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| Public Act 095-0541 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Civil Rights Act of 2003 is amended | ||||
by changing Section 5 as follows:
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(740 ILCS 23/5)
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Sec. 5. Discrimination prohibited.
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(a) No unit of State, county, or local government in | ||||
Illinois shall:
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(1) exclude a person from participation in, deny a | ||||
person the benefits of,
or subject a person to | ||||
discrimination under any program or activity on the
grounds
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of that person's race, color, or national origin, or | ||||
gender; or
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(2) utilize criteria or methods of administration that | ||||
have the effect of
subjecting individuals to | ||||
discrimination because of their race, color, or
national
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origin, or gender.
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(b) Any party aggrieved by conduct that violates subsection | ||||
(a) may bring a
civil lawsuit, in a federal district court or | ||||
State circuit court, against the offending unit of
government. | ||||
Any State claim brought in federal district court shall be a | ||||
supplemental claim to a federal claim. This lawsuit must be | ||||
brought not later than 2 years after the
violation of | ||
subsection (a). If the court finds that a violation of | ||
paragraph
(1) or (2) of subsection (a) has occurred, the court | ||
may award to the plaintiff
actual damages. The court, as it | ||
deems appropriate, may grant as
relief any permanent or | ||
preliminary negative or mandatory injunction, temporary | ||
restraining order, or
other order.
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(c) Upon motion, a court shall award reasonable attorneys' | ||
fees and costs,
including expert witness fees and other | ||
litigation expenses, to a plaintiff who
is a prevailing party | ||
in any action brought:
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(1) pursuant to subsection (b); or
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(2) to enforce a right arising under the Illinois | ||
Constitution.
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In awarding reasonable attorneys' fees, the court shall | ||
consider the degree
to which the relief obtained relates to the | ||
relief sought.
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(d) For the purpose of this Act, the term "prevailing | ||
party" includes any
party:
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(1) who obtains some of his or her requested relief | ||
through a judicial
judgment in his or her favor;
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(2) who obtains some of his or her requested relief | ||
through any settlement
agreement approved by the court; or
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(3) whose pursuit of a non-frivolous claim was a | ||
catalyst for a unilateral
change in position by the | ||
opposing party relative to the relief sought.
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(Source: P.A. 93-425, eff. 1-1-04; 93-750, eff. 1-1-05.)
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