Bill Amendment: IL SB3777 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HUMAN RIGHTS-DISPARTE IMPACT
Status: 2026-07-31 - Public Act . . . . . . . . . 104-0744 [SB3777 Detail]
Download: Illinois-2025-SB3777-House_Amendment_001.html
Bill Title: HUMAN RIGHTS-DISPARTE IMPACT
Status: 2026-07-31 - Public Act . . . . . . . . . 104-0744 [SB3777 Detail]
Download: Illinois-2025-SB3777-House_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3777 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3777 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. This Act may be referred to as the Civil Rights | ||||||
| 5 | Safeguard Act. | ||||||
| 6 | Section 5. The Illinois Human Rights Act is amended by | ||||||
| 7 | changing Sections 1-103, 4-102, 4-103, and 5-102 and by adding | ||||||
| 8 | Sections 2-103.5 and 4-105 as follows: | ||||||
| 9 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
| 10 | Sec. 1-103. General definitions. When used in this Act, | ||||||
| 11 | unless the context requires otherwise, the term: | ||||||
| 12 | (A) Age. "Age" means the chronological age of a person who | ||||||
| 13 | is at least 40 years old, except with regard to any practice | ||||||
| 14 | described in Section 2-102, insofar as that practice concerns | ||||||
| 15 | training or apprenticeship programs. In the case of training | ||||||
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| 1 | or apprenticeship programs, for the purposes of Section 2-102, | ||||||
| 2 | "age" means the chronological age of a person who is 18 but not | ||||||
| 3 | yet 40 years old. | ||||||
| 4 | (B) Aggrieved party. "Aggrieved party" means a person who | ||||||
| 5 | is alleged or proved to have been injured by a civil rights | ||||||
| 6 | violation or believes he or she will be injured by a civil | ||||||
| 7 | rights violation under Article 3 that is about to occur. | ||||||
| 8 | (B-5) Arrest record. "Arrest record" means: | ||||||
| 9 | (1) an arrest not leading to a conviction; | ||||||
| 10 | (2) a juvenile record; or | ||||||
| 11 | (3) criminal history record information ordered | ||||||
| 12 | expunged, sealed, or impounded under Section 5.2 of the | ||||||
| 13 | Criminal Identification Act. | ||||||
| 14 | (C) Charge. "Charge" means an allegation filed with the | ||||||
| 15 | Department by an aggrieved party or initiated by the | ||||||
| 16 | Department under its authority. | ||||||
| 17 | (D) Civil rights violation. "Civil rights violation" | ||||||
| 18 | includes and shall be limited to only those specific acts set | ||||||
| 19 | forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | ||||||
| 20 | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | ||||||
| 21 | 5A-102, 6-101, 6-101.5, and 6-102 of this Act. | ||||||
| 22 | (E) Commission. "Commission" means the Human Rights | ||||||
| 23 | Commission created by this Act. | ||||||
| 24 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
| 25 | by the Department with the Commission following an | ||||||
| 26 | investigation and finding of substantial evidence of a civil | ||||||
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| 1 | rights violation. | ||||||
| 2 | (G) Complainant. "Complainant" means a person including | ||||||
| 3 | the Department who files a charge of civil rights violation | ||||||
| 4 | with the Department or the Commission. | ||||||
| 5 | (G-5) Conviction record. "Conviction record" means | ||||||
| 6 | information indicating that a person has been convicted of a | ||||||
| 7 | felony, misdemeanor or other criminal offense, placed on | ||||||
| 8 | probation, fined, imprisoned, or paroled pursuant to any law | ||||||
| 9 | enforcement or military authority. | ||||||
| 10 | (G-10) Criteria or methods. "Criteria or methods" include | ||||||
| 11 | practices, policies, and groups of practices or policies that | ||||||
| 12 | may have the effect of subjecting individuals to | ||||||
| 13 | discrimination prohibited under this Act. | ||||||
| 14 | (H) Department. "Department" means the Department of Human | ||||||
| 15 | Rights created by this Act. | ||||||
| 16 | (I) Disability. | ||||||
| 17 | (1) "Disability" means a determinable physical or mental | ||||||
| 18 | characteristic of a person, including, but not limited to, a | ||||||
| 19 | determinable physical characteristic which necessitates the | ||||||
| 20 | person's use of a guide, hearing or support dog, the history of | ||||||
| 21 | such characteristic, or the perception of such characteristic | ||||||
| 22 | by the person complained against, which may result from | ||||||
| 23 | disease, injury, congenital condition of birth or functional | ||||||
| 24 | disorder and which characteristic: | ||||||
