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1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Human Rights Act is amended by
5		changing Sections 2-102, 3-101, 3-102, 8-101, 8-111, 8B-104,
6		10-103, and 10-104 as follows:
7		(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
8		Sec. 2-102. Civil rights violations - employment. It is a
9		civil rights violation:
10		(A) Employers. For any employer to refuse to hire, to
11		segregate, to engage in harassment as defined in
12		subsection (E-1) of Section 2-101, or to act with respect
13		to recruitment, hiring, promotion, renewal of employment,
14		selection for training or apprenticeship, discharge,
15		discipline, tenure or terms, privileges or conditions of
16		employment on the basis of unlawful discrimination,
17		citizenship status, or work authorization status. An
18		employer shall be is responsible for harassment of the
19		employer's employees by the employer's nonmanagerial and
20		nonsupervisory employees, nonemployees as defined in
21		subsection (A-10) of this Section, and third parties,
22		including, but not limited to, customers, clients,
23		vendors, or other visitors only if the employer becomes

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

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1		and register for employment referral or apprenticeship
2		referral, refer for employment, or refer for
3		apprenticeship on the basis of unlawful discrimination,
4		citizenship status, or work authorization status or to
5		accept from any person any job order, requisition or
6		request for referral of applicants for employment or
7		apprenticeship which makes or has the effect of making
8		unlawful discrimination or discrimination on the basis of
9		citizenship status or work authorization status a
10		condition of referral.
11		(C) Labor organization. For any labor organization to
12		limit, segregate or classify its membership, or to limit
13		employment opportunities, selection and training for
14		apprenticeship in any trade or craft, or otherwise to
15		take, or fail to take, any action which affects adversely
16		any person's status as an employee or as an applicant for
17		employment or as an apprentice, or as an applicant for
18		apprenticeships, or wages, tenure, hours of employment or
19		apprenticeship conditions on the basis of unlawful
20		discrimination, citizenship status, or work authorization
21		status.
22		(D) Sexual harassment. For any employer, employee,
23		agent of any employer, employment agency or labor
24		organization to engage in sexual harassment. An ; provided,
25		that an employer shall be responsible for sexual
26		harassment of the employer's employees by nonemployees or

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

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

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1		enacting a dress code or grooming policy that may include
2		restrictions on attire, clothing, or facial hair to
3		maintain workplace safety or food sanitation.
4		(F) Training and apprenticeship programs. For any
5		employer, employment agency or labor organization to
6		discriminate against a person on the basis of age in the
7		selection, referral for or conduct of apprenticeship or
8		training programs.
9		(G) Immigration-related practices.
10		(1) for an employer to request for purposes of
11		satisfying the requirements of Section 1324a(b) of
12		Title 8 of the United States Code, as now or hereafter
13		amended, more or different documents than are required
14		under such Section or to refuse to honor documents
15		tendered that on their face reasonably appear to be
16		genuine or to refuse to honor work authorization based
17		upon the specific status or term of status that
18		accompanies the authorization to work; or
19		(2) for an employer participating in the E-Verify
20		Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
21		Programs for Employment Eligibility Confirmation
22		(enacted by PL 104-208, div. C title IV, subtitle A) to
23		refuse to hire, to segregate, or to act with respect to
24		recruitment, hiring, promotion, renewal of employment,
25		selection for training or apprenticeship, discharge,
26		discipline, tenure or terms, privileges or conditions

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1		of employment without following the procedures under
2		the E-Verify Program.
3		(H) (Blank).
4		(I) Pregnancy. For an employer to refuse to hire, to
5		segregate, or to act with respect to recruitment, hiring,
6		promotion, renewal of employment, selection for training
7		or apprenticeship, discharge, discipline, tenure or terms,
8		privileges or conditions of employment on the basis of
9		pregnancy, childbirth, or medical or common conditions
10		related to pregnancy or childbirth. Women affected by
11		pregnancy, childbirth, or medical or common conditions
12		related to pregnancy or childbirth shall be treated the
13		same for all employment-related purposes, including
14		receipt of benefits under fringe benefit programs, as
15		other persons not so affected but similar in their ability
16		or inability to work, regardless of the source of the
17		inability to work or employment classification or status.
18		(J) Pregnancy; reasonable accommodations.
19		(1) If after a job applicant or employee,
20		including a part-time, full-time, or probationary
21		employee, requests a reasonable accommodation, for an
22		employer to not make reasonable accommodations for any
23		medical or common condition of a job applicant or
24		employee related to pregnancy or childbirth, unless
25		the employer can demonstrate that the accommodation
26		would impose an undue hardship on the ordinary

