| ||||
Public Act 103-0150 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Short title. This Act may be cited as the Civil | ||||
Rights Remedies Restoration Act. | ||||
Section 5. Legislative findings. | ||||
(a) For decades, courts and juries have awarded damages | ||||
for emotional distress for violations of federal civil rights | ||||
statutes passed pursuant to Congress's authority under the | ||||
Spending Clause of the U.S. Constitution (Article I, Section | ||||
8, Clause 1). | ||||
(b) The U.S. Supreme Court's decision in Cummings v. | ||||
Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (2022) | ||||
prohibits damages for emotional distress for violations of the | ||||
Spending Clause statutes at issue there, the Rehabilitation | ||||
Act of 1973, and the Patient Protection and Affordable Care | ||||
Act, unless they expressly provide for such damages. The | ||||
decision will likely impair the availability of emotional | ||||
distress damages under other federal civil rights statutes as | ||||
well. | ||||
(c) As a result of the Cummings decision, an individual | ||||
whose civil rights have been violated will be left without the | ||||
full range of remedies once available, and perpetrators of |
discrimination will no longer be required to make their | ||
victims whole. | ||
(d) To promote the general welfare, deter unlawful | ||
conduct, encourage victims of discrimination to vindicate | ||
their rights, and ensure access to the courts, the General | ||
Assembly finds it proper to establish a statutory minimum of | ||
$4,000 for any violation of this Act. | ||
Section 10. Purpose. The purpose of this Act is to restore | ||
in Illinois the full enjoyment of the civil rights unjustly | ||
limited by the U.S. Supreme Court in its decision in Cummings. | ||
Section 15. Violation. A violation of Section 504 of the | ||
Rehabilitation Act of 1973 (29 U.S.C. 794), Section 1557 of | ||
the Patient Protection and Affordable Care Act (42 U.S.C. | ||
18116), Title II of the Americans with Disabilities Act of | ||
1990 (42 U.S.C. 12132 et seq.), the Age Discrimination Act of | ||
1975 (42 U.S.C. 6101 et seq.), Title IX of the Education | ||
Amendments of 1972 (20 U.S.C. 1681 et seq.), Title VI of the | ||
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or the | ||
provisions of any other federal statute prohibiting | ||
discrimination under a program or activity receiving federal | ||
financial assistance shall constitute a violation of this Act. | ||
Section 20. Remedies. Whoever injures another by a | ||
violation of this Act is liable for each and every offense for |
all remedies available at law, including, but not limited to, | ||
damages for past, current, and future monetary losses, | ||
emotional pain, suffering, inconvenience, mental anguish, loss | ||
of enjoyment of life, and other nonmonetary losses, and any | ||
amount that may be determined by a jury, or a court sitting | ||
without a jury, but in no case less than $4,000, and any | ||
attorney's fees, costs, and expenses, including, but not | ||
limited to, expert witness fees, that may be determined by the | ||
court in addition thereto. | ||
Section 25. Other relief. In addition to the monetary | ||
damages provided in Section 20, the court, as it deems | ||
appropriate, may grant as relief any permanent or preliminary | ||
negative or mandatory injunction, temporary restraining order, | ||
order of declaratory judgment, or other relief. | ||
Section 30. Filing claims; enforcement under the Illinois | ||
Human Rights Act; State waivers. Claims for violation of this | ||
Act may be filed in any court of competent jurisdiction. | ||
Nothing in this Act shall be interpreted to limit any | ||
enforcement authority available under the Illinois Human | ||
Rights Act. The State waives sovereign and Eleventh Amendment | ||
of the United States Constitution immunity for any violation | ||
of this Act.
|