HUM RTS-RELIEF & PENALTIES

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SB3005 - 104th General Assembly

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Introduced

Senate Amendment 001

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Introduced

Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3005

Introduced 1/27/2026, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

775 ILCS 5/8A-104

from Ch. 68, par. 8A-104

Amends the Illinois Human Rights Act. Provides that a plaintiff may be
awarded all forms of relief available in tort actions, including but not be
limited to, emotional distress, pain and suffering, and loss of a normal
life. Provides that a plaintiff may also be awarded punitive damages.
LRB104 18884 JRC 32329 b

A BILL FOR

SB3005
LRB104 18884 JRC 32329 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 8A-104 as follows:

6

(775 ILCS 5/8A-104)

(from Ch. 68, par. 8A-104)
7

Sec. 8A-104.
Relief; Penalties.
Upon finding a civil
8
rights violation, a hearing officer may recommend and the
9
Commission or any three-member panel thereof may provide for
10
any relief or penalty identified in this Section, separately
11
or in combination, by entering an order directing the
12
respondent to:
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(A) Cease and Desist Order. Cease and desist from any
14

violation of this Act.
15

(B) Actual Damages. Pay actual damages, as reasonably
16

determined by the Commission, for injury or loss suffered
17

by the complainant.
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(C) Hiring; Reinstatement; Promotion; Backpay; Fringe
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Benefits. Hire, reinstate or upgrade the complainant with
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or without back pay or provide such fringe benefits as the
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complainant may have been denied.
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(D) Restoration of Membership; Admission To Programs.
23

Admit or restore the complainant to labor organization

SB3005
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LRB104 18884 JRC 32329 b
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membership, to a guidance program, apprenticeship training
2

program, on the job training program, or other
3

occupational training or retraining program.
4

(E) Public Accommodations. Admit the complainant to a
5

public accommodation.
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(F) Services. Extend to the complainant the full and
7

equal enjoyment of the goods, services, facilities,
8

privileges, advantages, or accommodations of the
9

respondent.
10

(G) Attorneys Fees; Costs. Pay to the complainant all
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or a portion of the costs of maintaining the action,
12

including reasonable attorney fees and expert witness fees
13

incurred in maintaining this action before the Department,
14

the Commission and in any judicial review and judicial
15

enforcement proceedings. Provided, however, that no award
16

of attorney fees or costs shall be made pursuant to this
17

amendatory Act of 1987 with respect to any charge for
18

which the complaint before the Commission was filed prior
19

to December 1, 1987. With respect to all charges for which
20

complaints were filed with the Commission prior to
21

December 1, 1987, attorney fees and costs shall be awarded
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pursuant to the terms of this subsection as it existed
23

prior to revision by this amendatory Act of 1987.
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(H) Compliance Report. Report as to the manner of
25

compliance.
26

(I) Posting of Notices. Post notices in a conspicuous

SB3005
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LRB104 18884 JRC 32329 b
1

place which the Commission may publish or cause to be
2

published setting forth requirements for compliance with
3

this Act or other relevant information which the
4

Commission determines necessary to explain this Act.
5

(J) Make Complainant Whole. Take such action as may be
6

necessary to
compensate and
make the individual
7

complainant whole
. This may include, but not be limited
8

to, awards of interest on the complainant's actual damages
9

and back pay from the date of the civil rights violation;
10

and all forms of relief available in tort actions,
11

including, but not be limited to, emotional distress, pain
12

and suffering, and loss of a normal life

, including, but
13

not limited to, awards of interest on the complainant's
14

actual damages and backpay from the date of the civil
15

rights violation
. Provided, however, that no award of
16

prejudgment interest shall be made pursuant to this
17

amendatory Act of 1987 with respect to any charge in which
18

the complaint before the Commission was filed prior to
19

December 1, 1987. With respect to all charges for which
20

complaints were filed with the Commission prior to
21

December 1, 1987, make whole relief shall be awarded
22

pursuant to this subsection as it existed prior to
23

revision by this amendatory Act of 1987.
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(K) Civil Penalty. Pay a civil penalty per violation
25

to vindicate the public interest. In imposing a civil
26

penalty to vindicate the public interest, a separate

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LRB104 18884 JRC 32329 b
1

penalty may be imposed for each specific act constituting
2

a civil rights violation as defined in Section 1-103, and
3

for each aggrieved party injured by the civil rights
4

violation:
5

(1) in an amount not exceeding $16,000 if the
6

respondent has not been adjudged to have committed any
7

prior civil rights violation under this Act;
8

(2) in an amount not exceeding $42,500 if the
9

respondent has been adjudged to have committed one
10

other civil rights violation under this Act during the
11

5-year period ending on the date of the filing of this
12

charge; and
13

(3) in an amount not exceeding $70,000 if the
14

respondent has been adjudged to have committed 2 or
15

more civil rights violations under this Act during the
16

7-year period ending on the date of the filing of this
17

charge; except that if the acts constituting the civil
18

rights violation that is the object of the charge are
19

committed by the same natural person who has been
20

previously adjudged to have committed acts
21

constituting a civil rights violation under this Act,
22

then the civil penalties set forth in subparagraphs
23

(2) and (3) may be imposed without regard to the period
24

of time within which any subsequent civil rights
25

violation under this Act occurred.
26

(L) Punitive damages. Pay punitive damages to the

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LRB104 18884 JRC 32329 b
1

complainant.

2

There shall be no distinction made under this Section
3
between complaints filed by the Department and those filed by
4
the aggrieved party.
5
(Source: P.A. 104-425, eff. 1-1-26
.)

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