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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(740 ILCS 23/) Illinois Civil Rights Act of 2003.

740 ILCS 23/1

    (740 ILCS 23/1)
    Sec. 1. Short title. This Act may be cited as the Illinois Civil Rights Act of 2003.
(Source: P.A. 93-425, eff. 1-1-04.)

740 ILCS 23/5

    (740 ILCS 23/5)
    Sec. 5. Discrimination prohibited.
    (a) No unit of State, county, or local government in Illinois shall:
        (1) exclude a person from participation in, deny a
person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, national origin, or gender; or
        (2) utilize criteria or methods of administration
that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.
    (b) Any party aggrieved by conduct that violates subsection (a) may bring a civil lawsuit, in a federal district court or State circuit court, against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal claim. This lawsuit must be brought not later than 2 years after the violation of subsection (a). If the court finds that a violation of paragraph (1) or (2) of subsection (a) has occurred, the court may award to the plaintiff actual damages. The court, as it deems appropriate, may grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.
    (c) Upon motion, a court shall award reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought:
        (1) pursuant to subsection (b); or
        (2) to enforce a right arising under the Illinois
    In awarding reasonable attorneys' fees, the court shall consider the degree to which the relief obtained relates to the relief sought.
    (d) For the purpose of this Act, the term "prevailing party" includes any party:
        (1) who obtains some of his or her requested relief
through a judicial judgment in his or her favor;
        (2) who obtains some of his or her requested relief
through any settlement agreement approved by the court; or
        (3) whose pursuit of a non-frivolous claim was a
catalyst for a unilateral change in position by the opposing party relative to the relief sought.
(Source: P.A. 95-541, eff. 1-1-08.)