HB2909 HUMAN RTS-LANGUAGE CITIZENSHIP | Illinois Bill

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2909

Introduced 2/6/2025, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

775 ILCS 5/4-101

from Ch. 68, par. 4-101
775 ILCS 5/4-102

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

from Ch. 68, par. 4-103
775 ILCS 5/4-104

from Ch. 68, par. 4-104
775 ILCS 5/5-101

from Ch. 68, par. 5-101
775 ILCS 5/5-102

from Ch. 68, par. 5-102
775 ILCS 5/5-102.1
775 ILCS 5/8A-104

from Ch. 68, par. 8A-104

Amends the Illinois Human Rights Act. Changes the Public
Accommodations and Financial Credit Articles to prohibit discrimination on
the basis of citizenship, primary language, or immigration status that
includes discrimination against a person because of the person's actual or
perceived characteristic or characteristics within the listed categories
or that the person is associated with a person who has, or is perceived to
have, any particular characteristic or characteristics within the listed
categories. "Citizenship" means the status of being: (i) a born U.S.
citizen; (ii) a naturalized U.S. citizen; or (iii) a U.S. national.
"Immigration status" means citizenship of some country other than the
United States, including stateless persons, and the specific authority, or
lack thereof, to reside in or otherwise to be present in the United States.
"Primary language" means a person's preferred language for communication.
Provides that it is not a civil rights violation to verify immigration
status or any discrimination based upon verified immigration status if
required by federal law. Nothing in the Act may be construed to require the
provision of services or documents in a language other than English beyond
that which is otherwise required by other provisions of federal, State, or
local law. Provides that a civil rights violation for a violation of
Articles 4 and 5 may include statutory damages of 3 times the amount of
actual damages sustained or $8,000, whichever is the greater.
LRB104 09699 JRC 19765 b

A BILL FOR

HB2909
LRB104 09699 JRC 19765 b
1

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

Section 5.
The Illinois Human Rights Act is amended by
5
changing Sections 4-101, 4-102, 4-103, 4-104, 5-101, 5-102,
6
5-102.1, and 8A-104 as follows:

(775 ILCS 5/4-101)

(from Ch. 68, par. 4-101)
8

Sec. 4-101.
Definitions.
The following definitions are
9
applicable strictly in the context of this Article:
10

(A) "Citizenship" means the status of being:
11

(1) a born U.S. citizen;
12

(2) a naturalized U.S. citizen; or
13

(3) a U.S. national.
14

(B) "Discrimination on the basis of citizenship, primary
15
language, or immigration status" means discrimination against
16
a person because of the person's actual or perceived
17
characteristic or characteristics within the listed categories
18
or that the person is associated with a person who has, or is
19
perceived to have, any particular characteristic or
20
characteristics within the listed categories.

(C)

(A)
Credit Card. "Credit card" has the meaning set
22
forth in Section 17-0.5 of the Criminal Code of 2012.
23

(D)

(B)
Financial Institution. "Financial institution"

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LRB104 09699 JRC 19765 b
1
means any bank, credit union, insurance company, mortgage
2
banking company or savings and loan association which operates
3
or has a place of business in this State.
4

(E) "Immigration status" means citizenship of some country
5
other than the United States, including stateless persons, and
6
the specific authority, or lack thereof, to reside in or
7
otherwise to be present in the United States.

(F)

(C)
Loan. "Loan" includes, but is not limited to, the
9
providing of funds, for consideration, which are sought for:
10
(1) the purpose of purchasing, constructing, improving,
11
repairing, or maintaining a housing accommodation as that term
12
is defined in paragraph (C) of Section 3-101; or (2) any
13
commercial or industrial purposes.
14

(G) "Primary language" means a person's preferred language
15
for communication.

(H)

(D)
Varying Terms. "Varying the terms of a loan"
17
includes, but is not limited to, the following practices:
18

(1) Requiring a greater down payment than is usual for
19

the particular type of a loan involved.
20

(2) Requiring a shorter period of amortization than is
21

usual for the particular type of loan involved.
22

(3) Charging a higher interest rate than is usual for
23

the particular type of loan involved.
24

(4) An under appraisal of real estate or other item of
25

property offered as security.
26
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

HB2909
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LRB104 09699 JRC 19765 b
1

(775 ILCS 5/4-102)

(from Ch. 68, par. 4-102)
2

Sec. 4-102.
Civil Rights Violations: Loans.
It shall be a
3
civil rights violation for any financial institution, on the
4
grounds of unlawful discrimination,
or discrimination on the
5
basis of citizenship, primary language, or immigration status,

