HB 5386

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Full Text of HB5386
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	HB5386 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5386
Introduced 2/10/2026, by Rep. Will Guzzardi
SYNOPSIS AS INTRODUCED:
775 ILCS 5/1-101.2 new
775 ILCS 5/1-103	  from Ch. 68, par. 1-103
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
775 ILCS 5/6-103 new
Amends the Illinois Human Rights Act. Provides that in the Articles governing employment, financial credit, and public accommodations it is a civil rights violation to use criteria or methods including practices, policies, and groups of practices or policies that has the effect of subjecting individuals to discrimination prohibited under the Act. Changes the definition of "unlawful discrimination" to mean discrimination against a person, whether by purpose or effect, 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 the Act.
LRB104 18256 JRC 31695 b
A BILL FOR
		HB5386		LRB104 18256 JRC 31695 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 1. Short title. This Act may be referred to as the
5Civil Rights Safeguard Act.
6    Section 5. The Illinois Human Rights Act is amended by
7changing Sections 1-103, 4-102 and 4-103 and 5-102 and by
8adding Sections 1-101.2, 2-103.5 and 6-103 as follows:
9    (775 ILCS 5/1-101.2 new)
10    Sec. 1-101.2. Provisions to be liberally construed.
11        (A) The provisions of this Act are to be construed 
12    liberally for the accomplishment of the uniquely broad and 
13    remedial purposes thereof, regardless of whether federal 
14    civil and human rights laws, including those laws with 
15    provisions worded comparably to provisions of this Act, 
16    have been so construed.
17        (B) Exceptions to and exemptions from the provisions 
18    of this Act are to be construed narrowly in order to 
19    maximize deterrence of discriminatory conduct.
20    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
21    Sec. 1-103. General definitions.  When used in this Act,
		HB5386	- 2 -	LRB104 18256 JRC 31695 b
1unless the context requires otherwise, the term:
2    (A) Age. "Age" means the chronological age of a person who
3is at least 40 years old, except with regard to any practice
4described in Section 2-102, insofar as that practice concerns
5training or apprenticeship programs. In the case of training
6or apprenticeship programs, for the purposes of Section 2-102,
7"age" means the chronological age of a person who is 18 but not
8yet 40 years old.
9    (B) Aggrieved party. "Aggrieved party" means a person who
10is alleged or proved to have been injured by a civil rights
11violation or believes he or she will be injured by a civil
12rights violation under Article 3 that is about to occur.
13    (B-5) Arrest record. "Arrest record" means:
14        (1) an arrest not leading to a conviction;
15        (2) a juvenile record; or
16        (3) criminal history record information ordered
17    expunged, sealed, or impounded under Section 5.2 of the
18    Criminal Identification Act.
19    (C) Charge. "Charge" means an allegation filed with the
20Department by an aggrieved party or initiated by the
21Department under its authority.
22    (D) Civil rights violation. "Civil rights violation"
23includes and shall be limited to only those specific acts set
24forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
253-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
265A-102, 6-101, 6-101.5, [and] 6-102, and 6-103 of this Act.
		HB5386	- 3 -	LRB104 18256 JRC 31695 b
1    (E) Commission. "Commission" means the Human Rights
2Commission created by this Act.
3    (F) Complaint. "Complaint" means the formal pleading filed
4by the Department with the Commission following an
5investigation and finding of substantial evidence of a civil
6rights violation.
7    (G) Complainant. "Complainant" means a person including
8the Department who files a charge of civil rights violation
9with the Department or the Commission.
10    (G-5) Conviction record. "Conviction record" means
11information indicating that a person has been convicted of a
12felony, misdemeanor or other criminal offense, placed on
13probation, fined, imprisoned, or paroled pursuant to any law
14enforcement or military authority.
15    (G-10) Criteria or methods. "Criteria or methods" include 
16practices, policies, and groups of practices or policies that 
17may have the effect of subjecting individuals to 
18discrimination prohibited under this Act.
19    (H) Department. "Department" means the Department of Human
20Rights created by this Act.
21    (I) Disability.
22    (1) "Disability" means a determinable physical or mental
23characteristic of a person, including, but not limited to, a
24determinable physical characteristic which necessitates the
25person's use of a guide, hearing or support dog, the history of
26such characteristic, or the perception of such characteristic
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1by the person complained against, which may result from
2disease, injury, congenital condition of birth or functional
3disorder and which characteristic:
4        (a) For purposes of Article 2, is unrelated to the
5    person's ability to perform the duties of a particular job
6    or position and, pursuant to Section 2-104 of this Act, a
7    person's illegal use of drugs or alcohol is not a
8    disability;
9        (b) For purposes of Article 3, is unrelated to the
10    person's ability to acquire, rent, or maintain a housing
11    accommodation;
12        (c) For purposes of Article 4, is unrelated to a
13    person's ability to repay;
14        (d) For purposes of Article 5, is unrelated to a
15    person's ability to utilize and benefit from a place of
16    public accommodation;
17        (e) For purposes of Article 5, also includes any
18    mental, psychological, or developmental disability,
19    including autism spectrum disorders.
