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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,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be referred to as the
5
Civil Rights Safeguard Act.

6

Section 5.
The Illinois Human Rights Act is amended by
7
changing Sections 1-103, 4-102 and 4-103 and 5-102 and by
8
adding 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
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LRB104 18256 JRC 31695 b
1
unless the context requires otherwise, the term:
2

(A) Age. "Age" means the chronological age of a person who
3
is at least 40 years old, except with regard to any practice
4
described in Section 2-102, insofar as that practice concerns
5
training or apprenticeship programs. In the case of training
6
or apprenticeship programs, for the purposes of Section 2-102,
7
"age" means the chronological age of a person who is 18 but not
8
yet 40 years old.
9

(B) Aggrieved party. "Aggrieved party" means a person who
10
is alleged or proved to have been injured by a civil rights
11
violation or believes he or she will be injured by a civil
12
rights 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
20
Department by an aggrieved party or initiated by the
21
Department under its authority.
22

(D) Civil rights violation. "Civil rights violation"
23
includes and shall be limited to only those specific acts set
24
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
25
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
26
5A-102, 6-101, 6-101.5,
and
6-102
, and 6-103
of this Act.

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LRB104 18256 JRC 31695 b
1

(E) Commission. "Commission" means the Human Rights
2
Commission created by this Act.
3

(F) Complaint. "Complaint" means the formal pleading filed
4
by the Department with the Commission following an
5
investigation and finding of substantial evidence of a civil
6
rights violation.
7

(G) Complainant. "Complainant" means a person including
8
the Department who files a charge of civil rights violation
9
with the Department or the Commission.
10

(G-5) Conviction record. "Conviction record" means
11
information indicating that a person has been convicted of a
12
felony, misdemeanor or other criminal offense, placed on
13
probation, fined, imprisoned, or paroled pursuant to any law
14
enforcement or military authority.
15

(G-10) Criteria or methods. "Criteria or methods" include
16
practices, policies, and groups of practices or policies that
17
may have the effect of subjecting individuals to
18
discrimination prohibited under this Act.

19

(H) Department. "Department" means the Department of Human
20
Rights created by this Act.
21

(I) Disability.
22

(1) "Disability" means a determinable physical or mental
23
characteristic of a person, including, but not limited to, a
24
determinable physical characteristic which necessitates the
25
person's use of a guide, hearing or support dog, the history of
26
such characteristic, or the perception of such characteristic

HB5386
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LRB104 18256 JRC 31695 b
1
by the person complained against, which may result from
2
disease, injury, congenital condition of birth or functional
3
disorder 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
21
discrimination against an individual because of the
22
individual's association with a person with a disability.
23

(J) Marital status. "Marital status" means the legal
24
status of being married, single, separated, divorced, or
25
widowed.
26

(J-1) Military status. "Military status" means a person's

HB5386
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LRB104 18256 JRC 31695 b
1
status on active duty in or status as a veteran of the armed
2
forces of the United States, status as a current member or
3
veteran of any reserve component of the armed forces of the
4
United States, including the United States Army Reserve,
5
United States Marine Corps Reserve, United States Navy
6
Reserve, United States Air Force Reserve, and United States
7
Coast Guard Reserve, or status as a current member or veteran
8
of the Illinois Army National Guard or Illinois Air National
9
Guard.
10

(K) National origin. "National origin" means the place in
11
which a person or one of his or her ancestors was born.
12

(K-5) "Order of protection status" means a person's status
13
as being a person protected under an order of protection
14
issued pursuant to the Illinois Domestic Violence Act of 1986,
15
Article 112A of the Code of Criminal Procedure of 1963, the
16
Stalking No Contact Order Act, or the Civil No Contact Order
17
Act, or an order of protection issued by a court of another
18
state.
19

(L) Person. "Person" includes one or more individuals,
20
partnerships, associations or organizations, labor
21
organizations, labor unions, joint apprenticeship committees,
22
or union labor associations, corporations, the State of
23
Illinois and its instrumentalities, political subdivisions,
24
units of local government, legal representatives, trustees in
25
bankruptcy or receivers.
26

(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,

HB5386
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LRB104 18256 JRC 31695 b
1
or medical or common conditions related to pregnancy or
2
childbirth.
3

(M) Public contract. "Public contract" includes every
4
contract to which the State, any of its political
5
subdivisions, or any municipal corporation is a party.
6

(M-5) Race. "Race" includes traits associated with race,
7
including, but not limited to, hair texture and protective
8
hairstyles such as braids, locks, and twists.
9

(N) Religion. "Religion" includes all aspects of religious
10
observance and practice, as well as belief, except that with
11
respect to employers, for the purposes of Article 2,
12
"religion" has the meaning ascribed to it in paragraph (F) of
13
Section 2-101.
14

(O) Sex. "Sex" means the status of being male or female.
15

(O-1) Sexual orientation. "Sexual orientation" means
16
actual or perceived heterosexuality, homosexuality,
17
bisexuality, or gender-related identity, whether or not
18
traditionally associated with the person's designated sex at
19
birth. "Sexual orientation" does not include a physical or
20
sexual attraction to a minor by an adult.
21

(O-2) Reproductive Health Decisions. "Reproductive Health
22
Decisions" means a person's decisions regarding the person's
23
use of: contraception; fertility or sterilization care;
24
assisted reproductive technologies; miscarriage management
25
care; healthcare related to the continuation or termination of
26
pregnancy; or prenatal, intranatal, or postnatal care.

