Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

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.

HUMAN RIGHTS
(775 ILCS 5/) Illinois Human Rights Act.

775 ILCS 5/2-105

    (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
    Sec. 2-105. Equal Employment Opportunities; Affirmative Action.
    (A) Public Contracts. Every party to a public contract and every eligible bidder shall:
        (1) Refrain from unlawful discrimination and
    
discrimination based on citizenship status in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination;
        (2) Comply with the procedures and requirements of
    
the Department's regulations concerning equal employment opportunities and affirmative action;
        (3) Provide such information, with respect to its
    
employees and applicants for employment, and assistance as the Department may reasonably request;
        (4) Have written sexual harassment policies that
    
shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Sections 6-101 and 6-101.5 of this Act. A copy of the policies shall be provided to the Department upon request. Additionally, each bidder who submits a bid or offer for a State contract under the Illinois Procurement Code shall have a written copy of the bidder's sexual harassment policy as required under this paragraph (4). A copy of the policy shall be provided to the State agency entering into the contract upon request.
    The Department, by rule, shall establish a reasonable opportunity to cure any noncompliance with this subsection by a bidder prior to the awarding of a contract.
    (B) State Agencies. Every State executive department, State agency, board, commission, and instrumentality shall:
        (1) Comply with the procedures and requirements of
    
the Department's regulations concerning equal employment opportunities and affirmative action.
        (2) Provide such information and assistance as the
    
Department may request.
        (3) Establish, maintain, and carry out a continuing
    
affirmative action plan consistent with this Act and the regulations of the Department designed to promote equal opportunity for all State residents in every aspect of agency personnel policy and practice. For purposes of these affirmative action plans, the race and national origin categories to be included in the plans are: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander.
        This plan shall include a current detailed status
    
report:
            (a) indicating, by each position in State
        
service, the number, percentage, and average salary of individuals employed by race, national origin, sex and disability, and any other category that the Department may require by rule;
            (b) identifying all positions in which the
        
percentage of the people employed by race, national origin, sex and disability, and any other category that the Department may require by rule, is less than four-fifths of the percentage of each of those components in the State work force;
            (c) specifying the goals and methods for
        
increasing the percentage by race, national origin, sex, and disability, and any other category that the Department may require by rule, in State positions;
            (d) indicating progress and problems toward
        
meeting equal employment opportunity goals, including, if applicable, but not limited to, Department of Central Management Services recruitment efforts, publicity, promotions, and use of options designating positions by linguistic abilities;
            (e) establishing a numerical hiring goal for the
        
employment of qualified persons with disabilities in the agency as a whole, to be based on the proportion of people with work disabilities in the Illinois labor force as reflected in the most recent employment data made available by the United States Census Bureau.
        (4) If the agency has 1000 or more employees, appoint
    
a full-time Equal Employment Opportunity officer, subject to the Department's approval, whose duties shall include:
            (a) Advising the head of the particular State
        
agency with respect to the preparation of equal employment opportunity programs, procedures, regulations, reports, and the agency's affirmative action plan.
            (b) Evaluating in writing each fiscal year the
        
sufficiency of the total agency program for equal employment opportunity and reporting thereon to the head of the agency with recommendations as to any improvement or correction in recruiting, hiring or promotion needed, including remedial or disciplinary action with respect to managerial or supervisory employees who have failed to cooperate fully or who are in violation of the program.
            (c) Making changes in recruitment, training and
        
promotion programs and in hiring and promotion procedures designed to eliminate discriminatory practices when authorized.
            (d) Evaluating tests, employment policies,
        
practices, and qualifications and reporting to the head of the agency and to the Department any policies, practices and qualifications that have unequal impact by race, national origin as required by Department rule, sex, or disability or any other category that the Department may require by rule, and to assist in the recruitment of people in underrepresented classifications. This function shall be performed in cooperation with the Department of Central Management Services.
            (e) Making any aggrieved employee or applicant
        
for employment aware of his or her remedies under this Act.
            In any meeting, investigation, negotiation,
        
