Illinois General Assembly - Full Text of HB1811
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Full Text of HB1811  102nd General Assembly

HB1811ham002 102ND GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1811

2    AMENDMENT NO. ______. Amend House Bill 1811 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 2-101 and 2-102 as follows:
 
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of
16    this Act, "employee" also includes an unpaid intern. An

 

 

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1    unpaid intern is a person who performs work for an
2    employer under the following circumstances:
3            (i) the employer is not committed to hiring the
4        person performing the work at the conclusion of the
5        intern's tenure;
6            (ii) the employer and the person performing the
7        work agree that the person is not entitled to wages for
8        the work performed; and
9            (iii) the work performed:
10                (I) supplements training given in an
11            educational environment that may enhance the
12            employability of the intern;
13                (II) provides experience for the benefit of
14            the person performing the work;
15                (III) does not displace regular employees;
16                (IV) is performed under the close supervision
17            of existing staff; and
18                (V) provides no immediate advantage to the
19            employer providing the training and may
20            occasionally impede the operations of the
21            employer.
22        (2) "Employee" does not include:
23            (a) (Blank);
24            (b) Individuals employed by persons who are not
25        "employers" as defined by this Act;
26            (c) Elected public officials or the members of

 

 

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1        their immediate personal staffs;
2            (d) Principal administrative officers of the State
3        or of any political subdivision, municipal corporation
4        or other governmental unit or agency;
5            (e) A person in a vocational rehabilitation
6        facility certified under federal law who has been
7        designated an evaluee, trainee, or work activity
8        client.
9    (B) Employer.
10        (1) "Employer" includes:
11            (a) Any person employing one or more employees
12        within Illinois during 20 or more calendar weeks
13        within the calendar year of or preceding the alleged
14        violation;
15            (b) Any person employing one or more employees
16        when a complainant alleges civil rights violation due
17        to unlawful discrimination based upon his or her
18        physical or mental disability unrelated to ability,
19        pregnancy, or sexual harassment;
20            (c) The State and any political subdivision,
21        municipal corporation or other governmental unit or
22        agency, without regard to the number of employees;
23            (d) Any party to a public contract without regard
24        to the number of employees;
25            (e) A joint apprenticeship or training committee
26        without regard to the number of employees.

 

 

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1        (2) "Employer" does not include any place of worship,
2    religious corporation, association, educational
3    institution, society, or non-profit nursing institution
4    conducted by and for those who rely upon treatment by
5    prayer through spiritual means in accordance with the
6    tenets of a recognized church or religious denomination
7    with respect to the employment of individuals of a
8    particular religion to perform work connected with the
9    carrying on by such place of worship, corporation,
10    association, educational institution, society or
11    non-profit nursing institution of its activities.
12    (C) Employment Agency. "Employment Agency" includes both
13public and private employment agencies and any person, labor
14organization, or labor union having a hiring hall or hiring
15office regularly undertaking, with or without compensation, to
16procure opportunities to work, or to procure, recruit, refer
17or place employees.
18    (D) Labor Organization. "Labor Organization" includes any
19organization, labor union, craft union, or any voluntary
20unincorporated association designed to further the cause of
21the rights of union labor which is constituted for the
22purpose, in whole or in part, of collective bargaining or of
23dealing with employers concerning grievances, terms or
24conditions of employment, or apprenticeships or applications
25for apprenticeships, or of other mutual aid or protection in
26connection with employment, including apprenticeships or

 

 

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1applications for apprenticeships.
2    (D-5) Predictive Data Analytics. "Predictive data
3analytics" means the use of automated machine learning
4algorithms for the purpose of statistically analyzing an
5employee's behavior.
6    (E) Sexual Harassment. "Sexual harassment" means any
7unwelcome sexual advances or requests for sexual favors or any
8conduct of a sexual nature when (1) submission to such conduct
9is made either explicitly or implicitly a term or condition of
10an individual's employment, (2) submission to or rejection of
11such conduct by an individual is used as the basis for
12employment decisions affecting such individual, or (3) such
13conduct has the purpose or effect of substantially interfering
14with an individual's work performance or creating an
15intimidating, hostile or offensive working environment.
16    For purposes of this definition, the phrase "working
17environment" is not limited to a physical location an employee
18is assigned to perform his or her duties.
19    (E-1) Harassment. "Harassment" means any unwelcome conduct
20on the basis of an individual's actual or perceived race,
21color, religion, national origin, ancestry, age, sex, marital
22status, order of protection status, disability, military
23status, sexual orientation, pregnancy, unfavorable discharge
24from military service, or citizenship status that has the
25purpose or effect of substantially interfering with the
26individual's work performance or creating an intimidating,

