The Illinois Human Rights Act is a comprehensive state law that prohibits discrimination in several areas based on certain protected classes including:

  • Race
  • Color
  • Religion
  • National Origin
  • Ancestry
  • Age (40 and over)
  • Sex (including sexual harassment)
  • Marital Status
  • Order of Protection Status
  • Disability (both physical and mental)
  • Military Status
  • Sexual Orientation (including gender-related identity)
  • Pregnancy
  • Familial Status (in the context of housing)
  • Unfavorable Discharge from Military Service (in employment)
  • Citizenship Status (in employment, for individuals who are legally authorized to work in the United States)
  • Arrest Record (in employment, unless an arrest has led to a conviction)
  • Victim of Domestic Violence, Sexual Violence, or Gender Violence (in employment and housing)
  • Genetic Information (in employment)

These protections are designed to ensure equal treatment and opportunities in areas such as employment, housing, financial credit, public accommodations, and education, and they reflect a broad commitment to combating discrimination in various forms.

 

What are the legal changes coming in 2024?

A new section (775 ILCS 5/3-101, 102, 102.1, 103, 104.1 and 106) has been added to the Illinois Human Rights Act. This statutory amendment is effective January 1, 2024.

This legislative update amends the Illinois Human Rights Act to add immigration status to its list of protected classes, consequently prohibiting discrimination in any housing-related dealings based on an individual’s real or assumed citizenship or immigration status.

As a result, during tenant screening processes, Illinois landlords and rental property managers should avoid requesting immigration documents if other forms of identification are available to verify identity and conduct background/credit checks.

Consequences of noncompliance of this amendment include Civil Rights and Fair Housing violations via discrimination complaints.

 

Legal Resource

Questions about these legislative changes, evictions, security deposits, leases, tenant screening, and other landlord legal issues? Our experienced landlord/tenant attorneys are here to help.

Call KSN toll-free at 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

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