (K-5) "Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, or the Civil No Contact Order Act, or an order of protection issued by a court of another state. (L) Person. "Person" includes one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, joint apprenticeship committees, or union labor associations, corporations, the State of Illinois and its instrumentalities, political subdivisions, units of local government, legal representatives, trustees in bankruptcy or receivers. (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. (M) Public contract. "Public contract" includes every contract to which the State, any of its political subdivisions, or any municipal corporation is a party. (M-5) Race. "Race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. (N) Religion. "Religion" includes all aspects of religious observance and practice, as well as belief, except that with respect to employers, for the purposes of Article 2, "religion" has the meaning ascribed to it in paragraph (F) of Section 2-101. (O) Sex. "Sex" means the status of being male or female. (O-1) Sexual orientation. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult. (O-2) Reproductive Health Decisions. "Reproductive Health Decisions" means a person's decisions regarding the person's use of: contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care. (O-5) Source of income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents. (P) Unfavorable military discharge. "Unfavorable military discharge" includes discharges from the Armed Forces of the United States, their Reserve components, or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable". (Q) Unlawful discrimination. "Unlawful discrimination" means discrimination against a person because of his or her actual or perceived: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service as those terms are defined in this Section. (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, eff. 1-1-25.) |
(775 ILCS 5/Art. 2 heading) ARTICLE 2.
EMPLOYMENT
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(775 ILCS 5/2-101) (Text of Section from P.A. 102-1030) Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Article. (A) Employee. (1) "Employee" includes: (a) Any individual performing services for | ||
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(b) An apprentice; (c) An applicant for any apprenticeship. For purposes of subsection (D) of Section 2-102 of | ||
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(i) the employer is not committed to hiring the | ||
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(ii) the employer and the person performing the | ||
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(iii) the work performed: (I) supplements training given in an | ||
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(II) provides experience for the benefit of | ||
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(III) does not displace regular employees; (IV) is performed under the close supervision | ||
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(V) provides no immediate advantage to the | ||
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(2) "Employee" does not include: (a) (Blank); (b) Individuals employed by persons who are not | ||
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(c) Elected public officials or the members of | ||
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(d) Principal administrative officers of the | ||
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(e) A person in a vocational rehabilitation | ||
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(B) Employer. (1) "Employer" includes: (a) Any person employing one or more employees | ||
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(b) Any person employing one or more employees | ||
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(c) The State and any political subdivision, | ||
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(d) Any party to a public contract without regard | ||
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(e) A joint apprenticeship or training committee | ||
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(2) "Employer" does not include any place of worship, | ||
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(C) Employment Agency. "Employment Agency" includes both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees. (D) Labor Organization. "Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. (E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties. (E-1) Harassment. "Harassment" means any unwelcome conduct on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, or work authorization status that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties. (F) Religion. "Religion" with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision. (H) Public Employee. "Public employee" means an employee of the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. "Public employee" does not include public officers or employees of the General Assembly or agencies thereof. (I) Public Officer. "Public officer" means a person who is elected to office pursuant to the Constitution or a statute or ordinance, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. (J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and currently valid employer report form, pursuant to the Department's regulations. The provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its departments, agencies, boards, and commissions, and the provisions do not apply to bids on contracts with units of local government or school districts. (K) Citizenship Status. "Citizenship status" means the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or (4) a person born outside the United States and not a | ||
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(L) Work Authorization Status. "Work authorization status" means the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States.(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. 5-27-22.) (Text of Section from P.A. 103-797) Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Article. (A) Employee. (1) "Employee" includes: (a) Any individual performing services for | ||
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(b) An apprentice; (c) An applicant for any apprenticeship. For purposes of subsection (D) of Section 2-102 of | ||
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(i) the employer is not committed to hiring the | ||
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(ii) the employer and the person performing the | ||
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(iii) the work performed: (I) supplements training given in an | ||
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(II) provides experience for the benefit of | ||
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(III) does not displace regular employees; (IV) is performed under the close supervision | ||
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(V) provides no immediate advantage to the | ||
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(2) "Employee" does not include: (a) (Blank); (b) Individuals employed by persons who are not | ||
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(c) Elected public officials or the members of | ||
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(d) Principal administrative officers of the | ||
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(e) A person in a vocational rehabilitation | ||
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(B) Employer. (1) "Employer" includes: (a) Any person employing one or more employees | ||
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(b) Any person employing one or more employees | ||
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(c) The State and any political subdivision, | ||
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(d) Any party to a public contract without regard | ||
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(e) A joint apprenticeship or training committee | ||
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(2) "Employer" does not include any place of worship, | ||
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(C) Employment Agency. "Employment Agency" includes both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees. (D) Labor Organization. "Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. (E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties. (E-1) Harassment. "Harassment" means any unwelcome conduct on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, work authorization status, or family responsibilities that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties. (F) Religion. "Religion" with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision. (H) Public Employee. "Public employee" means an employee of the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. "Public employee" does not include public officers or employees of the General Assembly or agencies thereof. (I) Public Officer. "Public officer" means a person who is elected to office pursuant to the Constitution or a statute or ordinance, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. (J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and currently valid employer report form, pursuant to the Department's regulations. The provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its departments, agencies, boards, and commissions, and the provisions do not apply to bids on contracts with units of local government or school districts. (K) Citizenship Status. "Citizenship status" means the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or (4) a person born outside the United States and not a | ||
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(L) Work Authorization Status. "Work authorization status" means the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States. (M) Family Responsibilities. "Family responsibilities" means an employee's actual or perceived provision of personal care to a family member. As used in this definition: (1) "Personal care" has the meaning given to that | ||
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(2) "Family member" has the meaning given to the term | ||
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(Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25.) (Text of Section from P.A. 103-804) Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Article. (A) Employee. (1) "Employee" includes: (a) Any individual performing services for | ||
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(b) An apprentice; (c) An applicant for any apprenticeship. For purposes of subsection (D) of Section 2-102 of | ||
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(i) the employer is not committed to hiring the | ||
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(ii) the employer and the person performing the | ||
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(iii) the work performed: (I) supplements training given in an | ||
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(II) provides experience for the benefit of | ||
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(III) does not displace regular employees; (IV) is performed under the close supervision | ||
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(V) provides no immediate advantage to the | ||
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(2) "Employee" does not include: (a) (Blank); (b) Individuals employed by persons who are not | ||
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(c) Elected public officials or the members of | ||
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(d) Principal administrative officers of the | ||
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(e) A person in a vocational rehabilitation | ||
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(B) Employer. (1) "Employer" includes: (a) Any person employing one or more employees | ||
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(b) Any person employing one or more employees | ||
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(c) The State and any political subdivision, | ||
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(d) Any party to a public contract without regard | ||
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(e) A joint apprenticeship or training committee | ||
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(2) "Employer" does not include any place of worship, | ||
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(C) Employment Agency. "Employment Agency" includes both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees. (D) Labor Organization. "Labor Organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. (E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties. (E-1) Harassment. "Harassment" means any unwelcome conduct on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, or work authorization status that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties. (F) Religion. "Religion" with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision. (H) Public Employee. "Public employee" means an employee of the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. "Public employee" does not include public officers or employees of the General Assembly or agencies thereof. (I) Public Officer. "Public officer" means a person who is elected to office pursuant to the Constitution or a statute or ordinance, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by the Constitution or a statute or ordinance, to discharge a public duty for the State, agency or department thereof, unit of local government, school district, instrumentality or political subdivision. (J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and currently valid employer report form, pursuant to the Department's regulations. The provisions of this Article relating to eligible bidders apply only to bids on contracts with the State and its departments, agencies, boards, and commissions, and the provisions do not apply to bids on contracts with units of local government or school districts. (K) Citizenship Status. "Citizenship status" means the status of being: (1) a born U.S. citizen; (2) a naturalized U.S. citizen; (3) a U.S. national; or (4) a person born outside the United States and not a | ||
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(L) Work Authorization Status. "Work authorization status" means the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States. (M) Artificial Intelligence. "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence. (N) Generative Artificial Intelligence. "Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means. (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. 5-27-22; 103-804, eff. 1-1-26.) |
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102) (Text of Section from P.A. 102-233) Sec. 2-102. Civil rights violations - employment. It is a civil rights violation: (A) Employers. For any employer to refuse to hire, to | ||
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(A-5) Language. For an employer to impose a | ||
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For the purposes of this subdivision (A-5), | ||
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(A-10) Harassment of nonemployees. For any employer, | ||
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(B) Employment agency. For any employment agency to | ||
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(C) Labor organization. For any labor organization to | ||
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(D) Sexual harassment. For any employer, employee, | ||
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(D-5) Sexual harassment of nonemployees. For any | ||
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(E) Public employers. For any public employer to | ||
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(E-5) Religious discrimination. For any employer to | ||
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Nothing in this Section prohibits an employer from | ||
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(F) Training and apprenticeship programs. For any | ||
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(G) Immigration-related practices. (1) for an employer to request for purposes of | ||
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(2) for an employer participating in the E-Verify | ||
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(H) (Blank). (I) Pregnancy. For an employer to refuse to hire, to | ||
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(J) Pregnancy; reasonable accommodations. (1) If after a job applicant or employee, | ||
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(2) For an employer to deny employment | ||
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(3) For an employer to require a job applicant or | ||
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(4) For an employer to require an employee, | ||
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For the purposes of this subdivision (J), "reasonable | ||
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For the purposes of this subdivision (J), "undue | ||
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No employer is required by this subdivision (J) to | ||
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(K) Notice. (1) For an employer to fail to post or keep | ||
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(2) Upon notification of a violation of paragraph | ||
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(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) (Text of Section from P.A. 103-797) Sec. 2-102. Civil rights violations - employment. It is a civil rights violation: (A) Employers. For any employer to refuse to hire, to | ||
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(A-5) Language. For an employer to impose a | ||
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For the purposes of this subdivision (A-5), | ||
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(A-10) Harassment of nonemployees. For any employer, | ||
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(B) Employment agency. For any employment agency to | ||
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(C) Labor organization. For any labor organization to | ||
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(D) Sexual harassment. For any employer, employee, | ||
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(D-5) Sexual harassment of nonemployees. For any | ||
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(E) Public employers. For any public employer to | ||
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(E-5) Religious discrimination. For any employer to | ||
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Nothing in this Section prohibits an employer from | ||
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(F) Training and apprenticeship programs. For any | ||
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(G) Immigration-related practices. (1) for an employer to request for purposes of | ||
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(2) for an employer participating in the E-Verify | ||
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(H) (Blank). (I) Pregnancy. For an employer to refuse to hire, to | ||
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(J) Pregnancy; reasonable accommodations. (1) If after a job applicant or employee, | ||
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(2) For an employer to deny employment | ||
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(3) For an employer to require a job applicant or | ||
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(4) For an employer to require an employee, | ||
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For the purposes of this subdivision (J), "reasonable | ||
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For the purposes of this subdivision (J), "undue | ||
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No employer is required by this subdivision (J) to | ||
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(K) Notice. (1) For an employer to fail to post or keep | ||
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(2) Upon notification of a violation of paragraph | ||
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(Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25.) (Text of Section from P.A. 103-804) Sec. 2-102. Civil rights violations - employment. It is a civil rights violation: (A) Employers. For any employer to refuse to hire, to | ||
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(A-5) Language. For an employer to impose a | ||
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For the purposes of this subdivision (A-5), | ||
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(A-10) Harassment of nonemployees. For any employer, | ||
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(B) Employment agency. For any employment agency to | ||
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(C) Labor organization. For any labor organization to | ||
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(D) Sexual harassment. For any employer, employee, | ||
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(D-5) Sexual harassment of nonemployees. For any | ||
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(E) Public employers. For any public employer to | ||
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(E-5) Religious discrimination. For any employer to | ||
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Nothing in this Section prohibits an employer from | ||
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(F) Training and apprenticeship programs. For any | ||
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(G) Immigration-related practices. (1) for an employer to request for purposes of | ||
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(2) for an employer participating in the E-Verify | ||
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(H) (Blank). (I) Pregnancy. For an employer to refuse to hire, to | ||
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(J) Pregnancy; reasonable accommodations. (1) If after a job applicant or employee, | ||
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(2) For an employer to deny employment | ||
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(3) For an employer to require a job applicant or | ||
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(4) For an employer to require an employee, | ||
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For the purposes of this subdivision (J), "reasonable | ||
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For the purposes of this subdivision (J), "undue | ||
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No employer is required by this subdivision (J) to | ||
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(K) Notice. (1) For an employer to fail to post or keep | ||
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(2) Upon notification of a violation of paragraph | ||
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(L) Use of artificial intelligence. (1) With respect to recruitment, hiring, | ||
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(2) For an employer to fail to provide notice to | ||
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The Department shall adopt any rules necessary for | ||
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(Source: P.A. 102-233, eff. 8-2-21; 103-804, eff. 1-1-26.) |
(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
Sec. 2-103. Arrest record.
(A) Unless otherwise authorized by law,
it is a civil rights violation for any
employer, employment agency or labor organization to inquire
into or to use an arrest
record, as defined under subsection (B-5) of Section 1-103, as a basis to
refuse to hire, to segregate, or to act
with respect to recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge, discipline, tenure or
terms, privileges or conditions of employment. This Section
does not prohibit a State agency, unit of local government or school
district, or private organization from requesting or utilizing sealed felony
conviction information obtained from the Illinois State Police under
the provisions of Section 3 of the
Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications
and character of an employee or a prospective employee.
(B) The prohibition against the use of an arrest record, as defined under paragraph (1) of subsection (B-5) of Section 1-103, contained in
this Act shall not be construed to prohibit an employer, employment agency,
or labor organization from obtaining or using other information which indicates
that a person actually engaged in the conduct for which he or she was
arrested.
