Illinois General Assembly - Full Text of HB5371
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Full Text of HB5371  103rd General Assembly

HB5371 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5371

 

Introduced 2/9/2024, by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB103 39459 JRC 69653 b

 

 

A BILL FOR

 

HB5371LRB103 39459 JRC 69653 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 2-102, 3-101, 3-102, 8-101, 8-111, 8B-104,
610-103, 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
9civil 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, clients,
4    vendors, or other visitors only if the employer becomes
5    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
14applicable strictly in the context of this Article:
15    (A) Real Property. "Real property" includes buildings,
16structures, real estate, lands, tenements, leaseholds,
17interests in real estate cooperatives, condominiums, and
18hereditaments, corporeal and incorporeal, or any interest
19therein.
20    (B) Real Estate Transaction. "Real estate transaction"
21includes the sale, exchange, rental or lease of real property,
22or any act that otherwise makes available such a transaction
23or alters a person's rights to real property. "Real estate
24transaction" also includes the brokering or appraising of
25residential real property and the making or purchasing of

 

 

HB5371- 14 -LRB103 39459 JRC 69653 b

1loans 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"
6includes any improved or unimproved real property, or part
7thereof, which is used or occupied, or is intended, arranged
8or designed to be used or occupied, as the home or residence of
9one or more individuals.
10    (D) Real Estate Broker or Salesman. "Real estate broker or
11salesman" means a person, whether licensed or not, who, for or
12with the expectation of receiving a consideration, lists,
13sells, purchases, exchanges, rents, or leases real property,
14or who negotiates or attempts to negotiate any of these
15activities, or who holds oneself out as engaged in these.
16    (E) Familial Status. "Familial status" means one or more
17individuals (who have not attained the age of 18 years) being
18domiciled 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
25discrimination on the basis of familial status apply to any
26person who is pregnant or is in the process of securing legal

 

 

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1custody of any individual who has not attained the age of 18
2years.
3    (F) Conciliation. "Conciliation" means the attempted
4resolution of issues raised by a charge, or by the
5investigation of such charge, through informal negotiations
6involving the aggrieved party, the respondent and the
7Department.
8    (G) Conciliation Agreement. "Conciliation agreement" means
9a written agreement setting forth the resolution of the issues
10in conciliation.
11    (H) Covered Multifamily Dwellings. As used in Section
123-102.1, "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
18person's actual or perceived citizenship or immigration
19status.
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
23transactions and other prohibited acts. It is a civil rights
24violation for an owner or any other person, or for a real
25estate broker or salesman, because of unlawful discrimination,

 

 

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1familial status, immigration status, source of income, or an
2arrest record, as defined under subsection (B-5) of Section
31-103, 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
21created to consist of 7 members appointed by the Governor with
22the advice and consent of the Senate. No more than 4 members
23shall be of the same political party. The Governor shall
24designate one member as chairperson. All appointments shall be
25in writing and filed with the Secretary of State as a public

 

 

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1record.
2    (B) Terms. Of the members first appointed, 4 shall be
3appointed for a term to expire on the third Monday of January,
42021, and 3 (including the Chairperson) shall be appointed for
5a term to expire on the third Monday of January, 2023.
6    Notwithstanding any provision of this Section to the
7contrary, the term of office of each member of the Illinois
8Human Rights Commission is abolished on January 19, 2019.
9Incumbent members holding a position on the Commission that
10was created by Public Act 84-115 and whose terms, if not for
11Public Act 100-1066 this amendatory Act of the 100th General
12Assembly, would have expired January 18, 2021 shall continue
13to exercise all of the powers and be subject to all of the
14duties of members of the Commission until June 30, 2019 or
15until their respective successors are appointed and qualified,
16whichever is earlier.
17    Thereafter, each member shall serve for a term of 4 years
18and until the member's successor is appointed and qualified;
19except that any member chosen to fill a vacancy occurring
20otherwise than by expiration of a term shall be appointed only
21for the unexpired term of the member whom the member shall
22succeed and until the member's successor is appointed and
23qualified.
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

 

 

