Bill Text: IL HB5371 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Human Rights Act. Provides that an employer is responsible for harassment and sexual harassment of its employees by the employer's nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Changes the definition of "real estate transaction" to include any act that otherwise makes available such a transaction or alters a person's right to real property. Makes it a civil rights violation in a real estate transaction to: make unavailable or deny real property to discriminate in making available such a transaction; or use criteria or methods that have the effect of subjecting individuals to unlawful discrimination or discrimination based on familial status, immigration status, source of income, or an arrest record in a real estate transaction. Provides that an aggrieved party may take action to collect on a judicial order issued by the Circuit Court in an action initiated by the State, regardless of whether or not the aggrieved party intervened in an enforcement action of a Human Rights Commission order. Provides that, in imposing a penalty based on a real estate transaction violation, the Commission may order a respondent to pay a civil penalty per violation to vindicate the public interest, and in imposing a civil penalty to vindicate the public interest, a separate penalty may be imposed for each specific act constituting a civil rights violation and for each aggrieved party injured by the civil rights violation. Deletes language authorizing each commissioner of the Human Rights Commission to hire a staff attorney. Repeals language regarding the collection of information concerning employment discrimination in relation to persons affected by the federal Immigration Reform and Control Act of 1986. Makes other changes.

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0859 [HB5371 Detail]

Download: Illinois-2023-HB5371-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 2-102, 3-101, 3-102, 8-101, 8-111, 8B-104,
10-103, and 10-104 as follows:
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil rights violations - employment. It is a
civil rights violation:
(A) Employers. For any employer to refuse to hire, to
segregate, to engage in harassment as defined in
subsection (E-1) of Section 2-101, 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 on the basis of unlawful discrimination,
citizenship status, or work authorization status. An
employer shall be is responsible for harassment of the
employer's employees by the employer's nonmanagerial and
nonsupervisory employees, nonemployees as defined in
subsection (A-10) of this Section, and third parties,
including, but not limited to, customers, clients,
vendors, or other visitors only if the employer becomes

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aware of the conduct and fails to take reasonable
corrective measures.
(A-5) Language. For an employer to impose a
restriction that has the effect of prohibiting a language
from being spoken by an employee in communications that
are unrelated to the employee's duties.
For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish,
or Chinese. "Language" does not include such things as
slang, jargon, profanity, or vulgarity.
(A-10) Harassment of nonemployees. For any employer,
employment agency, or labor organization to engage in
harassment of nonemployees in the workplace. An employer
shall be is responsible for harassment of nonemployees by
the employer's nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and
fails to take reasonable corrective measures. For the
purposes of this subdivision (A-10), "nonemployee" means a
person who is not otherwise an employee of the employer
and is directly performing services for the employer
pursuant to a contract with that employer. "Nonemployee"
includes contractors and consultants. This subdivision
applies to harassment occurring on or after the effective
date of this amendatory Act of the 101st General Assembly.
(B) Employment agency. For any employment agency to
fail or refuse to classify properly, accept applications

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and register for employment referral or apprenticeship
referral, refer for employment, or refer for
apprenticeship on the basis of unlawful discrimination,
citizenship status, or work authorization status or to
accept from any person any job order, requisition or
request for referral of applicants for employment or
apprenticeship which makes or has the effect of making
unlawful discrimination or discrimination on the basis of
citizenship status or work authorization status a
condition of referral.
(C) Labor organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to
take, or fail to take, any action which affects adversely
any person's status as an employee or as an applicant for
employment or as an apprentice, or as an applicant for
apprenticeships, or wages, tenure, hours of employment or
apprenticeship conditions on the basis of unlawful
discrimination, citizenship status, or work authorization
status.
(D) Sexual harassment. For any employer, employee,
agent of any employer, employment agency or labor
organization to engage in sexual harassment. An ; provided,
that an employer shall be responsible for sexual
harassment of the employer's employees by nonemployees or