(Source: P.A. 101-565, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
(775 ILCS 5/2-103.1) Sec. 2-103.1. Conviction record. (A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to use a conviction record, as defined under subsection (G-5) of Section 1-103, as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment (whether "disqualification" or "adverse action"), unless: (1) there is a substantial relationship between one | ||
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(2) the granting or continuation of the employment | ||
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For the purposes of this subsection (A), "substantial relationship" means a consideration of whether the employment position offers the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conduct for which the person was convicted will recur in the employment position. (B) Factors considered. In making a determination pursuant to subsection (A), the employer shall consider the following factors: (1) the length of time since the conviction; (2) the number of convictions that appear on the | ||
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(3) the nature and severity of the conviction and its | ||
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(4) the facts or circumstances surrounding the | ||
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(5) the age of the employee at the time of the | ||
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(6) evidence of rehabilitation efforts. (C) Interactive assessment required for disqualifying conviction. If, after considering the mitigating factors in subsection (B), the employer makes a preliminary decision that the employee's conviction record disqualifies the employee, the employer shall notify the employee of this preliminary decision in writing. (1) Notification. The notification shall contain all | ||
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(a) notice of the disqualifying conviction or | ||
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(b) a copy of the conviction history report, if | ||
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(c) an explanation of the employee's right to | ||
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(2) Employee response. The employee shall have at | ||
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(3) Final decision. The employer shall consider | ||
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(a) notice of the disqualifying conviction or | ||
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(b) any existing procedure the employer has for | ||
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(c) the right to file a charge with the | ||
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(Source: P.A. 101-656, eff. 3-23-21.) |
(775 ILCS 5/2-104) (from Ch. 68, par. 2-104) Sec. 2-104. Exemptions. (A) Nothing contained in this Act shall prohibit an employer, employment agency, or labor organization from: (1) Bona Fide Qualification. Hiring or selecting | ||
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(2) Veterans. Giving preferential treatment to | ||
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(3) Unfavorable Discharge From Military Service. (a) Using unfavorable discharge from military | ||
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(b) Participating in a bona fide recruiting | ||
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(4) Ability Tests. Giving or acting upon the results | ||
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(5) Merit and Retirement Systems. (a) Applying different standards of compensation, | ||
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(b) Effecting compulsory retirement of any | ||
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(c) Until January 1, 1994, effecting compulsory | ||
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(6) Training and Apprenticeship programs. | ||
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(7) Police and Firefighter/Paramedic Retirement. | ||
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(a) the age of retirement in effect under | ||
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(b) if the applicable State or local law was | ||
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This paragraph (7) shall not apply with respect to | ||
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(8) Police and Firefighter/Paramedic Appointment. | ||
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(a) the age of hiring or appointment in effect | ||
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(b) the age of hiring in effect on the date of | ||
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As used in paragraph (7) or (8): "Firefighter/paramedic" means an employee, the duties | ||
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"Law enforcement officer" means an employee, the | ||
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(9) Citizenship Status. Making legitimate | ||
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(B) With respect to any employee who is subject to a collective bargaining agreement: (a) which is in effect on June 30, 1986, (b) which terminates after January 1, 1987, (c) any provision of which was entered into by a | ||
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(d) which contains any provision that would be | ||
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Public Act 85-748 shall not apply until the termination of such collective bargaining agreement or January 1, 1990, whichever occurs first. (C)(1) For purposes of this Act, the term "disability" shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when an employer acts on the basis of such use. (2) Paragraph (1) shall not apply where an employee or applicant for employment: (a) has successfully completed a supervised drug | ||
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(b) is participating in a supervised rehabilitation | ||
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(c) is erroneously regarded as engaging in such use, | ||
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It shall not be a violation of this Act for an employer to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subparagraph (a) or (b) is no longer engaging in the illegal use of drugs. (3) An employer: (a) may prohibit the illegal use of drugs and the use | ||
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(b) may require that employees shall not be under the | ||
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(c) may require that employees behave in conformance | ||
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(d) may hold an employee who engages in the illegal | ||
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(e) may, with respect to federal regulations | ||
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(i) employees comply with the standards | ||
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(ii) employees comply with the standards | ||
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(iii) employees comply with the standards | ||
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(4) For purposes of this Act, a test to determine the illegal use of drugs shall not be considered a medical examination. Nothing in this Act shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results. (5) Nothing in this Act shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by an employer subject to the jurisdiction of the United States Department of Transportation of authority to: (a) test employees of such employer in, and | ||
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(b) remove such persons who test positive for illegal | ||
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(D) Nothing contained in this Act shall require an employer to sponsor, either monetarily or otherwise, any applicant or employee to obtain or modify work authorization status, unless otherwise required by federal law. (E) Nothing contained in this Act may be construed to obligate an employer, employment agency, or labor organization to make accommodations or modifications to reasonable workplace rules or policies for an employee based on family responsibilities, including accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits, as long as its rules or policies are applied in accordance with this Act. Further, nothing contained in this Act prevents an employer from taking adverse action or otherwise enforcing reasonable workplace rules or policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits against an employee with family responsibilities as long as its policies are applied in accordance with this Act. (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25.) |
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative Action.
(A) Public Contracts. Every party to a public contract and every
eligible bidder shall:
(1) Refrain from unlawful discrimination and | ||
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(2) Comply with the procedures and requirements of | ||
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(3) Provide such information, with respect to its | ||
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(4) Have written sexual harassment policies that | ||
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The Department, by rule, shall establish a reasonable opportunity to cure any noncompliance with this subsection by a bidder prior to the awarding of a contract. (B) State Agencies. Every State executive department, State agency,
board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of | ||
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(2) Provide such information and assistance as the | ||
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(3) Establish, maintain, and carry out a continuing | ||
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This plan shall include a current detailed status | ||
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(a) indicating, by each position in State | ||
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(b) identifying all positions in which the | ||
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(c) specifying the goals and methods for | ||
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(d) indicating progress and problems toward | ||
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(e) establishing a numerical hiring goal for the | ||
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(4) If the agency has 1000 or more employees, appoint | ||
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(a) Advising the head of the particular State | ||
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(b) Evaluating in writing each fiscal year the | ||
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(c) Making changes in recruitment, training and | ||
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(d) Evaluating tests, employment policies, | ||
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(e) Making any aggrieved employee or applicant | ||
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In any meeting, investigation, negotiation, | ||
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(5) Establish, maintain, and carry out a continuing | ||
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(a) Develop a written sexual harassment policy | ||
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(b) Post in a prominent and accessible location | ||
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(c) Provide training on sexual harassment | ||
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(6) Notify the Department 30 days before effecting | ||
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(a) No layoff may be effective earlier than 10 | ||
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(b) The State executive department, State agency, | ||
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(c) The State executive department, State agency, | ||
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(d) The State executive department, State agency, | ||
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As used in this subsection (B), "disability" shall be defined in
rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation for any
public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or | ||
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(2) fail to comply with the public contractor's or | ||
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(D) As used in this Section: (1) "American Indian or Alaska Native" means a person | ||
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(2) "Asian" means a person having origins in any of | ||
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(3) "Black or African American" means a person having | ||
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(4) "Hispanic or Latino" means a person of Cuban, | ||
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(5) "Native Hawaiian or Other Pacific Islander" means | ||
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(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)
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(775 ILCS 5/2-106) Sec. 2-106. Interagency Committee on Employees with
Disabilities. (A) As used in this Section: "State agency" means all officers, boards, commissions, and agencies created by the Constitution in the executive branch; all officers, departments, boards, commissions, agencies, institutions, authorities, universities, bodies politic and corporate of the State; and administrative units or corporate outgrowths of the State government which are created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor. "State employee" means an employee of a State agency. (B) The Interagency Committee on Employees with
Disabilities, created under repealed Section 19a of the Personnel Code, is continued as set forth in this Section. The Committee is composed of 18 members as follows: the Chairperson of the Civil
Service Commission or his or her designee, the Director of Veterans' Affairs or his or her designee, the
Director of Central Management Services or his or her designee, the Secretary of Human Services or his or her designee, the
Director of Human Rights or his or her designee, the Director of the Illinois Council on Developmental Disabilities or his or her designee, the Lieutenant Governor or his or her designee, the Attorney General or his or her designee, the Secretary of State or his or her designee, the State Comptroller or his or her designee, the State Treasurer or his or her designee, and 7 State employees with disabilities appointed by and
serving at the pleasure of the Governor. (C) The Director of Human Rights and the Secretary of Human
Services shall serve as
co-chairpersons of the Committee. The Committee shall meet as often as it
deems necessary, but in no case less than 6 times annually at the call of the
co-chairpersons. Notice shall be given to the members in writing in advance of
a scheduled meeting. (D) The Department of Human Rights shall provide administrative support to the Committee. (E) The purposes and functions of the Committee are: (1) to provide a
forum where problems of general concern to State employees with
disabilities can be raised and methods of their resolution can be suggested
to the appropriate State agencies; (2) to provide a
clearinghouse of information for State employees with disabilities by
working with those agencies to develop and retain such information; (3) to
promote affirmative action efforts pertaining to the employment of
persons with disabilities by State agencies; and (4) to recommend, where
appropriate, means of strengthening the affirmative action programs for
employees with disabilities in State agencies. (F) The Committee
shall annually make
a complete report to the General Assembly on the Committee's achievements
and accomplishments. Such report may also include an evaluation by the
Committee of the effectiveness of the hiring and advancement practices in
State government. (G) This amendatory Act of the 99th General Assembly is not intended to
disqualify any current member of the Committee from continued membership
on the Committee in accordance with the terms of this Section or the member's
appointment.
(Source: P.A. 99-314, eff. 8-7-15.) |
(775 ILCS 5/2-107) Sec. 2-107. Helpline to report sexual harassment and discrimination. (a) The Department shall, no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly, establish and maintain a sexual harassment and discrimination helpline. The Department shall help persons who contact the Department through the helpline find necessary resources, including counseling services, and assist in the filing of sexual harassment and discrimination complaints with the Department or other applicable agencies. The Department may recommend individual seek private counsel, but shall not make recommendations for legal representation. The helpline shall provide the means through which persons may anonymously report sexual harassment and discrimination in both private and public places of employment. In the case of a report of sexual harassment and discrimination by a person subject to Article 20 or 25 of the State Officials and Employees Ethics Act, the Department shall, with the permission of the reporting individual, report the allegations to the Executive Inspector General or Legislative Inspector General for further investigation. (b) The Department shall advertise the helpline on its website and in materials related to sexual harassment and discrimination, including posters made available to the public, and encourage reporting by both those who are subject to sexual harassment and discrimination and those who have witnessed it. (c) All communications received by the Department via the helpline or Internet communication shall remain confidential and shall be exempt from disclosure under the Freedom of Information Act. (d) As used in this Section, "helpline" means a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment and discrimination. (e) The Department shall annually evaluate the helpline and report to the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct, the following information:
(i) the total number of calls received, including messages left during non-business hours;
(ii) the number of calls reporting sexual discrimination claims;
(iii) the number of calls reporting harassment claims;
(iv) the number of calls reporting sexual harassment claims;
(v) the number of calls that were referred to each Executive Inspector General; and
(vi) the number of calls that were referred to the Legislative Inspector General.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.) |
(775 ILCS 5/2-108) (Section scheduled to be repealed on January 1, 2030) Sec. 2-108. Employer disclosure requirements. (A) Definitions. The following definitions are applicable strictly to this Section: (1) "Employer" means: (a) any person employing one or more employees | ||
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(b) a labor organization; or (c) the State and any political subdivision, | ||
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(2) "Settlement" means any written commitment or | ||
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(3) "Adverse judgment or administrative ruling" means | ||
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(B) Required disclosures. Beginning July 1, 2020, and by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling against it in the preceding calendar year, as provided in this Section, shall disclose annually to the Department of Human Rights the following information: (1) the total number of adverse judgments or | ||
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(2) whether any equitable relief was ordered against | ||
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(3) how many adverse judgments or administrative | ||
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(a) sexual harassment; (b) discrimination or harassment on the basis of | ||
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(c) discrimination or harassment on the basis of | ||
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(d) discrimination or harassment on the basis of | ||
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(e) discrimination or harassment on the basis of | ||
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(f) discrimination or harassment on the basis of | ||
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(g) discrimination or harassment on the basis of | ||
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(h) discrimination or harassment on the basis of | ||
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(i) discrimination or harassment on the basis of | ||
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(C) Settlements. If the Department is investigating a charge filed pursuant to this Act, the Department may request the employer responding to the charge to submit the total number of settlements entered into during the preceding 5 years, or less at the direction of the Department, that relate to any alleged act of sexual harassment or unlawful discrimination that: (1) occurred in the workplace of the employer; or (2) involved the behavior of an employee of the | ||
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The total number of settlements entered into during the requested period shall be reported along with how many settlements are in each of the following categories, when requested by the Department pursuant to this subsection: (a) sexual harassment; (b) discrimination or harassment on the basis of sex; (c) discrimination or harassment on the basis of | ||
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(d) discrimination or harassment on the basis of | ||
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(e) discrimination or harassment on the basis of age; (f) discrimination or harassment on the basis of | ||
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(g) discrimination or harassment on the basis of | ||
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(h) discrimination or harassment on the basis of | ||
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(i) discrimination or harassment on the basis of any | ||
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The Department shall not rely on the existence of any settlement agreement to support a finding of substantial evidence under this Act. (D) Prohibited disclosures. An employer may not disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required under this Section. (E) Annual report. The Department shall publish an annual report aggregating the information reported by employers under subsection (B) of this Section such that no individual employer data is available to the public. The report shall include the number of adverse judgments or administrative rulings filed during the preceding calendar year based on each of the protected classes identified by this Act. The report shall be filed with the General Assembly and made available to the public by December 31 of each reporting year. Data submitted by an employer to comply with this Section is confidential and exempt from the Freedom of Information Act. (F) Failure to report and penalties. If an employer fails to make any disclosures required under this Section, the Department shall issue a notice to show cause giving the employer 30 days to disclose the required information. If the employer does not make the required disclosures within 30 days, the Department shall petition the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights' Training and Development Fund. (G) Rules. The Department shall adopt any rules it deems necessary for implementation of this Section. (H) This Section is repealed on January 1, 2030.
(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(775 ILCS 5/2-109) Sec. 2-109. Sexual harassment prevention training. (A) The General Assembly finds that the organizational tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile environment for employees, reducing productivity, and increasing legal liability. It is the General Assembly's intent to encourage employers to adopt and actively implement policies to ensure their workplaces are safe for employees to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities. (B) The Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. The model program shall be made available to employers and to the public online at no cost. This model program shall include, at a minimum, the following: (1) an explanation of sexual harassment consistent | ||
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(2) examples of conduct that constitutes unlawful | ||
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(3) a summary of relevant federal and State statutory | ||
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(4) a summary of responsibilities of employers in the | ||
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(C) Except for those employers subject to the requirements of Section 5-10.5 of the State Officials and Employees Ethics Act, every employer with employees working in this State shall use the model sexual harassment prevention training program created by the Department or establish its own sexual harassment prevention training program that equals or exceeds the minimum standards in subsection (B). The sexual harassment prevention training shall be provided at least once a year to all employees. For the purposes of satisfying the requirements under this Section, the Department's model sexual harassment prevention training program may be used to supplement any existing program an employer is utilizing or develops. (D) If an employer violates this Section, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.
(Source: P.A. 101-221, eff. 1-1-20.) |
(775 ILCS 5/2-110) Sec. 2-110. Restaurants and bars; sexual harassment prevention. (A) As used in this Section: "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises, including, but not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets. "Manager" means a person responsible for the hiring and firing of employees, including, but not limited to, a general manager, owner, head chef, or other non-tipped employee with duties managing the operation, inventory, safety, and personnel of a restaurant or bar. "Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption, including, but not limited to, restaurants, coffee shops, cafeterias, and sandwich stands that give or offer for sale food to the public, guests, or employees, and kitchen or catering facilities in which food is prepared on the premises for serving elsewhere. (B) Every restaurant and bar operating in this State must have a sexual harassment policy provided to all employees, in writing, within the first calendar week of the employee's employment. The policy shall include: (1) a prohibition on sexual harassment; (2) the definition of sexual harassment under the | ||
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(3) details on how an individual can report an | ||
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(4) an explanation of the internal complaint process | ||
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(5) how to contact and file a charge with the | ||
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(6) a prohibition on retaliation for reporting sexual | ||
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(7) a requirement that all employees participate in | ||
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The policy shall be made available in English and Spanish. (C) In addition to the model sexual harassment prevention training program produced by the Department in Section 2-109, the Department shall develop a supplemental model training program in consultation with industry professionals specifically aimed at the prevention of sexual harassment in the restaurant and bar industry. The supplemental model program shall be made available to all restaurants and bars and the public online at no cost. The training shall include: (1) specific conduct, activities, or videos related | ||
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(2) an explanation of manager liability and | ||
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(3) English and Spanish language options. (D) Every restaurant and bar that is an employer under this Act shall use the supplemental model training program or establish its own supplemental model training program that equals or exceeds the requirements of subsection (C). The supplemental training program shall be provided at least once a year to all employees, regardless of employment classification. For the purposes of satisfying the requirements under this Section, this supplemental training may be done in conjunction or at the same time as any training that complies with Section 2-109. (E) If a restaurant or bar that is an employer under this Act violates this Section 2-110, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.