| 25 | (a) For purposes of Article 2, is unrelated to the | ||||||
| 26 | person's ability to perform the duties of a particular job | ||||||
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| 1 | or position and, pursuant to Section 2-104 of this Act, a | ||||||
| 2 | person's illegal use of drugs or alcohol is not a | ||||||
| 3 | disability; | ||||||
| 4 | (b) For purposes of Article 3, is unrelated to the | ||||||
| 5 | person's ability to acquire, rent, or maintain a housing | ||||||
| 6 | accommodation; | ||||||
| 7 | (c) For purposes of Article 4, is unrelated to a | ||||||
| 8 | person's ability to repay; | ||||||
| 9 | (d) For purposes of Article 5, is unrelated to a | ||||||
| 10 | person's ability to utilize and benefit from a place of | ||||||
| 11 | public accommodation; | ||||||
| 12 | (e) For purposes of Article 5, also includes any | ||||||
| 13 | mental, psychological, or developmental disability, | ||||||
| 14 | including autism spectrum disorders. | ||||||
| 15 | (2) Discrimination based on disability includes unlawful | ||||||
| 16 | discrimination against an individual because of the | ||||||
| 17 | individual's association with a person with a disability. | ||||||
| 18 | (J) Marital status. "Marital status" means the legal | ||||||
| 19 | status of being married, single, separated, divorced, or | ||||||
| 20 | widowed. | ||||||
| 21 | (J-1) Military status. "Military status" means a person's | ||||||
| 22 | status on active duty in or status as a veteran of the armed | ||||||
| 23 | forces of the United States, status as a current member or | ||||||
| 24 | veteran of any reserve component of the armed forces of the | ||||||
| 25 | United States, including the United States Army Reserve, | ||||||
| 26 | United States Marine Corps Reserve, United States Navy | ||||||
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| 1 | Reserve, United States Air Force Reserve, and United States | ||||||
| 2 | Coast Guard Reserve, or status as a current member or veteran | ||||||
| 3 | of the Illinois Army National Guard or Illinois Air National | ||||||
| 4 | Guard. | ||||||
| 5 | (K) National origin. "National origin" means the place in | ||||||
| 6 | which a person or one of his or her ancestors was born. | ||||||
| 7 | (K-5) "Order of protection status" means a person's status | ||||||
| 8 | as being a person protected under an order of protection | ||||||
| 9 | issued pursuant to the Illinois Domestic Violence Act of 1986, | ||||||
| 10 | Article 112A of the Code of Criminal Procedure of 1963, the | ||||||
| 11 | Stalking No Contact Order Act, or the Civil No Contact Order | ||||||
| 12 | Act, or an order of protection issued by a court of another | ||||||
| 13 | state. | ||||||
| 14 | (L) Person. "Person" includes one or more individuals, | ||||||
| 15 | partnerships, associations or organizations, labor | ||||||
| 16 | organizations, labor unions, joint apprenticeship committees, | ||||||
| 17 | or union labor associations, corporations, the State of | ||||||
| 18 | Illinois and its instrumentalities, political subdivisions, | ||||||
| 19 | units of local government, legal representatives, trustees in | ||||||
| 20 | bankruptcy or receivers. | ||||||
| 21 | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | ||||||
| 22 | or medical or common conditions related to pregnancy or | ||||||
| 23 | childbirth. | ||||||
| 24 | (M) Public contract. "Public contract" includes every | ||||||
| 25 | contract to which the State, any of its political | ||||||
| 26 | subdivisions, or any municipal corporation is a party. | ||||||
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| 1 | (M-5) Race. "Race" includes traits associated with race, | ||||||
| 2 | including, but not limited to, hair texture and protective | ||||||
| 3 | hairstyles such as braids, locks, and twists. | ||||||
| 4 | (N) Religion. "Religion" includes all aspects of religious | ||||||
| 5 | observance and practice, as well as belief, except that with | ||||||
| 6 | respect to employers, for the purposes of Article 2, | ||||||
| 7 | "religion" has the meaning ascribed to it in paragraph (F) of | ||||||
| 8 | Section 2-101. | ||||||
| 9 | (O) Sex. "Sex" means the status of being male or female. | ||||||
| 10 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
| 11 | actual or perceived heterosexuality, homosexuality, | ||||||
| 12 | bisexuality, or gender-related identity, whether or not | ||||||
| 13 | traditionally associated with the person's designated sex at | ||||||
| 14 | birth. "Sexual orientation" does not include a physical or | ||||||
| 15 | sexual attraction to a minor by an adult. | ||||||
| 16 | (O-2) Reproductive Health Decisions. "Reproductive Health | ||||||
