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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5404

Introduced 2/13/2026, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

775 ILCS 5/5A-103

Amends the Illinois Human Rights Act. Includes sex, sexual
orientation, and gender identity as matters in which discrimination is
prohibited under the Educational Article.
LRB104 19711 JRC 33161 b

A BILL FOR

HB5404
LRB104 19711 JRC 33161 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 Human Rights Act is amended by
5
changing Section 5A-103 as follows:

6

(775 ILCS 5/5A-103)
7

Sec. 5A-103.
Discrimination and harassment based on race,
8
color,
sex, sexual orientation, gender identity,
or national
9
origin; and retaliation.
10

(a) The General Assembly finds that harassment and
11
discrimination based on race, color,
sex, sexual orientation,
12
gender identity,
or national origin has a detrimental
13
influence in schools, contributing to psychological and
14
physical harm and poorer academic outcomes for students of
15
color, and higher rates of teacher turnover among teachers of
16
color. It is the General Assembly's intent that each
17
institution of elementary and secondary education in the State
18
adopt and actively implement policies to reduce and respond
19
effectively to harassment and discrimination based on race,
20
color,
sex, sexual orientation, gender identity,
and national
21
origin; to provide students, parents or guardians, and
22
employees information on how to recognize and report
23
harassment and discrimination; and, for students, parents or

HB5404
- 2 -
LRB104 19711 JRC 33161 b
1
guardians, and employees, to report harassment and
2
discrimination based on race, color,
sex, sexual orientation,
3
gender identity,
or national origin without fear of
4
retaliation, loss of status, or loss of opportunities.
5

(b) The Department shall produce a model training program
6
aimed at the prevention of discrimination and harassment based
7
on race, color,
sex, sexual orientation, gender identity,
and
8
national origin in institutions of elementary and secondary
9
education. The model program shall be made available to
10
institutions of elementary and secondary education and to the
11
public online at no cost. This model program shall regard
12
participants as potential bystanders, rather than potential
13
offenders, and include, at a minimum, the following:
14

(1) a primary focus on preventing discrimination and
15

harassment based on race, color,
sex, sexual orientation,
16

gender identity,
and national origin and retaliation;
17

(2) an explanation of discrimination and harassment
18

based on race, color,
sex, sexual orientation, gender
19

identity,
and national origin and retaliation;
20

(3) examples of conduct that constitutes
21

discrimination and harassment based on race, color,
sex,
22

sexual orientation, gender identity,
and national origin
23

and retaliation;
24

(4) an explanation, with examples, of how patterns of
25

conduct can, taken together over time, rise to the level
26

of bullying, harassment, or discrimination;

HB5404
- 3 -
LRB104 19711 JRC 33161 b
1

(5) an explanation of the difference between
2

discrimination based on disparate treatment and
3

discrimination based on disparate impact;
4

(6) a summary of other classes that are protected from
5

harassment and discrimination, and a statement that
6

training intended to improve recognition of discrimination
7

and harassment based on race, color,
sex, sexual
8

orientation, gender identity,
and national origin does not
9

diminish protections under the law for other protected
10

classes;
11

(7) an explanation of the difference between
12

harassment as defined under this Act and bullying;
13

(8) a summary of relevant federal and State statutory
14

protections and remedies available to victims concerning
15

discrimination and harassment based on race, color,
sex,
16

sexual orientation, gender identity,
and national origin,
17

and retaliation, including, but not limited to, a summary
18

of this Act's protections from discrimination, harassment
19

and retaliation in the following contexts:
20

(a) students toward other students;
21

(b) teachers and other employees of an elementary
22

or secondary school toward students;
23

(c) students toward teachers and other employees
24

of an elementary or secondary school; and
25

(d) teachers and other employees of an elementary
26

or secondary school toward other teachers and

HB5404
- 4 -
LRB104 19711 JRC 33161 b
1

employees of an elementary or secondary school.
2

(9) directions on how to contact the Department if a
3

school fails to take corrective action to stop the
4

harassment or discrimination;
5

(10) a summary of responsibilities of institutions of
6

elementary or secondary education in the prevention,
7

investigation, and corrective measures of discrimination,
8

harassment, and retaliation, including, but not limited
9

to, explanation of responsibilities in the following
10

contexts:
11

(a) students toward other students;
12

(b) teachers and other employees of an elementary
13

or secondary school toward students;
14

(c) students toward teachers and other employees
15

of an elementary or secondary school; and
16

(d) teachers and other employees of an elementary
17

or secondary school toward other teachers and
18

employees of an elementary or secondary school; and
19

(11) an explanation of the liability for
20

discrimination, harassment, and retaliation under this
21

Act.
22

(c) Every institution of elementary or secondary education
23
in this State shall use the model training program developed
24
by the Department, establish its own training program that
25
equals or exceeds the minimum standards set forth in
26
subsection (b), or use an existing discrimination and

HB5404
- 5 -
LRB104 19711 JRC 33161 b
1
harassment prevention training program that equals or exceeds
2
the minimum standards set forth in subsection (b). The
3
training program shall be provided as a component of all new
4
employee training programs for elementary and secondary
5
education representatives and to existing representatives at
6
least once every 2 years. For the purposes of satisfying the
7
requirements under this Section, the Department's model
8
program may be used to supplement any existing program an
9
institution of elementary or secondary education is utilizing
10
or develops.
11

(d) Upon notification of a violation of subsection (c),
12
the Department may launch a preliminary investigation. If the
13
Department finds a violation of this Section, the Department
14
may issue a notice to show cause, giving the institution of
15
elementary or secondary education 30 days to correct the
16
violation. If the institution of elementary or secondary
17
education does not correct the violation within 30 days, the
18
Department may initiate a charge of a civil rights violation.
19
(Source: P.A. 103-472, eff. 8-1-24
.)

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