(Source: P.A. 101-221, eff. 1-1-20.) |
(775 ILCS 5/Art. 3 heading) ARTICLE 3.
REAL ESTATE TRANSACTIONS
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(775 ILCS 5/3-101) (from Ch. 68, par. 3-101) Sec. 3-101. Definitions. The following definitions are applicable strictly in the context of this Article: (A) Real Property. "Real property" includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. (B) Real Estate Transaction. "Real estate transaction" includes the sale, exchange, rental or lease of real property, or any act that otherwise makes available such a transaction or alters a person's rights to real property. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance: (1) for purchasing, constructing, improving, | ||
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(2) secured by residential real estate. (C) Housing Accommodations. "Housing accommodation" includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals. (D) Real Estate Broker or Salesman. "Real estate broker or salesman" means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds oneself out as engaged in these. (E) Familial Status. "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with: (1) a parent or person having legal custody of such | ||
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(2) the designee of such parent or other person | ||
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The protections afforded by this Article against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (F) Conciliation. "Conciliation" means the attempted resolution of issues raised by a charge, or by the investigation of such charge, through informal negotiations involving the aggrieved party, the respondent and the Department. (G) Conciliation Agreement. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. (H) Covered Multifamily Dwellings. As used in Section 3-102.1, "covered multifamily dwellings" means: (1) buildings consisting of 4 or more units if such | ||
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(2) ground floor units in other buildings consisting | ||
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(I) Immigration Status. "Immigration status" means a person's actual or perceived citizenship or immigration status. (Source: P.A. 103-232, eff. 1-1-24; 103-859, eff. 1-1-25.) |
(775 ILCS 5/3-102) (from Ch. 68, par. 3-102) Sec. 3-102. Civil rights violations; real estate transactions and other prohibited acts. It is a civil rights violation for an owner or any other person, or for a real estate broker or salesman, because of unlawful discrimination, familial status, immigration status, source of income, or an arrest record, as defined under subsection (B-5) of Section 1-103, to: (A) Transactions. Refuse to engage in a real estate | ||
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(B) Terms. Alter the terms, conditions or privileges | ||
| ||
(C) Offers. Refuse to receive or to fail to transmit | ||
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(D) Negotiation. Refuse to negotiate a real estate | ||
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(E) Representations. Represent to a person that real | ||
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(F) Publication of Intent. Make, print, circulate, | ||
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(G) Listings. Offer, solicit, accept, use or retain a | ||
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(H) Criteria. Use criteria or methods that have the | ||
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(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24; 103-859, eff. 1-1-25.) |
(775 ILCS 5/3-102.1) (from Ch. 68, par. 3-102.1)
Sec. 3-102.1. Disability. (A) It is a civil rights violation to refuse
to sell or rent or to otherwise
make unavailable or deny a dwelling to any buyer or renter because of a
disability of that buyer or renter, a disability of a person residing or intending
to reside in that dwelling after it is sold, rented or made available or
a disability of any person associated with the buyer or renter.
(B) It is a civil rights violation to alter the terms, conditions or privileges
of sale or rental of a dwelling or the provision of services or facilities
in connection with such dwelling because of a disability of a person with a disability
or a disability of any person residing or intending to reside in that dwelling
after it is sold, rented or made available, or a disability of any person associated
with that person.
(C) It is a civil rights violation:
(1) to refuse to permit, at the expense of the | ||
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(2) to refuse to make reasonable accommodations in | ||
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(3) in connection with the design and construction of | ||
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(a) the public use and common use portions of | ||
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(b) all the doors designed to allow passage into | ||
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(c) all premises within such dwellings contain | ||
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(i) an accessible route into and through the | ||
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(ii) light switches, electrical outlets, | ||
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(iii) reinforcements in bathroom walls to | ||
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(iv) usable kitchens and bathrooms such that | ||
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(D) Compliance with the appropriate standards of the Illinois Accessibility
Code for adaptable dwelling units (71 Illinois Administrative Code Section 400.350 (e)
1-6) suffices to satisfy the requirements of subsection (C)(3)(c).
(E) If a unit of local government has incorporated into its law the
requirements set forth in subsection (C)(3), compliance
with its law shall be deemed to satisfy the requirements of that subsection.
(F) A unit of local government may review and approve newly constructed
covered multifamily dwellings for the purpose of making determinations as
to whether the design and construction requirements
of subsection (C)(3) are met.
(G) The Department shall encourage, but may not require, units of local
government to include in their existing procedures for the review and
approval of newly constructed covered multifamily dwellings, determinations
as to whether the design and construction of such dwellings are consistent
with subsection (C)(3), and shall provide technical
assistance to units of local government and other persons to implement the
requirements of subsection (C)(3).
(H) Nothing in this Act shall be construed to require the Department
to review or approve the plans, designs or construction of all covered
multifamily dwellings to determine whether the design and construction of
such dwellings are consistent with the requirements of
subsection (C)(3).
(I) Nothing in subsections (E), (F), (G) or (H) shall be construed to
affect the authority
and responsibility of the Department to receive and
process complaints or otherwise engage in enforcement activities under
State and local law.
(J) Determinations by a unit of local government under subsections (E)
and (F) shall not be conclusive in enforcement proceedings under this Act
if those determinations are not in accord with the terms of this Act.
(K) Nothing in this Section requires that a dwelling be made available to
an individual whose tenancy would constitute a direct threat to the health
or safety of others or would result in substantial physical damage to the
property of others.
(Source: P.A. 95-668, eff. 10-10-07.)
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(775 ILCS 5/3-102.5) Sec. 3-102.5. Unlawful activity. The prohibition against the use of an arrest record under Section 3-102 shall not preclude an owner or any other person engaging in a real estate transaction, or a real estate broker or salesman, from prohibiting the tenant, a member of the tenant's household, or a guest of the tenant from engaging in unlawful activity on the premises.
(Source: P.A. 101-565, eff. 1-1-20.) |
(775 ILCS 5/3-102.10) Sec. 3-102.10. Third-party loan modification service provider. (A) It is a civil rights violation for a third-party loan modification service provider, because of unlawful discrimination, familial status, immigration status, source of income, or an arrest record, to: (1) refuse to engage in loan modification services; (2) alter the terms, conditions, or privileges of | ||
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(3) discriminate in making such services available, | ||
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(B) For purposes of this Section, "third-party loan modification service provider" means a person or entity, whether licensed or not, who, for or with the expectation of receiving consideration, provides assistance or services to a loan borrower to obtain a modification to a term of an existing real estate loan or to obtain foreclosure relief. "Third-party loan modification service provider" does not include lenders, brokers or appraisers of mortgage loans, or the servicers, subsidiaries, affiliates, or agents of the lender.
(Source: P.A. 102-362, eff. 1-1-22; 103-232, eff. 1-1-24.) |
(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
Sec. 3-103. Blockbusting. It is a civil rights violation for any
person to:
(A) Solicitation. Solicit for sale, lease, listing | ||
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(B) Statements. Distribute or cause to be | ||
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(C) Creating Alarm. Intentionally create alarm, | ||
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(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
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(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
Sec. 3-104.1. Refusal to sell or rent because a person has a guide,
hearing or support dog. It is a civil rights violation for the
owner or agent of any housing accommodation to:
(A) refuse to sell or rent after the making of a bona | ||
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(B) discriminate against any blind or hearing | ||
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(C) require, because a blind or hearing impaired | ||
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(Source: P.A. 103-232, eff. 1-1-24.)
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(775 ILCS 5/3-105) (from Ch. 68, par. 3-105)
Sec. 3-105. Restrictive covenants. (A) Agreements. Every provision in an oral agreement or a written instrument
relating to real property which purports to forbid or restrict the conveyance,
encumbrance, occupancy, or lease thereof on the basis of race, color, religion,
or national origin is void.
(B) Limitations. (1) Every condition, restriction or prohibition, including
a right of entry or possibility of reverter, which directly or indirectly
limits the use or occupancy of real property on the basis of race, color,
religion, or national origin is void.
(2) This Section shall not apply to a limitation of use on the basis of
religion of real property held by a religious institution or organization
or by a religious or charitable organization operated, supervised, or controlled
by a religious institution or organization, and used for religious or charitable
purposes.
(C) Civil Rights Violations. It is a civil rights violation to insert
in a written instrument relating to real property a provision that is void
under this Section or to honor or attempt to honor such a provision in the
chain of title.
(Source: P.A. 99-642, eff. 7-28-16.)
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(775 ILCS 5/3-105.1) Sec. 3-105.1. Interference, coercion, or intimidation.
It is a civil rights violation to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Article 3.
(Source: P.A. 94-78, eff. 1-1-06.) |
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 shall
prohibit:
(A) Private Sales of Single Family Homes. (1) Any sale of a single family home by its owner so | ||
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(a) The owner does not own or have a beneficial | ||
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(b) The owner or a member of the owner's family | ||
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(c) The home is sold without the use in any | ||
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(d) The home is sold without the publication, | ||
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(2) This exemption does not apply to paragraph (F) of | ||
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(B) Apartments. Rental of a housing accommodation in a building
which contains housing accommodations for not more than 4 families
living independently of each other, if the owner resides in one of the housing accommodations.
This exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. Rental of a room or rooms in a private home by
an owner if the owner or a member of the owner's family resides therein or,
while absent for a period of not more than 12 months, if the owner or a
member of the owner's family intends to return to reside therein.
This exemption does not apply to paragraph (F) of Section 3-102.
(D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling.
(E) Religious Organizations. A religious organization, association,
or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or
occupancy of a dwelling which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin.
(F) Sex. Restricting the rental of rooms in a housing accommodation to
persons of one sex.
(G) Persons Convicted of Drug-Related Offenses.
Conduct against a person because such person has been convicted by
any court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
(H) Persons engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than those based on
unlawful discrimination or familial status or source of income in furnishing appraisals.
(H-1) The owner of an owner-occupied residential building with 4 or
fewer units (including the unit in which the owner resides) from making
decisions regarding whether to rent to a person based upon that person's
sexual orientation.
(I) Housing for Older Persons. No provision in this Article regarding
familial status shall apply with respect to housing for older persons.
(1) As used in this Section, "housing for older | ||
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(a) provided under any State or Federal program | ||
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(b) intended for, and solely occupied by, persons | ||
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(c) intended and operated for occupancy by | ||
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(i) at least 80% of the occupied units are | ||
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(ii) the housing facility or community | ||
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(iii) the housing facility or community | ||
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(aa) provide for verification by reliable | ||
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(bb) include examples of the types of | ||
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These surveys and affidavits shall be admissible in | ||
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(2) Housing shall not fail to meet the requirements | ||
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(a) persons residing in such housing as of the | ||
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(b) unoccupied units; provided, that such units | ||
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(3)(a) A person shall not be held personally liable | ||
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(b) For the purposes of this item (3), a person may | ||
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(i) the person has no actual knowledge that the | ||
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(ii) the facility or community has stated | ||
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(J) Child Sex Offender Refusal to Rent. Refusal of a child sex offender who owns and resides at residential real estate to rent any residential unit within the same building in which the child sex offender resides to a person who is the parent or guardian of a child or children under 18 years of age. (K) Arrest Records. Inquiry into or the use of an arrest record if the inquiry or use is otherwise authorized by State or federal law. (L) Financial Institutions. A financial institution as defined in Article 4 from considering source of income or immigration status in a real estate transaction in compliance with State or federal law. (M) Immigration Status. Inquiry into or the use of immigration status if the inquiry or use is in compliance with State or federal law. (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
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(775 ILCS 5/Art. 4 heading) ARTICLE 4.
FINANCIAL CREDIT
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(775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
Sec. 4-101. Definitions.
The following definitions are applicable strictly
in the context of this Article:
(A) Credit Card. "Credit card" has the meaning set forth in Section 17-0.5 of the Criminal Code of 2012.
(B) Financial Institution. "Financial institution" means any bank, credit
union, insurance company, mortgage banking company or savings and loan
association which operates or has a place of business in this State.
(C) Loan. "Loan" includes, but is not limited to, the providing of funds,
for consideration, which are sought for: (1) the purpose of purchasing,
constructing, improving, repairing, or maintaining a housing accommodation
as that term is defined in paragraph (C) of Section 3-101; or (2) any commercial or
industrial purposes.
(D) Varying Terms. "Varying the terms of a loan" includes, but is not
limited to, the following practices:
(1) Requiring a greater down payment than is usual | ||
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(2) Requiring a shorter period of amortization than | ||
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(3) Charging a higher interest rate than is usual for | ||
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(4) An under appraisal of real estate or other item | ||
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(775 ILCS 5/4-102) (from Ch. 68, par. 4-102)
Sec. 4-102.
Civil Rights Violations: Loans.
It shall be a civil rights
violation for any financial institution, on the grounds of unlawful discrimination, to:
(A) Denial of Services. Deny any person any of the services normally
offered by such an institution.
(B) Modification of Services. Provide any person with any service which
is different from, or provided in a different manner than, that which is
provided to other persons similarly situated.
(C) Loan Terms. Deny or vary the terms of a loan.
(D) Property Location. Deny or vary the terms of a loan on the basis
that a specific parcel of real estate offered as security is located in
a specific geographical area.
(E) Consideration of Income. Deny or vary the terms of a loan without
having considered all of the regular and dependable income of each person
who would be liable for repayment of the loan.
(F) Lending Standards. Utilize lending standards that have no economic
basis and which constitute unlawful discrimination.
(Source: P.A. 81-1216.)
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(775 ILCS 5/4-103) (from Ch. 68, par. 4-103)
Sec. 4-103.
Credit Cards.
It is a civil rights violation for a person
who offers credit cards to the public in this State:
(A) Denial. To refuse to issue a credit card, upon | ||
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(B) Reasons for Rejection. To fail to inform an | ||
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(Source: P.A. 81-1216.)