20    (2) Discrimination based on disability includes unlawful
21discrimination against an individual because of the
22individual's association with a person with a disability.
23    (J) Marital status. "Marital status" means the legal
24status of being married, single, separated, divorced, or
25widowed.
26    (J-1) Military status. "Military status" means a person's
		HB5386	- 5 -	LRB104 18256 JRC 31695 b
1status on active duty in or status as a veteran of the armed
2forces of the United States, status as a current member or
3veteran of any reserve component of the armed forces of the
4United States, including the United States Army Reserve,
5United States Marine Corps Reserve, United States Navy
6Reserve, United States Air Force Reserve, and United States
7Coast Guard Reserve, or status as a current member or veteran
8of the Illinois Army National Guard or Illinois Air National
9Guard.
10    (K) National origin. "National origin" means the place in
11which a person or one of his or her ancestors was born.
12    (K-5) "Order of protection status" means a person's status
13as being a person protected under an order of protection
14issued pursuant to the Illinois Domestic Violence Act of 1986,
15Article 112A of the Code of Criminal Procedure of 1963, the
16Stalking No Contact Order Act, or the Civil No Contact Order
17Act, or an order of protection issued by a court of another
18state.
19    (L) Person. "Person" includes one or more individuals,
20partnerships, associations or organizations, labor
21organizations, labor unions, joint apprenticeship committees,
22or union labor associations, corporations, the State of
23Illinois and its instrumentalities, political subdivisions,
24units of local government, legal representatives, trustees in
25bankruptcy or receivers.
26    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
		HB5386	- 6 -	LRB104 18256 JRC 31695 b
1or medical or common conditions related to pregnancy or
2childbirth.
3    (M) Public contract. "Public contract" includes every
4contract to which the State, any of its political
5subdivisions, or any municipal corporation is a party.
6    (M-5) Race. "Race" includes traits associated with race,
7including, but not limited to, hair texture and protective
8hairstyles such as braids, locks, and twists.
9    (N) Religion. "Religion" includes all aspects of religious
10observance and practice, as well as belief, except that with
11respect to employers, for the purposes of Article 2,
12"religion" has the meaning ascribed to it in paragraph (F) of
13Section 2-101.
14    (O) Sex. "Sex" means the status of being male or female.
15    (O-1) Sexual orientation. "Sexual orientation" means
16actual or perceived heterosexuality, homosexuality,
17bisexuality, or gender-related identity, whether or not
18traditionally associated with the person's designated sex at
19birth. "Sexual orientation" does not include a physical or
20sexual attraction to a minor by an adult.
21    (O-2) Reproductive Health Decisions. "Reproductive Health
22Decisions" means a person's decisions regarding the person's
23use of: contraception; fertility or sterilization care;
24assisted reproductive technologies; miscarriage management
25care; healthcare related to the continuation or termination of
26pregnancy; or prenatal, intranatal, or postnatal care.
		HB5386	- 7 -	LRB104 18256 JRC 31695 b
1    (O-5) Source of income. "Source of income" means the
2lawful manner by which an individual supports himself or
3herself and his or her dependents.
4    (P) Unfavorable military discharge. "Unfavorable military
5discharge" includes discharges from the Armed Forces of the
6United States, their Reserve components, or any National Guard
7or Naval Militia which are classified as RE-3 or the
8equivalent thereof, but does not include those characterized
9as RE-4 or "Dishonorable".
10    (Q) Unlawful discrimination. "Unlawful discrimination"
11means discrimination against a person, whether by purpose or 
12effect, because of his or her actual or perceived: race,
13color, religion, national origin, ancestry, age, sex, marital
14status, order of protection status, disability, military
15status, sexual orientation, pregnancy, reproductive health
16decisions, or unfavorable discharge from military service as
17those terms are defined in this Section.
18(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
19102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
201-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
21eff. 1-1-25.)
22    (775 ILCS 5/2-103.5 new)
23    Sec. 2-103.5. Criteria or methods. It is a civil rights 
24violation for any employer, employment agency, or labor 
25organization to use criteria or methods in any act as set forth 
		HB5386	- 8 -	LRB104 18256 JRC 31695 b
1in Section 2-102, that has the effect of subjecting 
2individuals to discrimination on the basis of unlawful 
3discrimination, citizenship status, family responsibilities, 
4work authorization status, arrest record, or conviction 
5record. Such criteria or methods are unlawful under this 
6subsection if they are not necessary to achieve a substantial, 
7legitimate, nondiscriminatory interest; or if the substantial, 
8legitimate, nondiscriminatory interest could be served by 
9another practice that has a less discriminatory effect.