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1		operation of the business of the employer. The
2		employer may request documentation from the employee's
3		health care provider concerning the need for the
4		requested reasonable accommodation or accommodations
5		to the same extent documentation is requested for
6		conditions related to disability if the employer's
7		request for documentation is job-related and
8		consistent with business necessity. The employer may
9		require only the medical justification for the
10		requested accommodation or accommodations, a
11		description of the reasonable accommodation or
12		accommodations medically advisable, the date the
13		reasonable accommodation or accommodations became
14		medically advisable, and the probable duration of the
15		reasonable accommodation or accommodations. It is the
16		duty of the individual seeking a reasonable
17		accommodation or accommodations to submit to the
18		employer any documentation that is requested in
19		accordance with this paragraph. Notwithstanding the
20		provisions of this paragraph, the employer may require
21		documentation by the employee's health care provider
22		to determine compliance with other laws. The employee
23		and employer shall engage in a timely, good faith, and
24		meaningful exchange to determine effective reasonable
25		accommodations.
26		(2) For an employer to deny employment

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1		opportunities or benefits to or take adverse action
2		against an otherwise qualified job applicant or
3		employee, including a part-time, full-time, or
4		probationary employee, if the denial or adverse action
5		is based on the need of the employer to make reasonable
6		accommodations to the known medical or common
7		conditions related to the pregnancy or childbirth of
8		the applicant or employee.
9		(3) For an employer to require a job applicant or
10		employee, including a part-time, full-time, or
11		probationary employee, affected by pregnancy,
12		childbirth, or medical or common conditions related to
13		pregnancy or childbirth to accept an accommodation
14		when the applicant or employee did not request an
15		accommodation and the applicant or employee chooses
16		not to accept the employer's accommodation.
17		(4) For an employer to require an employee,
18		including a part-time, full-time, or probationary
19		employee, to take leave under any leave law or policy
20		of the employer if another reasonable accommodation
21		can be provided to the known medical or common
22		conditions related to the pregnancy or childbirth of
23		an employee. No employer shall fail or refuse to
24		reinstate the employee affected by pregnancy,
25		childbirth, or medical or common conditions related to
26		pregnancy or childbirth to her original job or to an

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

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

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

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1		documents required under this paragraph available for
2		retrieval from the Department's website.
3		(2) Upon notification of a violation of paragraph
4		(1) of this subdivision (K), the Department may launch
5		a preliminary investigation. If the Department finds a
6		violation, the Department may issue a notice to show
7		cause giving the employer 30 days to correct the
8		violation. If the violation is not corrected, the
9		Department may initiate a charge of a civil rights
10		violation.
11		(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
12		(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
13		Sec. 3-101. Definitions. The following definitions are
14		applicable strictly in the context of this Article:
15		(A) Real Property. "Real property" includes buildings,
16		structures, real estate, lands, tenements, leaseholds,
17		interests in real estate cooperatives, condominiums, and
18		hereditaments, corporeal and incorporeal, or any interest
19		therein.
20		(B) Real Estate Transaction. "Real estate transaction"
21		includes the sale, exchange, rental or lease of real property,
22		or any act that otherwise makes available such a transaction
23		or alters a person's rights to real property. "Real estate
24		transaction" also includes the brokering or appraising of
25		residential real property and the making or purchasing of

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1		loans or providing other financial assistance:
2		(1) for purchasing, constructing, improving, repairing
3		or maintaining a dwelling; or
4		(2) secured by residential real estate.
5		(C) Housing Accommodations. "Housing accommodation"
6		includes any improved or unimproved real property, or part
7		thereof, which is used or occupied, or is intended, arranged
8		or designed to be used or occupied, as the home or residence of
9		one or more individuals.
10		(D) Real Estate Broker or Salesman. "Real estate broker or
11		salesman" means a person, whether licensed or not, who, for or
12		with the expectation of receiving a consideration, lists,
13		sells, purchases, exchanges, rents, or leases real property,
14		or who negotiates or attempts to negotiate any of these
15		activities, or who holds oneself out as engaged in these.
16		(E) Familial Status. "Familial status" means one or more
17		individuals (who have not attained the age of 18 years) being
18		domiciled with:
19		(1) a parent or person having legal custody of such
20		individual or individuals; or
21		(2) the designee of such parent or other person having
22		such custody, with the written permission of such parent
23		or other person.
24		The protections afforded by this Article against
25		discrimination on the basis of familial status apply to any
26		person who is pregnant or is in the process of securing legal