6
to:
7

(A) Denial of Services. Deny any person any of the
8
services normally offered by such an institution.
9

(B) Modification of Services. Provide any person with any
10
service which is different from, or provided in a different
11
manner than, that which is provided to other persons similarly
12
situated.
13

(D) Property Location. Deny or vary the terms of a loan on
15
the basis that a specific parcel of real estate offered as
16
security is located in a specific geographical area.
17

(E) Consideration of Income. Deny or vary the terms of a
18
loan without having considered all of the regular and
19
dependable income of each person who would be liable for
20
repayment of the loan.
21

(F) Lending Standards. Utilize lending standards that have
22
no economic basis and which constitute unlawful
23
discrimination
, or discrimination on the basis of citizenship,
24
primary language, or immigration status
.
25
(Source: P.A. 81-1216.)

HB2909
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LRB104 09699 JRC 19765 b
1

(775 ILCS 5/4-103)

(from Ch. 68, par. 4-103)
2

Sec. 4-103.
Credit Cards.
It is a civil rights violation
3
for a person who offers credit cards to the public in this
4
State:
5

(A) Denial. To refuse to issue a credit card, upon
6

proper application, on the basis of unlawful
7

discrimination
, or discrimination on the basis of
8

citizenship, primary language, or immigration status
.
9

(B) Reasons for Rejection. To fail to inform an
10

applicant for a credit card, upon request, of the reason
11

that his or her application for a credit card has been
12

rejected.
13
(Source: P.A. 81-1216
.)

(775 ILCS 5/4-104)

(from Ch. 68, par. 4-104)
15

Sec. 4-104.
Exemptions.

(A)
Nothing contained in this Article shall prohibit:
17

(1)

(A)
Sound Underwriting Practices. A financial
18

institution from considering sound underwriting
19

practices in contemplation of any loan to any person.
20

Such practices shall include:
21

(a)

(1)
The willingness and the financial
22

ability of the borrower to repay the loan.
23

(b)

(2)
The market value of any real estate or
24

other item of property proposed as security for

HB2909
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LRB104 09699 JRC 19765 b
1

any loan.
2

(c)

(3)
Diversification of the financial
3

institution's investment portfolio.
4

(2)

(B)
Credit-worthiness Information; Credit
5

Systems. A financial institution or a person who
6

offers credit cards from:
7

(a)

(1)
making an inquiry of
an

the

applicant's
age, permanent residence, immigration
9

status, or any additional
information if such
10

inquiry is for the purpose of determining the
11

amount and probable continuance of income levels,
12

credit history, or other pertinent element of
13

credit-worthiness as provided in regulations of
14

the Department
, except that a financial
15

institution or a person who offers credit cards
16

may not make an inquiry of an applicant's
17

permanent residence or immigration status for any
18

element of creditworthiness
;
19

(b)

(2)
using any empirically derived credit
20

system which considers age if such system is
21

demonstrably and statistically sound in accordance
22

with regulations of the Department, except that in
23

the operation of such system the age of an
24

applicant over the age of 62 years may not be
25

assigned a negative factor or value.
26

(3)

HB2909
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LRB104 09699 JRC 19765 b
1

institution from refusing to extend credit when
2

required to by or pursuant to any:
3

(a)

(1)
credit assistance program expressly
4

authorized by law for an economically
5

disadvantaged class of persons;
6

(b)

(2)
credit assistance program administered
7

by a nonprofit organization for its members of an
8

economically disadvantaged class of persons;
9

(c)

(3)
special purpose credit program offered
10

by a profit-making organization to meet special
11

social needs which meets standards prescribed by
12

the Department in its regulations.
13

(B) It is not a civil rights violation to verify
14

immigration status or any discrimination based upon
15

verified immigration status if required by federal law.
16

require the provision of services or documents in a
18

language other than English, beyond that which is
19

otherwise required by other provisions of federal, State,
20

or local law.

21
(Source: P.A. 100-201, eff. 8-18-17.)

(775 ILCS 5/5-101)

(from Ch. 68, par. 5-101)
23

Sec. 5-101.
Definitions.
The following definitions are
24
applicable strictly in the context of this Article:
25

(A) "Citizenship" means the status of being:

HB2909
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LRB104 09699 JRC 19765 b
1

(1) a born U.S. citizen;
2

(2) a naturalized U.S. citizen; or
3

(3) a U.S. national.
4

(B) "Discrimination on the basis of citizenship, primary
5
language, or immigration status" includes discrimination
6
against a person because of the person's actual or perceived
7
characteristic or characteristics within the listed categories
8
or that the person is associated with a person who has, or is
9
perceived to have, any particular characteristic or
10
characteristics within the listed categories.
11

(C) "Immigration status" means citizenship of some country
12
other than the United States, including stateless persons, and
13
the specific authority, or lack thereof, to reside in or
14
otherwise to be present in the United States.