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nonmanagerial and nonsupervisory employees, nonemployees
as defined in subsection (D-5) of this Section, and third
parties, including, but not limited to, customers,
clients, vendors, or other visitors only if the employer
becomes aware of the conduct and fails to take reasonable
corrective measures.
(D-5) Sexual harassment of nonemployees. For any
employer, employee, agent of any employer, employment
agency, or labor organization to engage in sexual
harassment of nonemployees in the workplace. An employer
shall be is responsible for sexual harassment of
nonemployees by the employer's nonmanagerial and
nonsupervisory employees only if the employer becomes
aware of the conduct and fails to take reasonable
corrective measures. For the purposes of this subdivision
(D-5), "nonemployee" means a person who is not otherwise
an employee of the employer and is directly performing
services for the employer pursuant to a contract with that
employer. "Nonemployee" includes contractors and
consultants. This subdivision applies to sexual harassment
occurring on or after the effective date of this
amendatory Act of the 101st General Assembly.
(E) Public employers. For any public employer to
refuse to permit a public employee under its jurisdiction
who takes time off from work in order to practice his or
her religious beliefs to engage in work, during hours

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other than such employee's regular working hours,
consistent with the operational needs of the employer and
in order to compensate for work time lost for such
religious reasons. Any employee who elects such deferred
work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work
period. The employer may require that an employee who
plans to take time off from work in order to practice his
or her religious beliefs provide the employer with a
notice of his or her intention to be absent from work not
exceeding 5 days prior to the date of absence.
(E-5) Religious discrimination. For any employer to
impose upon a person as a condition of obtaining or
retaining employment, including opportunities for
promotion, advancement, or transfer, any terms or
conditions that would require such person to violate or
forgo a sincerely held practice of his or her religion
including, but not limited to, the wearing of any attire,
clothing, or facial hair in accordance with the
requirements of his or her religion, unless, after
engaging in a bona fide effort, the employer demonstrates
that it is unable to reasonably accommodate the employee's
or prospective employee's sincerely held religious belief,
practice, or observance without undue hardship on the
conduct of the employer's business.
Nothing in this Section prohibits an employer from

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enacting a dress code or grooming policy that may include
restrictions on attire, clothing, or facial hair to
maintain workplace safety or food sanitation.
(F) Training and apprenticeship programs. For any
employer, employment agency or labor organization to
discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
(G) Immigration-related practices.
(1) for an employer to request for purposes of
satisfying the requirements of Section 1324a(b) of
Title 8 of the United States Code, as now or hereafter
amended, more or different documents than are required
under such Section or to refuse to honor documents
tendered that on their face reasonably appear to be
genuine or to refuse to honor work authorization based
upon the specific status or term of status that
accompanies the authorization to work; or
(2) for an employer participating in the E-Verify
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
Programs for Employment Eligibility Confirmation
(enacted by PL 104-208, div. C title IV, subtitle A) 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

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of employment without following the procedures under
the E-Verify Program.
(H) (Blank).
(I) Pregnancy. For an employer 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 on the basis of
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth. Women affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth shall be treated the
same for all employment-related purposes, including
receipt of benefits under fringe benefit programs, as
other persons not so affected but similar in their ability
or inability to work, regardless of the source of the
inability to work or employment classification or status.
(J) Pregnancy; reasonable accommodations.
(1) If after a job applicant or employee,
including a part-time, full-time, or probationary
employee, requests a reasonable accommodation, for an
employer to not make reasonable accommodations for any
medical or common condition of a job applicant or
employee related to pregnancy or childbirth, unless
the employer can demonstrate that the accommodation
would impose an undue hardship on the ordinary

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operation of the business of the employer. The
employer may request documentation from the employee's
health care provider concerning the need for the
requested reasonable accommodation or accommodations
to the same extent documentation is requested for
conditions related to disability if the employer's
request for documentation is job-related and
consistent with business necessity. The employer may
require only the medical justification for the
requested accommodation or accommodations, a
description of the reasonable accommodation or
accommodations medically advisable, the date the
reasonable accommodation or accommodations became
medically advisable, and the probable duration of the
reasonable accommodation or accommodations. It is the
duty of the individual seeking a reasonable
accommodation or accommodations to submit to the
employer any documentation that is requested in
accordance with this paragraph. Notwithstanding the
provisions of this paragraph, the employer may require
documentation by the employee's health care provider
to determine compliance with other laws. The employee
and employer shall engage in a timely, good faith, and
meaningful exchange to determine effective reasonable
accommodations.
(2) For an employer to deny employment