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1		custody of any individual who has not attained the age of 18
2		years.
3		(F) Conciliation. "Conciliation" means the attempted
4		resolution of issues raised by a charge, or by the
5		investigation of such charge, through informal negotiations
6		involving the aggrieved party, the respondent and the
7		Department.
8		(G) Conciliation Agreement. "Conciliation agreement" means
9		a written agreement setting forth the resolution of the issues
10		in conciliation.
11		(H) Covered Multifamily Dwellings. As used in Section
12		3-102.1, "covered multifamily dwellings" means:
13		(1) buildings consisting of 4 or more units if such
14		buildings have one or more elevators; and
15		(2) ground floor units in other buildings consisting
16		of 4 or more units.
17		(I) Immigration Status. "Immigration status" means a
18		person's actual or perceived citizenship or immigration
19		status.
20		(Source: P.A. 103-232, eff. 1-1-24.)
21		(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
22		Sec. 3-102. Civil rights violations; real estate
23		transactions and other prohibited acts. It is a civil rights
24		violation for an owner or any other person, or for a real
25		estate broker or salesman, because of unlawful discrimination,

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1		familial status, immigration status, source of income, or an
2		arrest record, as defined under subsection (B-5) of Section
3		1-103, to:
4		(A) Transactions. Refuse to engage in a real estate
5		transaction with a person or otherwise make unavailable or
6		deny real property, or to discriminate in making available
7		such a transaction;
8		(B) Terms. Alter the terms, conditions or privileges
9		of a real estate transaction or in the furnishing of
10		facilities or services in connection therewith;
11		(C) Offers. Refuse to receive or to fail to transmit a
12		bona fide offer in a real estate transaction from a
13		person;
14		(D) Negotiation. Refuse to negotiate a real estate
15		transaction with a person;
16		(E) Representations. Represent to a person that real
17		property is not available for inspection, sale, rental, or
18		lease when in fact it is so available, or to fail to bring
19		a property listing to the person's attention, or to refuse
20		to permit the person to inspect real property;
21		(F) Publication of Intent. Make, print, circulate,
22		post, mail, publish or cause to be made, printed,
23		circulated, posted, mailed, or published any notice,
24		statement, advertisement or sign, or use a form of
25		application for a real estate transaction, or make a
26		record or inquiry in connection with a prospective real

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1		estate transaction, that indicates any preference,
2		limitation, or discrimination based on unlawful
3		discrimination or unlawful discrimination based on
4		familial status, immigration status, source of income, or
5		an arrest record, or an intention to make any such
6		preference, limitation, or discrimination;
7		(G) Listings. Offer, solicit, accept, use or retain a
8		listing of real property with knowledge that unlawful
9		discrimination or discrimination on the basis of familial
10		status, immigration status, source of income, or an arrest
11		record in a real estate transaction is intended.
12		(H) Criteria. Use criteria or methods that have the
13		effect of subjecting individuals to unlawful
14		discrimination or discrimination based on familial status,
15		immigration status, source of income, or an arrest record
16		in a real estate transaction.
17		(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
18		(775 ILCS 5/8-101)
19		Sec. 8-101. Illinois Human Rights Commission.
20		(A) Creation; appointments. The Human Rights Commission is
21		created to consist of 7 members appointed by the Governor with
22		the advice and consent of the Senate. No more than 4 members
23		shall be of the same political party. The Governor shall
24		designate one member as chairperson. All appointments shall be
25		in writing and filed with the Secretary of State as a public

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1		record.
2		(B) Terms. Of the members first appointed, 4 shall be
3		appointed for a term to expire on the third Monday of January,
4		2021, and 3 (including the Chairperson) shall be appointed for
5		a term to expire on the third Monday of January, 2023.
6		Notwithstanding any provision of this Section to the
7		contrary, the term of office of each member of the Illinois
8		Human Rights Commission is abolished on January 19, 2019.
9		Incumbent members holding a position on the Commission that
10		was created by Public Act 84-115 and whose terms, if not for
11		Public Act 100-1066 this amendatory Act of the 100th General
12		Assembly, would have expired January 18, 2021 shall continue
13		to exercise all of the powers and be subject to all of the
14		duties of members of the Commission until June 30, 2019 or
15		until their respective successors are appointed and qualified,
16		whichever is earlier.
17		Thereafter, each member shall serve for a term of 4 years
18		and until the member's successor is appointed and qualified;
19		except that any member chosen to fill a vacancy occurring
20		otherwise than by expiration of a term shall be appointed only
21		for the unexpired term of the member whom the member shall
22		succeed and until the member's successor is appointed and
23		qualified.
24		(C) Vacancies.
25		(1) In the case of vacancies on the Commission during
26		a recess of the Senate, the Governor shall make a

