HB 5371

Abstract

Amends the Illinois Human Rights Act. Provides that an employer is responsible for harassment and sexual harassment of its employees by the employer's nonmanagerial and nonsupervisory employees, nonemployees, and third parties only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. Changes the definition of "real estate transaction" to include any act that otherwise makes available such a transaction or alters a person's right to real property. Makes it a civil rights violation in a real estate transaction to: make unavailable or deny real property to discriminate in making available such a transaction; or use criteria or methods that have the effect of subjecting individuals to unlawful discrimination or discrimination based on familial status, immigration status, source of income, or an arrest record in a real estate transaction. Provides that an aggrieved party may take action to collect on a judicial order issued by the Circuit Court in an action initiated by the State, regardless of whether or not the aggrieved party intervened in an enforcement action of a Human Rights Commission order. Provides that, in imposing a penalty based on a real estate transaction violation, the Commission may order a respondent to pay a civil penalty per violation to vindicate the public interest, and in imposing a civil penalty to vindicate the public interest, a separate penalty may be imposed for each specific act constituting a civil rights violation and for each aggrieved party injured by the civil rights violation. Deletes language authorizing each commissioner of the Human Rights Commission to hire a staff attorney. Repeals language regarding the collection of information concerning employment discrimination in relation to persons affected by the federal Immigration Reform and Control Act of 1986. Makes other changes. House Committee Amendment No. 1 Makes several stylistic changes. House Floor Amendment No. 3 Adds reference to: 5 ILCS 140/7.5 775 ILCS 5/7-101 from Ch. 68, par. 7-101 Amends the Freedom of Information Act to prohibit disclosure for information received by hotlines and helplines maintained by the Department of Human Rights. Amends the Illinois Human Rights Act to provide that the Department's powers and duties include establishing and maintaining hotlines and helplines to aid in effectuating the purposes of the Act including the confidential reporting of discrimination, harassment, and bias incidents. Provides that it is a civil rights violation under the Act to unlawfully refuse to engage in a real estate transaction or deny real property or to discriminate in making available such a transaction. Senate Committee Amendment No. 1 Deletes reference to: 775 ILCS 5/2-102 Deletes proposed amendments to a provision in the Illinois Human Rights Act concerning employment-related civil rights violations. Provides that the bill takes effect upon becoming law, except for changes to the Illinois Human Rights Act, other than provisions concerning the establishment of helplines by the Department of Human Rights, and the repeal of a provision concerning the Department's collection of immigration information, which take effect January 1, 2025. Senate Floor Amendment No. 2 Provides that for provisions affecting criteria or methods that have the effect of subjecting individuals to unlawful discrimination, such criteria or methods are unlawful under the Act if they are not necessary to achieve a substantial, legitimate, non-discriminatory interest; or if the substantial, legitimate, non-discriminatory interest could be served by another practice that has a less discriminatory effect.