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opportunities or benefits to or take adverse action
against an otherwise qualified job applicant or
employee, including a part-time, full-time, or
probationary employee, if the denial or adverse action
is based on the need of the employer to make reasonable
accommodations to the known medical or common
conditions related to the pregnancy or childbirth of
the applicant or employee.
(3) For an employer to require a job applicant or
employee, including a part-time, full-time, or
probationary employee, affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to accept an accommodation
when the applicant or employee did not request an
accommodation and the applicant or employee chooses
not to accept the employer's accommodation.
(4) For an employer to require an employee,
including a part-time, full-time, or probationary
employee, to take leave under any leave law or policy
of the employer if another reasonable accommodation
can be provided to the known medical or common
conditions related to the pregnancy or childbirth of
an employee. No employer shall fail or refuse to
reinstate the employee affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to her original job or to an

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equivalent position with equivalent pay and
accumulated seniority, retirement, fringe benefits,
and other applicable service credits upon her
signifying her intent to return or when her need for
reasonable accommodation ceases, unless the employer
can demonstrate that the accommodation would impose an
undue hardship on the ordinary operation of the
business of the employer.
For the purposes of this subdivision (J), "reasonable
accommodations" means reasonable modifications or
adjustments to the job application process or work
environment, or to the manner or circumstances under which
the position desired or held is customarily performed,
that enable an applicant or employee affected by
pregnancy, childbirth, or medical or common conditions
related to pregnancy or childbirth to be considered for
the position the applicant desires or to perform the
essential functions of that position, and may include, but
is not limited to: more frequent or longer bathroom
breaks, breaks for increased water intake, and breaks for
periodic rest; private non-bathroom space for expressing
breast milk and breastfeeding; seating; assistance with
manual labor; light duty; temporary transfer to a less
strenuous or hazardous position; the provision of an
accessible worksite; acquisition or modification of
equipment; job restructuring; a part-time or modified work

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schedule; appropriate adjustment or modifications of
examinations, training materials, or policies;
reassignment to a vacant position; time off to recover
from conditions related to childbirth; and leave
necessitated by pregnancy, childbirth, or medical or
common conditions resulting from pregnancy or childbirth.
For the purposes of this subdivision (J), "undue
hardship" means an action that is prohibitively expensive
or disruptive when considered in light of the following
factors: (i) the nature and cost of the accommodation
needed; (ii) the overall financial resources of the
facility or facilities involved in the provision of the
reasonable accommodation, the number of persons employed
at the facility, the effect on expenses and resources, or
the impact otherwise of the accommodation upon the
operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the
business of the employer with respect to the number of its
employees, and the number, type, and location of its
facilities; and (iv) the type of operation or operations
of the employer, including the composition, structure, and
functions of the workforce of the employer, the geographic
separateness, administrative, or fiscal relationship of
the facility or facilities in question to the employer.
The employer has the burden of proving undue hardship. The
fact that the employer provides or would be required to

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provide a similar accommodation to similarly situated
employees creates a rebuttable presumption that the
accommodation does not impose an undue hardship on the
employer.
No employer is required by this subdivision (J) to
create additional employment that the employer would not
otherwise have created, unless the employer does so or
would do so for other classes of employees who need
accommodation. The employer is not required to discharge
any employee, transfer any employee with more seniority,
or promote any employee who is not qualified to perform
the job, unless the employer does so or would do so to
accommodate other classes of employees who need it.
(K) Notice.
(1) For an employer to fail to post or keep posted
in a conspicuous location on the premises of the
employer where notices to employees are customarily
posted, or fail to include in any employee handbook
information concerning an employee's rights under this
Article, a notice, to be prepared or approved by the
Department, summarizing the requirements of this
Article and information pertaining to the filing of a
charge, including the right to be free from unlawful
discrimination, the right to be free from sexual
harassment, and the right to certain reasonable
accommodations. The Department shall make the

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documents required under this paragraph available for
retrieval from the Department's website.
(2) Upon notification of a violation of paragraph
(1) of this subdivision (K), the Department may launch
a preliminary investigation. If the Department finds a
violation, the Department may issue a notice to show
cause giving the employer 30 days to correct the
violation. If the violation is not corrected, the
Department may initiate a charge of a civil rights
violation.
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
(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

