SB1666 104TH GENERAL ASSEMBLY

LRB104 09559 JRC 19622 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1666

Introduced 2/5/2025, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

775 ILCS 5/2-103.5 new
775 ILCS 5/4-102	from Ch. 68, par. 4-102
775 ILCS 5/4-103	from Ch. 68, par. 4-103
775 ILCS 5/5-102	from Ch. 68, par. 5-102

Amends the Illinois Human Rights Act. Provides, in the Articles governing employment, financial, and public accommodation discrimination, that the use of criteria or methods that have the effect of causing certain discrimination-related civil rights violations is unlawful, unless (i) the use of such criteria or methods is necessary to achieve a substantial, legitimate, nondiscriminatory interest or (ii) the substantial, legitimate, nondiscriminatory interest cannot be served by another practice that has a less discriminatory effect.

A BILL FOR

AN ACT concerning human rights.

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

Section 5. The Illinois Human Rights Act is amended by changing Sections 4-102, 4-103, and 5-102 and by adding Section 2-103.5 as follows:

(775 ILCS 5/2-103.5 new)

Sec. 2-103.5. Criteria or methods. It is a civil rights violation for any employer, employment agency, or labor organization to use criteria or methods in any act, as set forth in Section 2-102, that has the effect of subjecting individuals to discrimination on the basis of unlawful discrimination, citizenship status, work authorization status, arrest record, or conviction record, unless (i) the use of such criteria or methods is necessary to achieve a substantial, legitimate, nondiscriminatory interest or (ii) the substantial, legitimate, nondiscriminatory interest cannot be served by another practice that has a less discriminatory effect.

(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 basis 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.

(F) Lending Standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination.

(G) Criteria. Use criteria or methods that have the effect of causing a civil rights violation under this Section, unless (i) the use of such criteria or methods is necessary to achieve a substantial, legitimate, nondiscriminatory interest or (ii) the substantial, legitimate, nondiscriminatory interest cannot be served by another practice that has a less discriminatory effect.

(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.

(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) Criteria or methods. Use criteria or methods that have the effect of causing a civil rights violation under this Section, unless (i) the use of such criteria or methods is necessary to achieve a substantial, legitimate, nondiscriminatory interest or (ii) the substantial, legitimate, nondiscriminatory interest cannot be served by another practice that has a less discriminatory effect.

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

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

Sec. 5-102. Civil Rights Violations: Public Accommodations. It is a civil rights violation for any person on the basis of unlawful discrimination to:

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

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

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

(D) Criteria or methods. Use criteria or methods that have the effect of causing a civil rights violation under this Section, unless (i) the use of such criteria or methods is necessary to achieve a substantial, legitimate, nondiscriminatory interest or (ii) the substantial, legitimate, nondiscriminatory interest cannot be served by another practice that has a less discriminatory effect.

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