HB5386
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LRB104 18256 JRC 31695 b
1

(O-5) Source of income. "Source of income" means the
2
lawful manner by which an individual supports himself or
3
herself and his or her dependents.
4

(P) Unfavorable military discharge. "Unfavorable military
5
discharge" includes discharges from the Armed Forces of the
6
United States, their Reserve components, or any National Guard
7
or Naval Militia which are classified as RE-3 or the
8
equivalent thereof, but does not include those characterized
9
as RE-4 or "Dishonorable".
10

(Q) Unlawful discrimination. "Unlawful discrimination"
11
means discrimination against a person
, whether by purpose or
12
effect,
because of his or her actual or perceived: race,
13
color, religion, national origin, ancestry, age, sex, marital
14
status, order of protection status, disability, military
15
status, sexual orientation, pregnancy, reproductive health
16
decisions, or unfavorable discharge from military service as
17
those terms are defined in this Section.
18
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
19
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
20
1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
21
eff. 1-1-25
.)

22

(775 ILCS 5/2-103.5 new)
23

Sec. 2-103.5.
Criteria or methods.
It is a civil rights
24
violation for any employer, employment agency, or labor
25
organization to use criteria or methods in any act as set forth

HB5386
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LRB104 18256 JRC 31695 b
1
in Section 2-102, that has the effect of subjecting
2
individuals to discrimination on the basis of unlawful
3
discrimination, citizenship status, family responsibilities,
4
work authorization status, arrest record, or conviction
5
record. Such criteria or methods are unlawful under this
6
subsection if they are not necessary to achieve a substantial,
7
legitimate, nondiscriminatory interest; or if the substantial,
8
legitimate, nondiscriminatory interest could be served by
9
another 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

12
a civil rights violation for any financial institution, on the
13
basis

grounds
of unlawful discrimination, to:
14

(A) Denial of Services. Deny any person any of the
15
services normally offered by such an institution.
16

(B) Modification of Services. Provide any person with any
17
service which is different from, or provided in a different
18
manner than, that which is provided to other persons similarly
19
situated.
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
22
the basis that a specific parcel of real estate offered as
23
security is located in a specific geographical area.
24

(E) Consideration of Income. Deny or vary the terms of a
25
loan without having considered all of the regular and

HB5386
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LRB104 18256 JRC 31695 b
1
dependable income of each person who would be liable for
2
repayment of the loan.
3

(F) Lending Standards. Utilize lending standards that have
4
no economic basis and which constitute unlawful
5
discrimination.
6

(G) Criteria or methods. Use criteria or methods that have
7
the effect of subjecting individuals to unlawful
8
discrimination under this Section. Such criteria or methods
9
are unlawful under this subsection if they are not necessary
10
to achieve a substantial, legitimate, nondiscriminatory
11
interest; or if the substantial, legitimate, nondiscriminatory
12
interest could be served by another practice that has a less
13
discriminatory 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
17
for a person who offers credit cards to the public in this
18
State:
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
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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
12
Accommodations.
It is a civil rights violation for any person
13
on the basis of unlawful discrimination to:
14

(A) Enjoyment of Facilities, Goods, and Services. Deny or
15
refuse to another the full and equal enjoyment of the
16
facilities, goods, and services of any public place of
17
accommodation;
18

(B) Written Communications. Directly or indirectly, as the
19
operator of a place of public accommodation, publish,
20
circulate, display or mail any written communication, except a
21
private communication sent in response to a specific inquiry,
22
which the operator knows is to the effect that any of the
23
facilities of the place of public accommodation will be denied
24
to any person or that any person is unwelcome, objectionable
25
or unacceptable because of unlawful discrimination;

HB5386
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LRB104 18256 JRC 31695 b
1

(C) Public Officials. Deny or refuse to another, as a
2
public official, the full and equal enjoyment of the
3
accommodations, advantage, facilities or privileges of the
4
official's office or services or of any property under the
5
official's care because of unlawful discrimination.
6

(D) Criteria or methods. Use criteria or methods that have
7
the effect of subjecting individuals to unlawful
8
discrimination under this Section. Such criteria or methods
9
are unlawful under this subsection if they are not necessary
10
to achieve a substantial, legitimate, nondiscriminatory
11
interest; or if the substantial, legitimate, nondiscriminatory
12
interest could be served by another practice that has a less
13
discriminatory 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
17
5.
It is a civil rights violation for any person or entity
18
subject to Articles 2, 4, or 5 to use criteria or methods that
19
have the effect of subjecting individuals to unlawful
20
discrimination prohibited under Articles 2, 4, or 5. Such
21
criteria or methods are unlawful if they are not necessary to
22
achieve a substantial, legitimate, nondiscriminatory interest;
23
or if the substantial, legitimate, nondiscriminatory interest
24
could be served by another practice that has a less
25
discriminatory effect.

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