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loans or providing other financial assistance:
(1) for purchasing, constructing, improving, repairing
or maintaining a dwelling; or
(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
individual or individuals; or
(2) the designee of such parent or other person having
such custody, with the written permission of such parent
or other person.
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

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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
buildings have one or more elevators; and
(2) ground floor units in other buildings consisting
of 4 or more units.
(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.)
(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,

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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
transaction with a person or otherwise make unavailable or
deny real property, or to discriminate in making available
such a transaction;
(B) Terms. Alter the terms, conditions or privileges
of a real estate transaction or in the furnishing of
facilities or services in connection therewith;
(C) Offers. Refuse to receive or to fail to transmit a
bona fide offer in a real estate transaction from a
person;
(D) Negotiation. Refuse to negotiate a real estate
transaction with a person;
(E) Representations. Represent to a person that real
property is not available for inspection, sale, rental, or
lease when in fact it is so available, or to fail to bring
a property listing to the person's attention, or to refuse
to permit the person to inspect real property;
(F) Publication of Intent. Make, print, circulate,
post, mail, publish or cause to be made, printed,
circulated, posted, mailed, or published any notice,
statement, advertisement or sign, or use a form of
application for a real estate transaction, or make a
record or inquiry in connection with a prospective real

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estate transaction, that indicates any preference,
limitation, or discrimination based on unlawful
discrimination or unlawful discrimination based on
familial status, immigration status, source of income, or
an arrest record, or an intention to make any such
preference, limitation, or discrimination;
(G) Listings. Offer, solicit, accept, use or retain a
listing of real property with knowledge that unlawful
discrimination or discrimination on the basis of familial
status, immigration status, source of income, or an arrest
record in a real estate transaction is intended.
(H) Criteria. Use criteria or methods that have the
effect of subjecting individuals to unlawful
discrimination or discrimination based on familial status,
immigration status, source of income, or an arrest record
in a real estate transaction.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
(775 ILCS 5/8-101)
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

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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 this amendatory Act of the 100th General
Assembly, 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
a recess of the Senate, the Governor shall make a

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temporary appointment until the next meeting of the Senate
when the Governor shall appoint a person to fill the
vacancy. Any person so nominated and confirmed by the
Senate shall hold office for the remainder of the term and
until the person's successor is appointed and qualified.
(2) If the Senate is not in session at the time this
Act takes effect, the Governor shall make temporary
appointments to the Commission as in the case of
vacancies.
(3) Vacancies in the Commission shall not impair the
right of the remaining members to exercise all the powers
of the Commission. Except when authorized by this Act to
proceed through a 3 member panel, a majority of the
members of the Commission then in office shall constitute
a quorum.
(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). Notwithstanding the general supervisory

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authority of the Chairperson, each commissioner, unless
appointed to the special temporary panel created under
subsection (H), has the authority to hire and supervise a
staff attorney. The staff attorney shall report directly to
the individual commissioner.
(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
of commissioner;
(2) current issues in employment and housing
discrimination and public accommodation law and practice;
(3) orientation to each operational unit of the Human
Rights Commission;
(4) observation of experienced hearing officers and
commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(5) the use of hypothetical cases requiring the newly
appointed commissioner to issue judgments as a means of
evaluating knowledge and writing ability;
(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

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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
officer at the Human Rights Commission; or
(3) at least 4 years of professional experience
working for or dealing with individuals or corporations
affected by this Act or similar laws in other
jurisdictions, including, but not limited to, experience
with a civil rights advocacy group, a fair housing group,
a community organization, a trade association, a union, a
law firm, a legal aid organization, an employer's human
resources department, an employment discrimination
consulting firm, a community affairs organization, or a
municipal human relations agency.
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

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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;
revised 12-15-23.)
(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
pursuant to Section 7A-102 or 8B-102 shall be commenced in
the circuit court in the county in which the civil rights
violation was allegedly committed.
(2) If a civil action is commenced in a circuit court,
the form of the complaint shall be in accordance with the
Code of Civil Procedure.
(3) Jury Trial. If a civil action is commenced in a
circuit court under Section 7A-102 or 8B-102, the
plaintiff or defendant may demand trial by jury.
(4) Remedies. Upon the finding of a civil rights
violation, the circuit court or jury may award any of the
remedies set forth in Section 8A-104 or 8B-104.

