Illinois Compiled Statutes

740 ILCS 23/5 (2026)

Discrimination prohibited

✓ current as of May 2026
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(740 ILCS 23/5)
    Sec. 5. Discrimination prohibited.
    (a) No unit of State, county, or local government in Illinois shall:
        (1) exclude a person from participation in, deny a
    
person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, national origin, or gender; or
        (2) utilize criteria or methods of administration
    
that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.
    (b) Any party aggrieved by conduct that violates subsection (a) may bring a civil lawsuit, in a federal district court or State circuit court, against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal claim. This lawsuit must be brought not later than 2 years after the violation of subsection (a). If the court finds that a violation of paragraph (1) or (2) of subsection (a) has occurred, the court may award to the plaintiff actual damages. The court, as it deems appropriate, may grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.
    (c) Upon motion, a court shall award reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought:
        (1) pursuant to subsection (b); or
        (2) to enforce a right arising under the Illinois
    
Constitution.
    In awarding reasonable attorneys' fees, the court shall consider the degree to which the relief obtained relates to the relief sought.
    (d) For the purpose of this Act, the term "prevailing party" includes any party:
        (1) who obtains some of his or her requested relief
    
through a judicial judgment in his or her favor;
        (2) who obtains some of his or her requested relief
    
through any settlement agreement approved by the court; or
        (3) whose pursuit of a non-frivolous claim was a
    
catalyst for a unilateral change in position by the opposing party relative to the relief sought.
(Source: P.A. 95-541, eff. 1-1-08.)