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(775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
Sec. 4-104. Exemptions. Nothing contained in this Article shall
prohibit:
(A) Sound Underwriting Practices. A financial | ||
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(1) The willingness and the financial ability of | ||
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(2) The market value of any real estate or other | ||
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(3) Diversification of the financial | ||
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(B) Credit-worthiness Information; Credit Systems. A | ||
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(1) making an inquiry of the applicant's age, | ||
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(2) using any empirically derived credit system | ||
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(C) Special Credit Programs. A financial institution | ||
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(1) credit assistance program expressly | ||
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(2) credit assistance program administered by a | ||
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(3) special purpose credit program offered by a | ||
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(Source: P.A. 100-201, eff. 8-18-17.)
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(775 ILCS 5/Art. 5 heading) ARTICLE 5.
PUBLIC ACCOMMODATIONS
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(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
Sec. 5-101. Definitions. The following definitions are applicable
strictly in the context of this Article:
(A) Place of Public Accommodation. "Place of public
accommodation" includes, but is not limited to:
(1) an inn, hotel, motel, or other place of lodging, | ||
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(2) a restaurant, bar, or other establishment serving | ||
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(3) a motion picture house, theater, concert hall, | ||
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(4) an auditorium, convention center, lecture hall, | ||
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(5) a bakery, grocery store, clothing store, hardware | ||
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(6) a laundromat, dry-cleaner, bank, barber shop, | ||
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(7) public conveyances on air, water, or land;
(8) a terminal, depot, or other station used for | ||
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(9) a museum, library, gallery, or other place of | ||
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(10) a park, zoo, amusement park, or other place of | ||
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(11) a non-sectarian nursery, day care center, | ||
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(12) a senior citizen center, homeless shelter, food | ||
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(13) a gymnasium, health spa, bowling alley, golf | ||
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(B) Operator. "Operator" means any owner, lessee, proprietor,
manager, superintendent, agent, or occupant of a place of public
accommodation or an employee of any such person or persons.
(C) Public Official. "Public official" means any officer or employee
of the state or any agency thereof, including state political subdivisions,
municipal corporations, park districts, forest preserve districts, educational
institutions, and schools.
(Source: P.A. 100-863, eff. 8-14-18.)
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(775 ILCS 5/5-102) (from Ch. 68, par. 5-102)
Sec. 5-102. Civil Rights Violations: Public Accommodations. It is a civil
rights violation for any person on the basis of unlawful discrimination to:
(A) Enjoyment of Facilities, Goods, and Services. Deny or refuse to another the full and equal
enjoyment of the facilities, goods, and services of any public place of accommodation;
(B) Written Communications. Directly or indirectly, as the operator of
a place of public accommodation, publish, circulate, display or mail any
written communication, except a private communication sent in response to
a specific inquiry, which the operator knows is to the effect that any of
the facilities of the place of public accommodation will be denied to any
person or that any person is
unwelcome, objectionable or unacceptable because of unlawful discrimination;
(C) Public Officials. Deny or refuse to another, as a public official,
the full and equal enjoyment of the accommodations, advantage, facilities
or privileges of the official's office or services or of any property under
the official's care because of unlawful discrimination.
(Source: P.A. 95-668, eff. 10-10-07.)
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(775 ILCS 5/5-102.1) Sec. 5-102.1. No Civil Rights Violation: Public Accommodations. (a) It is not a civil rights violation for a medical, dental, or other health care professional or a private professional service provider such as a lawyer, accountant, or insurance agent to refer or refuse to treat or provide services to an individual in a protected class for any non-discriminatory reason if, in the normal course of his or her operations or business, the professional would for the same reason refer or refuse to treat or provide services to an individual who is not in the protected class of the individual who seeks or
requires the same or similar treatment or services.
(b) With respect to a place of public accommodation defined in paragraph (11) of Section 5-101, the exercise of free speech, free expression, free exercise of religion or expression of religiously based views by any individual or group of individuals that is protected under the First Amendment to the United States Constitution or under Section 3 of Article I, or Section 4 of Article I, of the Illinois Constitution, shall not be a civil rights violation. (Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10.) |
(775 ILCS 5/5-102.2) Sec. 5-102.2. Jurisdiction limited. In regard to places of public accommodation defined in paragraph (11) of Section 5-101, jurisdiction under this Article is limited to: (1) the failure to enroll an individual; (2) the denial or refusal of full and equal enjoyment of facilities, goods, or services; or (3) severe or pervasive harassment of an individual when the covered entity fails to take corrective action to stop the severe or pervasive harassment. This limitation on jurisdiction set forth in this Section does not apply to civil rights violations under Article 2, 3, 4, 5A, or 6. (Source: P.A. 102-1102, eff. 1-1-23; 103-472, eff. 8-1-24.) |
(775 ILCS 5/5-103) (from Ch. 68, par. 5-103)
Sec. 5-103.
Exemption.
Nothing in this Article shall apply to:
(A) Private Club. A private club, or other establishment not in fact open
to the public, except to the extent that the goods, services, facilities,
privileges, advantages, or accommodations of the establishment are made
available to the customers or patrons of another establishment that is a
place of public accommodation.
(B) Facilities Distinctly Private. Any facility, as to discrimination
based on sex, which is distinctly private in nature such as restrooms, shower
rooms, bath houses, health clubs and other similar facilities for which
the Department, in its rules and regulations, may grant exemptions based
on bona fide considerations of public policy.
(C) Inn, Hotel, Rooming House. Any facility, as to discrimination based
on sex, which restricts the rental of rooms to individuals of one sex.
(Source: P.A. 85-567.)
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(775 ILCS 5/Art. 5A heading) ARTICLE 5A. ELEMENTARY, SECONDARY, AND HIGHER EDUCATION
(Source: P.A. 96-1319, eff. 7-27-10.) |
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education"
means: (1) a
publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a
designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or
higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an | ||
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(2) The educational performance required or expected | ||
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(3) The attendance or assignment requirements | ||
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(4) To what courses, fields of study or programs, | ||
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(5) What placement or course proficiency requirements | ||
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(6) The quality of instruction the student will | ||
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(7) What tuition or fee requirements are applicable | ||
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(8) What scholarship opportunities are available to | ||
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(9) What extracurricular teams the student will be a | ||
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(10) Any grade the student will receive in any | ||
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(11) The progress of the student toward successful | ||
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(12) What degree, if any, the student will receive.
(F) Harassment in Elementary, Secondary, or Higher Education. "Harassment in elementary, secondary, or higher education" means any unwelcome conduct by an elementary, secondary or higher education representative toward a student
on the basis of a student's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, or offensive educational environment. (G) Educational Environment. "Educational environment" includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law. (Source: P.A. 103-472, eff. 8-1-24.)
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(775 ILCS 5/5A-101.1) Sec. 5A-101.1. Notice. (A) Every institution of higher education covered by this Act shall post in a prominent and accessible location a poster stating sexual harassment laws and policies. The poster shall be (i) posted and kept posted at each campus in common area positions easily accessible to all students including, but not limited to residence halls, administration buildings, student unions, cafeterias, and libraries or (ii) posted annually at each campus in common area positions easily accessible to all students including, but not limited to, residence halls, administration buildings, student unions, cafeterias, and libraries, with an electronic copy of the sexual harassment laws and policies also sent to each student at the time that registration materials are emailed or (iii) on campuses that provide for online registration of student classes, such information pertaining to sexual harassment laws and policies may be incorporated into the registration process so that students must review the policies and laws and acknowledge such review, prior to being allowed to register. Documents to be posted shall be retrieved from the Illinois Department of Human Rights website to satisfy posting requirements. Posting of the posters shall be effectuated within 90 days of the effective date of this amendatory Act of the 96th General Assembly and shall occur annually thereafter. (B) The posted sexual harassment poster shall include, at a minimum, the following information: (i) the illegality of sexual harassment in higher education; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the institution's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights; (vi) directions on how to contact the Department; and (vii) protection against retaliation as provided by Sections 6-101 and 6-101.5 of this Act. (C) Upon notification of a failure to post, the Department of Human Rights may launch a preliminary investigation. If the Department finds a failure to post, the Department may issue a notice to show cause giving the institution 30 days to correct the failure to post. If the failure to post is not corrected, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 102-362, eff. 1-1-22.) |
(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
Sec. 5A-102. Civil Rights Violations-Elementary, Secondary, and Higher Education. It is a civil
rights violation:
(A) Sexual Harassment; Elementary, Secondary, or | ||
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(B) Sexual Harassment; Institution of Elementary, | ||
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(C) Harassment; Elementary, Secondary, or Higher | ||
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(D) Harassment; Institution of Elementary, Secondary, | ||
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(E) Failure to Report. For any school district | ||
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(F) Exemptions. Nothing in Article 5A shall be | ||
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(Source: P.A. 103-472, eff. 8-1-24.)
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(775 ILCS 5/5A-103) Sec. 5A-103. Discrimination and harassment based on race, color, or national origin; and retaliation. (a) The General Assembly finds that harassment and discrimination based on race, color, or national origin has a detrimental influence in schools, contributing to psychological and physical harm and poorer academic outcomes for students of color, and higher rates of teacher turnover among teachers of color. It is the General Assembly's intent that each institution of elementary and secondary education in the State adopt and actively implement policies to reduce and respond effectively to harassment and discrimination based on race, color, and national origin; to provide students, parents or guardians, and employees information on how to recognize and report harassment and discrimination; and, for students, parents or guardians, and employees, to report harassment and discrimination based on race, color, or national origin without fear of retaliation, loss of status, or loss of opportunities. (b) The Department shall produce a model training program aimed at the prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. The model program shall be made available to institutions of elementary and secondary education and to the public online at no cost. This model program shall regard participants as potential bystanders, rather than potential offenders, and include, at a minimum, the following: (1) a primary focus on preventing discrimination and | ||
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(2) an explanation of discrimination and harassment | ||
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(3) examples of conduct that constitutes | ||
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(4) an explanation, with examples, of how patterns of | ||
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(5) an explanation of the difference between | ||
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(6) a summary of other classes that are protected | ||
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(7) an explanation of the difference between | ||
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(8) a summary of relevant federal and State statutory | ||
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(a) students toward other students; (b) teachers and other employees of an elementary | ||
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(c) students toward teachers and other employees | ||
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(d) teachers and other employees of an elementary | ||
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(9) directions on how to contact the Department if a | ||
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(10) a summary of responsibilities of institutions of | ||
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(a) students toward other students; (b) teachers and other employees of an elementary | ||
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(c) students toward teachers and other employees | ||
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(d) teachers and other employees of an elementary | ||
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(11) an explanation of the liability for | ||
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(c) Every institution of elementary or secondary education in this State shall use the model training program developed by the Department, establish its own training program that equals or exceeds the minimum standards set forth in subsection (b), or use an existing discrimination and harassment prevention training program that equals or exceeds the minimum standards set forth in subsection (b). The training program shall be provided as a component of all new employee training programs for elementary and secondary education representatives and to existing representatives at least once every 2 years. For the purposes of satisfying the requirements under this Section, the Department's model program may be used to supplement any existing program an institution of elementary or secondary education is utilizing or develops. (d) Upon notification of a violation of subsection (c), the Department may launch a preliminary investigation. If the Department finds a violation of this Section, the Department may issue a notice to show cause, giving the institution of elementary or secondary education 30 days to correct the violation. If the institution of elementary or secondary education does not correct the violation within 30 days, the Department may initiate a charge of a civil rights violation.(Source: P.A. 103-472, eff. 8-1-24.) |
(775 ILCS 5/Art. 6 heading) ARTICLE 6.
ADDITIONAL CIVIL RIGHTS VIOLATIONS
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(775 ILCS 5/6-101) (from Ch. 68, par. 6-101) Sec. 6-101. Additional civil rights violations under Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for a person, or for 2 or more persons, to conspire to: (A) Retaliation. Retaliate against a person because | ||
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(i) opposed or reported conduct that the person | ||
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(ii) made a charge, filed a complaint, testified, | ||
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(iii) requested, attempted to request, used, or | ||
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(B) Aiding and Abetting; Coercion. Aid, abet, compel, | ||
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(C) Interference. Wilfully interfere with the | ||
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(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24; 103-797, eff. 1-1-25.) |
(775 ILCS 5/6-101.5) Sec. 6-101.5. Additional civil rights violations under Article 3. It is a civil rights violation for a person, or for 2 or more persons, to conspire, to: (A) retaliate against a person because the person has | ||
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(B) aid, abet, compel, or coerce a person to commit | ||
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(C) willfully interfere with the performance of a | ||
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For the purposes of this Section, "familial status" has the same meaning as defined in Section 3-101.
(Source: P.A. 102-362, eff. 1-1-22.) |
(775 ILCS 5/6-102) Sec. 6-102. Violations of other Acts. A person who violates 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.) |
(775 ILCS 5/Art. 7 heading) ARTICLE 7.
DEPARTMENT OF HUMAN RIGHTS; DUTIES; PROCEDURES
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(775 ILCS 5/7-101) (from Ch. 68, par. 7-101) Sec. 7-101. Powers and duties. In addition to other powers and duties prescribed in this Act, the Department shall have the following powers: (A) Rules and Regulations. To adopt, promulgate, amend, and rescind rules and regulations not inconsistent with the provisions of this Act pursuant to the Illinois Administrative Procedure Act. (B) Charges. To issue, receive, investigate, conciliate, settle, and dismiss charges filed in conformity with this Act. (C) Compulsory Process. To request subpoenas as it deems necessary for its investigations. (D) Complaints. To file complaints with the Commission in conformity with this Act and to intervene in complaints pending before the Commission filed under Article 2, 4, 5, 5A, or 6. (E) Judicial Enforcement. To seek temporary relief and to enforce orders of the Commission in conformity with this Act. (F) Equal Employment Opportunities. To take such action as may be authorized to provide for equal employment opportunities and affirmative action. (G) Recruitment; Research; Public Communication; Advisory Councils. To engage in such recruitment, research and public communication and create such advisory councils as may be authorized to effectuate the purposes of this Act. (H) Coordination with other Agencies. To coordinate its activities with federal, state, and local agencies in conformity with this Act. (I) Grants; Private Gifts. (1) To accept public grants and private gifts as may | ||
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(2) To design grant programs and award grants to | ||
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(J) Education and Training. To implement a formal and unbiased program of education and training for all employees assigned to investigate and conciliate charges under Articles 7A and 7B. The training program shall include the following: (1) substantive and procedural aspects of the | ||
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(2) current issues in human rights law and practice; (3) lectures by specialists in substantive areas | ||
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(4) orientation to each operational unit of the | ||
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(5) observation of experienced Department | ||
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(6) the use of hypothetical cases requiring the | ||
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(7) writing skills; (8) computer skills, including but not limited to | ||
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A formal, unbiased and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep Department investigators and attorneys informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. (K) Hotlines. To establish and maintain hotlines and helplines to aid in effectuating the purposes of this Act including the confidential reporting of discrimination, harassment, and bias incidents. All communications received or sent via the hotlines and helplines are exempt from disclosure under the Freedom of Information Act. (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24; 103-859, eff. 1-1-25.) |
(775 ILCS 5/7-101.1)
Sec. 7-101.1. (Repealed).
(Source: P.A. 89-520, eff. 7-18-96. Repealed by P.A. 95-243, eff. 1-1-08.)
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(775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
Sec. 7-105.
Equal Employment Opportunities; Affirmative Action.