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(B) Judicial Review.
(1) Any complainant or respondent may apply for and
obtain judicial review of a final order of the Commission
entered under this Act by filing a petition for review in
the Appellate Court within 35 days from the date that a
copy of the decision sought to be reviewed was served upon
the party affected by the decision. If a 3-member panel or
the full Commission finds that an interlocutory order
involves a question of law as to which there is
substantial ground for difference of opinion and that an
immediate appeal from the order may materially advance the
ultimate termination of the litigation, any party may
petition the Appellate Court for permission to appeal the
order. The procedure for obtaining the required Commission
findings and the permission of the Appellate Court shall
be governed by Supreme Court Rule 308, except the
references to the "trial court" shall be understood as
referring to the Commission.
(2) In any proceeding brought for judicial review, the
Commission's findings of fact shall be sustained unless
the court determines that such findings are contrary to
the manifest weight of the evidence.
(3) Venue. Proceedings for judicial review shall be
commenced in the appellate court for the district wherein
the civil rights violation which is the subject of the
Commission's order was allegedly committed.

HB5371 Engrossed - 24 - LRB103 39459 JRC 69653 b
(C) Judicial Enforcement.
(1) When the Commission, at the instance of the
Department or an aggrieved party, concludes that any
person has violated a valid order of the Commission issued
pursuant to this Act, and the violation and its effects
are not promptly corrected, the Commission, through a
panel of 3 members, shall order the Department to commence
an action in the name of the People of the State of
Illinois by complaint, alleging the violation, attaching a
copy of the order of the Commission and praying for the
issuance of an order directing such person, his or her or
its officers, agents, servants, successors and assigns to
comply with the order of the Commission.
(2) An aggrieved party may file a complaint for
enforcement of a valid order of the Commission directly in
Circuit Court.
(3) Upon the commencement of an action filed under
paragraphs (1) or (2) of this subsection, the court shall
have jurisdiction over the proceedings and power to grant
or refuse, in whole or in part, the relief sought or impose
such other remedy as the court may deem proper.
(4) The court may stay an order of the Commission in
accordance with the applicable Supreme Court rules,
pending disposition of the proceedings.
(5) The court may punish for any violation of its
order as in the case of civil contempt.

HB5371 Engrossed - 25 - LRB103 39459 JRC 69653 b
(6) Venue. Proceedings for judicial enforcement of a
Commission order shall be commenced in the circuit court
in the county wherein the civil rights violation which is
the subject of the Commission's order was committed.
(7) Enforcement of judicial order. An aggrieved party
may take action to collect on a judicial order issued by
the Circuit Court in an enforcement action initiated by
the State, regardless of whether or not the aggrieved
party intervened in an enforcement action.
(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. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
(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

HB5371 Engrossed - 26 - LRB103 39459 JRC 69653 b
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) Civil Penalty. Pay a civil penalty per violation
to vindicate the public interest. In imposing a civil
penalty to vindicate the public interest, a separate
penalty may be imposed for each specific act constituting
a civil rights violation as defined in Section 1-103, and
for each aggrieved party injured by the civil rights
violation:
(i) in an amount not exceeding $16,000 if the
respondent has not been adjudged to have committed any
prior civil rights violation under Article 3;
(ii) in an amount not exceeding $42,500 if the
respondent has been adjudged to have committed one
other civil rights violation under Article 3 during
the 5-year period ending on the date of the filing of
this charge; and
(iii) in an amount not exceeding $70,000 if the
respondent has been adjudged to have committed 2 or
more civil rights violations under Article 3 during
the 7-year period ending on the date of the filing of

HB5371 Engrossed - 27 - LRB103 39459 JRC 69653 b
this charge; except that if the acts constituting the
civil rights violation that is the object of the
charge are committed by the same natural person who
has been previously adjudged to have committed acts
constituting a civil rights violation under Article 3,
then the civil penalties set forth in subparagraphs
(ii) and (iii) may be imposed without regard to the
period of time within which any subsequent civil
rights violation under Article 3 occurred.
(D) Attorney Fees; Costs. Pay to the complainant all
or a portion of the costs of maintaining the action,
including reasonable attorneys fees and expert witness
fees incurred in maintaining this action before the
Department, the Commission and in any judicial review and
judicial enforcement proceedings.
(E) Compliance Report. Report as to the manner of
compliance.
(F) 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.
(G) 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 from the date of the civil