 

 

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1hostile, or offensive working environment. For purposes of
2this definition, the phrase "working environment" is not
3limited to a physical location an employee is assigned to
4perform his or her duties.
5    (F) Religion. "Religion" with respect to employers
6includes all aspects of religious observance and practice, as
7well as belief, unless an employer demonstrates that he is
8unable to reasonably accommodate an employee's or prospective
9employee's religious observance or practice without undue
10hardship on the conduct of the employer's business.
11    (G) Public Employer. "Public employer" means the State, an
12agency or department thereof, unit of local government, school
13district, instrumentality or political subdivision.
14    (H) Public Employee. "Public employee" means an employee
15of the State, agency or department thereof, unit of local
16government, school district, instrumentality or political
17subdivision. "Public employee" does not include public
18officers or employees of the General Assembly or agencies
19thereof.
20    (I) Public Officer. "Public officer" means a person who is
21elected to office pursuant to the Constitution or a statute or
22ordinance, or who is appointed to an office which is
23established, and the qualifications and duties of which are
24prescribed, by the Constitution or a statute or ordinance, to
25discharge a public duty for the State, agency or department
26thereof, unit of local government, school district,

 

 

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1instrumentality or political subdivision.
2    (J) Eligible Bidder. "Eligible bidder" means a person who,
3prior to contract award or prior to bid opening for State
4contracts for construction or construction-related services,
5has filed with the Department a properly completed, sworn and
6currently valid employer report form, pursuant to the
7Department's regulations. The provisions of this Article
8relating to eligible bidders apply only to bids on contracts
9with the State and its departments, agencies, boards, and
10commissions, and the provisions do not apply to bids on
11contracts with units of local government or school districts.
12    (K) Citizenship Status. "Citizenship status" means the
13status of being:
14        (1) a born U.S. citizen;
15        (2) a naturalized U.S. citizen;
16        (3) a U.S. national; or
17        (4) a person born outside the United States and not a
18    U.S. citizen who is not an unauthorized alien and who is
19    protected from discrimination under the provisions of
20    Section 1324b of Title 8 of the United States Code, as now
21    or hereafter amended.
22(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
23101-430, eff. 7-1-20; revised 8-4-20.)
 
24    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
25    Sec. 2-102. Civil rights violations - employment. It is a

 

 

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1civil rights violation:
2        (A) Employers. For any employer to refuse to hire, to
3    segregate, to engage in harassment as defined in
4    subsection (E-1) of Section 2-101, or to act with respect
5    to recruitment, hiring, promotion, renewal of employment,
6    selection for training or apprenticeship, discharge,
7    discipline, tenure or terms, privileges or conditions of
8    employment on the basis of unlawful discrimination or
9    citizenship status. An employer is responsible for
10    harassment by the employer's nonmanagerial and
11    nonsupervisory employees only if the employer becomes
12    aware of the conduct and fails to take reasonable
13    corrective measures.
14        (A-5) Language. For an employer to impose a
15    restriction that has the effect of prohibiting a language
16    from being spoken by an employee in communications that
17    are unrelated to the employee's duties.
18        For the purposes of this subdivision (A-5), "language"
19    means a person's native tongue, such as Polish, Spanish,
20    or Chinese. "Language" does not include such things as
21    slang, jargon, profanity, or vulgarity.
22        (A-10) Harassment of nonemployees. For any employer,
23    employment agency, or labor organization to engage in
24    harassment of nonemployees in the workplace. An employer
25    is responsible for harassment of nonemployees by the
26    employer's nonmanagerial and nonsupervisory employees only

 

 

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1    if the employer becomes aware of the conduct and fails to
2    take reasonable corrective measures. For the purposes of
3    this subdivision (A-10), "nonemployee" means a person who
4    is not otherwise an employee of the employer and is
5    directly performing services for the employer pursuant to
6    a contract with that employer. "Nonemployee" includes
7    contractors and consultants. This subdivision applies to
8    harassment occurring on or after the effective date of
9    this amendatory Act of the 101st General Assembly.
10        (B) Employment agency. For any employment agency to
11    fail or refuse to classify properly, accept applications
12    and register for employment referral or apprenticeship
13    referral, refer for employment, or refer for
14    apprenticeship on the basis of unlawful discrimination or
15    citizenship status or to accept from any person any job
16    order, requisition or request for referral of applicants
17    for employment or apprenticeship which makes or has the
18    effect of making unlawful discrimination or discrimination
19    on the basis of citizenship status a condition of
20    referral.
21        (C) Labor organization. For any labor organization to
22    limit, segregate or classify its membership, or to limit
23    employment opportunities, selection and training for
24    apprenticeship in any trade or craft, or otherwise to
25    take, or fail to take, any action which affects adversely
26    any person's status as an employee or as an applicant for