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1		temporary appointment until the next meeting of the Senate
2		when the Governor shall appoint a person to fill the
3		vacancy. Any person so nominated and confirmed by the
4		Senate shall hold office for the remainder of the term and
5		until the person's successor is appointed and qualified.
6		(2) If the Senate is not in session at the time this
7		Act takes effect, the Governor shall make temporary
8		appointments to the Commission as in the case of
9		vacancies.
10		(3) Vacancies in the Commission shall not impair the
11		right of the remaining members to exercise all the powers
12		of the Commission. Except when authorized by this Act to
13		proceed through a 3 member panel, a majority of the
14		members of the Commission then in office shall constitute
15		a quorum.
16		(D) Compensation. On and after January 19, 2019, the
17		Chairperson of the Commission shall be compensated at the rate
18		of $125,000 per year, or as set by the Compensation Review
19		Board, whichever is greater, during the Chairperson's service
20		as Chairperson, and each other member shall be compensated at
21		the rate of $119,000 per year, or as set by the Compensation
22		Review Board, whichever is greater. In addition, all members
23		of the Commission shall be reimbursed for expenses actually
24		and necessarily incurred by them in the performance of their
25		duties.
26		(E) (Blank). Notwithstanding the general supervisory

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1		authority of the Chairperson, each commissioner, unless
2		appointed to the special temporary panel created under
3		subsection (H), has the authority to hire and supervise a
4		staff attorney. The staff attorney shall report directly to
5		the individual commissioner.
6		(F) A formal training program for newly appointed
7		commissioners shall be implemented. The training program shall
8		include the following:
9		(1) substantive and procedural aspects of the office
10		of commissioner;
11		(2) current issues in employment and housing
12		discrimination and public accommodation law and practice;
13		(3) orientation to each operational unit of the Human
14		Rights Commission;
15		(4) observation of experienced hearing officers and
16		commissioners conducting hearings of cases, combined with
17		the opportunity to discuss evidence presented and rulings
18		made;
19		(5) the use of hypothetical cases requiring the newly
20		appointed commissioner to issue judgments as a means of
21		evaluating knowledge and writing ability;
22		(6) writing skills; and
23		(7) professional and ethical standards.
24		A formal and ongoing professional development program
25		including, but not limited to, the above-noted areas shall be
26		implemented to keep commissioners informed of recent

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1		developments and issues and to assist them in maintaining and
2		enhancing their professional competence. Each commissioner
3		shall complete 20 hours of training in the above-noted areas
4		during every 2 years the commissioner remains in office.
5		(G) Commissioners must meet one of the following
6		qualifications:
7		(1) licensed to practice law in the State of Illinois;
8		(2) at least 3 years of experience as a hearing
9		officer at the Human Rights Commission; or
10		(3) at least 4 years of professional experience
11		working for or dealing with individuals or corporations
12		affected by this Act or similar laws in other
13		jurisdictions, including, but not limited to, experience
14		with a civil rights advocacy group, a fair housing group,
15		a community organization, a trade association, a union, a
16		law firm, a legal aid organization, an employer's human
17		resources department, an employment discrimination
18		consulting firm, a community affairs organization, or a
19		municipal human relations agency.
20		The Governor's appointment message, filed with the
21		Secretary of State and transmitted to the Senate, shall state
22		specifically how the experience of a nominee for commissioner
23		meets the requirement set forth in this subsection. The
24		Chairperson must have public or private sector management and
25		budget experience, as determined by the Governor.
26		Each commissioner shall devote full time to the