In order
to establish and effectuate the policies of equal employment opportunity
and affirmative action, the Department shall, with respect to state executive
departments, boards, commissions and instrumentalities and any party to
a public contract:
(A) Policies; Rules; Regulations. Establish equal employment opportunity
and affirmative action policies, rules and regulations which specify plans,
programs and reporting procedures. Such rules may provide for exemptions
or modifications as may be necessary to assure the continuity of federal
requirements in State agencies supported in whole or in part by federal funds.
(B) Minimum Compliance Criteria. Establish minimum compliance criteria
and procedures for evaluating equal employment opportunity and affirmative
action programs and plans.
(C) Technical Assistance. Provide technical assistance, training, and
advice for the establishment and implementation of required programs.
(D) Meetings. Hold meetings at least annually with the head of each State
agency and when necessary with any party to a public contract to:
(1) Review equal employment opportunity plans and | ||
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(2) Recommend appropriate changes to the plans and | ||
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(E) Report. Include within its annual report, filed pursuant to Section
5-650 of the Departments of State Government Law (20 ILCS
5/5-650), the progress, performance, and
problems
of meeting equal opportunity goals, and the identity of any State agency
which fails to comply with the requirements of this Act and the circumstances
surrounding such violation.
(F) Personnel Operations. Periodically review personnel operations of
State agencies to assure their conformity with this Act and the agency's plan.
(G) Equal Employment Opportunity Officers. Approve the appointment of equal
employment opportunity officers hired pursuant to subparagraph (4) of paragraph
(B) of Section 2-105.
(H) Enforcement. Require State agencies which fail to meet
their affirmative action and equal employment opportunity goals by equal
employment opportunity category to establish necessary training programs
for preparation and promotion of the category of individuals affected by
the failure. An agency required to establish training programs
under this subsection shall do so in cooperation with the Department of
Central Management Services as provided in Section 405-125 of
the Department of Central Management Services Law (20 ILCS 405/405-125).
The Department by rule or regulation shall provide for the implementation
of this subsection. Such rules or regulations shall prescribe but not be
limited to the following:
(1) the circumstances and conditions which constitute | ||
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(2) the time period for measuring success or failure | ||
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(3) that training programs shall be limited to State | ||
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This subsection shall not be construed to conflict with any contract
between the State and any party which is approved and ratified by or on
September 11, 1990.
(Source: P.A. 91-239, eff. 1-1-00.)
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(775 ILCS 5/7-105a) (from Ch. 68, par. 7-105a)
Sec. 7-105a.
(a) In order to facilitate the implementation of the policies
of equal employment opportunity and affirmative action, the State executive
departments, boards, commissions and instrumentalities shall, on and after
the effective date of this amendatory Act of 1983, on all forms used to
collect information from individuals for official purposes, when such forms
request information concerning the race or ethnicity of an individual by
providing spaces for the designation of that individual as "white" or "black",
or the semantic equivalent thereof, provide an additional space for a designation
as "Hispanic".
(b) Whenever a State executive department, board, commission or instrumentality
is required to supply information to the Department concerning the racial
or ethnic composition of its employees, clients or other groups of individuals
on or after the effective date of this amendatory Act of 1983, the agency
supplying such information shall supply the information by categories of
"white", "black", and "Hispanic", or the semantic equivalent thereof, unless
otherwise required
by the Department.
(Source: P.A. 83-648.)
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(775 ILCS 5/7-105b) (from Ch. 68, par. 7-105b)
Sec. 7-105b.
Compliance with State Employment Records Act.
The
Department, as required by and for the purposes of the State Employment
Records Act, shall, on a fiscal year basis, report the total number of persons
employed within the State work force that are under the monitoring jurisdiction
of the Department and provide any other information necessary to facilitate an
accurate compilation of the entire State work force as defined and required by
that Act. The State Employment Records (SER) report shall be maintained and
kept on file within the Department.
(Source: P.A. 87-1211.)
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(775 ILCS 5/7-106) (from Ch. 68, par. 7-106)
Sec. 7-106. Recruitment; Research; Public Communication) For the purpose
of promoting equal employment and housing opportunities and eliminating
unlawful discrimination, sexual harassment in employment and sexual
harassment in elementary, secondary, and higher
education, the Department shall have authority to:
(A) Recruitment. Cooperate with public and private organizations, as
well as the Department of Central Management Services, in encouraging
individuals in underrepresented classifications to seek employment in
state government.
(B) Publications; Research. Issue publications, conduct research, and
make surveys as it deems necessary.
(C) Public Hearings. Hold public hearings to obtain information from
the general public on the effectiveness of the state's equal employment
opportunity program and the protection against unlawful discrimination,
sexual harassment in employment and sexual harassment in elementary, secondary, and higher
education afforded by this Act and to accept public recommendations
concerning changes in the program and the Act for inclusion in its
annual report.
(D) Promotion of Communication and Goodwill. Establish a program to
cooperate with civic, religious and educational organizations in order to
improve human communication and understanding, foster equal opportunities
in employment and housing, and promote and encourage communication,
goodwill and interfaith and interracial harmony.
(Source: P.A. 96-1319, eff. 7-27-10.)
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(775 ILCS 5/7-107) (from Ch. 68, par. 7-107)
Sec. 7-107.
Advisory Councils) The Department shall have authority, as
the need requires, to create local or statewide advisory councils to aid
in effectuating the purposes of this Act, to limit the duration of a council's
existence, and to empower a council to:
(A) Study. Study and report on problems of unlawful discrimination and
equal employment opportunity.
(B) Goodwill. Foster through community effort or otherwise goodwill among
the groups and segments of the population of Illinois.
(C) Recommendations. Make recommendations to the Department for the development
of policies and practices that will aid in carrying out the purposes of this Act.
(D) Support Services. Receive technical and clerical assistance and reimbursement
of actual expenses from the Department.
(Source: P.A. 81-1216.)
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(775 ILCS 5/7-108) (from Ch. 68, par. 7-108)
Sec. 7-108. Local Departments, Commissions.
(A) Authority.
A political subdivision, or two or more political subdivisions
acting jointly, may create a local department or commission as it or they
see fit to promote the purposes of this Act and to secure for all individuals
within the jurisdiction of the political subdivision or subdivisions freedom
from unlawful discrimination, sexual harassment in employment
and sexual harassment in elementary, secondary, and
higher education. The provisions of any ordinance
enacted by any municipality or county which prohibits broader or different
categories of discrimination than are prohibited by this Act are not
invalidated or affected by this Act.
(B) Concurrent Jurisdiction. When the Department and a local department
or commission have concurrent jurisdiction over a complaint, either may
transfer the complaint to the other under regulations established by the
Department.
(C) Exclusive Jurisdiction. When the Department or a local department
or commission has jurisdiction over a complaint and the other does not,
the Department or local department or commission without jurisdiction may
transfer the complaint to the other under regulations established by the
Department.
(D) To secure and guarantee the rights established by
Sections 17, 18 and 19 of Article I of the Illinois Constitution,
any ordinance, resolution, rule or regulation of any county,
municipality or other unit of local government or of any local
department or commission which prohibits, restricts, narrows or limits the
housing choice of any person is unenforceable and void. Nothing in this
amendatory Act of 1981 prohibits a unit of local government from making
special outreach efforts to inform members of minority groups of housing
opportunities available in areas of majority white concentration and make
similar efforts to inform the majority white population of available
housing opportunities located in areas of minority concentration. This
paragraph is applicable to home rule units as well as non-home rule units.
Pursuant to Article VII, Section 6, paragraph (i) of the
Illinois Constitution, this amendatory Act of 1981 is a limitation
of the power of home rule units.
(Source: P.A. 96-1319, eff. 7-27-10.)
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(775 ILCS 5/7-109) (from Ch. 68, par. 7-109)
Sec. 7-109.
Federal Departments and Agencies)
(A) Utilization of Department Facilities and Employees. The Department
in its discretion and for the purpose of carrying out its functions, may
permit the utilization of its facilities and employees by federal departments
and agencies in the investigation of charges over which the Department has
jurisdiction. The Department shall be authorized to be reimbursed by the
federal government for the reasonable value of such services rendered.
(B) Cooperative Undertakings. In order to effect cooperative undertakings
in the reduction of unlawful discrimination, the Department has the power
and authority for and on behalf of the state to make contractual agreements,
within the scope and authority of this Act, with any agency of the federal
government, and such agreements may include provisions under which the federal
department or agency shall refrain from processing a charge in Illinois
in any cases or class of cases specified in these agreements.
(Source: P.A. 81-1216.)
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(775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
Sec. 7-109.1. Federal or State court proceedings. (1) For charges filed under Article 7A of this Act, | ||
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(2) For charges filed under Article 7B of this Act, | ||
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(3) Nothing in this Section shall preclude the | ||
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(Source: P.A. 100-1066, eff. 8-24-18; 101-221, eff. 1-1-20.)
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(775 ILCS 5/7-110) (from Ch. 68, par. 7-110)
Sec. 7-110.
Attorney General) When authorized by this Act to take part
in a judicial proceeding in any court in this state, the Department shall
proceed only through the Attorney General of Illinois or with the
Attorney General's approval.
(Source: P.A. 81-1216.)
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(775 ILCS 5/7-111) (from Ch. 68, par. 7-111)
Sec. 7-111.
Public Grants; Private Gifts) The Department is authorized
to accept public grants and private gifts and bequests so long as the conditions
of the grant, gift or bequest are not inconsistent with the purposes of this Act.
(Source: P.A. 81-1216.)
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(775 ILCS 5/7-112)
Sec. 7-112.
Automated Processing of Charges and Complaints.
On or before
December 31, 1996, the Department and the Commission shall jointly prepare an
electronic data processing and telecommunications plan for the purpose of
automating the processing of charges and complaints.
(Source: P.A. 89-370, eff. 8-18-95.)
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(775 ILCS 5/7-112.5) Sec. 7-112.5. Training tuition. The Department is authorized to charge tuition to non-governmental entities, other than not for profit groups or organizations in Illinois that have no more than 50 employees, for training offered by the Department's Institute for Training and Development. The tuition shall be paid into the Department of Human Rights Training and Development Fund, a special fund that is created in the State treasury. Moneys in the Fund shall be used to: (i) enhance the quality of the Department's training services; (ii) make training available at no cost to not for profit groups or organizations in Illinois that have no more than 50 employees, Department employees, other State agencies and instrumentalities of the State, and community organizations; and (iii) make training available to any other non-governmental entities on a tuition basis.
(Source: P.A. 96-548, eff. 1-1-10.) |
(775 ILCS 5/7-113)
Sec. 7-113. Employer report form; registration fee. When a person files an "Employer Report Form" (PC-1) with the Department as specified in subsection (J) of Section 2-101 to establish eligibility to be awarded a contract by a State agency, the person must pay a $75 registration fee. A person must also pay a
$75 registration fee when the person files for renewal of eligibility. These fees shall be paid into the Department of Human Rights Special Fund, a special fund that is created in the State treasury. Notwithstanding any other law to the contrary, the Fund is not subject to administrative charges or charge-backs. Moneys in the Fund shall be used solely to fund the Department's public contract compliance monitoring program and other Department programs and activities.
(Source: P.A. 96-786, eff. 1-1-10.) |
(775 ILCS 5/Art. 7A heading) ARTICLE 7A.
DEPARTMENT OF HUMAN RIGHTS;
PROCEDURES UNDER ARTICLES 2, 4, 5, 5A and 6
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(775 ILCS 5/7A-101) (from Ch. 68, par. 7A-101)
Sec. 7A-101.
The procedures specified in this Article shall apply
solely to Articles 2, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.
(Source: P.A. 102-362, eff. 1-1-22.)
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(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102) Sec. 7A-102. Procedures. (A) Charge. (1) Within 2 years after the date that a civil rights | ||
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(2) The charge shall be in such detail as to | ||
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(3) Charges deemed filed with the Department pursuant | ||
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(A-1) Equal Employment Opportunity Commission Charges. (1) If a charge is filed with the Equal Employment | ||
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(2) If the EEOC finds reasonable cause to believe | ||
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(3) For those charges alleging violations within the | ||
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(a) If the complainant does not file a written | ||
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(b) If the complainant does file a written | ||
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(4) Pursuant to this Section, if the EEOC dismisses | ||
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(5) The time limit set out in subsection (G) of this | ||
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(6) The failure of the Department to meet the | ||
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(B) Notice and Response to Charge. The Department shall, within 10 days of the date on which the charge was filed, serve a copy of the charge on the respondent and provide all parties with a notice of the complainant's right to opt out of the investigation within 60 days as set forth in subsection (C-1). This period shall not be construed to be jurisdictional. The charging party and the respondent may each file a position statement and other materials with the Department regarding the charge of alleged discrimination within 60 days of receipt of the notice of the charge. The position statements and other materials filed shall remain confidential unless otherwise agreed to by the party providing the information and shall not be served on or made available to the other party during the pendency of a charge with the Department. The Department may require the respondent to file a response to the allegations contained in the charge. Upon the Department's request, the respondent shall file a response to the charge within 60 days and shall serve a copy of its response on the complainant or the complainant's representative. Notwithstanding any request from the Department, the respondent may elect to file a response to the charge within 60 days of receipt of notice of the charge, provided the respondent serves a copy of its response on the complainant or the complainant's representative. All allegations contained in the charge not denied by the respondent within 60 days of the Department's request for a response may be deemed admitted, unless the respondent states that it is without sufficient information to form a belief with respect to such allegation. The Department may issue a notice of default directed to any respondent who fails to file a response to a charge within 60 days of receipt of the Department's request, unless the respondent can demonstrate good cause as to why such notice should not issue. The term "good cause" shall be defined by rule promulgated by the Department. Within 30 days of receipt of the respondent's response, the complainant may file a reply to said response and shall serve a copy of said reply on the respondent or the respondent's representative. A party shall have the right to supplement the party's response or reply at any time that the investigation of the charge is pending. The Department shall, within 10 days of the date on which the charge was filed, and again no later than 335 days thereafter, send by certified or registered mail, or electronic mail if elected by the party, written notice to the complainant and to the respondent informing the complainant of the complainant's rights to either file a complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court under subparagraph (2) of paragraph (G), including in such notice the dates within which the complainant may exercise these rights. In the notice the Department shall notify the complainant that the charge of civil rights violation will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the Commission or with the appropriate circuit court by the complainant pursuant to subparagraph (2) of paragraph (G) or by the Department pursuant to subparagraph (1) of paragraph (G). (B-1) Mediation. The complainant and respondent may agree to voluntarily submit the charge to mediation without waiving any rights that are otherwise available to either party pursuant to this Act and without incurring any obligation to accept the result of the mediation process. Nothing occurring in mediation shall be disclosed by the Department or admissible in evidence in any subsequent proceeding unless the complainant and the respondent agree in writing that such disclosure be made. (C) Investigation. (1) The Department shall conduct an investigation | ||
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(2) The Director or the Director's designated | ||
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(3) If any witness whose testimony is required for | ||
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(4) Upon reasonable notice to the complainant and the | ||
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(C-1) Opt out of Department's investigation. At any time within 60 days after receipt of notice of the right to opt out, a complainant may submit a written request seeking notice from the Director indicating that the complainant has opted out of the investigation and may commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. Within 10 business days of receipt of the complainant's request to opt out of the investigation, the Director shall issue a notice to the parties stating that: (i) the complainant has exercised the right to opt out of the investigation; (ii) the complainant has 90 days after receipt of the Director's notice to commence an action in the appropriate circuit court or other appropriate court of competent jurisdiction; and (iii) the Department has ceased its investigation and is administratively closing the charge. The complainant shall notify the Department that a complaint has been filed with the appropriate circuit court by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the appropriate circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional. Once a complainant has opted out of the investigation under this subsection, the complainant may not file or refile a substantially similar charge with the Department arising from the same incident of unlawful discrimination or harassment. (D) Report. (1) Each charge investigated under subsection (C) | ||
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(2) Upon review of the report, the Director shall | ||
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(3) If the Director determines that there is no | ||
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(4) If the Director determines that there is | ||
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(E) Conciliation. (1) When there is a finding of substantial evidence, | ||
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(2) When the Department determines that a formal | ||
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(3) The place fixed for the conference shall be | ||
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(4) Nothing occurring at the conference shall be | ||
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(5) The Department's efforts to conciliate the matter | ||
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(F) Complaint. (1) When the complainant requests that the Department | ||
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(1.5) If the complainant chooses to file a complaint | ||
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(2) If the complainant chooses to commence a civil | ||
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(i) The complainant shall file the civil action | ||
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(ii) The form of the complaint in any such civil | ||
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(iii) The complainant shall notify the Department | ||
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(G) Time Limit. (1) When a charge of a civil rights violation has | ||
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(2) If the Department has not issued its report | ||
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(3) If an aggrieved party files a complaint with the | ||
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(4) (Blank). (H) Public Act 89-370 applies to causes of action filed on or after January 1, 1996. (I) Public Act 89-520 applies to causes of action filed on or after January 1, 1996. (J) The changes made to this Section by Public Act 95-243 apply to charges filed on or after the effective date of those changes. (K) The changes made to this Section by Public Act 96-876 apply to charges filed on or after the effective date of those changes. (L) The changes made to this Section by Public Act 100-1066 apply to charges filed on or after August 24, 2018 (the effective date of Public Act 100-1066).(Source: P.A. 102-558, eff. 8-20-21; 103-335, eff. 1-1-24; 103-973, eff. 1-1-25.) |
(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
Sec. 7A-103. Settlement.