conference, or other proceeding between a State employee and an Equal Employment Opportunity officer, a State employee (1) who is not covered by a collective bargaining agreement and (2) who is the complaining party or the subject of such proceeding may be accompanied, advised and represented by (1) an attorney licensed to practice law in the State of Illinois or (2) a representative of an employee organization whose membership is composed of employees of the State and of which the employee is a member. A representative of an employee, other than an attorney, may observe but may not actively participate, or advise the State employee during the course of such meeting, investigation, negotiation, conference, or other proceeding. Nothing in this Section shall be construed to permit any person who is not licensed to practice law in Illinois to deliver any legal services or otherwise engage in any activities that would constitute the unauthorized practice of law. Any representative of an employee who is present with the consent of the employee, shall not, during or after termination of the relationship permitted by this Section with the State employee, use or reveal any information obtained during the course of the meeting, investigation, negotiation, conference, or other proceeding without the consent of the complaining party and any State employee who is the subject of the proceeding and pursuant to rules and regulations governing confidentiality of such information as promulgated by the appropriate State agency. Intentional or reckless disclosure of information in violation of these confidentiality requirements shall constitute a Class B misdemeanor.
        (5) Establish, maintain, and carry out a continuing
    
sexual harassment program that shall include the following:
            (a) Develop a written sexual harassment policy
        
that includes at a minimum the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the agency's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. The policy shall be reviewed annually.
            (b) Post in a prominent and accessible location
        
and distribute in a manner to assure notice to all agency employees without exception the agency's sexual harassment policy. Such documents may meet, but shall not exceed, the 6th grade literacy level. Distribution shall be effectuated within 90 days of the effective date of this amendatory Act of 1992 and shall occur annually thereafter.
            (c) Provide training on sexual harassment
        
prevention and the agency's sexual harassment policy as a component of all ongoing or new employee training programs.
        (6) Notify the Department 30 days before effecting
    
any layoff. Once notice is given, the following shall occur:
            (a) No layoff may be effective earlier than 10
        
working days after notice to the Department, unless an emergency layoff situation exists.
            (b) The State executive department, State agency,
        
board, commission, or instrumentality in which the layoffs are to occur must notify each employee targeted for layoff, the employee's union representative (if applicable), and the State Dislocated Worker Unit at the Department of Commerce and Economic Opportunity.
            (c) The State executive department, State agency,
        
board, commission, or instrumentality in which the layoffs are to occur must conform to applicable collective bargaining agreements.
            (d) The State executive department, State agency,
        
board, commission, or instrumentality in which the layoffs are to occur should notify each employee targeted for layoff that transitional assistance may be available to him or her under the Economic Dislocation and Worker Adjustment Assistance Act administered by the Department of Commerce and Economic Opportunity. Failure to give such notice shall not invalidate the layoff or postpone its effective date.
     As used in this subsection (B), "disability" shall be defined in rules promulgated under the Illinois Administrative Procedure Act.
    (C) Civil Rights Violations. It is a civil rights violation for any public contractor or eligible bidder to:
        (1) fail to comply with the public contractor's or
    
eligible bidder's duty to refrain from unlawful discrimination and discrimination based on citizenship status in employment under subsection (A)(1) of this Section; or
        (2) fail to comply with the public contractor's or
    
eligible bidder's duties of affirmative action under subsection (A) of this Section, provided however, that the Department has notified the public contractor or eligible bidder in writing by certified mail that the public contractor or eligible bidder may not be in compliance with affirmative action requirements of subsection (A). A minimum of 60 days to comply with the requirements shall be afforded to the public contractor or eligible bidder before the Department may issue formal notice of non-compliance.
    (D) As used in this Section:
        (1) "American Indian or Alaska Native" means a person
    
having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
        (2) "Asian" means a person having origins in any of
    
the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
        (3) "Black or African American" means a person having
    
origins in any of the black racial groups of Africa.
        (4) "Hispanic or Latino" means a person of Cuban,
    
Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
        (5) "Native Hawaiian or Other Pacific Islander" means
    
a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22.)