 

 

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1    employment or as an apprentice, or as an applicant for
2    apprenticeships, or wages, tenure, hours of employment or
3    apprenticeship conditions on the basis of unlawful
4    discrimination or citizenship status.
5        (D) Sexual harassment. For any employer, employee,
6    agent of any employer, employment agency or labor
7    organization to engage in sexual harassment; provided,
8    that an employer shall be responsible for sexual
9    harassment of the employer's employees by nonemployees or
10    nonmanagerial and nonsupervisory employees only if the
11    employer becomes aware of the conduct and fails to take
12    reasonable corrective measures.
13        (D-5) Sexual harassment of nonemployees. For any
14    employer, employee, agent of any employer, employment
15    agency, or labor organization to engage in sexual
16    harassment of nonemployees in the workplace. An employer
17    is responsible for sexual harassment of nonemployees by
18    the employer's nonmanagerial and nonsupervisory employees
19    only if the employer becomes aware of the conduct and
20    fails to take reasonable corrective measures. For the
21    purposes of this subdivision (D-5), "nonemployee" means a
22    person who is not otherwise an employee of the employer
23    and is directly performing services for the employer
24    pursuant to a contract with that employer. "Nonemployee"
25    includes contractors and consultants. This subdivision
26    applies to sexual harassment occurring on or after the

 

 

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1    effective date of this amendatory Act of the 101st General
2    Assembly.
3        (E) Public employers. For any public employer to
4    refuse to permit a public employee under its jurisdiction
5    who takes time off from work in order to practice his or
6    her religious beliefs to engage in work, during hours
7    other than such employee's regular working hours,
8    consistent with the operational needs of the employer and
9    in order to compensate for work time lost for such
10    religious reasons. Any employee who elects such deferred
11    work shall be compensated at the wage rate which he or she
12    would have earned during the originally scheduled work
13    period. The employer may require that an employee who
14    plans to take time off from work in order to practice his
15    or her religious beliefs provide the employer with a
16    notice of his or her intention to be absent from work not
17    exceeding 5 days prior to the date of absence.
18        (E-5) Religious discrimination. For any employer to
19    impose upon a person as a condition of obtaining or
20    retaining employment, including opportunities for
21    promotion, advancement, or transfer, any terms or
22    conditions that would require such person to violate or
23    forgo a sincerely held practice of his or her religion
24    including, but not limited to, the wearing of any attire,
25    clothing, or facial hair in accordance with the
26    requirements of his or her religion, unless, after

 

 

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1    engaging in a bona fide effort, the employer demonstrates
2    that it is unable to reasonably accommodate the employee's
3    or prospective employee's sincerely held religious belief,
4    practice, or observance without undue hardship on the
5    conduct of the employer's business.
6        Nothing in this Section prohibits an employer from
7    enacting a dress code or grooming policy that may include
8    restrictions on attire, clothing, or facial hair to
9    maintain workplace safety or food sanitation.
10        (F) Training and apprenticeship programs. For any
11    employer, employment agency or labor organization to
12    discriminate against a person on the basis of age in the
13    selection, referral for or conduct of apprenticeship or
14    training programs.
15        (G) Immigration-related practices.
16            (1) for an employer to request for purposes of
17        satisfying the requirements of Section 1324a(b) of
18        Title 8 of the United States Code, as now or hereafter
19        amended, more or different documents than are required
20        under such Section or to refuse to honor documents
21        tendered that on their face reasonably appear to be
22        genuine; or
23            (2) for an employer participating in the E-Verify
24        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
25        Programs for Employment Eligibility Confirmation
26        (enacted by PL 104-208, div. C title IV, subtitle A) to

 

 

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1        refuse to hire, to segregate, or to act with respect to
2        recruitment, hiring, promotion, renewal of employment,
3        selection for training or apprenticeship, discharge,
4        discipline, tenure or terms, privileges or conditions
5        of employment without following the procedures under
6        the E-Verify Program.
7        (H) (Blank).
8        (I) Pregnancy. For an employer to refuse to hire, to
9    segregate, or to act with respect to recruitment, hiring,
10    promotion, renewal of employment, selection for training
11    or apprenticeship, discharge, discipline, tenure or terms,
12    privileges or conditions of employment on the basis of
13    pregnancy, childbirth, or medical or common conditions
14    related to pregnancy or childbirth. Women affected by
15    pregnancy, childbirth, or medical or common conditions
16    related to pregnancy or childbirth shall be treated the
17    same for all employment-related purposes, including
18    receipt of benefits under fringe benefit programs, as
19    other persons not so affected but similar in their ability
20    or inability to work, regardless of the source of the
21    inability to work or employment classification or status.
22        (J) Pregnancy; reasonable accommodations.
23            (1) If after a job applicant or employee,
24        including a part-time, full-time, or probationary
25        employee, requests a reasonable accommodation, for an
26        employer to not make reasonable accommodations for any

