HB2909 104TH GENERAL ASSEMBLY

LRB104 09699 JRC 19765 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2909

Introduced 2/6/2025, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

775 ILCS 5/4-101	from Ch. 68, par. 4-101
775 ILCS 5/4-102	from Ch. 68, par. 4-102
775 ILCS 5/4-103	from Ch. 68, par. 4-103
775 ILCS 5/4-104	from Ch. 68, par. 4-104
775 ILCS 5/5-101	from Ch. 68, par. 5-101
775 ILCS 5/5-102	from Ch. 68, par. 5-102
775 ILCS 5/5-102.1
775 ILCS 5/8A-104	from Ch. 68, par. 8A-104

Amends the Illinois Human Rights Act. Changes the Public Accommodations and Financial Credit Articles to prohibit discrimination on the basis of citizenship, primary language, or immigration status that includes discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories. "Citizenship" means the status of being: (i) a born U.S. citizen; (ii) a naturalized U.S. citizen; or (iii) a U.S. national. "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States. "Primary language" means a person's preferred language for communication. Provides that it is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status if required by federal law. Nothing in the Act may be construed to require the provision of services or documents in a language other than English beyond that which is otherwise required by other provisions of federal, State, or local law. Provides that a civil rights violation for a violation of Articles 4 and 5 may include statutory damages of 3 times the amount of actual damages sustained or $8,000, whichever is the greater.

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Human Rights Act is amended by changing Sections 4-101, 4-102, 4-103, 4-104, 5-101, 5-102, 5-102.1, and 8A-104 as follows:

(775 ILCS 5/4-101) (from Ch. 68, par. 4-101)

Sec. 4-101. Definitions. The following definitions are applicable strictly in the context of this Article:

(A) "Citizenship" means the status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen; or

(3) a U.S. national.

(B) "Discrimination on the basis of citizenship, primary language, or immigration status" means discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.

(C) (A) Credit Card. "Credit card" has the meaning set forth in Section 17-0.5 of the Criminal Code of 2012.

(D) (B) Financial Institution. "Financial institution" means any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this State.

(E) "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States.

(F) (C) Loan. "Loan" includes, but is not limited to, the providing of funds, for consideration, which are sought for: (1) the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation as that term is defined in paragraph (C) of Section 3-101; or (2) any commercial or industrial purposes.

(G) "Primary language" means a person's preferred language for communication.

(H) (D) Varying Terms. "Varying the terms of a loan" includes, but is not limited to, the following practices:

(1) Requiring a greater down payment than is usual for the particular type of a loan involved.

(2) Requiring a shorter period of amortization than is usual for the particular type of loan involved.

(3) Charging a higher interest rate than is usual for the particular type of loan involved.

(4) An under appraisal of real estate or other item of property offered as security.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

(775 ILCS 5/4-102) (from Ch. 68, par. 4-102)

Sec. 4-102. Civil Rights Violations: Loans. It shall be a civil rights violation for any financial institution, on the grounds of unlawful discrimination, or discrimination on the basis of citizenship, primary language, or immigration status, to:

(A) Denial of Services. Deny any person any of the services normally offered by such an institution.

(B) Modification of Services. Provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated.

(C) Loan Terms. Deny or vary the terms of a loan.

(D) Property Location. Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area.

(E) Consideration of Income. Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan.

(F) Lending Standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination, or discrimination on the basis of citizenship, primary language, or immigration status.

(Source: P.A. 81-1216.)

(775 ILCS 5/4-103) (from Ch. 68, par. 4-103)

Sec. 4-103. Credit Cards. It is a civil rights violation for a person who offers credit cards to the public in this State:

(A) Denial. To refuse to issue a credit card, upon proper application, on the basis of unlawful discrimination, or discrimination on the basis of citizenship, primary language, or immigration status.

(B) Reasons for Rejection. To fail to inform an applicant for a credit card, upon request, of the reason that his or her application for a credit card has been rejected.