775 ILCS 5/2-106

    (775 ILCS 5/2-106)
    Sec. 2-106. Interagency Committee on Employees with Disabilities.
    (A) As used in this Section:
    "State agency" means all officers, boards, commissions, and agencies created by the Constitution in the executive branch; all officers, departments, boards, commissions, agencies, institutions, authorities, universities, bodies politic and corporate of the State; and administrative units or corporate outgrowths of the State government which are created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor.
    "State employee" means an employee of a State agency.
    (B) The Interagency Committee on Employees with Disabilities, created under repealed Section 19a of the Personnel Code, is continued as set forth in this Section. The Committee is composed of 18 members as follows: the Chairperson of the Civil Service Commission or his or her designee, the Director of Veterans' Affairs or his or her designee, the Director of Central Management Services or his or her designee, the Secretary of Human Services or his or her designee, the Director of Human Rights or his or her designee, the Director of the Illinois Council on Developmental Disabilities or his or her designee, the Lieutenant Governor or his or her designee, the Attorney General or his or her designee, the Secretary of State or his or her designee, the State Comptroller or his or her designee, the State Treasurer or his or her designee, and 7 State employees with disabilities appointed by and serving at the pleasure of the Governor.
    (C) The Director of Human Rights and the Secretary of Human Services shall serve as co-chairpersons of the Committee. The Committee shall meet as often as it deems necessary, but in no case less than 6 times annually at the call of the co-chairpersons. Notice shall be given to the members in writing in advance of a scheduled meeting.
    (D) The Department of Human Rights shall provide administrative support to the Committee.
    (E) The purposes and functions of the Committee are: (1) to provide a forum where problems of general concern to State employees with disabilities can be raised and methods of their resolution can be suggested to the appropriate State agencies; (2) to provide a clearinghouse of information for State employees with disabilities by working with those agencies to develop and retain such information; (3) to promote affirmative action efforts pertaining to the employment of persons with disabilities by State agencies; and (4) to recommend, where appropriate, means of strengthening the affirmative action programs for employees with disabilities in State agencies.
    (F) The Committee shall annually make a complete report to the General Assembly on the Committee's achievements and accomplishments. Such report may also include an evaluation by the Committee of the effectiveness of the hiring and advancement practices in State government.
    (G) This amendatory Act of the 99th General Assembly is not intended to disqualify any current member of the Committee from continued membership on the Committee in accordance with the terms of this Section or the member's appointment.
(Source: P.A. 99-314, eff. 8-7-15.)

775 ILCS 5/2-107

    (775 ILCS 5/2-107)
    Sec. 2-107. Helpline to report sexual harassment and discrimination.
    (a) The Department shall, no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly, establish and maintain a sexual harassment and discrimination helpline. The Department shall help persons who contact the Department through the helpline find necessary resources, including counseling services, and assist in the filing of sexual harassment and discrimination complaints with the Department or other applicable agencies. The Department may recommend individual seek private counsel, but shall not make recommendations for legal representation. The helpline shall provide the means through which persons may anonymously report sexual harassment and discrimination in both private and public places of employment. In the case of a report of sexual harassment and discrimination by a person subject to Article 20 or 25 of the State Officials and Employees Ethics Act, the Department shall, with the permission of the reporting individual, report the allegations to the Executive Inspector General or Legislative Inspector General for further investigation.
    (b) The Department shall advertise the helpline on its website and in materials related to sexual harassment and discrimination, including posters made available to the public, and encourage reporting by both those who are subject to sexual harassment and discrimination and those who have witnessed it.
    (c) All communications received by the Department via the helpline or Internet communication shall remain confidential and shall be exempt from disclosure under the Freedom of Information Act.
    (d) As used in this Section, "helpline" means a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment and discrimination.
    (e) The Department shall annually evaluate the helpline and report to the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct, the following information: (i) the total number of calls received, including messages left during non-business hours; (ii) the number of calls reporting sexual discrimination claims; (iii) the number of calls reporting harassment claims; (iv) the number of calls reporting sexual harassment claims; (v) the number of calls that were referred to each Executive Inspector General; and (vi) the number of calls that were referred to the Legislative Inspector General.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)

775 ILCS 5/2-108

    (775 ILCS 5/2-108)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 2-108. Employer disclosure requirements.
    (A) Definitions. The following definitions are applicable strictly to this Section:
        (1) "Employer" means:
            (a) any person employing one or more employees
        
within this State;
            (b) a labor organization; or
            (c) the State and any political subdivision,
        
municipal corporation, or other governmental unit or agency, without regard to the number of employees.
        (2) "Settlement" means any written commitment or
    
written agreement, including any agreed judgment, stipulation, decree, agreement to settle, assurance of discontinuance, or otherwise between an employee, as defined by subsection (A) of Section 2-101, or a nonemployee to whom an employer owes a duty under this Act pursuant to subsection (A-10) or (D-5) of Section 2-102, and an employer under which the employer directly or indirectly provides to an individual compensation or other consideration due to an allegation that the individual has been a victim of sexual harassment or unlawful discrimination under this Act.
        (3) "Adverse judgment or administrative ruling" means
    