Notes of Decisions
Cited in 70 cases (34 in the last 5 years), 2005–2026 · leading case: Illinois Native Am. Bar Ass'n v. Univ. of Illinois, 856 N.E.2d 460 (Ill. App. Ct. 2006).
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Illinois Native Am. Bar Ass'n v. Univ. of Illinois, 856 N.E.2d 460 (Ill. App. Ct. 2006). · cites it 17× “Specifically, the plaintiffs assert that the University's use of Chief Illiniwek (Chief) as a sports mascot violates section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2004)). Section 5(b) of the Civil Rights Act provides a private right of action in favor of any person…”
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). · cites it 6× “740 ILCS 23/5(a)(1) (West 2008). It also prohibits the utilization of criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
Weiler v. Vill. of Oak Lawn, 86 F. Supp. 3d 874 (N.D. Ill. 2015). · cites it 3× “He claims that the Village violated the Illinois Civil Rights Act, 740 ILCS 23/5 (count 9), and the Illinois Human Rights Act, 775 ILCS 5/6-101(A) (count 11), by terminating him because he opposed race discrimination.”
Sdahrie Howard v. Cook Cnty. Sheriff's Off., 989 F.3d 587 (7th Cir. 2021). “§ 1983 for gender discrimination in violation of the Fourteenth Amendment’s Equal Protection Clause; gender‐discrimination claims under the Illinois Civil Rights Act, 740 ILCS 23/5; and claims for indemnification against Cook County.”
Thomann v. The Dep't of State Police, 2016 IL App (4th) 150936 (Ill. App. Ct. 2016). · cites it 6× “¶ 27 Section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2014))—the only section of the Civil Rights Act—is titled “Discrimination prohibited” and provides: “(a) No unit of State, county, or local government in Illinois shall: (1) exclude a person from participation in, deny…”
Thomann v. Dep't of State Police, 2016 IL App (4th) 150936 (Ill. App. Ct. 2017). · cites it 7× “¶ 27 Section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2014))—the only section of the Civil Rights Act—is titled “Discrimination prohibited” and provides: “(a) No unit of State, county, or local government in Illinois shall: (1) exclude a person from participation in, deny…”
Cent. Austin Neighborhood Ass'n v. City of Chicago, 2013 IL App (1st) 123041 (Ill. App. Ct. 2014). · cites it 4× “” 740 ILCS 23/5 (West 2012). ¶ 10 Plaintiffs have alleged that the City, a unit of local government, uses a method of administering responses to 911 calls that has the effect of subjecting the residents of police districts populated mostly by African-Americans and Hispanics to…”
Christian Assembly Rios De Agua Viva v. City of Burbank, 948 N.E.2d 251 (Ill. App. Ct. 2011). · cites it 3× “Lastly, we address plaintiff’s argument that it is entitled to use the property as a church because the city’s new zoning ordinance, enacted on December 15, 2010, violates the congregations’ rights under section 5(a)(2) of the Illinois Civil Rights Act of 2003 (740 ILCS 23/5…”
Johnson v. Mun. Employees', Officers', & Officials' Annuity & Benefit Fund of Chicago, 2018 IL App (1st) 170732 (Ill. App. Ct. 2019). · cites it 5× “740 ILCS 23/5(a) (West 2016). Subsection (b) empowers an aggrieved party to bring a civil lawsuit in federal district or state circuit court “against the offending unit of government.”
Larson v. Wexford Health Sources, 2012 IL App (1st) 112065 (Ill. App. Ct. 2012). · cites it 3× “¶ 23 Plaintiff urges us to consider similar fee-shifting provisions in the Illinois Freedom of Information Act (FOIA) (5 ILCS 140/11(i) (West 2008)) and the Illinois Civil Rights Act of 2003 (Illinois Civil Rights Act) (740 ILCS 23/5(c) (West 2010)). He asserts that courts have…”
Leslie v. Bd. of Educ. for Ill. Sch. Dist., 379 F. Supp. 2d 952 (N.D. Ill. 2005). · cites it 2× “panic LEP, and non-Hispanic LEP students in the District are currently enduring discriminatory burdens and diminished educational benefits not suffered in the same proportion by white students, in violation of the Fourteenth Amendment to the Constitution (Count II), the Equal…”
Grassroots Collaborative v. City of Chicago, 2020 IL App (1st) 192099 (Ill. App. Ct. 2020). “¶ 15 Ultimately, plaintiffs alleged that the City’s discriminatory administration of the TIF program violated the Illinois Civil Rights Act of 2003 (740 ILCS 23/5(a)(1), (2) (West 2018) (count I)); and the TIF Act (65 ILCS 5/11-74.”
