Illinois Compiled Statutes
775 ILCS 5/1-103 (2026)
General definitions
✓ current as of May 2026
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(775 ILCS 5/1-103)
(from Ch. 68, par. 1-103) Sec. 1-103. General definitions. When used in this Act, unless the context requires otherwise, the term: (A) Age. "Age" means the chronological age of a person who is at least 40 years old, except with regard to any practice described in Section 2-102, insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of Section 2-102, "age" means the chronological age of a person who is 18 but not yet 40 years old. (B) Aggrieved party. "Aggrieved party" means a person who is alleged or proved to have been injured by a civil rights violation or believes he or she will be injured by a civil rights violation under Article 3 that is about to occur. (B-5) Arrest record. "Arrest record" means: (1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered | expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act. |
(C) Charge. "Charge" means an allegation filed with the Department by an aggrieved party or initiated by the Department under its authority. (D) Civil rights violation. "Civil rights violation" includes and shall be limited to only those specific acts set forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102, 6-101, 6-101.5, and 6-102 of this Act. (E) Commission. "Commission" means the Human Rights Commission created by this Act. (F) Complaint. "Complaint" means the formal pleading filed by the Department with the Commission following an investigation and finding of substantial evidence of a civil rights violation. (G) Complainant. "Complainant" means a person including the Department who files a charge of civil rights violation with the Department or the Commission. (G-5) Conviction record. "Conviction record" means information indicating that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority. (H) Department. "Department" means the Department of Human Rights created by this Act. (I) Disability. (1) "Disability" means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic: (a) For purposes of Article 2, is unrelated to the | person's ability to perform the duties of a particular job or position and, pursuant to Section 2-104 of this Act, a person's illegal use of drugs or alcohol is not a disability; |
(b) For purposes of Article 3, is unrelated to the | person's ability to acquire, rent, or maintain a housing accommodation; |
(c) For purposes of Article 4, is unrelated to a | person's ability to repay; |
(d) For purposes of Article 5, is unrelated to a | person's ability to utilize and benefit from a place of public accommodation; |
(e) For purposes of Article 5, also includes any | mental, psychological, or developmental disability, including autism spectrum disorders. |
(2) Discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability. (J) Marital status. "Marital status" means the legal status of being married, single, separated, divorced, or widowed. (J-1) Military status. "Military status" means a person's status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, including the United States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and United States Coast Guard Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard. (K) National origin. "National origin" means the place in which a person or one of his or her ancestors was born. (K-5) "Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, or the Civil No Contact Order Act, or an order of protection issued by a court of another state. (L) Person. "Person" includes one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, joint apprenticeship committees, or union labor associations, corporations, the State of Illinois and its instrumentalities, political subdivisions, units of local government, legal representatives, trustees in bankruptcy or receivers. (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. (M) Public contract. "Public contract" includes every contract to which the State, any of its political subdivisions, or any municipal corporation is a party. (M-5) Race. "Race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. (N) Religion. "Religion" includes all aspects of religious observance and practice, as well as belief, except that with respect to employers, for the purposes of Article 2, "religion" has the meaning ascribed to it in paragraph (F) of Section 2-101. (O) Sex. "Sex" means the status of being male or female. (O-1) Sexual orientation. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult. (O-2) Reproductive Health Decisions. "Reproductive Health Decisions" means a person's decisions regarding the person's use of: contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care. (O-5) Source of income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents. (P) Unfavorable military discharge. "Unfavorable military discharge" includes discharges from the Armed Forces of the United States, their Reserve components, or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable". (Q) Unlawful discrimination. "Unlawful discrimination" means discrimination against a person because of his or her actual or perceived: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service as those terms are defined in this Section. (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, eff. 1-1-25.)
(775 ILCS 5/Art. 2 heading) ARTICLE 2.
EMPLOYMENT
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Notes of Decisions
Cited in 86
cases (42 in the last 5 years), 1995–2026 · leading case: Boaden v. Dep't of Law Enf't, 664 N.E.2d 61 (Ill. 1996).
Boaden v. Dep't of Law Enf't, 664 N.E.2d 61 (Ill. 1996). “" See 775 ILCS 5/1-103(J) (West 1992). The appellate court concluded that no-spouse policies were not based on an individual's marital status, but rather on the identity of the spouse.”