10    (775 ILCS 5/4-102)  (from Ch. 68, par. 4-102)
11    Sec. 4-102. Civil Rights Violations: Loans. It is [shall be]
12a civil rights violation for any financial institution, on the
13basis [grounds] of unlawful discrimination, to:
14    (A) Denial of Services. Deny any person any of the
15services normally offered by such an institution.
16    (B) Modification of Services. Provide any person with any
17service which is different from, or provided in a different
18manner than, that which is provided to other persons similarly
19situated.
20    (C) Loan Terms. Deny or vary the terms of a loan.
21    (D) Property Location. Deny or vary the terms of a loan on
22the basis that a specific parcel of real estate offered as
23security is located in a specific geographical area.
24    (E) Consideration of Income. Deny or vary the terms of a
25loan without having considered all of the regular and
		HB5386	- 9 -	LRB104 18256 JRC 31695 b
1dependable income of each person who would be liable for
2repayment of the loan.
3    (F) Lending Standards. Utilize lending standards that have
4no economic basis and which constitute unlawful
5discrimination.
6    (G) Criteria or methods. Use criteria or methods that have 
7the effect of subjecting individuals to unlawful 
8discrimination under this Section. Such criteria or methods 
9are unlawful under this subsection if they are not necessary 
10to achieve a substantial, legitimate, nondiscriminatory 
11interest; or if the substantial, legitimate, nondiscriminatory 
12interest could be served by another practice that has a less 
13discriminatory effect.
14(Source: P.A. 81-1216.)
15    (775 ILCS 5/4-103)  (from Ch. 68, par. 4-103)
16    Sec. 4-103. Credit Cards. It is a civil rights violation
17for a person who offers credit cards to the public in this
18State:
19        (A) Denial. To refuse to issue a credit card, upon
20    proper application, on the basis of unlawful
21    discrimination.
22        (B) Reasons for Rejection. To fail to inform an
23    applicant for a credit card, upon request, of the reason
24    that his or her application for a credit card has been
25    rejected.
		HB5386	- 10 -	LRB104 18256 JRC 31695 b
1        (C) Criteria or methods. Use criteria or methods that 
2    have the effect of subjecting individuals to unlawful 
3    discrimination under this Section. Such criteria or 
4    methods are unlawful under this subsection if they are not 
5    necessary to achieve a substantial, legitimate, 
6    nondiscriminatory interest; or if the substantial, 
7    legitimate, nondiscriminatory interest could be served by 
8    another practice that has a less discriminatory effect.
9(Source: P.A. 81-1216.)
10    (775 ILCS 5/5-102)  (from Ch. 68, par. 5-102)
11    Sec. 5-102. Civil Rights Violations: Public
12Accommodations. It is a civil rights violation for any person
13on the basis of unlawful discrimination to:
14    (A) Enjoyment of Facilities, Goods, and Services. Deny or
15refuse to another the full and equal enjoyment of the
16facilities, goods, and services of any public place of
17accommodation;
18    (B) Written Communications. Directly or indirectly, as the
19operator of a place of public accommodation, publish,
20circulate, display or mail any written communication, except a
21private communication sent in response to a specific inquiry,
22which the operator knows is to the effect that any of the
23facilities of the place of public accommodation will be denied
24to any person or that any person is unwelcome, objectionable
25or unacceptable because of unlawful discrimination;
		HB5386	- 11 -	LRB104 18256 JRC 31695 b
1    (C) Public Officials. Deny or refuse to another, as a
2public official, the full and equal enjoyment of the
3accommodations, advantage, facilities or privileges of the
4official's office or services or of any property under the
5official's care because of unlawful discrimination.
6    (D) Criteria or methods. Use criteria or methods that have 
7the effect of subjecting individuals to unlawful 
8discrimination under this Section. Such criteria or methods 
9are unlawful under this subsection if they are not necessary 
10to achieve a substantial, legitimate, nondiscriminatory 
11interest; or if the substantial, legitimate, nondiscriminatory 
12interest could be served by another practice that has a less 
13discriminatory effect.
14(Source: P.A. 95-668, eff. 10-10-07.)
15    (775 ILCS 5/6-103 new)
16    Sec. 6-103. Criteria or methods under Articles 2, 4, and 
175. It is a civil rights violation for any person or entity 
18subject to Articles 2, 4, or 5 to use criteria or methods that 
19have the effect of subjecting individuals to unlawful 
20discrimination prohibited under Articles 2, 4, or 5. Such 
21criteria or methods are unlawful if they are not necessary to 
22achieve a substantial, legitimate, nondiscriminatory interest; 
23or if the substantial, legitimate, nondiscriminatory interest 
24could be served by another practice that has a less 
25discriminatory effect.