Show all 70 citing cases →
— 740 ILCS 23/5(a) — 14 cases
Illinois Native Am. Bar Ass'n v. Univ. of Illinois, 856 N.E.2d 460 (Ill. App. Ct. 2006). “Specifically, the plaintiffs assert that the University's use of Chief Illiniwek (Chief) as a sports mascot violates section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2004)). Section 5(b) of the Civil Rights Act provides a private right of action in favor of any person…”
Weiler v. Vill. of Oak Lawn, 86 F. Supp. 3d 874 (N.D. Ill. 2015). “He claims that the Village violated the Illinois Civil Rights Act, 740 ILCS 23/5 (count 9), and the Illinois Human Rights Act, 775 ILCS 5/6-101(A) (count 11), by terminating him because he opposed race discrimination.”
Johnson v. Mun. Employees', Officers', & Officials' Annuity & Benefit Fund of Chicago, 2018 IL App (1st) 170732 (Ill. App. Ct. 2019). “740 ILCS 23/5(a) (West 2016). Subsection (b) empowers an aggrieved party to bring a civil lawsuit in federal district or state circuit court “against the offending unit of government.”
Cent. Austin Neighborhood Ass'n v. City of Chicago, 2013 IL App (1st) 123041 (Ill. App. Ct. 2014). “” 740 ILCS 23/5 (West 2012). ¶ 10 Plaintiffs have alleged that the City, a unit of local government, uses a method of administering responses to 911 calls that has the effect of subjecting the residents of police districts populated mostly by African-Americans and Hispanics to…”
MEABF Participants v. Mun. Employees' Annuity & Benefit Fund of Chicago, 2018 IL App (1st) 170732 (Ill. App. Ct. 2018).
— 740 ILCS 23/5(a)(1) — 16 cases
Illinois Native Am. Bar Ass'n v. Univ. of Illinois, 856 N.E.2d 460 (Ill. App. Ct. 2006). “Specifically, the plaintiffs assert that the University's use of Chief Illiniwek (Chief) as a sports mascot violates section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2004)). Section 5(b) of the Civil Rights Act provides a private right of action in favor of any person…”
Leslie v. Bd. of Educ. for Ill. Sch. Dist., 379 F. Supp. 2d 952 (N.D. Ill. 2005). “panic LEP, and non-Hispanic LEP students in the District are currently enduring discriminatory burdens and diminished educational benefits not suffered in the same proportion by white students, in violation of the Fourteenth Amendment to the Constitution (Count II), the Equal…”
Grassroots Collaborative v. City of Chicago, 2020 IL App (1st) 192099 (Ill. App. Ct. 2020). “¶ 15 Ultimately, plaintiffs alleged that the City’s discriminatory administration of the TIF program violated the Illinois Civil Rights Act of 2003 (740 ILCS 23/5(a)(1), (2) (West 2018) (count I)); and the TIF Act (65 ILCS 5/11-74.”
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). “740 ILCS 23/5(a)(1) (West 2008). It also prohibits the utilization of criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
Thorncreek Apts. III, LLC v. Vill. of Park Forest, 970 F. Supp. 2d 828 (N.D. Ill. 2013).
— 740 ILCS 23/5(a)(2) — 10 cases
Christian Assembly Rios De Agua Viva v. City of Burbank, 948 N.E.2d 251 (Ill. App. Ct. 2011). “Lastly, we address plaintiff’s argument that it is entitled to use the property as a church because the city’s new zoning ordinance, enacted on December 15, 2010, violates the congregations’ rights under section 5(a)(2) of the Illinois Civil Rights Act of 2003 (740 ILCS 23/5…”
McFadden ex rel. McFadden v. Bd. of Educ., 984 F. Supp. 2d 882 (N.D. Ill. 2013).
Baruxen v. Hacker, 2025 IL App (5th) 240701 (Ill. App. Ct. 2025).
Christian Assembly Rios De Agua Viva v. City of Burbank, Illinois (Ill. App. Ct. 2011).
Pedrote-Salinas v. Johnson (N.D. Ill. 2018).
— 740 ILCS 23/5(a)(l) — 2 cases
Illinois Native Am. Bar Ass'n v. Univ. of Illinois, 856 N.E.2d 460 (Ill. App. Ct. 2006). “Specifically, the plaintiffs assert that the University's use of Chief Illiniwek (Chief) as a sports mascot violates section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2004)). Section 5(b) of the Civil Rights Act provides a private right of action in favor of any person…”
Leslie v. Bd. of Educ., 379 F. Supp. 2d 952 (N.D. Ill. 2005).
— 740 ILCS 23/5(b) — 17 cases