HB5371 Engrossed - 28 - LRB103 39459 JRC 69653 b
rights violation.
(Source: P.A. 99-548, eff. 1-1-17.)
(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 entry of 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

HB5371 Engrossed - 29 - LRB103 39459 JRC 69653 b
shall not award such relief if that aggrieved party has not
complied with discovery orders entered by the court.
(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
(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
reasonable cause to believe that any person or group of
persons is engaged in a pattern and practice of
discrimination prohibited by this Act, the Illinois
Attorney General may commence a civil action in the name
of the People of the State, as parens patriae on behalf of
persons within the State to enforce the provisions of this
Act in any appropriate circuit court. Venue for this civil
action shall be determined under paragraph (1) of
subsection (A) of Section 8-111. Such actions shall be
commenced no later than 2 years after the occurrence or
the termination of an alleged civil rights violation or
the breach of a conciliation agreement or Assurance of
Voluntary Compliance entered into under this Act,
whichever occurs last, to obtain relief with respect to
the alleged civil rights violation or breach.
(2) Prior to initiating a civil action, the Attorney

HB5371 Engrossed - 30 - LRB103 39459 JRC 69653 b
General shall conduct a preliminary investigation to
determine whether there is reasonable cause to believe
that any person or group of persons is engaged in a pattern
and practice of discrimination declared unlawful by this
Act and whether the dispute can be resolved without
litigation. In conducting this investigation, the Attorney
General may:
(a) require the individual or entity to file a
statement or report in writing under oath or
otherwise, as to all information the Attorney General
may consider necessary;
(b) examine under oath any person alleged to have
participated in or with knowledge of the alleged
pattern and practice violation; or
(c) issue subpoenas or conduct hearings in aid of
any investigation.
(3) Service by the Attorney General of any notice
requiring a person to file a statement or report, or of a
subpoena upon any person, shall be made:
(a) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is
not a natural person, in the manner provided in the
Code of Civil Procedure when a complaint is filed; or
(b) by mailing by certified mail a duly executed
copy thereof to the person to be served at his or her
last known abode or principal place of business within

HB5371 Engrossed - 31 - LRB103 39459 JRC 69653 b
this State.
(4) In lieu of a civil action, the individual or
entity alleged to have engaged in a pattern or practice of
discrimination deemed violative of this Act may enter into
an Assurance of Voluntary Compliance with respect to the
alleged pattern or practice violation.
(5) The Illinois Attorney General may commence a civil
action under this subsection (A) whether or not a charge
has been filed under Sections 7A-102 or 7B-102 and without
regard to the status of any charge, however, if the
Department or local agency has obtained a conciliation or
settlement agreement or if the parties have entered into
an Assurance of Voluntary Compliance no action may be
filed under this subsection (A) with respect to the
alleged civil rights violation practice that forms the
basis for the complaint except for the purpose of
enforcing the terms of the conciliation or settlement
agreement or the terms of the Assurance of Voluntary
Compliance.
(6) Subpoenas.
(a) Petition for enforcement. Whenever any person
fails to comply with any subpoena issued under
paragraph (2) of this subsection (A), or whenever
satisfactory copying or reproduction of any material
requested in an investigation cannot be done and the
person refuses to surrender the material, the Attorney

HB5371 Engrossed - 32 - LRB103 39459 JRC 69653 b
General may file in any appropriate circuit court, and
serve upon the person, a petition for a court order for
the enforcement of the subpoena or other request.
Venue for this enforcement action shall be determined
under paragraph (E)(1) of Section 8-104.
(b) Petition to modify or set aside a subpoena.
(i) Any person who has received a subpoena
issued under paragraph (2) of this subsection (A)
may file in the appropriate circuit court, and
serve upon the Attorney General, a petition for a
court order to modify or set aside the subpoena or
other request. The petition must be filed either
(I) within 20 days after the date of service of the
subpoena or at any time before the return date
specified in the subpoena, whichever date is
earlier, or (II) within such longer period as may
be prescribed in writing by the Attorney General.
(ii) The petition shall specify each ground
upon which the petitioner relies in seeking relief
under subdivision (i) and may be based upon any
failure of the subpoena to comply with the
provisions of this Section or upon any
constitutional or other legal right or privilege
of the petitioner. During the pendency of the
petition in the court, the court may stay, as it
deems proper, the running of the time allowed for