HB5371- 19 -LRB103 39459 JRC 69653 b

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
17Chairperson of the Commission shall be compensated at the rate
18of $125,000 per year, or as set by the Compensation Review
19Board, whichever is greater, during the Chairperson's service
20as Chairperson, and each other member shall be compensated at
21the rate of $119,000 per year, or as set by the Compensation
22Review Board, whichever is greater. In addition, all members
23of the Commission shall be reimbursed for expenses actually
24and necessarily incurred by them in the performance of their
25duties.
26    (E) (Blank). Notwithstanding the general supervisory

 

 

HB5371- 20 -LRB103 39459 JRC 69653 b

1authority of the Chairperson, each commissioner, unless
2appointed to the special temporary panel created under
3subsection (H), has the authority to hire and supervise a
4staff attorney. The staff attorney shall report directly to
5the individual commissioner.
6    (F) A formal training program for newly appointed
7commissioners shall be implemented. The training program shall
8include 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
25including, but not limited to, the above-noted areas shall be
26implemented to keep commissioners informed of recent

 

 

HB5371- 21 -LRB103 39459 JRC 69653 b

1developments and issues and to assist them in maintaining and
2enhancing their professional competence. Each commissioner
3shall complete 20 hours of training in the above-noted areas
4during every 2 years the commissioner remains in office.
5    (G) Commissioners must meet one of the following
6qualifications:
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
21Secretary of State and transmitted to the Senate, shall state
22specifically how the experience of a nominee for commissioner
23meets the requirement set forth in this subsection. The
24Chairperson must have public or private sector management and
25budget experience, as determined by the Governor.
26    Each commissioner shall devote full time to the

 

 

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1commissioner's duties and any commissioner who is an attorney
2shall not engage in the practice of law, nor shall any
3commissioner hold any other office or position of profit under
4the United States or this State or any municipal corporation
5or political subdivision of this State, nor engage in any
6other business, employment, or vocation.
7    (H) (Blank).
8(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
9revised 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.

 

 

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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.

 

 

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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.

 

 

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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 action initiated by the State,
8    regardless of whether or not the aggrieved party
9    intervened in an enforcement action of the Commission's
10    Order.
11    (D) Limitation. Except as otherwise provided by law, no
12court of this state shall have jurisdiction over the subject
13of an alleged civil rights violation other than as set forth in
14this Act.
15    (E) This amendatory Act of 1996 applies to causes of
16action filed on or after January 1, 1996.
17    (F) The changes made to this Section by this amendatory
18Act of the 95th General Assembly apply to charges or
19complaints filed with the Department or the Commission on or
20after the effective date of those changes.
21(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
 
22    (775 ILCS 5/8B-104)  (from Ch. 68, par. 8B-104)
23    Sec. 8B-104. Relief; penalties. Upon finding a civil
24rights violation, a hearing officer may recommend and the
25Commission or any three-member panel thereof may provide for

 

 

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

 

 

HB5371- 27 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 28 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 29 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 30 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 31 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 32 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 33 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 34 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 35 -LRB103 39459 JRC 69653 b

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

 

 

HB5371- 36 -LRB103 39459 JRC 69653 b

1    or procedure brought pursuant to the procedures set out in
2    Section 7A-102 or 7B-102.
3(Source: P.A. 101-661, eff. 4-2-21.)
 
4    (775 ILCS 5/8-113 rep.)
5    Section 10. The Illinois Human Rights Act is amended by
6repealing Section 8-113.

 

 

HB5371- 37 -LRB103 39459 JRC 69653 b

1 INDEX
2 Statutes amended in order of appearance
3    775 ILCS 5/2-102from Ch. 68, par. 2-102
4    775 ILCS 5/3-101from Ch. 68, par. 3-101
5    775 ILCS 5/3-102from Ch. 68, par. 3-102
6    775 ILCS 5/8-101
7    775 ILCS 5/8-111from Ch. 68, par. 8-111
8    775 ILCS 5/8B-104from Ch. 68, par. 8B-104
9    775 ILCS 5/10-103from Ch. 68, par. 10-103
10    775 ILCS 5/10-104
11    775 ILCS 5/8-113 rep.