HB 5394

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Full Text of HB5394
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	HB5394 - 104th General Assembly
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		HB5394 Engrossed		LRB104 20008 JRC 33459 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 Section 1-103 and by adding Section 3-104.2 as
6follows:
7    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
8    Sec. 1-103. General definitions.  When used in this Act,
9unless the context requires otherwise, the term:
10    (A) Age. "Age" means the chronological age of a person who
11is at least 40 years old, except with regard to any practice
12described in Section 2-102, insofar as that practice concerns
13training or apprenticeship programs. In the case of training
14or apprenticeship programs, for the purposes of Section 2-102,
15"age" means the chronological age of a person who is 18 but not
16yet 40 years old.
17    (B) Aggrieved party. "Aggrieved party" means a person who
18is alleged or proved to have been injured by a civil rights
19violation or believes he or she will be injured by a civil
20rights violation under Article 3 that is about to occur.
21    (B-5) Arrest record. "Arrest record" means:
22        (1) an arrest not leading to a conviction;
23        (2) a juvenile record; or
		HB5394 Engrossed	- 2 -	LRB104 20008 JRC 33459 b
1        (3) criminal history record information ordered
2    expunged, sealed, or impounded under Section 5.2 of the
3    Criminal Identification Act.
4    (C) Charge. "Charge" means an allegation filed with the
5Department by an aggrieved party or initiated by the
6Department under its authority.
7    (D) Civil rights violation. "Civil rights violation"
8includes and shall be limited to only those specific acts set
9forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
103-102.10, 3-104.1, 3-104.2, 3-105, 3-105.1, 4-102, 4-103,
115-102, 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
12    (E) Commission. "Commission" means the Human Rights
13Commission created by this Act.
14    (F) Complaint. "Complaint" means the formal pleading filed
15by the Department with the Commission following an
16investigation and finding of substantial evidence of a civil
17rights violation.
18    (G) Complainant. "Complainant" means a person including
19the Department who files a charge of civil rights violation
20with the Department or the Commission.
21    (G-5) Conviction record. "Conviction record" means
22information indicating that a person has been convicted of a
23felony, misdemeanor or other criminal offense, placed on
24probation, fined, imprisoned, or paroled pursuant to any law
25enforcement or military authority.
26    (H) Department. "Department" means the Department of Human
		HB5394 Engrossed	- 3 -	LRB104 20008 JRC 33459 b
1Rights created by this Act.
2    (I) Disability.
3    (1) "Disability" means a determinable physical or mental
4characteristic of a person, including, but not limited to, a
5determinable physical characteristic which necessitates the
6person's use of a guide, hearing or support dog, the history of
7such characteristic, or the perception of such characteristic
8by the person complained against, which may result from
9disease, injury, congenital condition of birth or functional
10disorder and which characteristic:
11        (a) For purposes of Article 2, is unrelated to the
12    person's ability to perform the duties of a particular job
13    or position and, pursuant to Section 2-104 of this Act, a
14    person's illegal use of drugs or alcohol is not a
15    disability;
16        (b) For purposes of Article 3, is unrelated to the
17    person's ability to acquire, rent, or maintain a housing
18    accommodation;
19        (c) For purposes of Article 4, is unrelated to a
20    person's ability to repay;
21        (d) For purposes of Article 5, is unrelated to a
22    person's ability to utilize and benefit from a place of
23    public accommodation;
24        (e) For purposes of Article 5, also includes any
25    mental, psychological, or developmental disability,
26    including autism spectrum disorders.
		HB5394 Engrossed	- 4 -	LRB104 20008 JRC 33459 b
1    (2) Discrimination based on disability includes unlawful
2discrimination against an individual because of the
3individual's association with a person with a disability.
4    (J) Marital status. "Marital status" means the legal
5status of being married, single, separated, divorced, or
6widowed.
7    (J-1) Military status. "Military status" means a person's
8status on active duty in or status as a veteran of the armed
9forces of the United States, status as a current member or
10veteran of any reserve component of the armed forces of the
11United States, including the United States Army Reserve,
12United States Marine Corps Reserve, United States Navy
13Reserve, United States Air Force Reserve, and United States
14Coast Guard Reserve, or status as a current member or veteran
15of the Illinois Army National Guard or Illinois Air National
16Guard.
17    (K) National origin. "National origin" means the place in
18which a person or one of his or her ancestors was born.
19    (K-5) "Order of protection status" means a person's status
20as being a person protected under an order of protection
21issued pursuant to the Illinois Domestic Violence Act of 1986,
22Article 112A of the Code of Criminal Procedure of 1963, the
23Stalking No Contact Order Act, or the Civil No Contact Order
24Act, or an order of protection issued by a court of another
25state.