HB5371 Engrossed - 33 - LRB103 39459 JRC 69653 b
compliance with the subpoena or other request, in
whole or in part, except that the petitioner shall
comply with any portion of the subpoena or other
request not sought to be modified or set aside.
(c) Jurisdiction. Whenever any petition is filed
in any circuit court under this paragraph (6), the
court shall have jurisdiction to hear and determine
the matter so presented and to enter such orders as may
be required to carry out the provisions of this
Section. Any final order so entered shall be subject
to appeal in the same manner as appeals of other final
orders in civil matters. Any disobedience of any final
order entered under this paragraph (6) by any court
shall be punished as a contempt of the court.
(B) Relief which may be granted.
(1) In any civil action brought pursuant to subsection
(A) of this Section, the Attorney General may obtain as a
remedy, equitable relief (including any permanent or
preliminary injunction, temporary restraining order, or
other order, including an order enjoining the defendant
from engaging in such civil rights violation or ordering
any action as may be appropriate). In addition, the
Attorney General may request and the Court may impose
restitution to any aggrieved party injured by the pattern
or practice of discrimination, to the extent not covered
by other sources, and a civil penalty per civil rights

HB5371 Engrossed - 34 - LRB103 39459 JRC 69653 b
violation to vindicate the public interest. In imposing a
civil penalty to vindicate the public interest, each
instance in which a provision of this Act is violated as
part of a pattern or practice of discrimination may be
considered to constitute a separate violation or
violations, as may each aggrieved party harmed:
(a) for violations of this Act Article 3 and
Article 4 in an amount not exceeding $50,000 $25,000
per violation, and in the case of violations of all
other Articles in an amount not exceeding $10,000 if
the defendant has not been adjudged to have committed
any prior civil rights violations under any the
provision of the Act that is the basis of the
complaint;
(b) for violations of this Act Article 3 and
Article 4 in an amount not exceeding $75,000 $50,000
per violation, and in the case of violations of all
other Articles in an amount not exceeding $25,000 if
the defendant has been adjudged to have committed one
other civil rights violation under any the provision
of the Act within 5 years of the occurrence of the
civil rights violation that is the basis of the
complaint; and
(c) for violations of this Act Article 3 and
Article 4 in an amount not exceeding $100,000 $75,000
per violation, and in the case of violations of all

HB5371 Engrossed - 35 - LRB103 39459 JRC 69653 b
other Articles in an amount not exceeding $50,000 if
the defendant has been adjudged to have committed 2 or
more civil rights violations under any the provision
of the Act within 5 years of the occurrence of the
civil rights violation that is the basis of the
complaint.
(2) A civil penalty imposed under subdivision (B)(1)
of this Section shall be deposited into the Attorney
General Court Ordered and Voluntary Compliance Payment
Projects Fund, which is a special fund in the State
Treasury. Moneys in the Fund shall be used, subject to
appropriation, for the performance of any function
pertaining to the exercise of the duties of the Attorney
General including but not limited to enforcement of any
law of this State and conducting public education
programs; however, any moneys in the Fund that are
required by the court or by an agreement to be used for a
particular purpose shall be used for that purpose.
(3) Aggrieved parties seeking actual damages must
follow the procedure set out in Sections 7A-102 or 7B-102
for filing a charge. An action brought by the Illinois
Attorney General pursuant to this Section is independent
of any other action, remedy, or procedure that may be
available to an aggrieved party under any other provision
of law, including, but not limited to, an action, remedy,
or procedure brought pursuant to the procedures set out in

HB5371 Engrossed - 36 - LRB103 39459 JRC 69653 b
Section 7A-102 or 7B-102.
(Source: P.A. 101-661, eff. 4-2-21.)
(775 ILCS 5/8-113 rep.)
Section 10. The Illinois Human Rights Act is amended by
repealing Section 8-113.
HB5371 Engrossed - 37 - LRB103 39459 JRC 69653 b
INDEX
Statutes amended in order of appearance