| 17 | Decisions" means a person's decisions regarding the person's | ||||||
| 18 | use of: contraception; fertility or sterilization care; | ||||||
| 19 | assisted reproductive technologies; miscarriage management | ||||||
| 20 | care; healthcare related to the continuation or termination of | ||||||
| 21 | pregnancy; or prenatal, intranatal, or postnatal care. | ||||||
| 22 | (O-5) Source of income. "Source of income" means the | ||||||
| 23 | lawful manner by which an individual supports himself or | ||||||
| 24 | herself and his or her dependents. | ||||||
| 25 | (P) Unfavorable military discharge. "Unfavorable military | ||||||
| 26 | discharge" includes discharges from the Armed Forces of the | ||||||
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| 1 | United States, their Reserve components, or any National Guard | ||||||
| 2 | or Naval Militia which are classified as RE-3 or the | ||||||
| 3 | equivalent thereof, but does not include those characterized | ||||||
| 4 | as RE-4 or "Dishonorable". | ||||||
| 5 | (Q) Unlawful discrimination. "Unlawful discrimination" | ||||||
| 6 | means discrimination against a person, whether by purpose or | ||||||
| 7 | effect, because of his or her actual or perceived: race, | ||||||
| 8 | color, religion, national origin, ancestry, age, sex, marital | ||||||
| 9 | status, order of protection status, disability, military | ||||||
| 10 | status, sexual orientation, pregnancy, reproductive health | ||||||
| 11 | decisions, or unfavorable discharge from military service as | ||||||
| 12 | those terms are defined in this Section. | ||||||
| 13 | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | ||||||
| 14 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | ||||||
| 15 | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, | ||||||
| 16 | eff. 1-1-25.) | ||||||
| 17 | (775 ILCS 5/2-103.5 new) | ||||||
| 18 | Sec. 2-103.5. Criteria or methods. It is a civil rights | ||||||
| 19 | violation for any employer, employment agency, or labor | ||||||
| 20 | organization to use criteria or methods in any act as set forth | ||||||
| 21 | in Section 2-102 that have the effect of subjecting | ||||||
| 22 | individuals to discrimination on the basis of unlawful | ||||||
| 23 | discrimination, citizenship status, family responsibilities, | ||||||
| 24 | work authorization status, arrest record, or conviction | ||||||
| 25 | record. Such criteria or methods are unlawful under this | ||||||
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| 1 | Section if (i) the respondent fails to demonstrate that the | ||||||
| 2 | criteria or methods are job related for the position in | ||||||
| 3 | question and consistent with business necessity or (ii) the | ||||||
| 4 | respondent demonstrates that the criteria or methods are job | ||||||
| 5 | related for the position in question and consistent with | ||||||
| 6 | business necessity and the complainant demonstrates that the | ||||||
| 7 | business necessity could be served by another employment | ||||||
| 8 | practice that has a less discriminatory effect. | ||||||
| 9 | (775 ILCS 5/4-102) (from Ch. 68, par. 4-102) | ||||||
| 10 | Sec. 4-102. Civil Rights Violations: Loans. It is shall be | ||||||
| 11 | a civil rights violation for any financial institution, on the | ||||||
| 12 | basis grounds of unlawful discrimination, to: | ||||||
| 13 | (A) Denial of Services. Deny any person any of the | ||||||
| 14 | services normally offered by such an institution. | ||||||
| 15 | (B) Modification of Services. Provide any person with any | ||||||
| 16 | service which is different from, or provided in a different | ||||||
| 17 | manner than, that which is provided to other persons similarly | ||||||
| 18 | situated. | ||||||
| 19 | (C) Loan Terms. Deny or vary the terms of a loan. | ||||||
| 20 | (D) Property Location. Deny or vary the terms of a loan on | ||||||
| 21 | the basis that a specific parcel of real estate offered as | ||||||
| 22 | security is located in a specific geographical area. | ||||||
| 23 | (E) Consideration of Income. Deny or vary the terms of a | ||||||
| 24 | loan without having considered all of the regular and | ||||||
| 25 | dependable income of each person who would be liable for | ||||||
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| 1 | repayment of the loan. | ||||||
| 2 | (F) Lending Standards. Utilize lending standards that have | ||||||
| 3 | no economic basis and which constitute unlawful | ||||||
| 4 | discrimination. | ||||||
| 5 | (G) Criteria or methods. Use criteria or methods that have | ||||||
| 6 | the effect of subjecting individuals to unlawful | ||||||
| 7 | discrimination under this Section. Such criteria or methods | ||||||