any final and non-appealable adverse judgment or final and non-appealable administrative ruling entered in favor of an employee as defined by subsection (A) of Section 2-101 or a nonemployee to whom an employer owes a duty under this Act pursuant to subsection (A-10) or (D-5) of Section 2-102, and against the employer during the preceding year in which there was a finding of sexual harassment or unlawful discrimination brought under this Act, Title VII of the Civil Rights Act of 1964, or any other federal, State, or local law prohibiting sexual harassment or unlawful discrimination.
    (B) Required disclosures. Beginning July 1, 2020, and by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling against it in the preceding calendar year, as provided in this Section, shall disclose annually to the Department of Human Rights the following information:
        (1) the total number of adverse judgments or
    
administrative rulings during the preceding year;
        (2) whether any equitable relief was ordered against
    
the employer in any adverse judgment or administrative ruling described in paragraph (1);
        (3) how many adverse judgments or administrative
    
rulings described in paragraph (1) are in each of the following categories:
            (a) sexual harassment;
            (b) discrimination or harassment on the basis of
        
sex;
            (c) discrimination or harassment on the basis of
        
race, color, or national origin;
            (d) discrimination or harassment on the basis of
        
religion;
            (e) discrimination or harassment on the basis of
        
age;
            (f) discrimination or harassment on the basis of
        
disability;
            (g) discrimination or harassment on the basis of
        
military status or unfavorable discharge from military status;
            (h) discrimination or harassment on the basis of
        
sexual orientation or gender identity; and
            (i) discrimination or harassment on the basis of
        
any other characteristic protected under this Act.
    (C) Settlements. If the Department is investigating a charge filed pursuant to this Act, the Department may request the employer responding to the charge to submit the total number of settlements entered into during the preceding 5 years, or less at the direction of the Department, that relate to any alleged act of sexual harassment or unlawful discrimination that:
        (1) occurred in the workplace of the employer; or
        (2) involved the behavior of an employee of the
    
employer or a corporate executive of the employer, without regard to whether that behavior occurred in the workplace of the employer.
    The total number of settlements entered into during the requested period shall be reported along with how many settlements are in each of the following categories, when requested by the Department pursuant to this subsection:
        (a) sexual harassment;
        (b) discrimination or harassment on the basis of sex;
        (c) discrimination or harassment on the basis of
    
race, color, or national origin;
        (d) discrimination or harassment on the basis of
    
religion;
        (e) discrimination or harassment on the basis of age;
        (f) discrimination or harassment on the basis of
    
disability;
        (g) discrimination or harassment on the basis of
    
military status or unfavorable discharge from military status;
        (h) discrimination or harassment on the basis of
    
sexual orientation or gender identity; and
        (i) discrimination or harassment on the basis of any
    
other characteristic protected under this Act;
    The Department shall not rely on the existence of any settlement agreement to support a finding of substantial evidence under this Act.
    (D) Prohibited disclosures. An employer may not disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required under this Section.
    (E) Annual report. The Department shall publish an annual report aggregating the information reported by employers under subsection (B) of this Section such that no individual employer data is available to the public. The report shall include the number of adverse judgments or administrative rulings filed during the preceding calendar year based on each of the protected classes identified by this Act.
    The report shall be filed with the General Assembly and made available to the public by December 31 of each reporting year. Data submitted by an employer to comply with this Section is confidential and exempt from the Freedom of Information Act.
    (F) Failure to report and penalties. If an employer fails to make any disclosures required under this Section, the Department shall issue a notice to show cause giving the employer 30 days to disclose the required information. If the employer does not make the required disclosures within 30 days, the Department shall petition the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights' Training and Development Fund.
    (G) Rules. The Department shall adopt any rules it deems necessary for implementation of this Section.
    (H) This Section is repealed on January 1, 2030.
(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)