(A) Circumstances. A settlement of any
charge prior to the filing of a complaint may be
effectuated at any time upon agreement of the
parties and the approval of the Department.
A settlement of any charge after the filing of a complaint shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the
Department, signed by the parties, and submitted by the Department to
the Commission for approval.
Settlements of charges after the filing of complaints shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(C) Violation.
(1) When either party alleges that a settlement order | ||
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(2) Upon finding substantial evidence to demonstrate | ||
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(D) Dismissal For Refusal To Accept Settlement Offer. The
Department shall dismiss a charge if it is satisfied that:
(1) the respondent has eliminated the effects of the | ||
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(2) the respondent offers and the complainant | ||
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When the Department dismisses a charge under this Section
it
shall notify the complainant that he or she may seek review of the
dismissal order before the Commission. The
complainant shall have 30
days from receipt of notice to file a request for review by the Commission.
In determining whether the respondent has eliminated the
effects
of the civil rights violation charged, or has offered terms of settlement
sufficient to eliminate same, the Department shall consider the extent to
which the respondent has either fully provided, or reasonably offered by way
of terms of settlement, as the case may be, the relevant relief available
to the complainant under Section 8A-104 of this Act.
(E) Public Act 89-370 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 102-558, eff. 8-20-21.)
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(775 ILCS 5/7A-104) (from Ch. 68, par. 7A-104) Sec. 7A-104. Judicial proceedings. (A) Temporary relief. (1) At any time after a charge is filed, the | ||
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(2) The petition shall be filed in the circuit court | ||
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(3) (Blank). (B) Expedited proceedings. (1) A complainant or the Department at the request of | ||
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(2) Venue for a petition filed under this subsection | ||
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(3) Any petition filed by the complainant shall name | ||
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(4) If the circuit court determines that the | ||
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(C) Enforcement of Commission orders. When authorized by this Act, the Department, at the request of the Commission, may take whatever action may be authorized for the enforcement of Commission orders.(Source: P.A. 103-335, eff. 1-1-24.) |
(775 ILCS 5/Art. 7B heading) ARTICLE 7B.
DEPARTMENT OF HUMAN RIGHTS;
PROCEDURES UNDER ARTICLE 3
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(775 ILCS 5/7B-101) (from Ch. 68, par. 7B-101)
Sec. 7B-101.
The procedures specified in this Article shall apply
solely to Article 3 and Section 6-101.5 of Article 6.
(Source: P.A. 102-362, eff. 1-1-22.)
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(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
Sec. 7B-102. Procedures.
(A) Charge.
(1) Within one year after the date that a civil | ||
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(2) The charge shall be in such detail as to | ||
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(B) Notice and Response to Charge.
(1) The Department shall serve notice upon the | ||
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(2) A person who is not named as a respondent in a | ||
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(C) Investigation.
(1) The Department shall conduct a full investigation | ||
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(2) If the Department is unable to complete the | ||
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(3) The Director or his or her designated | ||
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(4) If any witness whose testimony is required for | ||
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(5) Upon reasonable notice to the complainant and the | ||
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(D) Report.
(1) Each charge investigated under subsection (C) | ||
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The report shall contain:
(a) the names and dates of contacts with | ||
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(b) a summary and the date of correspondence and | ||
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(c) a summary description of other pertinent | ||
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(d) a summary of witness statements; and
(e) answers to questionnaires.
A final report under this paragraph may be amended if | ||
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(2) Upon review of the report and within 100 days of | ||
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(a) If the Director determines that there is no | ||
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(b) If the Director determines that there is | ||
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(E) Conciliation.
(1) During the period beginning with the filing of | ||
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When the Department determines that a formal | ||
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(2) The place fixed for the conference shall be | ||
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(3) Nothing occurring at the conference shall be made | ||
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(4) A conciliation agreement arising out of such | ||
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(5) A conciliation agreement may provide for binding | ||
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(6) Each conciliation agreement shall be made public | ||
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(F) Complaint.
(1) When there is a failure to settle or adjust any | ||
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(2) The complaint shall be filed with the Commission.
(3) The Department may not issue a complaint under | ||
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(G) Time Limit.
(1) When a charge of a civil rights violation has | ||
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(2) The Director shall make available to the | ||
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(H) This amendatory Act of 1995 applies to causes of action filed on or
after
January 1, 1996.
(I) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes. (J) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges filed on or
after the effective date of those changes. (Source: P.A. 101-530, eff. 1-1-20; 102-362, eff. 1-1-22.)
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(775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
Sec. 7B-103. Settlement.
(A) Circumstances. A settlement of any
charge prior to the filing of a complaint may be
effectuated at any time upon agreement of the
parties and the approval of the Department.
A settlement of any charge after the filing of complaint shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(B) Form. Settlements of charges prior to the filing of
complaints shall be reduced to writing by the
Department, signed by the parties, and submitted by the Department to
the Commission for approval.
Settlements of charges after the filing of complaints shall be
effectuated as specified in Section 8-105(A)(2) of this Act.
(C) Violation.
(1) When either party alleges that a settlement order | ||
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(2) Upon finding substantial evidence to demonstrate | ||
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(D) Dismissal For Refusal To Accept Settlement Offer. The
Department may dismiss a charge if it is satisfied that:
(1) the respondent has eliminated the effects of the | ||
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(2) the respondent offers and the aggrieved party | ||
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(3) When the Department dismisses a charge under this | ||
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(4) In determining whether the respondent has | ||
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(E) This amendatory Act of 1995 applies to causes of action filed on or
after January 1, 1996.
(F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges filed on or
after the effective date of those changes.(Source: P.A. 95-243, eff. 1-1-08.)
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(775 ILCS 5/7B-104) (from Ch. 68, par. 7B-104) Sec. 7B-104. Judicial proceedings. (A) Temporary relief. (1) At any time after a charge is filed, the | ||
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(2) The petition shall be filed in the circuit court | ||
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(3) (Blank). (B) Enforcement of Commission orders. When authorized by this Act, the Department, at the request of the Commission, may take whatever action may be authorized for the enforcement of Commission orders.(Source: P.A. 103-335, eff. 1-1-24.) |
(775 ILCS 5/Art. 8 heading) ARTICLE 8.
ILLINOIS HUMAN RIGHTS COMMISSION
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(775 ILCS 5/8-101) (from Ch. 68, par. 8-101) Sec. 8-101. Illinois Human Rights Commission. (A) Creation; appointments. The Human Rights Commission is created to consist of 7 members appointed by the Governor with the advice and consent of the Senate. No more than 4 members shall be of the same political party. The Governor shall designate one member as chairperson. All appointments shall be in writing and filed with the Secretary of State as a public record. (B) Terms. Of the members first appointed, 4 shall be appointed for a term to expire on the third Monday of January 2021, and 3 (including the Chairperson) shall be appointed for a term to expire on the third Monday of January 2023. Notwithstanding any provision of this Section to the contrary, the term of office of each member of the Illinois Human Rights Commission is abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for Public Act 100-1066, would have expired January 18, 2021 shall continue to exercise all of the powers and be subject to all of the duties of members of the Commission until June 30, 2019 or until their respective successors are appointed and qualified, whichever is earlier. Thereafter, each member shall serve for a term of 4 years and until the member's successor is appointed and qualified; except that any member chosen to fill a vacancy occurring otherwise than by expiration of a term shall be appointed only for the unexpired term of the member whom the member shall succeed and until the member's successor is appointed and qualified. (C) Vacancies. (1) In the case of vacancies on the Commission during | ||
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(2) If the Senate is not in session at the time this | ||
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(3) Vacancies in the Commission shall not impair the | ||
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(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated at the rate of $125,000 per year, or as set by the Compensation Review Board, whichever is greater, during the Chairperson's service as Chairperson, and each other member shall be compensated at the rate of $119,000 per year, or as set by the Compensation Review Board, whichever is greater. In addition, all members of the Commission shall be reimbursed for expenses actually and necessarily incurred by them in the performance of their duties. (E) (Blank). (F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following: (1) substantive and procedural aspects of the office | ||
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(2) current issues in employment and housing | ||
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(3) orientation to each operational unit of the Human | ||
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(4) observation of experienced hearing officers and | ||
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(5) the use of hypothetical cases requiring the newly | ||
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(6) writing skills; and (7) professional and ethical standards. A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office. (G) Commissioners must meet one of the following qualifications: (1) licensed to practice law in the State of Illinois; (2) at least 3 years of experience as a hearing | ||
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(3) at least 4 years of professional experience | ||
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The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor. Each commissioner shall devote full time to the commissioner's duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation. (H) (Blank). (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24; 103-605, eff. 7-1-24; 103-859, eff. 1-1-25.) |
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other powers
and duties prescribed in this Act, the Commission shall have the following
powers and duties:
(A) Meetings. To meet and function at any place | ||
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(B) Offices. To establish and maintain offices in | ||
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(C) Employees. To select and fix the compensation of | ||
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(D) Hearing Officers. To select and fix the | ||
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A formal and unbiased training program for hearing | ||
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(1) substantive and procedural aspects of the | ||
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(2) current issues in human rights law and | ||
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(3) lectures by specialists in substantive areas | ||
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(4) orientation to each operational unit of the | ||
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(5) observation of experienced hearing officers | ||
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(6) the use of hypothetical cases requiring the | ||
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(7) writing skills;
(8) computer skills, including, but not limited | ||
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A formal, unbiased and ongoing professional | ||
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(E) Rules and Regulations. To adopt, promulgate, | ||
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(F) Compulsory Process. To issue and authorize | ||
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(G) Decisions. Through a panel of 3 members | ||
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(H) Rehearings. To order, by a vote of 3 members, | ||
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(I) Judicial Enforcement. To authorize requests for | ||
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(J) Opinions. To publish each decision within 180 | ||
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(K) Public Grants; Private Gifts. To accept public | ||
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(L) Interpreters. To appoint at the expense of the | ||
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(M) Automated Processing Plan. To prepare an | ||
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The provisions of Public Act 89-370 amending subsection (G)
of this Section apply to causes of action filed on or after January 1, 1996.
(Source: P.A. 103-326, eff. 1-1-24.)
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(775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
Sec. 8-103. Request for review.
(A) Jurisdiction. The Commission,
through a panel of 3 members, shall have jurisdiction to hear and
determine requests for review of (1) decisions of the Department to dismiss
a charge; and (2) notices of default issued by the Department.
In each instance, the Department shall be the respondent. The respondent on the charge, in the case of dismissal, or the complainant, in the case of default, may file a response to the request for review.
(B) Review. When a request for review is properly filed, the Commission
may consider the Department's report, any argument and supplemental evidence
timely submitted, and the results of any additional investigation conducted by
the
Department in response to the request. In its discretion, the Commission
may designate a hearing officer to conduct a hearing into the factual basis
of the matter at issue. Within 120 days after the effective date of this amendatory Act of the 100th General Assembly, the Commission shall adopt rules of minimum standards for the contents of responses to requests for review, including, but not limited to, proposed statements of uncontested facts and proposed statements of the legal issues.
(C) Default Order. When a respondent fails to file a timely request
for review of a notice of default, or the default is sustained on review,
the Commission shall enter a default order and notify the parties that the complainant has the right to either commence a civil action in the appropriate circuit court to determine the complainant's damages or request that the Commission set a hearing on damages before one of its hearing officers. The complainant shall have 90 days after receipt of the Commission's default order to either commence a civil action in the appropriate circuit court or request that the Commission set a hearing on damages.
(D) Time Period Toll. Proceedings on requests for review shall toll
the time limitation established in paragraph (G) of Section 7A-102 from
the date on which the Department's notice of dismissal or default is issued until 30 days after
the date
on which the Commission's order is served on the chief legal counsel of the Department.
(E) The changes made to this Section by Public Act 95-243 apply to charges or complaints filed with the Department or Commission on or
after the effective date of those changes. (F) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges or complaints filed with the Department or Commission on or
after the effective date of those changes. (G) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to charges filed or pending with the Department or Commission on or
after the effective date of this amendatory Act of the 100th General Assembly.(Source: P.A. 103-335, eff. 1-1-24.)
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(775 ILCS 5/8-104) (from Ch. 68, par. 8-104)
Sec. 8-104.
Compulsory Process.
(A) Subpoenas. Any member of the
Commission may issue a subpoena:
(1) At the request of the Department to facilitate | ||
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(2) At the request of a party to a proceeding which | ||
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(B) Form. The subpoena shall be on a form prescribed by the
Commission in its rules and regulations, and a copy of the subpoena shall be
served upon all parties of record by the party requesting the subpoena.
(C) Content. A subpoena may be issued when necessary to compel the
attendance of a witness or to require the production for examination of
any relevant books, records or documents whatsoever.