(Source: P.A. 81-1216.)

(775 ILCS 5/4-104) (from Ch. 68, par. 4-104)

Sec. 4-104. Exemptions.

(A) Nothing contained in this Article shall prohibit:

(1) (A) Sound Underwriting Practices. A financial institution from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include:

(a) (1) The willingness and the financial ability of the borrower to repay the loan.

(b) (2) The market value of any real estate or other item of property proposed as security for any loan.

(c) (3) Diversification of the financial institution's investment portfolio.

(2) (B) Credit-worthiness Information; Credit Systems. A financial institution or a person who offers credit cards from:

(a) (1) making an inquiry of an the applicant's age, permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Department, except that a financial institution or a person who offers credit cards may not make an inquiry of an applicant's permanent residence or immigration status for any element of creditworthiness;

(b) (2) using any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Department, except that in the operation of such system the age of an applicant over the age of 62 years may not be assigned a negative factor or value.

(3) (C) Special Credit Programs. A financial institution from refusing to extend credit when required to by or pursuant to any:

(a) (1) credit assistance program expressly authorized by law for an economically disadvantaged class of persons;

(b) (2) credit assistance program administered by a nonprofit organization for its members of an economically disadvantaged class of persons;

(c) (3) special purpose credit program offered by a profit-making organization to meet special social needs which meets standards prescribed by the Department in its regulations.

(B) It is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status if required by federal law.

(C) Nothing in this Article may be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, State, or local law.

(Source: P.A. 100-201, eff. 8-18-17.)

(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)

Sec. 5-101. Definitions. The following definitions are applicable strictly in the context of this Article:

(A) "Citizenship" means the status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen; or

(3) a U.S. national.

(B) "Discrimination on the basis of citizenship, primary language, or immigration status" includes discrimination against a person because of the person's actual or perceived characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.

(C) "Immigration status" means citizenship of some country other than the United States, including stateless persons, and the specific authority, or lack thereof, to reside in or otherwise to be present in the United States.

(D) (A) Place of Public Accommodation. "Place of public accommodation" includes, but is not limited to:

(1) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

(2) a restaurant, bar, or other establishment serving food or drink;

(3) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) an auditorium, convention center, lecture hall, or other place of public gathering;

(5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(6) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(7) public conveyances on air, water, or land;

(8) a terminal, depot, or other station used for specified public transportation;

(9) a museum, library, gallery, or other place of public display or collection;

(10) a park, zoo, amusement park, or other place of recreation;

(11) a non-sectarian nursery, day care center, elementary, secondary, undergraduate, or postgraduate school, or other place of education;

(12) a senior citizen center, homeless shelter, food bank, non-sectarian adoption agency, or other social service center establishment; and

(13) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

(E) "Primary language" means a person's preferred language for communication.

(F) (B) Operator. "Operator" means any owner, lessee, proprietor, manager, superintendent, agent, or occupant of a place of public accommodation or an employee of any such person or persons.

(G) (C) Public Official. "Public official" means any officer or employee of the state or any agency thereof, including state political subdivisions, municipal corporations, park districts, forest preserve districts, educational institutions, and schools.

(Source: P.A. 100-863, eff. 8-14-18.)

(775 ILCS 5/5-102) (from Ch. 68, par. 5-102)

Sec. 5-102. Civil Rights Violations: Public Accommodations. It is a civil rights violation for any person on the basis of unlawful discrimination, or discrimination on the basis of citizenship, primary language, or immigration status to:

(A) Enjoyment of Facilities, Goods, and Services. Deny or refuse to another the full and equal enjoyment of the facilities, goods, and services of any public place of accommodation;

(B) Written Communications. Directly or indirectly, as the operator of a place of public accommodation, publish, circulate, display or mail any written communication, except a private communication sent in response to a specific inquiry, which the operator knows is to the effect that any of the facilities of the place of public accommodation will be denied to any person or that any person is unwelcome, objectionable or unacceptable because of unlawful discrimination, or discrimination on the basis of citizenship, primary language, or immigration status;

(C) Public Officials. Deny or refuse to another, as a public official, the full and equal enjoyment of the accommodations, advantage, facilities or privileges of the official's office or services or of any property under the official's care because of unlawful discrimination, or discrimination on the basis of citizenship, primary language, or immigration status.

