CIVIL RIGHTS-DISABILITY

Illinois General Assembly - Full Text of HB4967

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HB4967 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4967

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

740 ILCS 23/5

Amends the Illinois Civil Rights Act of 2003. Prohibits an otherwise
qualified individual with a disability, as defined by the Environmental
Barriers Act, from being excluded from participation in, be denied the
benefits of, or be subjected to discrimination solely by reason of the
individual's disability under any of the following: (i) any program or
activity operating inside Illinois and receiving federal financial
assistance; (ii) any program or activity receiving federal financial
assistance that passes through or is administered by State, county, or
local government; (iii) any activity regulated by the State that receives
federal financial assistance; or (iv) any program or activity receiving
State, county, or local government financial assistance. Provides that a
State agency that has an existing mechanism for enforcing federal Section
504 rights under the federal Rehabilitation Act may also enforce
provisions of the Act. Authorizes the Attorney General to commence a civil
action to enforce the provisions of this Act in any appropriate circuit
court if the Attorney General has reasonable cause to believe that any
person or group of persons is engaged in a pattern of discrimination
prohibited by this Act. Provides that disability discrimination under the
Act includes violations of the substantive rights provided in the federal
regulations adopted under the federal Rehabilitation Act. Provides that
these rights constitute a minimum set of rights that may not be reduced.
Requires the Secretary of State to maintain a copy of the regulations in a
manner that is easily available to the public such as on a website in a
searchable format. Makes the Act severable.
LRB104 17289 JRC 30711 b

A BILL FOR

HB4967
LRB104 17289 JRC 30711 b
1

AN ACT concerning civil law.

2

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

4

Section 5.
The Illinois Civil Rights Act of 2003 is
5
amended by changing Section 5 as follows:

6

(740 ILCS 23/5)
7

Sec. 5.
Discrimination prohibited
and enforcement
.
8

(a) No unit of State, county, or local government in
9
Illinois shall:
10

(1) exclude a person from participation in, deny a
11

person the benefits of, or subject a person to
12

discrimination under any program or activity on the
13

grounds of that person's race, color, national origin,
or

14

gender
, or disability
; or
15

(2) utilize criteria or methods of administration that
16

have the effect of subjecting individuals to
17

discrimination because of their race, color, national
18

origin,
or
gender
, or disability
.
19

(a-5) An individual with a disability as defined by the
20
Environmental Barriers Act may not be excluded from
21
participation in, be denied the benefits of, or be subjected
22
to discrimination solely by reason of the individual's
23
disability, under any of the following:

HB4967
- 2 -
LRB104 17289 JRC 30711 b
1

(1) any program or activity operating inside Illinois
2

and receiving federal financial assistance;
3

(2) any program or activity receiving federal
4

financial assistance that passes through or is
5

administered by State, county, or local government;
6

(3) any activity regulated by the State that receives
7

federal financial assistance; or
8

(4) any program or activity receiving State, county,
9

or local government financial assistance.

10

(b)
(1)
Any party aggrieved by conduct that violates
11
subsection (a)
or (a-5)
may bring a civil lawsuit, in a federal
12
district court or State circuit court, against the offending
13
unit of government. Any State claim brought in federal
14
district court shall be a supplemental claim to a federal
15
claim. This lawsuit must be brought not later than 2 years
16
after the violation of subsection (a)
or (a-5)
. If the court
17
finds that a violation of paragraph (1) or (2) of subsection
18
(a)
or (a-5)
has occurred, the court may award to the plaintiff
19
actual damages. The court, as it deems appropriate, may grant
20
as relief any permanent or preliminary negative or mandatory
21
injunction, temporary restraining order, or other order.
22

(2) Any State agency that has an existing mechanism for
23
enforcing federal Section 504 rights under the federal
24
Rehabilitation Act may also enforce paragraph (a-5) of this
25
Act. Administrative enforcement options do not preempt court
26
enforcement under paragraph (b)(1) unless and until such

HB4967
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LRB104 17289 JRC 30711 b
1
administrative process results in a decision or ruling.
2

(3) The Attorney General is authorized to commence a civil
3
action to enforce the provisions of this Act in any
4
appropriate circuit court if the Attorney General has
5
reasonable cause to believe that any person or group of
6
persons is engaged in a pattern of discrimination prohibited
7
by this Act.
8

(4) Any State agency that is administratively enforcing
9
rights under this Section may adopt rules to implement that
10
enforcement.

11

(c) Upon motion, a court shall award reasonable attorneys'
12
fees and costs, including expert witness fees and other
13
litigation expenses, to a plaintiff who is a prevailing party
14
in any action brought:
15

(1) pursuant to subsection (b); or
16

(2) to enforce a right arising under the Illinois
17

Constitution.
18

In awarding reasonable attorneys' fees, the court shall
19
consider the degree to which the relief obtained relates to
20
the relief sought.
21

(d) For the purpose of this Act, the term "prevailing
22
party" includes any party:
23

(1) who obtains some of his or her requested relief
24

through a judicial judgment in his or her favor;
25

(2) who obtains some of his or her requested relief
26

through any settlement agreement approved by the court; or

HB4967
- 4 -
LRB104 17289 JRC 30711 b
1

(3) whose pursuit of a non-frivolous claim was a
2

catalyst for a unilateral change in position by the
3

opposing party relative to the relief sought.
4

(e) Disability discrimination under this Act includes a
5
violation of the substantive rights provided by the federal
6
regulations adopted under Section 504 of the federal
7
Rehabilitation Act, 29 U.S.C. 794, as those regulations were
8
codified on January 19, 2025 in:
9

(1) 45 CFR Part 84 (health care, education, and human
10

services);
11

(2) 49 CFR Part 27 (transportation);
12

(3) 34 CFR Part 104 (education);
13

(4) 29 CFR Part 32 (labor); and
14

(5) 24 CFR Part 8 (housing).
15

These regulatory rights constitute a minimum set of rights
16
that may not be reduced. Regulations further defining
17
violations of this Act shall be set out so that any provisions
18
unique to Illinois are clearly identified.
19

(f) The Secretary of State shall maintain a copy of the
20
regulations identified in subsection (e) in a manner that is
21
easily available to the public, such as on a website in a
22
searchable format to reduce the burden of compliance.

23
(Source: P.A. 95-541, eff. 1-1-08.)

24

Section 97.
Severability.
The provisions of this Act are
25
severable under Section 1.31 of the Statute on Statutes.

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