(D) Contests.
(1) On motion of the person to whom the subpoena is | ||
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(2) In the case of a subpoena duces tecum issued and | ||
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(E) Enforcement.
(1) When anyone fails or refuses to obey a subpoena, | ||
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(2) Not less than five days before the petition is | ||
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(3) Following a hearing on the petition, the circuit | ||
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(F) Witnesses.
(1) If any witness whose testimony is required for | ||
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(2) Witnesses subject to subpoena shall be paid the | ||
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(G) Service of Process.
(1) Except as otherwise provided in this Act, | ||
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(2) For the purposes of this Act, any documents | ||
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(Source: P.A. 89-370, eff. 8-18-95.)
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(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
Sec. 8-105. Settlement.
(A) Approval.
(1) When a proposed settlement is submitted by the | ||
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(2) A settlement of any complaint and its underlying | ||
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(3) Approval of the settlement shall be accomplished | ||
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(B) Violation. When the Department files notice of a settlement order
violation, the Commission, through a panel of three members, may either
order the Department to seek enforcement of the settlement order pursuant
to paragraph (C) of Section 8-111 or remand for any type of hearing as it
may deem necessary pursuant to paragraph (D) of Section 8A-103.
(C) Dismissal for Refusal to Accept Settlement Offer. The Commission
shall dismiss a complaint and the underlying charge or charges of
the
complaint if the Commission is satisfied that:
1. the respondent has eliminated the effects of the | ||
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2. the respondent offers and the complainant declines | ||
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In determining whether the respondent has eliminated the effects
of the civil rights violation charged, or has offered terms of settlement
sufficient to eliminate same, the Commission shall consider the extent to
which the respondent has either fully provided, or reasonably offered by
way of terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8A-104 of this Act.
At any time after the service of a complaint pursuant to Section 8A-102
of this Act, and prior to service of a decision prepared pursuant to
Section 8A-102(I), a respondent may move for a recommended
order dismissing
a complaint and the underlying charge or charges for complainant's refusal
to accept terms of settlement that are sufficient to eliminate the effects
of the civil rights violation charged in the complaint and to eliminate
repetition of the violation. Respondent's motion and complainant's reply, if
any, shall
comply with the requirements for summary decision set forth in Section
8-106.1 of this Act.
(D) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.
(Source: P.A. 101-661, eff. 4-2-21.)
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(775 ILCS 5/8-106)
Sec. 8-106. (Renumbered).
(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)
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(775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)
Sec. 8-106.1. Summary Decision.
(1) At any time after the service of a
complaint and prior to service of a decision pursuant to Section 8A-102(I) or 8B-102(J),
complainant or respondent may move with or without supporting affidavits
for a summary order in the moving party's favor as to all or any part of
the relief sought. A hearing officer may
not preclude the filing of said motion except within the 60-day period prior to
hearing on the merits of the complaint.
(2) Procedure. The non-moving party may file counteraffidavits prior to
the time of the ruling on the motion. The hearing officer shall decide the
motion
without delay and shall grant it if the pleadings and affidavits, if any,
show that there is
no genuine issue as to any material fact and that the moving party is
entitled to a recommended order as a matter of law. The term "without delay"
shall be defined by rule promulgated by the Commission. An interim summary
recommended order, interlocutory in character, may be rendered on the issue
of liability alone although there is a genuine issue as to the relief to be
awarded.
(3) Affidavits or Motions Made in Bad Faith. If it appears to the
satisfaction of
the hearing officer at any time that any affidavit or motion presented pursuant
to
this Section is presented in bad faith or solely for the purpose of delay,
the hearing officer may recommend that the party employing the use of
affidavits for dilatory purposes shall pay to the
other party the amount of reasonable expenses incurred as a result of the
filing of the affidavit or motion, including reasonable attorney's fees.
(Source: P.A. 101-661, eff. 4-2-21.)
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(775 ILCS 5/8-107)
Sec. 8-107. (Renumbered).
(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)
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(775 ILCS 5/8-108)
Sec. 8-108. (Renumbered).
(Source: Renumbered by P.A. 86-910, eff. 9-11-89.)
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(775 ILCS 5/8-109) (from Ch. 68, par. 8-109)
Sec. 8-109. Specific penalties; public contracts; licensees; public
officials. In addition to the penalties and forms of relief set forth
in Section 8A-104, a hearing officer may recommend and the Commission or
any three member panel thereof may:
(A) Public Contracts. In the case of a respondent | ||
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(B) Licensees. In the case of a respondent, | ||
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(C) Public Officials. In the case of a respondent | ||
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(Source: P.A. 101-221, eff. 1-1-20.)
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(775 ILCS 5/8-109.1) Sec. 8-109.1. Civil penalties; failure to report; failure to train. (A) A hearing officer may recommend the Commission or any 3-member panel thereof may: (1) Failure to report. In the case of an employer | ||
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(2) Failure to train. In the case of an employer | ||
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(B) An employer who violates Section 2-108, 2-109, or 2-110 is subject to a civil penalty as follows: (1) For an employer with fewer than 4 employees: a | ||
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(2) For an employer with 4 or more employees: a | ||
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(C) The appropriateness of the penalty to the size of the employer charged, the good faith efforts made by the employer to comply, and the gravity of the violation shall be considered in determining the amount of the civil penalty.
(Source: P.A. 101-221, eff. 1-1-20.) |
(775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
Sec. 8-110. Publication of opinions. Decisions of the Commission or panels
thereof, whether on requests for review or
complaints, shall be
made available on the Commission's website and to online legal research companies within 14 calendar days after publication by the Commission as required by subsection (J) of Section 8-102. Published decisions shall be subject to the Personal Information Protection Act.
(Source: P.A. 100-1066, eff. 8-24-18.)
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(775 ILCS 5/8-111) (from Ch. 68, par. 8-111) Sec. 8-111. Court Proceedings. (A) Civil Actions Commenced in Circuit Court. (1) Venue. Civil actions commenced in a circuit court | ||
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(2) If a civil action is commenced in a circuit | ||
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(3) Jury Trial. If a civil action is commenced in a | ||
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(4) Remedies. Upon the finding of a civil rights | ||
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(B) Judicial Review. (1) Any complainant or respondent may apply for and | ||
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(2) In any proceeding brought for judicial review, | ||
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(3) Venue. Proceedings for judicial review shall be | ||
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(C) Judicial Enforcement. (1) When the Commission, at the instance of the | ||
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(2) An aggrieved party may file a complaint for | ||
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(3) Upon the commencement of an action filed under | ||
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(4) The court may stay an order of the Commission in | ||
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(5) The court may punish for any violation of its | ||
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(6) Venue. Proceedings for judicial enforcement of a | ||
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(7) Enforcement of judicial order. An aggrieved party | ||
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(D) Limitation. Except as otherwise provided by law, no court of this state shall have jurisdiction over the subject of an alleged civil rights violation other than as set forth in this Act. (E) This amendatory Act of 1996 applies to causes of action filed on or after January 1, 1996. (F) The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges or complaints filed with the Department or the Commission on or after the effective date of those changes. (Source: P.A. 102-706, eff. 4-22-22; 103-859, eff. 1-1-25.) |
(775 ILCS 5/8-112) (from Ch. 68, par. 8-112)
Sec. 8-112.
Public Grants; Private Gifts) The commission is authorized
to accept public grants and private gifts and bequests so long as the conditions
of the grant, gift, or bequest are not inconsistent with the purposes of this Act.
(Source: P.A. 81-1216.)
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(775 ILCS 5/8-113) (from Ch. 68, par. 8-113) Sec. 8-113. (Repealed). (Source: P.A. 85-139. Repealed by P.A. 103-859, eff. 1-1-25.) |
(775 ILCS 5/Art. 8A heading) ARTICLE 8A.
ILLINOIS HUMAN RIGHTS COMMISSION;
PROCEDURES UNDER ARTICLES 2, 4, 5, 5A and 6
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(775 ILCS 5/8A-101) (from Ch. 68, par. 8A-101)
Sec. 8A-101. This Article shall apply solely to Articles 2, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.(Source: P.A. 102-362, eff. 1-1-22.)
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(775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102) Sec. 8A-102. Hearing on Complaint. (A) Services. Within five days after a complaint is filed by the Department, or the aggrieved party, as the case may be, the Commission shall cause it to be served on the respondent together with a notice of hearing before a hearing officer of the Commission at a place therein fixed. (B) Time and Location of Hearing. An initial hearing date shall be scheduled for not less than 30 nor more than 90 days after service of the complaint at a place that is within 100 miles of the place at which the civil rights violation is alleged to have occurred. The hearing officer may, for good cause shown, extend the date of the hearing. (B-5) Intervention by the Department. (1) After the filing of a complaint under Article 2, | ||
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(i) the Department has an interest different from | ||
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(ii) the expertise of the Department makes it | ||
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(iii) the representation of the Department's | ||
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(2) The Department, as an intervenor, shall have all | ||
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(3) Upon such intervention, the Commission may award | ||
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(C) Amendment. (1) A complaint may be amended under oath by leave of | ||
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(2) A motion that the complaint be amended to conform | ||
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(D) Answer. (1) The respondent shall file an answer under oath or | ||
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(2) When the respondent files a motion to dismiss the | ||
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(3) Any allegation in the complaint which is not | ||
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(4) The failure to file an answer is deemed to | ||
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(5) The respondent has the right to amend the | ||
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(E) Proceedings In Forma Pauperis. (1) If the hearing officer is satisfied that the | ||
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(2) A person desiring to proceed without payment of | ||
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(F) Discovery. The procedure for obtaining discovery of information from parties and witnesses shall be specified by the Commission in rules. If no rule has been promulgated by the Commission on a particular type of discovery, the Code of Civil Procedure may be considered persuasive authority. The types of discovery shall be the same as in civil cases in the circuit courts of this State, provided, however, that a party may take discovery depositions only upon leave of the hearing officer and for good cause shown. (G) Hearing. (1) Both the complainant and the respondent may | ||
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(2) The testimony taken at the hearing shall be under | ||
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(3) The testimony taken at the hearing is subject to | ||
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(H) Compelling Appearance of Parties at Hearing. The appearance at the hearing of a party or a person who at the time of the hearing is an officer, director, or employee of a party may be required by serving the party with a notice designating the person who is required to appear. The notice also may require the production at the hearing of documents or tangible things. If the party or person is a nonresident of the county, the hearing officer may order any terms and conditions in connection with the party's or person's appearance at the hearing that are just, including payment of the party's or person's reasonable expenses. Upon a failure to comply with the notice, the hearing officer may enter any order that is just. (I) Decision. (1) When all the testimony has been taken, the | ||
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(2) The hearing officer shall make findings of fact | ||
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(3) If, upon all the evidence, the hearing officer | ||
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(4) The findings and recommended order of the hearing | ||
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(a) the hearing officer who presides at the | ||
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(b) all parties to a complaint file a joint | ||
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(5) A recommended order dismissing a complaint may | ||
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(6) The hearing officer may issue a recommended order | ||
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(Source: P.A. 103-335, eff. 1-1-24.) |
(775 ILCS 5/8A-102.5)
Sec. 8A-102.5.
Alternative hearing procedure.
(A) All parties shall be given the right to proceed under this Section.
(B) If all parties to a complaint stipulate to proceedings under this
Section, the complaint shall be resolved in the following manner:
(1) The parties shall select a hearing officer by | ||
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(2) The parties shall have a limited right to | ||
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(3) If a dispositive motion is made with respect to a | ||
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(4) If the case proceeds to public hearing, the | ||
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(C) There is no right of appeal of orders issued under this
Section. By stipulating to resolution of the complaint under this Section,
the parties waive all right of appeal except for orders
procured by fraud or duress.
(D) Final orders issued under this Section are enforceable in
the same manner as orders issued by the Commission.
(Source: P.A. 89-370, eff. 8-18-95.)
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(775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
Sec. 8A-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of the hearing
officer's recommended order, a party may file with the Commission any
written exceptions to any part of the order. Exceptions shall be supported
by argument and served on all parties at the time they are filed. If no
exceptions are filed, the recommended order shall become the order of the
Commission without further review. The Commission shall issue a notice that no exceptions have been filed no later than 30 days after the exceptions were due.
(B) Response. Within 21 days of the receipt of service of exceptions,
a party may file with the Commission any response to the exceptions.
Responses shall be supported by argument and served on all parties at the
time they are filed.
(C) Oral Argument. A party may request oral argument at the time of filing
exceptions or a response to exceptions. When any party requests oral argument
in this manner, the Commission may schedule oral argument to be
heard
by a panel of 3 Commission members. If the panel grants oral argument, it shall notify all parties
of the time and place of argument. Any party so notified may present
oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the | ||
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(2) The hearing officer presiding at a rehearing | ||
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(3) After conclusion of the rehearing, the hearing | ||
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(E) Review.
(1) Following the filing of the findings and | ||
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(2) When reviewing a recommended order, the | ||
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(3) If the Commission accepts a case for review, it | ||
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(4) A recommended order authored by a non-presiding | ||
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(F) Rehearing.
(1) Within 30 days after service of the Commission's | ||
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(2) Applications for rehearing shall be viewed with | ||
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(3) When an application for rehearing is granted, the | ||
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(G) Modification of Order.
(1) At any time before a final order of the court in | ||
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(2) Any modification shall be accomplished by the | ||
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(H) Extensions of time. All motions for extensions of time with
respect to matters being considered by the Commission shall be decided by
the full Commission or a 3-member panel. If a motion for extension of
time cannot be ruled upon before the filing deadline sought to be
extended, the Chairperson of the Commission shall be authorized to extend
the filing deadline to the date of the next Commission meeting at which the
motion can be considered.
(Source: P.A. 100-1066, eff. 8-24-18; 100-1154, eff. 12-19-18.)
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(775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
Sec. 8A-104.
Relief; Penalties.
Upon finding a civil rights
violation, a hearing officer may recommend and the Commission or any
three-member panel thereof may provide for any relief or penalty
identified in this Section, separately or in combination, by entering an
order directing the respondent to:
(A) Cease and Desist Order. Cease and desist from any violation of
this Act.
(B) Actual Damages. Pay actual damages, as reasonably determined by
the Commission, for injury or loss suffered by the complainant.
(C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits.
Hire, reinstate or upgrade the complainant with or without back pay or
provide such fringe benefits as the complainant may have been denied.
(D) Restoration of Membership; Admission To Programs. Admit or
restore the complainant to labor organization membership, to a guidance
program, apprenticeship training program, on the job training program,
or other occupational training or retraining program.
(E) Public Accommodations. Admit the complainant to a public
accommodation.
(F) Services. Extend to the complainant the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of the respondent.
(G) Attorneys Fees; Costs. Pay to the complainant all or a portion
of the costs of maintaining the action, including reasonable attorney
fees and expert witness fees incurred in maintaining this action before the
Department, the Commission and in any judicial review and judicial
enforcement proceedings. Provided, however, that no award of attorney
fees or costs shall be made pursuant to this amendatory Act of 1987 with
respect to any charge for which the complaint before the Commission was
filed prior to December 1, 1987. With respect to all charges for which
complaints were filed with the Commission prior to December 1, 1987,
attorney fees and costs shall be awarded pursuant to the terms of this
subsection as it existed prior to revision by this amendatory Act of 1987.
