Bill Amendment: IL SB3364 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HUMAN RIGHTS-AI-VIOLATIONS

Status: 2026-05-22 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB3364 Detail]

Download: Illinois-2025-SB3364-Senate_Amendment_001.html

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Sen. Rachel Ventura

Filed: 3/6/2026

 

 

 

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AMENDMENT TO SENATE BILL 3364
AMENDMENT NO. ______. Amend Senate Bill 3364 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Human Rights Act is amended by
changing Sections 1-103, 2-101, 3-102, 4-102, and 4-103 and by
adding Section 4-105 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.

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(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(B-10) Artificial intelligence. "Artificial intelligence"
means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to
generate outputs such as predictions, content,
recommendations, or decisions that can influence physical or
virtual environments. "Artificial intelligence" includes
generative artificial intelligence.
(B-15) Generative artificial intelligence. "Generative
artificial intelligence" means an automated computing system
that, when prompted with human prompts, descriptions, or
queries, can produce outputs that simulate human-produced
content, including, but not limited to, the following: (1)
textual outputs, such as short answers, essays, poetry, or
longer compositions or answers; (2) image outputs, such as
fine art, photographs, conceptual art, diagrams, and other
images; (3) multimedia outputs, such as audio or video in the

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form of compositions, songs, or short-form or long-form audio
or video; and (4) other content that would be otherwise
produced by human means.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(G-5) Conviction record. "Conviction record" means
information indicating that a person has been convicted of a
felony, misdemeanor or other criminal offense, placed on
probation, fined, imprisoned, or paroled pursuant to any law
enforcement or military authority.
(H) Department. "Department" means the Department of Human

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Rights created by this Act.
(I) Disability.
(1) "Disability" means a determinable physical or mental
characteristic of a person, including, but not limited to, a
determinable physical characteristic which necessitates the
person's use of a guide, hearing or support dog, the history of
such characteristic, or the perception of such characteristic
by the person complained against, which may result from
disease, injury, congenital condition of birth or functional
disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(b) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(c) For purposes of Article 4, is unrelated to a
person's ability to repay;
(d) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(e) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.

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(2) Discrimination based on disability includes unlawful
discrimination against an individual because of the
individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
(L) Person. "Person" includes one or more individuals,

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partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(M-5) Race. "Race" includes traits associated with race,
including, but not limited to, hair texture and protective
hairstyles such as braids, locks, and twists.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or

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sexual attraction to a minor by an adult.
(O-2) Reproductive Health Decisions. "Reproductive Health
Decisions" means a person's decisions regarding the person's
use of: contraception; fertility or sterilization care;
assisted reproductive technologies; miscarriage management
care; healthcare related to the continuation or termination of
pregnancy; or prenatal, intranatal, or postnatal care.
(O-5) Source of income. "Source of income" means the
lawful manner by which an individual supports himself or
herself and his or her dependents.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, reproductive health decisions, or unfavorable
discharge from military service as those terms are defined in
this Section.
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.

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1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
eff. 1-1-25.)
(775 ILCS 5/2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of
this Act, "employee" also includes an unpaid intern. An
unpaid intern is a person who performs work for an
employer under the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;

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(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing one or more employees
within Illinois during 20 or more calendar weeks

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within the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees
when a complainant alleges civil rights violation due
to unlawful discrimination based upon his or her
physical or mental disability unrelated to ability,
pregnancy, or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any place of worship,
religious corporation, association, educational
institution, society, or nonprofit nursing institution
conducted by and for those who rely upon treatment by
prayer through spiritual means in accordance with the
tenets of a recognized church or religious denomination
with respect to the employment of individuals of a
particular religion to perform work connected with the
carrying on by such place of worship, corporation,
association, educational institution, society, or
nonprofit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both

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public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work or to procure, recruit, refer,
or place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of
the rights of union labor which is constituted for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications
for apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
For purposes of this definition, the phrase "working

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environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct
on the basis of an individual's actual or perceived race,
color, religion, national origin, ancestry, age, sex, marital
status, order of protection status, disability, military
status, sexual orientation, pregnancy, unfavorable discharge
from military service, citizenship status, work authorization
status, or family responsibilities that has the purpose or
effect of substantially interfering with the individual's work
performance or creating an intimidating, hostile, or offensive
working environment. For purposes of this definition, the
phrase "working environment" is not limited to a physical
location an employee is assigned to perform his or her duties.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee
of the State, agency or department thereof, unit of local
government, school district, instrumentality or political