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
M.U. v. Team Illinois Hockey Club, Inc., 2022 IL App (2d) 210568 (Ill. App. Ct. 2022). “” 775 ILCS 5/1-103(L) (West 2020). ¶ 20 Articles 2 through 5 of the Act address the problem of unlawful discrimination in a specific factual context.”
Fox v. Adams & Assocs., Inc., 2020 IL App (1st) 182470 (Ill. App. Ct. 2021). “” 775 ILCS 5/1-103(I)(1) (West 2016). A plaintiff must have the ability to perform the duties of the job in question; a plaintiff who cannot, by reason of a physical condition, perform the duties of the job in question even with accommodation is not disabled under the Rights Act.”
Young v. Illinois Human Rights Comm'n, 2012 IL App (1st) 112204 (Ill. App. Ct. 2012). “775 ILCS 5/1-103(Q) (West 2010). ¶ 31 A review of the legislative history persuades us that the appropriate standard of review in this case is abuse of discretion, for the reasons we explain below.”
Hobby Lobby Stores, Inc. v. Sommerville, 2021 IL App (2d) 190362 (Ill. App. Ct. 2021). “1, 2006) (amending 775 ILCS 5/1-103). In that time, Illinois law has explicitly recognized in a variety of ways that gender identity is a primary determinant of a person’s “sex” for legal purposes.”
Kimberly Hively v. Ivy Tech Cmty. Coll., 830 F.3d 698 (7th Cir. 2016). “§§ 368-1 , 378-2; Illinois: 775 ILCS 5/1-103 & 775 ILCS 5/1-102; Iowa: Iowa Code Ann.”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Kozlowski v. Greenridge Farm, Inc., 338 F. Supp. 3d 828 (E.D. Ill. 2018). “because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because he or she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by…”
Terry v. Watts Copy Sys., Inc., 768 N.E.2d 789 (Ill. App. Ct. 2002). “" 775 ILCS 5/1-103(Q) (West 2000). Section 6-101 of the Act provides that it is also a civil rights violation to: "[r]etaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual…”
Jackson v. TSA Processing Chicago, Inc., 2021 IL App (2d) 200769 (Ill. App. Ct. 2021). “The trial court ruled that plaintiff’s complaint was time barred and that plaintiff was not disabled within the meaning of section 1-103(I) of the Act (775 ILCS 5/1-103(I) (West 2012)). The trial court also denied plaintiff’s motion to strike defendants’ motion to dismiss for…”
Robinson v. Vill. of Oak Park, 2013 IL App (1st) 121220 (Ill. App. Ct. 2013). “” 775 ILCS 5/1-103(Q) (West 2010). “Definitions.”
— 775 ILCS 5/1-103(1) — 3 cases
Westphal v. City of Chicago, 8 F. Supp. 2d 809 (N.D. Ill. 1998).
Bogie v. Paws Chicago, 914 F. Supp. 2d 913 (N.D. Ill. 2012).
Zinkel v. Piper (N.D. Ill. 2019).
— 775 ILCS 5/1-103(A) — 3 cases
Walczak v. The Human Rights Comm'n, 2024 IL App (1st) 221497-U (Ill. App. Ct. 2024).
Bayer v. Owens-Brockway Glass Container Inc. (N.D. Ill. 2024).
Kalush v. Dept. of Human Rights (Ill. App. Ct. 1998).
— 775 ILCS 5/1-103(B) — 1 case
Pakulla v. Illinois Human Rights Comm'n, 2025 IL App (1st) 250241-U (Ill. App. Ct. 2025).
— 775 ILCS 5/1-103(D) — 2 cases
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
— 775 ILCS 5/1-103(I) — 8 cases
Jackson v. TSA Processing Chicago, Inc., 2021 IL App (2d) 200769 (Ill. App. Ct. 2021). “The trial court ruled that plaintiff’s complaint was time barred and that plaintiff was not disabled within the meaning of section 1-103(I) of the Act (775 ILCS 5/1-103(I) (West 2012)). The trial court also denied plaintiff’s motion to strike defendants’ motion to dismiss for…”
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Dunn v. Human Rights Comm'n, 2022 IL App (1st) 211155-U (Ill. App. Ct. 2022).
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
M.U. v. Team Illinois Hockey Club, Inc., 2024 IL 128935 (Ill. 2024).