(H) Compliance Report. Report as to the manner of compliance.
(I) Posting of Notices. Post notices in a conspicuous place which
the Commission may publish or cause to be published setting forth
requirements for compliance with this Act or other relevant information
which the Commission determines necessary to explain this Act.
(J) Make Complainant Whole. Take such action as may be necessary to make
the individual complainant whole, including, but not limited to, awards of
interest on the complainant's actual damages and backpay from the date of the
civil rights violation. Provided, however, that no award of prejudgment
interest shall be made pursuant to this amendatory Act of 1987 with respect
to any charge in which the complaint before the Commission was filed prior
to December 1, 1987. With respect to all charges for which complaints were
filed with the Commission prior to December 1, 1987, make whole relief
shall be awarded pursuant to this subsection as it existed prior to
revision by this amendatory Act of 1987.
There shall be no distinction made under this Section between complaints
filed by the Department and those filed by the aggrieved party.
(Source: P.A. 86-910.)
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(775 ILCS 5/Art. 8B heading) ARTICLE 8B.
PROCEDURES AND RELIEF IN ARTICLE 3
CASES BEFORE THE HUMAN RIGHTS COMMISSION
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(775 ILCS 5/8B-101) (from Ch. 68, par. 8B-101)
Sec. 8B-101. Applicability. The procedures and relief specified in this
Article shall apply solely to complaints filed with the Human Rights
Commission under Article 3 and Section 6-101.5 of Article 6.
(Source: P.A. 102-362, eff. 1-1-22.)
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(775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102)
Sec. 8B-102.
Hearing on complaint.
(A) Election of Judicial
Determination. When a complaint is filed under Section 7B-102(F) a
complainant, a respondent, or an aggrieved party on whose behalf the
complaint was filed, may elect to have the claims asserted in that
complaint decided in a civil action in a circuit court of Illinois, in
which case the Illinois Code of Civil Procedure shall apply. The
election must be made not later than 20 days after the receipt by the
electing person of service of the complaint by the Commission. The person
making such election shall file it with the Commission and shall give
notice of doing so to the Department and to all other complainants and
respondents to whom the charge relates. If an election is made, the
Commission shall act no further on the complaint and shall administratively
close the file on the complaint. If an election is not made, the Commission
shall continue proceedings on the complaint in accordance with this Act and the
hearing shall be before a hearing officer.
(B) Services. Within 5 days after a complaint is filed by the
Department, the Commission shall cause it to be served on the respondent
and complainant together with a notice of hearing before a hearing officer
of the Commission at a place therein fixed and with information as to how
to make an election under subsection (A) and the effect of such an election.
(C) Time and Location of Hearing. An initial hearing date
shall be scheduled for not less
than 30 nor more than 90 days after service of the complaint at
a place that is within 100 miles of the place at which the civil
rights violation is alleged to have occurred. The hearing officer may,
for good cause shown, extend the date of the hearing.
(D) Amendment.
(1) A complaint may be amended under oath by leave of | ||
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(2) A motion that the complaint be amended to conform | ||
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(E) Answer.
(1) The respondent shall file an answer under oath or | ||
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(2) When the respondent files a motion to dismiss the | ||
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(3) Any allegation in the complaint which is not | ||
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(4) The failure to file an answer is deemed to | ||
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(5) The respondent has the right to amend his answer, | ||
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(F) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the | ||
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(2) A person desiring to proceed without payment of | ||
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(G) Discovery. The procedures for obtaining discovery of information from
parties and witnesses shall be specified by the Commission in rules. If no
rule
has been promulgated by the Commission on a particular type of discovery, the
Code of Civil Procedure may be considered persuasive authority. The types
of discovery shall be the same as in civil cases in the circuit courts
of this State, provided, however, that a party may take discovery depositions
only upon leave of the hearing officer and for good cause shown.
(H) Hearing.
(1) The Department and the respondent shall be | ||
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(2) The testimony taken at the hearing shall be under | ||
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(3) The testimony taken at the hearing is subject to | ||
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(I) Compelling Appearance of Parties at Hearing. The appearance at
the hearing of a party or a person who at the time of the hearing is an
officer, director, or employee of a party may be required by serving the
party with a notice designating the person who is required to appear. The
notice also may require the production at the hearing of documents or
tangible things. If the party or person is a nonresident of the county,
the hearing officer may order any terms and conditions in connection with
his appearance at the hearing that are just, including payment of his
reasonable expenses. Upon a failure to comply with the notice, the hearing
officer may enter any order that is just.
(J) Decision.
(1) When all the testimony has been taken, the | ||
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(2) The hearing officer shall make findings of fact | ||
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(3) If, upon all the evidence, the hearing officer | ||
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(4) The findings and recommended order of the hearing | ||
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(a) the hearing officer who presides at the | ||
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(b) all parties to a complaint file a joint | ||
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(5) The hearing officer may issue a recommended order | ||
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(K) Effect of Trial of Civil Action on Administrative Proceedings. A
hearing officer shall not proceed with any administrative proceedings under
this Section after the filing of a civil action by or on behalf of the
aggrieved party under federal or State law seeking relief with respect to the
alleged civil rights violation.
(Source: P.A. 92-472, eff. 1-1-02.)
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(775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
Sec. 8B-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of the hearing
officer's recommended order, a party may file with the Commission any
written exceptions to any part of the order. Exceptions shall be supported
by argument and served on all parties at the time they are filed. If no
exceptions are filed, the recommended order shall become the order of the
Commission without further review. The Commission shall issue a notice that no exceptions have been filed no later than 30 days after the exceptions were due.
(B) Response. Within 21 days of the receipt of service of exceptions,
a party may file with the Commission any response to the exceptions.
Responses shall be supported by argument and served on all parties at the
time they are filed.
(C) Oral Argument. A party may request oral argument at the time of filing
exceptions or a response to exceptions. When any party requests oral argument
in this manner, the Commission may schedule oral argument to be
heard
by a panel of 3 Commission members. If the panel grants oral
argument, it shall notify all parties of
the time and place of argument. Any party so notified may present
oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the | ||
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(2) The hearing officer presiding at a rehearing | ||
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(3) After conclusion of the rehearing, the hearing | ||
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(E) Review.
(1) Following the filing of the findings and | ||
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(2) When reviewing a recommended order, the | ||
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(3) If the Commission accepts a case for review, it | ||
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(3.1) A recommended order authored by a non-presiding | ||
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(4) The Commission shall issue a final decision | ||
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(F) Rehearing.
(1) Within 30 days after service of the Commission's | ||
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(2) Applications for rehearing shall be viewed with | ||
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(3) When an application for rehearing is granted, the | ||
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(G) Modification of Order.
(1) At any time before a final order of the court in | ||
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(2) Any modification shall be accomplished by the | ||
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(H) Extensions of time. All motions for extensions of time with
respect to matters being considered by the Commission shall be decided by
the full Commission or a 3-member panel. If a motion for extension of
time cannot be ruled upon before the filing deadline sought to be
extended, the Chairperson of the Commission shall be authorized to extend
the filing deadline to the date of the next Commission meeting at which the
motion can be considered.
(Source: P.A. 100-1066, eff. 8-24-18; 100-1154, eff. 12-19-18.)
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(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104) Sec. 8B-104. Relief; penalties. Upon finding a civil rights violation, a hearing officer may recommend and the Commission or any three-member panel thereof may provide for any relief or penalty identified in this Section, separately or in combination, by entering an order directing the respondent to: (A) Cease and Desist Order. Cease and desist from any | ||
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(B) Actual Damages. Pay actual damages, as reasonably | ||
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(C) Civil Penalty. Pay a civil penalty per violation | ||
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(i) in an amount not exceeding $16,000 if the | ||
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(ii) in an amount not exceeding $42,500 if the | ||
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(iii) in an amount not exceeding $70,000 if the | ||
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(D) Attorney Fees; Costs. Pay to the complainant all | ||
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(E) Compliance Report. Report as to the manner of | ||
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(F) Posting of Notices. Post notices in a conspicuous | ||
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(G) Make Complainant Whole. Take such action as may | ||
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(Source: P.A. 103-859, eff. 1-1-25.) |
(775 ILCS 5/Art. 9 heading) ARTICLE 9.
SAVINGS PROVISIONS
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(775 ILCS 5/9-101) (from Ch. 68, par. 9-101)
Sec. 9-101.
Transfer; savings.
(A) Personnel.
(1) All personnel previously assigned to the Fair | ||
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(2) The rights of employees, the state, and its | ||
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(B) Documents; Property. All books, records, papers, documents, and property
in the possession of the Fair Employment Practices Commission, Department
of Equal Employment Opportunity, and Human Relations Commission shall be
transferred, in accordance with this Act to the Department or Commission.
(C) Service of Documents; Response to Subpoenas. Any report, notice, paper,
document or response to a subpoena which previously had to be made, given,
furnished or served to or upon the Fair Employment Practices Commission,
Department of Equal Employment Opportunity and Human Relations Commission
shall be made, given, furnished or served, in accordance with this Act to
the Department.
(D) Rules and Regulations. No rule or regulation promulgated by the Fair
Employment Practices Commission, Department of Equal Employment Opportunity,
or Human Relations Commission, including those now in effect and those filed
pursuant to the Illinois Administrative Procedure Act, shall be abrogated
by this
Act. In accordance with this Act they shall be deemed rules and regulations
of the Department or the Commission.
(E) Completed Acts. This Act shall not affect any act completed, ratified
or confirmed or any action taken in a judicial proceeding by or any right
accrued or established under the authority of the Fair Employment Practices
Commission, Department of Equal Employment Opportunity, Human Relations
Commission. Such actions shall be continued, in accordance with this Act,
by the Department or Commission.
(F) Appropriations. Appropriations made to or for the use of the Fair
Employment Practices Commission, Department of Equal Employment Opportunity,
and Human Relations Commission shall be transferred, in accordance with
Section 9b of the State Finance Act,
to the Department or Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(775 ILCS 5/9-102) (from Ch. 68, par. 9-102)
Sec. 9-102. Pending matters. (A) Charges; Complaints; Causes of Action. This Act shall
not affect or abate any cause of action, charge, complaint or other
matter pending before or accrued under the jurisdiction of
the Fair Employment Practices Commission or the Department of Equal
Employment Opportunity. Each charge, complaint, or matter shall be
assumed by the Department or Commission, as provided in this Act, at the
same stage, or a parallel stage, of proceeding to which it had
progressed prior to the effective date of this Act.
(B) Special Cases. The Human Rights Act shall not in any way affect or
abate any right,
claim or cause of action under the "Equal Opportunities for the Handicapped
Act", approved August 23, 1971, as amended, which accrued or arose prior
to July 1, 1980.
(Source: P.A. 99-642, eff. 7-28-16.)
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(775 ILCS 5/Art. 10 heading) ARTICLE 10.
CIRCUIT COURT ACTIONS
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(775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
Sec. 10-101. Applicability. With the exception of Sections 10-104 and 10-105, this Article shall apply solely to civil
actions arising under Article 3 of this Act.
(Source: P.A. 103-335, eff. 1-1-24.)
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(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) An aggrieved party may commence a civil action in | ||
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(2) The computation of such 2-year period shall not | ||
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(3) An aggrieved party may commence a civil action | ||
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(4) An aggrieved party shall not commence a civil | ||
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(B) Appointment of Attorney by Court. Upon application by a person
alleging a civil rights violation or a person against whom
the civil rights violation is alleged, if in the opinion of the court such
person is financially unable to bear the costs of such action, the court may:
(1) appoint an attorney for such person, any attorney | ||
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(2) authorize the commencement or continuation of a | ||
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(C) Relief which may be granted. (1) In a civil action under subsection (A) if the | ||
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(2) In a civil action under subsection (A), the | ||
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(D) Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General
may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under this Section. Upon such intervention, the court
may award any of the remedies set forth in Section 8B-104 and subsection (B) of Section 10-104.
(Source: P.A. 102-706, eff. 4-22-22; 103-335, eff. 1-1-24.)
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(775 ILCS 5/10-103) (from Ch. 68, par. 10-103) Sec. 10-103. Circuit court actions pursuant to election. (A) If an election is made under Section 8B-102, the Department shall authorize and, not later than 30 days after the administrative closure order is entered by the Commission and served on the Department, the Attorney General shall commence and maintain a civil action on behalf of the aggrieved party in a circuit court of Illinois seeking relief under this Section. Venue for such civil action shall be determined under Section 8-111(A)(1). (B) Any aggrieved party with respect to the issues to be determined in a civil action under this Section may intervene as of right in that civil action. (C) In a civil action under this Section, if the court finds that a civil rights violation has occurred or is about to occur the court may grant as relief any relief which a court could grant with respect to such civil rights violation in a civil action under Section 10-102. Any relief so granted that would accrue to an aggrieved party in a civil action commenced by that aggrieved party under Section 10-102 shall also accrue to that aggrieved party in a civil action under this Section. If monetary relief is sought for the benefit of an aggrieved party who does not intervene in the civil action, the court shall not award such relief if that aggrieved party has not complied with discovery orders entered by the court.(Source: P.A. 103-859, eff. 1-1-25.) |
(775 ILCS 5/10-104) Sec. 10-104. Circuit Court Actions by the Illinois Attorney General. (A) Standing, venue, limitations on actions, preliminary investigations, notice, and Assurance of Voluntary Compliance. (1) Whenever the Illinois Attorney General has | ||
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(2) Prior to initiating a civil action, the Attorney | ||
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(a) require the individual or entity to file a | ||
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(b) examine under oath any person alleged to have | ||
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(c) issue subpoenas or conduct hearings in aid of | ||
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(3) Service by the Attorney General of any notice | ||
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(a) personally by delivery of a duly executed | ||
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(b) by mailing by certified mail a duly executed | ||
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(4) In lieu of a civil action, the individual or | ||
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(5) The Illinois Attorney General may commence a | ||
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(6) Subpoenas. (a) Petition for enforcement. Whenever any person | ||
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(b) Petition to modify or set aside a subpoena. (i) Any person who has received a subpoena | ||
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(ii) The petition shall specify each ground | ||
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(c) Jurisdiction. Whenever any petition is filed | ||
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(B) Relief which may be granted. (1) In any civil action brought pursuant to | ||
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(a) for violations of this Act in an amount not | ||
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(b) for violations of this Act in an amount not | ||
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(c) for violations of this Act in an amount not | ||
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(2) A civil penalty imposed under subdivision (B)(1) | ||
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(3) Aggrieved parties seeking actual damages must | ||
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(Source: P.A. 103-859, eff. 1-1-25.) |
(775 ILCS 5/10-105) Sec. 10-105. Intervention by the Attorney General. If the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court under Section 7A-102. Upon such intervention, the court or jury may award any of the remedies set forth in Section 8A-104 and subsection (B) of Section 10-104.(Source: P.A. 103-335, eff. 1-1-24.) |