(D)

(A)
Place of Public Accommodation. "Place of public
16
accommodation" includes, but is not limited to:
17

(1) an inn, hotel, motel, or other place of lodging,
18

except for an establishment located within a building that
19

contains not more than 5 units for rent or hire and that is
20

actually occupied by the proprietor of such establishment
21

as the residence of such proprietor;
22

(2) a restaurant, bar, or other establishment serving
23

food or drink;
24

(3) a motion picture house, theater, concert hall,
25

stadium, or other place of exhibition or entertainment;
26

(4) an auditorium, convention center, lecture hall, or

HB2909
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LRB104 09699 JRC 19765 b
1

other place of public gathering;
2

(5) a bakery, grocery store, clothing store, hardware
3

store, shopping center, or other sales or rental
4

establishment;
5

(6) a laundromat, dry-cleaner, bank, barber shop,
6

beauty shop, travel service, shoe repair service, funeral
7

parlor, gas station, office of an accountant or lawyer,
8

pharmacy, insurance office, professional office of a
9

health care provider, hospital, or other service
10

establishment;
11

(7) public conveyances on air, water, or land;
12

(8) a terminal, depot, or other station used for
13

specified public transportation;
14

(9) a museum, library, gallery, or other place of
15

public display or collection;
16

(10) a park, zoo, amusement park, or other place of
17

recreation;
18

(11) a non-sectarian nursery, day care center,
19

elementary, secondary, undergraduate, or postgraduate
20

school, or other place of education;
21

(12) a senior citizen center, homeless shelter, food
22

bank, non-sectarian adoption agency, or other social
23

service center establishment; and
24

(13) a gymnasium, health spa, bowling alley, golf
25

course, or other place of exercise or recreation.
26

(E) "Primary language" means a person's preferred language

HB2909
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LRB104 09699 JRC 19765 b
1
for communication.

(F)

(B)
Operator. "Operator" means any owner, lessee,
3
proprietor, manager, superintendent, agent, or occupant of a
4
place of public accommodation or an employee of any such
5
person or persons.
6

(G)

(C)
Public Official. "Public official" means any
7
officer or employee of the state or any agency thereof,
8
including state political subdivisions, municipal
9
corporations, park districts, forest preserve districts,
10
educational institutions, and schools.
11
(Source: P.A. 100-863, eff. 8-14-18.)

(775 ILCS 5/5-102)

(from Ch. 68, par. 5-102)
13

Sec. 5-102.
Civil Rights Violations: Public
14
Accommodations.
It is a civil rights violation for any person
15
on the basis of unlawful discrimination
, or discrimination on
16
the basis of citizenship, primary language, or immigration
17
status
to:
18

(A) Enjoyment of Facilities, Goods, and Services. Deny or
19
refuse to another the full and equal enjoyment of the
20
facilities, goods, and services of any public place of
21
accommodation;
22

(B) Written Communications. Directly or indirectly, as the
23
operator of a place of public accommodation, publish,
24
circulate, display or mail any written communication, except a
25
private communication sent in response to a specific inquiry,

HB2909
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LRB104 09699 JRC 19765 b
1
which the operator knows is to the effect that any of the
2
facilities of the place of public accommodation will be denied
3
to any person or that any person is unwelcome, objectionable
4
or unacceptable because of unlawful discrimination
, or
5
discrimination on the basis of citizenship, primary language,
6
or immigration status
;
7

(C) Public Officials. Deny or refuse to another, as a
8
public official, the full and equal enjoyment of the
9
accommodations, advantage, facilities or privileges of the
10
official's office or services or of any property under the
11
official's care because of unlawful discrimination
, or
12
discrimination on the basis of citizenship, primary language,
13
or immigration status
.
14
(Source: P.A. 95-668, eff. 10-10-07.)