— 775 ILCS 5/1-103(I)(1) — 11 cases
Fox v. Adams & Assocs., Inc., 2020 IL App (1st) 182470 (Ill. App. Ct. 2021). “” 775 ILCS 5/1-103(I)(1) (West 2016). A plaintiff must have the ability to perform the duties of the job in question; a plaintiff who cannot, by reason of a physical condition, perform the duties of the job in question even with accommodation is not disabled under the Rights Act.”
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Raintree Health Care Ctr. v. Human Rights Comm'n, 655 N.E.2d 944 (Ill. App. Ct. 1995).
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Applegate v. Human Rights Comm'n, 2020 IL App (1st) 191419-U (Ill. App. Ct. 2020).
— 775 ILCS 5/1-103(I)(1)(a) — 2 cases
Winston v. Ozinga Ready Mix Concrete, Inc., 2022 IL App (1st) 220369-U (Ill. App. Ct. 2022).
Dangles v. Dart, 2026 IL App (1st) 250520-U (Ill. App. Ct. 2026).
— 775 ILCS 5/1-103(J) — 4 cases
Boaden v. Dep't of Law Enf't, 664 N.E.2d 61 (Ill. 1996). “" See 775 ILCS 5/1-103(J) (West 1992). The appellate court concluded that no-spouse policies were not based on an individual's marital status, but rather on the identity of the spouse.”
Urban v. ITI Intermodal, Inc., 2025 IL App (3d) 240496-U (Ill. App. Ct. 2025).
Donato v. Am. Tel. (11th Cir. 1998).
Donato v. Am. Tel. & Tel. Co., 146 F.3d 1329 (11th Cir. 1998).
— 775 ILCS 5/1-103(L) — 9 cases
M.U. v. Team Illinois Hockey Club, Inc., 2022 IL App (2d) 210568 (Ill. App. Ct. 2022). “” 775 ILCS 5/1-103(L) (West 2020). ¶ 20 Articles 2 through 5 of the Act address the problem of unlawful discrimination in a specific factual context.”
Kozlowski v. Greenridge Farm, Inc., 338 F. Supp. 3d 828 (E.D. Ill. 2018). “because he or she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because he or she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by…”
Rozsavolgyi v. The City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
Bryant v. SPARC (C.D. Ill. 2023).
— 775 ILCS 5/1-103(N) — 2 cases
Schoff v. Illinois Human Rights Comm'n, 2025 IL App (1st) 250148-U (Ill. App. Ct. 2025).
Schoff v. Lakeshore Estates Homeowners Ass'n, 2026 IL App (1st) 250147-U (Ill. App. Ct. 2026).
— 775 ILCS 5/1-103(O) — 1 case
Hobby Lobby Stores, Inc. v. Sommerville, 2021 IL App (2d) 190362 (Ill. App. Ct. 2021). “1, 2006) (amending 775 ILCS 5/1-103). In that time, Illinois law has explicitly recognized in a variety of ways that gender identity is a primary determinant of a person’s “sex” for legal purposes.”
— 775 ILCS 5/1-103(Q) — 47 cases
Young v. Illinois Human Rights Comm'n, 2012 IL App (1st) 112204 (Ill. App. Ct. 2012). “775 ILCS 5/1-103(Q) (West 2010). ¶ 31 A review of the legislative history persuades us that the appropriate standard of review in this case is abuse of discretion, for the reasons we explain below.”
Boaden v. Dep't of Law Enf't, 664 N.E.2d 61 (Ill. 1996). “" See 775 ILCS 5/1-103(J) (West 1992). The appellate court concluded that no-spouse policies were not based on an individual's marital status, but rather on the identity of the spouse.”
Terry v. Watts Copy Sys., Inc., 768 N.E.2d 789 (Ill. App. Ct. 2002). “" 775 ILCS 5/1-103(Q) (West 2000). Section 6-101 of the Act provides that it is also a civil rights violation to: "[r]etaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual…”
Robinson v. Vill. of Oak Park, 2013 IL App (1st) 121220 (Ill. App. Ct. 2013). “” 775 ILCS 5/1-103(Q) (West 2010). “Definitions.”
Rozsavolgyi v. City of Aurora, 2016 IL App (2d) 150493 (Ill. App. Ct. 2016). “775 ILCS 5/1-103(D) (West 2014) (specifying, inter alia, sections 2-102, 2-103, 2-105, and 3-102.”
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