HB5371 Engrossed - 22 - LRB103 39459 JRC 69653 b
1		commissioner's duties and any commissioner who is an attorney
2		shall not engage in the practice of law, nor shall any
3		commissioner hold any other office or position of profit under
4		the United States or this State or any municipal corporation
5		or political subdivision of this State, nor engage in any
6		other business, employment, or vocation.
7		(H) (Blank).
8		(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
9		revised 12-15-23.)
10		(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
11		Sec. 8-111. Court Proceedings.
12		(A) Civil Actions Commenced in Circuit Court.
13		(1) Venue. Civil actions commenced in a circuit court
14		pursuant to Section 7A-102 or 8B-102 shall be commenced in
15		the circuit court in the county in which the civil rights
16		violation was allegedly committed.
17		(2) If a civil action is commenced in a circuit court,
18		the form of the complaint shall be in accordance with the
19		Code of Civil Procedure.
20		(3) Jury Trial. If a civil action is commenced in a
21		circuit court under Section 7A-102 or 8B-102, the
22		plaintiff or defendant may demand trial by jury.
23		(4) Remedies. Upon the finding of a civil rights
24		violation, the circuit court or jury may award any of the
25		remedies set forth in Section 8A-104 or 8B-104.

HB5371 Engrossed - 23 - LRB103 39459 JRC 69653 b
1		(B) Judicial Review.
2		(1) Any complainant or respondent may apply for and
3		obtain judicial review of a final order of the Commission
4		entered under this Act by filing a petition for review in
5		the Appellate Court within 35 days from the date that a
6		copy of the decision sought to be reviewed was served upon
7		the party affected by the decision. If a 3-member panel or
8		the full Commission finds that an interlocutory order
9		involves a question of law as to which there is
10		substantial ground for difference of opinion and that an
11		immediate appeal from the order may materially advance the
12		ultimate termination of the litigation, any party may
13		petition the Appellate Court for permission to appeal the
14		order. The procedure for obtaining the required Commission
15		findings and the permission of the Appellate Court shall
16		be governed by Supreme Court Rule 308, except the
17		references to the "trial court" shall be understood as
18		referring to the Commission.
19		(2) In any proceeding brought for judicial review, the
20		Commission's findings of fact shall be sustained unless
21		the court determines that such findings are contrary to
22		the manifest weight of the evidence.
23		(3) Venue. Proceedings for judicial review shall be
24		commenced in the appellate court for the district wherein
25		the civil rights violation which is the subject of the
26		Commission's order was allegedly committed.

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

HB5371 Engrossed - 25 - LRB103 39459 JRC 69653 b
1		(6) Venue. Proceedings for judicial enforcement of a
2		Commission order shall be commenced in the circuit court
3		in the county wherein the civil rights violation which is
4		the subject of the Commission's order was committed.
5		(7) Enforcement of judicial order. An aggrieved party
6		may take action to collect on a judicial order issued by
7		the Circuit Court in an enforcement action initiated by
8		the State, regardless of whether or not the aggrieved
9		party intervened in an enforcement action.
10		(D) Limitation. Except as otherwise provided by law, no
11		court of this state shall have jurisdiction over the subject
12		of an alleged civil rights violation other than as set forth in
13		this Act.
14		(E) This amendatory Act of 1996 applies to causes of
15		action filed on or after January 1, 1996.
16		(F) The changes made to this Section by this amendatory
17		Act of the 95th General Assembly apply to charges or
18		complaints filed with the Department or the Commission on or
19		after the effective date of those changes.
20		(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
21		(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
22		Sec. 8B-104. Relief; penalties. Upon finding a civil
23		rights violation, a hearing officer may recommend and the
24		Commission or any three-member panel thereof may provide for
25		any relief or penalty identified in this Section, separately

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1		or in combination, by entering an order directing the
2		respondent to:
3		(A) Cease and Desist Order. Cease and desist from any
4		violation of this Act.
5		(B) Actual Damages. Pay actual damages, as reasonably
6		determined by the Commission, for injury or loss suffered
7		by the complainant.
8		(C) Civil Penalty. Pay a civil penalty per violation
9		to vindicate the public interest. In imposing a civil
10		penalty to vindicate the public interest, a separate
11		penalty may be imposed for each specific act constituting
12		a civil rights violation as defined in Section 1-103, and
13		for each aggrieved party injured by the civil rights
14		violation:
15		(i) in an amount not exceeding $16,000 if the
16		respondent has not been adjudged to have committed any
17		prior civil rights violation under Article 3;
18		(ii) in an amount not exceeding $42,500 if the
19		respondent has been adjudged to have committed one
20		other civil rights violation under Article 3 during
21		the 5-year period ending on the date of the filing of
22		this charge; and
23		(iii) in an amount not exceeding $70,000 if the
24		respondent has been adjudged to have committed 2 or
25		more civil rights violations under Article 3 during
26		the 7-year period ending on the date of the filing of