| 8 | are unlawful under this subsection if they are not necessary | ||||||
| 9 | to achieve a substantial, legitimate, nondiscriminatory | ||||||
| 10 | interest or if the substantial, legitimate, nondiscriminatory | ||||||
| 11 | interest could be served by another practice that has a less | ||||||
| 12 | discriminatory effect. | ||||||
| 13 | (Source: P.A. 81-1216.) | ||||||
| 14 | (775 ILCS 5/4-103) (from Ch. 68, par. 4-103) | ||||||
| 15 | Sec. 4-103. Credit Cards. It is a civil rights violation | ||||||
| 16 | for a person who offers credit cards to the public in this | ||||||
| 17 | State: | ||||||
| 18 | (A) Denial. To refuse to issue a credit card, upon | ||||||
| 19 | proper application, on the basis of unlawful | ||||||
| 20 | discrimination. | ||||||
| 21 | (B) Reasons for Rejection. To fail to inform an | ||||||
| 22 | applicant for a credit card, upon request, of the reason | ||||||
| 23 | that his or her application for a credit card has been | ||||||
| 24 | rejected. | ||||||
| 25 | (C) Criteria or methods. Use criteria or methods that | ||||||
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| 1 | have the effect of subjecting individuals to unlawful | ||||||
| 2 | discrimination under this Section. Such criteria or | ||||||
| 3 | methods are unlawful under this subsection if they are not | ||||||
| 4 | necessary to achieve a substantial, legitimate, | ||||||
| 5 | nondiscriminatory interest or if the substantial, | ||||||
| 6 | legitimate, nondiscriminatory interest could be served by | ||||||
| 7 | another practice that has a less discriminatory effect. | ||||||
| 8 | (Source: P.A. 81-1216.) | ||||||
| 9 | (775 ILCS 5/4-105 new) | ||||||
| 10 | Sec. 4-105. Consultation. | ||||||
| 11 | (A) The Department may consult with the Secretary of | ||||||
| 12 | Financial and Professional Regulation or a financial | ||||||
| 13 | institution's primary prudential regulator for purposes of | ||||||
| 14 | investigating a charge involving a financial institution. | ||||||
| 15 | (B) Nothing in this Section shall be construed to prohibit | ||||||
| 16 | the Department from investigating a charge involving a | ||||||
| 17 | financial institution pursuant to this Act. Nothing in this | ||||||
| 18 | Act shall be construed to limit the authority of the | ||||||
| 19 | Department of Financial and Professional Regulation, Office of | ||||||
| 20 | the Comptroller of the Currency, or National Credit Union | ||||||
| 21 | Administration to examine any financial institution. | ||||||
| 22 | (775 ILCS 5/5-102) (from Ch. 68, par. 5-102) | ||||||
| 23 | Sec. 5-102. Civil Rights Violations: Public | ||||||
| 24 | Accommodations. It is a civil rights violation for any person | ||||||
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| 1 | on the basis of unlawful discrimination to: | ||||||
| 2 | (A) Enjoyment of Facilities, Goods, and Services. Deny or | ||||||
| 3 | refuse to another the full and equal enjoyment of the | ||||||
| 4 | facilities, goods, and services of any public place of | ||||||
| 5 | accommodation; | ||||||
| 6 | (B) Written Communications. Directly or indirectly, as the | ||||||
| 7 | operator of a place of public accommodation, publish, | ||||||
| 8 | circulate, display or mail any written communication, except a | ||||||
| 9 | private communication sent in response to a specific inquiry, | ||||||
| 10 | which the operator knows is to the effect that any of the | ||||||
| 11 | facilities of the place of public accommodation will be denied | ||||||
| 12 | to any person or that any person is unwelcome, objectionable | ||||||
| 13 | or unacceptable because of unlawful discrimination; | ||||||
| 14 | (C) Public Officials. Deny or refuse to another, as a | ||||||
| 15 | public official, the full and equal enjoyment of the | ||||||
| 16 | accommodations, advantage, facilities or privileges of the | ||||||
| 17 | official's office or services or of any property under the | ||||||
| 18 | official's care because of unlawful discrimination. | ||||||
| 19 | (D) Criteria or methods. Use criteria or methods that have | ||||||
| 20 | the effect of subjecting individuals to unlawful | ||||||
| 21 | discrimination under this Section. Such criteria or methods | ||||||
| 22 | are unlawful under this subsection if they are not necessary | ||||||
| 23 | to achieve a substantial, legitimate, nondiscriminatory | ||||||
| 24 | interest or if the substantial, legitimate, nondiscriminatory | ||||||
| 25 | interest could be served by another practice that has a less | ||||||
| 26 | discriminatory effect. | ||||||
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| 1 | (Source: P.A. 95-668, eff. 10-10-07.)". | ||||||