(Source: P.A. 95-668, eff. 10-10-07.)

(775 ILCS 5/5-102.1)

Sec. 5-102.1. No Civil Rights Violation: Public Accommodations.

(a) It is not a civil rights violation for a medical, dental, or other health care professional or a private professional service provider such as a lawyer, accountant, or insurance agent to refer or refuse to treat or provide services to an individual in a protected class for any non-discriminatory reason if, in the normal course of his or her operations or business, the professional would for the same reason refer or refuse to treat or provide services to an individual who is not in the protected class of the individual who seeks or requires the same or similar treatment or services.

(b) With respect to a place of public accommodation defined in paragraph (11) of Section 5-101, the exercise of free speech, free expression, free exercise of religion or expression of religiously based views by any individual or group of individuals that is protected under the First Amendment to the United States Constitution or under Section 3 of Article I, or Section 4 of Article I, of the Illinois Constitution, shall not be a civil rights violation.

(c) It is not a civil rights violation to verify immigration status or any discrimination based upon verified immigration status where required by federal law.

(d) Nothing in this Article may be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, State, or local law.

(Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10.)

(775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)

Sec. 8A-104. Relief; Penalties. Upon finding a civil rights violation, a hearing officer may recommend and the Commission or any three-member panel thereof may provide for any relief or penalty identified in this Section, separately or in combination, by entering an order directing the respondent to:

(A) Cease and Desist Order. Cease and desist from any violation of this Act.

(B) Actual Damages. Pay actual damages, as reasonably determined by the Commission, for injury or loss suffered by the complainant.

(B-5) Statutory Damages. Pay 3 times the amount of actual damages sustained or $8,000, whichever is the greater, for violations of Article 4 or Article 5.

(C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits. Hire, reinstate or upgrade the complainant with or without back pay or provide such fringe benefits as the complainant may have been denied.

(D) Restoration of Membership; Admission To Programs. Admit or restore the complainant to labor organization membership, to a guidance program, apprenticeship training program, on the job training program, or other occupational training or retraining program.

(E) Public Accommodations. Admit the complainant to a public accommodation.

(F) Services. Extend to the complainant the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent.

(G) Attorneys Fees; Costs. Pay to the complainant all or a portion of the costs of maintaining the action, including reasonable attorney fees and expert witness fees incurred in maintaining this action before the Department, the Commission and in any judicial review and judicial enforcement proceedings. Provided, however, that no award of attorney fees or costs shall be made pursuant to this amendatory Act of 1987 with respect to any charge for which the complaint before the Commission was filed prior to December 1, 1987. With respect to all charges for which complaints were filed with the Commission prior to December 1, 1987, attorney fees and costs shall be awarded pursuant to the terms of this subsection as it existed prior to revision by this amendatory Act of 1987.

(H) Compliance Report. Report as to the manner of compliance.

(I) Posting of Notices. Post notices in a conspicuous place which the Commission may publish or cause to be published setting forth requirements for compliance with this Act or other relevant information which the Commission determines necessary to explain this Act.

(J) Make Complainant Whole. Take such action as may be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant's actual damages and backpay from the date of the civil rights violation. Provided, however, that no award of prejudgment interest shall be made pursuant to this amendatory Act of 1987 with respect to any charge in which the complaint before the Commission was filed prior to December 1, 1987. With respect to all charges for which complaints were filed with the Commission prior to December 1, 1987, make whole relief shall be awarded pursuant to this subsection as it existed prior to revision by this amendatory Act of 1987.

There shall be no distinction made under this Section between complaints filed by the Department and those filed by the aggrieved party.

(Source: P.A. 86-910.)