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subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the
Department's regulations. The provisions of this Article
relating to eligible bidders apply only to bids on contracts
with the State and its departments, agencies, boards, and
commissions, and the provisions do not apply to bids on
contracts with units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or

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(4) a person born outside the United States and not a
U.S. citizen who is lawfully present and who is protected
from discrimination under the provisions of Section 1324b
of Title 8 of the United States Code, as now or hereafter
amended.
(L) Work Authorization Status. "Work authorization status"
means the status of being a person born outside of the United
States, and not a U.S. citizen, who is authorized by the
federal government to work in the United States.
(M) Family Responsibilities. "Family responsibilities"
means an employee's actual or perceived provision of personal
care to a family member. As used in this definition:
(1) "Personal care" has the meaning given to that term
in the Employee Sick Leave Act.
(2) "Family member" has the meaning given to the term
"covered family member" in the Employee Sick Leave Act.
(N) (Blank). Artificial Intelligence. "Artificial
intelligence" means a machine-based system that, for explicit
or implicit objectives, infers, from the input it receives,
how to generate outputs such as predictions, content,
recommendations, or decisions that can influence physical or
virtual environments. "Artificial intelligence" includes
generative artificial intelligence.
(O) (Blank). Generative Artificial Intelligence.
"Generative artificial intelligence" means an automated
computing system that, when prompted with human prompts,

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descriptions, or queries, can produce outputs that simulate
human-produced content, including, but not limited to, the
following: (1) textual outputs, such as short answers, essays,
poetry, or longer compositions or answers; (2) image outputs,
such as fine art, photographs, conceptual art, diagrams, and
other images; (3) multimedia outputs, such as audio or video
in the form of compositions, songs, or short-form or long-form
audio or video; and (4) other content that would be otherwise
produced by human means.
(Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26;
104-417, eff. 8-15-25.)
(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 or deny real property, 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;

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(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

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record in a real estate transaction is intended.
(H) Criteria. 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. Such criteria or methods are
unlawful under this subsection if they are not necessary
to achieve a substantial, legitimate, non-discriminatory
interest; or if the substantial, legitimate,
non-discriminatory interest could be served by another
practice that has a less discriminatory effect.
(I) Artificial intelligence.
(1) With respect to transactions, terms, offers,
negotiations, representations, publication of intent,
listings, and criteria, for an owner, real estate
broker or salesman, or any other person, to use
artificial intelligence that has the effect of
subjecting another person to discrimination on the
basis of protected classes under this Article;
(2) For an owner, real estate broker or salesman,
or any person subject to this Article, to fail to
provide notice to a person that they are using
artificial intelligence with respect to a real estate
transaction, including with respect to transactions,
terms, offers, negotiations, representations,
publications of intent, listings, and criteria.

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The Department shall adopt any rules necessary for the
implementation and enforcement of this subdivision, including,
but not limited to, rules on the circumstances and conditions
that require notice, the time period for providing notice, the
contents of such notice, and the means for providing notice.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24;
103-859, eff. 1-1-25.)
(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, 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.

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(F) Lending Standards. Utilize lending standards that have
no economic basis and which constitute unlawful
discrimination.
(G) Use of artificial intelligence.
(1) With respect to denial of services, modification
of services, loan terms, property location, consideration
of income, and lending standards, for a financial
institution to use artificial intelligence that has the
effect of subjecting a person to discrimination on the
basis of protected classes under this Article.
(2) For a financial institution to fail to provide
notice to a person that the financial institution is using
artificial intelligence for the purpose of denying
services, modifying services, denying or varying the terms
of a loan, or setting lending standards that could have
the effect of subjecting a person to discrimination on the
basis of protected classes under this Article.
(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.

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(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.
(C) Use of artificial intelligence.
(1) With respect to denial and reasons for
rejection, for a person who offers credit cards to the
public in this State to use artificial intelligence
that has the effect of subjecting an applicant for a
credit card to discrimination on the basis of
protected classes under this Article.
(2) For a person who offers credit cards to the
public to fail to provide notice to an applicant for a
credit card that the person is using artificial
intelligence for the purpose of refusing to issue
credit cards or rejecting applications for credit
cards that could have the effect of subjecting an
applicant for a credit card to discrimination on the
basis of protected classes under this Article.
(Source: P.A. 81-1216.)
(775 ILCS 5/4-105 new)
Sec. 4-105. Rules. The Department shall adopt any rules
necessary for the implementation and enforcement of the notice
provision in Sections 4-102 and 4-103, including, but not
limited to, rules on the circumstances and conditions that

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require notice, the time period for providing notice, the
contents of such notice, and the means for providing notice.".