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1		this charge; except that if the acts constituting the
2		civil rights violation that is the object of the
3		charge are committed by the same natural person who
4		has been previously adjudged to have committed acts
5		constituting a civil rights violation under Article 3,
6		then the civil penalties set forth in subparagraphs
7		(ii) and (iii) may be imposed without regard to the
8		period of time within which any subsequent civil
9		rights violation under Article 3 occurred.
10		(D) Attorney Fees; Costs. Pay to the complainant all
11		or a portion of the costs of maintaining the action,
12		including reasonable attorneys fees and expert witness
13		fees incurred in maintaining this action before the
14		Department, the Commission and in any judicial review and
15		judicial enforcement proceedings.
16		(E) Compliance Report. Report as to the manner of
17		compliance.
18		(F) Posting of Notices. Post notices in a conspicuous
19		place which the Commission may publish or cause to be
20		published setting forth requirements for compliance with
21		this Act or other relevant information which the
22		Commission determines necessary to explain this Act.
23		(G) Make Complainant Whole. Take such action as may be
24		necessary to make the individual complainant whole,
25		including, but not limited to, awards of interest on the
26		complainant's actual damages from the date of the civil

HB5371 Engrossed - 28 - LRB103 39459 JRC 69653 b
1		rights violation.
2		(Source: P.A. 99-548, eff. 1-1-17.)
3		(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
4		Sec. 10-103. Circuit court actions pursuant to election.
5		(A) If an election is made under Section 8B-102, the
6		Department shall authorize and, not later than 30 days after
7		the entry of the administrative closure order is entered by
8		the Commission and served on the Department, the Attorney
9		General shall commence and maintain a civil action on behalf
10		of the aggrieved party in a circuit court of Illinois seeking
11		relief under this Section. Venue for such civil action shall
12		be determined under Section 8-111(A)(1).
13		(B) Any aggrieved party with respect to the issues to be
14		determined in a civil action under this Section may intervene
15		as of right in that civil action.
16		(C) In a civil action under this Section, if the court
17		finds that a civil rights violation has occurred or is about to
18		occur the court may grant as relief any relief which a court
19		could grant with respect to such civil rights violation in a
20		civil action under Section 10-102. Any relief so granted that
21		would accrue to an aggrieved party in a civil action commenced
22		by that aggrieved party under Section 10-102 shall also accrue
23		to that aggrieved party in a civil action under this Section.
24		If monetary relief is sought for the benefit of an aggrieved
25		party who does not intervene in the civil action, the court

HB5371 Engrossed - 29 - LRB103 39459 JRC 69653 b
1		shall not award such relief if that aggrieved party has not
2		complied with discovery orders entered by the court.
3		(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
4		(775 ILCS 5/10-104)
5		Sec. 10-104. Circuit Court Actions by the Illinois
6		Attorney General.
7		(A) Standing, venue, limitations on actions, preliminary
8		investigations, notice, and Assurance of Voluntary Compliance.
9		(1) Whenever the Illinois Attorney General has
10		reasonable cause to believe that any person or group of
11		persons is engaged in a pattern and practice of
12		discrimination prohibited by this Act, the Illinois
13		Attorney General may commence a civil action in the name
14		of the People of the State, as parens patriae on behalf of
15		persons within the State to enforce the provisions of this
16		Act in any appropriate circuit court. Venue for this civil
17		action shall be determined under paragraph (1) of
18		subsection (A) of Section 8-111. Such actions shall be
19		commenced no later than 2 years after the occurrence or
20		the termination of an alleged civil rights violation or
21		the breach of a conciliation agreement or Assurance of
22		Voluntary Compliance entered into under this Act,
23		whichever occurs last, to obtain relief with respect to
24		the alleged civil rights violation or breach.
25		(2) Prior to initiating a civil action, the Attorney

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

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

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

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

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

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

HB5371 Engrossed - 36 - LRB103 39459 JRC 69653 b
1		Section 7A-102 or 7B-102.
2		(Source: P.A. 101-661, eff. 4-2-21.)
3		(775 ILCS 5/8-113 rep.)
4		Section 10. The Illinois Human Rights Act is amended by
5		repealing Section 8-113.
HB5371 Engrossed - 37 - LRB103 39459 JRC 69653 b 1 INDEX 2 Statutes amended in order of appearance