26    (L) Person. "Person" includes one or more individuals,
		HB5394 Engrossed	- 5 -	LRB104 20008 JRC 33459 b
1partnerships, associations or organizations, labor
2organizations, labor unions, joint apprenticeship committees,
3or union labor associations, corporations, the State of
4Illinois and its instrumentalities, political subdivisions,
5units of local government, legal representatives, trustees in
6bankruptcy or receivers.
7    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
8or medical or common conditions related to pregnancy or
9childbirth.
10    (M) Public contract. "Public contract" includes every
11contract to which the State, any of its political
12subdivisions, or any municipal corporation is a party.
13    (M-5) Race. "Race" includes traits associated with race,
14including, but not limited to, hair texture and protective
15hairstyles such as braids, locks, and twists.
16    (N) Religion. "Religion" includes all aspects of religious
17observance and practice, as well as belief, except that with
18respect to employers, for the purposes of Article 2,
19"religion" has the meaning ascribed to it in paragraph (F) of
20Section 2-101.
21    (O) Sex. "Sex" means the status of being male or female.
22    (O-1) Sexual orientation. "Sexual orientation" means
23actual or perceived heterosexuality, homosexuality,
24bisexuality, or gender-related identity, whether or not
25traditionally associated with the person's designated sex at
26birth. "Sexual orientation" does not include a physical or
		HB5394 Engrossed	- 6 -	LRB104 20008 JRC 33459 b
1sexual attraction to a minor by an adult.
2    (O-2) Reproductive Health Decisions. "Reproductive Health
3Decisions" means a person's decisions regarding the person's
4use of: contraception; fertility or sterilization care;
5assisted reproductive technologies; miscarriage management
6care; healthcare related to the continuation or termination of
7pregnancy; or prenatal, intranatal, or postnatal care.
8    (O-5) Source of income. "Source of income" means the
9lawful manner by which an individual supports himself or
10herself and his or her dependents.
11    (P) Unfavorable military discharge. "Unfavorable military
12discharge" includes discharges from the Armed Forces of the
13United States, their Reserve components, or any National Guard
14or Naval Militia which are classified as RE-3 or the
15equivalent thereof, but does not include those characterized
16as RE-4 or "Dishonorable".
17    (Q) Unlawful discrimination. "Unlawful discrimination"
18means discrimination against a person because of his or her
19actual or perceived: race, color, religion, national origin,
20ancestry, age, sex, marital status, order of protection
21status, disability, military status, sexual orientation,
22pregnancy, reproductive health decisions, or unfavorable
23discharge from military service as those terms are defined in
24this Section.
25(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
26102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
		HB5394 Engrossed	- 7 -	LRB104 20008 JRC 33459 b
11-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
2eff. 1-1-25.)
3    (775 ILCS 5/3-104.2 new)
4    Sec. 3-104.2. Credit history and subsidies.
5    (a) As used in this Section, "housing subsidy" means, but 
6is not limited to, housing choice vouchers, permanent 
7supportive housing program placements, or rapid rehousing 
8subsidies.
9    (b) If there is a housing subsidy involved in the process 
10of securing rental housing, it is a civil rights violation for 
11an owner or any other person, or for a real estate broker or 
12salesman, to:
13        (1) use a financial or income standard in assessing 
14    eligibility for the rental of housing that is not based on 
15    the portion of the rent to be paid by the tenant; or
16        (2) use a person's credit history as part of the 
17    application process for a rental accommodation or deny an 
18    applicant based on credit score or credit history, without 
19    offering the applicant the option, at the applicant's 
20    discretion, of providing lawful, verifiable alternative 
21    evidence of the applicant's reasonable ability to pay the 
22    portion of the rent to be paid by the tenant, including, 
23    but not limited to, bank statements, pay stubs, rental 
24    history, or benefit statements.
25    (c) If the applicant elects to provide lawful, verifiable 
		HB5394 Engrossed	- 8 -	LRB104 20008 JRC 33459 b
1alternative evidence of the applicant's reasonable ability to 
2pay under subsection (b), the housing provider must do both of 
3the following:
4        (1) provide the applicant reasonable time to respond 
5    with that alternative evidence; and
6        (2) reasonably consider that alternative evidence in 
7    lieu of the person's credit score or credit history in 
8    determining whether to offer the rental accommodation to 
9    the applicant.
10    (d) The Department shall adopt any rules necessary for the 
11implementation and enforcement of this Section, including, but 
12not limited to, rules on the circumstances and conditions 
13under which use of credit scores or history to deny a rental 
14application to a person with a housing subsidy may constitute 
15a civil rights violation under this Section.