775 ILCS 5/2-109

    (775 ILCS 5/2-109)
    Sec. 2-109. Sexual harassment prevention training.
    (A) The General Assembly finds that the organizational tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile environment for employees, reducing productivity, and increasing legal liability. It is the General Assembly's intent to encourage employers to adopt and actively implement policies to ensure their workplaces are safe for employees to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities.
    (B) The Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. The model program shall be made available to employers and to the public online at no cost. This model program shall include, at a minimum, the following:
        (1) an explanation of sexual harassment consistent
    
with this Act;
        (2) examples of conduct that constitutes unlawful
    
sexual harassment;
        (3) a summary of relevant federal and State statutory
    
provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
        (4) a summary of responsibilities of employers in the
    
prevention, investigation, and corrective measures of sexual harassment.
    (C) Except for those employers subject to the requirements of Section 5-10.5 of the State Officials and Employees Ethics Act, every employer with employees working in this State shall use the model sexual harassment prevention training program created by the Department or establish its own sexual harassment prevention training program that equals or exceeds the minimum standards in subsection (B). The sexual harassment prevention training shall be provided at least once a year to all employees. For the purposes of satisfying the requirements under this Section, the Department's model sexual harassment prevention training program may be used to supplement any existing program an employer is utilizing or develops.
    (D) If an employer violates this Section, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.
(Source: P.A. 101-221, eff. 1-1-20.)

775 ILCS 5/2-110

    (775 ILCS 5/2-110)
    Sec. 2-110. Restaurants and bars; sexual harassment prevention.
    (A) As used in this Section:
    "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises, including, but not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.
    "Manager" means a person responsible for the hiring and firing of employees, including, but not limited to, a general manager, owner, head chef, or other non-tipped employee with duties managing the operation, inventory, safety, and personnel of a restaurant or bar.
    "Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption, including, but not limited to, restaurants, coffee shops, cafeterias, and sandwich stands that give or offer for sale food to the public, guests, or employees, and kitchen or catering facilities in which food is prepared on the premises for serving elsewhere.
    (B) Every restaurant and bar operating in this State must have a sexual harassment policy provided to all employees, in writing, within the first calendar week of the employee's employment. The policy shall include:
        (1) a prohibition on sexual harassment;
        (2) the definition of sexual harassment under the
    
Illinois Human Rights Act and Title VII of the Civil Rights Act of 1964;
        (3) details on how an individual can report an
    
allegation of sexual harassment internally, including options for making a confidential report to a manager, owner, corporate headquarters, human resources department, or other internal reporting mechanism that may be available;
        (4) an explanation of the internal complaint process
    
available to employees;
        (5) how to contact and file a charge with the
    
Illinois Department of Human Rights and United States Equal Employment Opportunity Commission;
        (6) a prohibition on retaliation for reporting sexual
    
harassment allegations; and
        (7) a requirement that all employees participate in
    
sexual harassment prevention training.
    The policy shall be made available in English and Spanish.
    (C) In addition to the model sexual harassment prevention training program produced by the Department in Section 2-109, the Department shall develop a supplemental model training program in consultation with industry professionals specifically aimed at the prevention of sexual harassment in the restaurant and bar industry. The supplemental model program shall be made available to all restaurants and bars and the public online at no cost. The training shall include:
        (1) specific conduct, activities, or videos related
    
to the restaurant or bar industry;
        (2) an explanation of manager liability and
    
responsibility under the law; and
        (3) English and Spanish language options.
    (D) Every restaurant and bar that is an employer under this Act shall use the supplemental model training program or establish its own supplemental model training program that equals or exceeds the requirements of subsection (C). The supplemental training program shall be provided at least once a year to all employees, regardless of employment classification. For the purposes of satisfying the requirements under this Section, this supplemental training may be done in conjunction or at the same time as any training that complies with Section 2-109.
    (E) If a restaurant or bar that is an employer under this Act violates this Section 2-110, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.
(Source: P.A. 101-221, eff. 1-1-20.)

775 ILCS 5/Art. 3

 
    (775 ILCS 5/Art. 3 heading)
ARTICLE 3. REAL ESTATE TRANSACTIONS

775 ILCS 5/3-101

    (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. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance:
        (1) for purchasing, constructing, improving,
    
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 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

    (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
    Sec. 3-102. Civil rights violations; real estate transactions and other prohibited acts. It is a civil rights violation for an owner or any other person, or for a real estate broker or salesman, because of unlawful discrimination, familial status, immigration status, source of income, or an arrest record, as defined under subsection (B-5) of Section 1-103, to:
        (A) Transactions. Refuse to engage in a real estate
    
transaction with a person 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 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.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)