Illinois Native Am. Bar Ass'n v. Univ. of Illinois, 856 N.E.2d 460 (Ill. App. Ct. 2006). “Specifically, the plaintiffs assert that the University's use of Chief Illiniwek (Chief) as a sports mascot violates section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2004)). Section 5(b) of the Civil Rights Act provides a private right of action in favor of any person…”
Weiler v. Vill. of Oak Lawn, 86 F. Supp. 3d 874 (N.D. Ill. 2015). “He claims that the Village violated the Illinois Civil Rights Act, 740 ILCS 23/5 (count 9), and the Illinois Human Rights Act, 775 ILCS 5/6-101(A) (count 11), by terminating him because he opposed race discrimination.”
Cent. Austin Neighborhood Ass'n v. City of Chicago, 2013 IL App (1st) 123041 (Ill. App. Ct. 2014). “” 740 ILCS 23/5 (West 2012). ¶ 10 Plaintiffs have alleged that the City, a unit of local government, uses a method of administering responses to 911 calls that has the effect of subjecting the residents of police districts populated mostly by African-Americans and Hispanics to…”
Smith v. Evans (N.D. Ill. 2019).
MEABF Participants v. Mun. Employees' Annuity & Benefit Fund of Chicago, 2018 IL App (1st) 170732 (Ill. App. Ct. 2018).
— 740 ILCS 23/5(c) — 15 cases
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). “740 ILCS 23/5(a)(1) (West 2008). It also prohibits the utilization of criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
Thomann v. The Dep't of State Police, 2016 IL App (4th) 150936 (Ill. App. Ct. 2016). “¶ 27 Section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2014))—the only section of the Civil Rights Act—is titled “Discrimination prohibited” and provides: “(a) No unit of State, county, or local government in Illinois shall: (1) exclude a person from participation in, deny…”
Thomann v. Dep't of State Police, 2016 IL App (4th) 150936 (Ill. App. Ct. 2017). “¶ 27 Section 5 of the Civil Rights Act (740 ILCS 23/5 (West 2014))—the only section of the Civil Rights Act—is titled “Discrimination prohibited” and provides: “(a) No unit of State, county, or local government in Illinois shall: (1) exclude a person from participation in, deny…”
Larson v. Wexford Health Sources, 2012 IL App (1st) 112065 (Ill. App. Ct. 2012). “¶ 23 Plaintiff urges us to consider similar fee-shifting provisions in the Illinois Freedom of Information Act (FOIA) (5 ILCS 140/11(i) (West 2008)) and the Illinois Civil Rights Act of 2003 (Illinois Civil Rights Act) (740 ILCS 23/5(c) (West 2010)). He asserts that courts have…”
S.J. Ex Rel. S.J. v. Perspectives Charter Sch., 685 F. Supp. 2d 847 (N.D. Ill. 2010).
— 740 ILCS 23/5(c)(2) — 6 cases
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). “740 ILCS 23/5(a)(1) (West 2008). It also prohibits the utilization of criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
Cannici v. The Vill. of Melrose Park, 2019 IL App (1st) 181422 (Ill. App. Ct. 2019).
Johnson v. Mun. Employees', Officers', & Officials' Annuity & Benefit Fund of Chicago, 2018 IL App (1st) 170732 (Ill. App. Ct. 2019). “740 ILCS 23/5(a) (West 2016). Subsection (b) empowers an aggrieved party to bring a civil lawsuit in federal district or state circuit court “against the offending unit of government.”
Baruxen v. Hacker, 2025 IL App (5th) 240701 (Ill. App. Ct. 2025).
Johnson v. Mun. Employees', Officers' , & Officials' Annuity & Benefit Fund of Chicago, 2018 IL App (1st) 170732 (Ill. App. Ct. 2018).
— 740 ILCS 23/5(d)(3) — 4 cases
Kirk v. Arnold, 2020 IL App (1st) 190782 (Ill. App. Ct. 2020). “740 ILCS 23/5(a)(1) (West 2008). It also prohibits the utilization of criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender.”
Larson v. Wexford Health Sources, 2012 IL App (1st) 112065 (Ill. App. Ct. 2012). “¶ 23 Plaintiff urges us to consider similar fee-shifting provisions in the Illinois Freedom of Information Act (FOIA) (5 ILCS 140/11(i) (West 2008)) and the Illinois Civil Rights Act of 2003 (Illinois Civil Rights Act) (740 ILCS 23/5(c) (West 2010)). He asserts that courts have…”
Baruxen v. Hacker, 2025 IL App (5th) 240701 (Ill. App. Ct. 2025).
Illinois Mfrs.' Ass'n v. Illinois Workers' Comp. Comm'n, 2021 IL App (4th) 200397-U (Ill. App. Ct. 2021).
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