(775 ILCS 5/5-102.1)
16

Sec. 5-102.1.
No Civil Rights Violation: Public
17
Accommodations.
18

(a) It is not a civil rights violation for a medical,
19
dental, or other health care professional or a private
20
professional service provider such as a lawyer, accountant, or
21
insurance agent to refer or refuse to treat or provide
22
services to an individual in a protected class for any
23
non-discriminatory reason if, in the normal course of his or
24
her operations or business, the professional would for the
25
same reason refer or refuse to treat or provide services to an

HB2909
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LRB104 09699 JRC 19765 b
1
individual who is not in the protected class of the individual
2
who seeks or requires the same or similar treatment or
3
services.
4

(b) With respect to a place of public accommodation
5
defined in paragraph (11) of Section 5-101, the exercise of
6
free speech, free expression, free exercise of religion or
7
expression of religiously based views by any individual or
8
group of individuals that is protected under the First
9
Amendment to the United States Constitution or under Section 3
10
of Article I, or Section 4 of Article I, of the Illinois
11
Constitution, shall not be a civil rights violation.
12

(c) It is not a civil rights violation to verify
13
immigration status or any discrimination based upon verified
14
immigration status where required by federal law.
15

(d) Nothing in this Article may be construed to require
16
the provision of services or documents in a language other
17
than English, beyond that which is otherwise required by other
18
provisions of federal, State, or local law.

19
(Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10.)

(775 ILCS 5/8A-104)

(from Ch. 68, par. 8A-104)
21

Sec. 8A-104.
Relief; Penalties.
Upon finding a civil
22
rights violation, a hearing officer may recommend and the
23
Commission or any three-member panel thereof may provide for
24
any relief or penalty identified in this Section, separately
25
or in combination, by entering an order directing the

HB2909
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LRB104 09699 JRC 19765 b
1
respondent to:
2

(A) Cease and Desist Order. Cease and desist from any
3
violation of this Act.
4

(B) Actual Damages. Pay actual damages, as reasonably
5
determined by the Commission, for injury or loss suffered by
6
the complainant.
7

(B-5) Statutory Damages. Pay 3 times the amount of actual
8
damages sustained or $8,000, whichever is the greater, for
9
violations of Article 4 or Article 5.

(C) Hiring; Reinstatement; Promotion; Backpay; Fringe
11
Benefits. Hire, reinstate or upgrade the complainant with or
12
without back pay or provide such fringe benefits as the
13
complainant may have been denied.
14

(D) Restoration of Membership; Admission To Programs.
15
Admit or restore the complainant to labor organization
16
membership, to a guidance program, apprenticeship training
17
program, on the job training program, or other occupational
18
training or retraining program.
19

(E) Public Accommodations. Admit the complainant to a
20
public accommodation.
21

(F) Services. Extend to the complainant the full and equal
22
enjoyment of the goods, services, facilities, privileges,
23
advantages, or accommodations of the respondent.
24

(G) Attorneys Fees; Costs. Pay to the complainant all or a
25
portion of the costs of maintaining the action, including
26
reasonable attorney fees and expert witness fees incurred in

HB2909
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LRB104 09699 JRC 19765 b
1
maintaining this action before the Department, the Commission
2
and in any judicial review and judicial enforcement
3
proceedings. Provided, however, that no award of attorney fees
4
or costs shall be made pursuant to this amendatory Act of 1987
5
with respect to any charge for which the complaint before the
6
Commission was filed prior to December 1, 1987. With respect
7
to all charges for which complaints were filed with the
8
Commission prior to December 1, 1987, attorney fees and costs
9
shall be awarded pursuant to the terms of this subsection as it
10
existed prior to revision by this amendatory Act of 1987.
11

(H) Compliance Report. Report as to the manner of
12
compliance.
13

(I) Posting of Notices. Post notices in a conspicuous
14
place which the Commission may publish or cause to be
15
published setting forth requirements for compliance with this
16
Act or other relevant information which the Commission
17
determines necessary to explain this Act.
18

(J) Make Complainant Whole. Take such action as may be
19
necessary to make the individual complainant whole, including,
20
but not limited to, awards of interest on the complainant's
21
actual damages and backpay from the date of the civil rights
22
violation. Provided, however, that no award of prejudgment
23
interest shall be made pursuant to this amendatory Act of 1987
24
with respect to any charge in which the complaint before the
25
Commission was filed prior to December 1, 1987. With respect
26
to all charges for which complaints were filed with the

HB2909
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LRB104 09699 JRC 19765 b
1
Commission prior to December 1, 1987, make whole relief shall
2
be awarded pursuant to this subsection as it existed prior to
3
revision by this amendatory Act of 1987.
4

There shall be no distinction made under this Section
5
between complaints filed by the Department and those filed by
6
the aggrieved party.
7
(Source: P.A. 86-910.)

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HUMAN RTS-LANGUAGE CITIZENSHIP

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