 

 

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1        medical or common condition of a job applicant or
2        employee related to pregnancy or childbirth, unless
3        the employer can demonstrate that the accommodation
4        would impose an undue hardship on the ordinary
5        operation of the business of the employer. The
6        employer may request documentation from the employee's
7        health care provider concerning the need for the
8        requested reasonable accommodation or accommodations
9        to the same extent documentation is requested for
10        conditions related to disability if the employer's
11        request for documentation is job-related and
12        consistent with business necessity. The employer may
13        require only the medical justification for the
14        requested accommodation or accommodations, a
15        description of the reasonable accommodation or
16        accommodations medically advisable, the date the
17        reasonable accommodation or accommodations became
18        medically advisable, and the probable duration of the
19        reasonable accommodation or accommodations. It is the
20        duty of the individual seeking a reasonable
21        accommodation or accommodations to submit to the
22        employer any documentation that is requested in
23        accordance with this paragraph. Notwithstanding the
24        provisions of this paragraph, the employer may require
25        documentation by the employee's health care provider
26        to determine compliance with other laws. The employee

 

 

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1        and employer shall engage in a timely, good faith, and
2        meaningful exchange to determine effective reasonable
3        accommodations.
4            (2) For an employer to deny employment
5        opportunities or benefits to or take adverse action
6        against an otherwise qualified job applicant or
7        employee, including a part-time, full-time, or
8        probationary employee, if the denial or adverse action
9        is based on the need of the employer to make reasonable
10        accommodations to the known medical or common
11        conditions related to the pregnancy or childbirth of
12        the applicant or employee.
13            (3) For an employer to require a job applicant or
14        employee, including a part-time, full-time, or
15        probationary employee, affected by pregnancy,
16        childbirth, or medical or common conditions related to
17        pregnancy or childbirth to accept an accommodation
18        when the applicant or employee did not request an
19        accommodation and the applicant or employee chooses
20        not to accept the employer's accommodation.
21            (4) For an employer to require an employee,
22        including a part-time, full-time, or probationary
23        employee, to take leave under any leave law or policy
24        of the employer if another reasonable accommodation
25        can be provided to the known medical or common
26        conditions related to the pregnancy or childbirth of

 

 

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1        an employee. No employer shall fail or refuse to
2        reinstate the employee affected by pregnancy,
3        childbirth, or medical or common conditions related to
4        pregnancy or childbirth to her original job or to an
5        equivalent position with equivalent pay and
6        accumulated seniority, retirement, fringe benefits,
7        and other applicable service credits upon her
8        signifying her intent to return or when her need for
9        reasonable accommodation ceases, unless the employer
10        can demonstrate that the accommodation would impose an
11        undue hardship on the ordinary operation of the
12        business of the employer.
13        For the purposes of this subdivision (J), "reasonable
14    accommodations" means reasonable modifications or
15    adjustments to the job application process or work
16    environment, or to the manner or circumstances under which
17    the position desired or held is customarily performed,
18    that enable an applicant or employee affected by
19    pregnancy, childbirth, or medical or common conditions
20    related to pregnancy or childbirth to be considered for
21    the position the applicant desires or to perform the
22    essential functions of that position, and may include, but
23    is not limited to: more frequent or longer bathroom
24    breaks, breaks for increased water intake, and breaks for
25    periodic rest; private non-bathroom space for expressing
26    breast milk and breastfeeding; seating; assistance with

 

 

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1    manual labor; light duty; temporary transfer to a less
2    strenuous or hazardous position; the provision of an
3    accessible worksite; acquisition or modification of
4    equipment; job restructuring; a part-time or modified work
5    schedule; appropriate adjustment or modifications of
6    examinations, training materials, or policies;
7    reassignment to a vacant position; time off to recover
8    from conditions related to childbirth; and leave
9    necessitated by pregnancy, childbirth, or medical or
10    common conditions resulting from pregnancy or childbirth.
11        For the purposes of this subdivision (J), "undue
12    hardship" means an action that is prohibitively expensive
13    or disruptive when considered in light of the following
14    factors: (i) the nature and cost of the accommodation
15    needed; (ii) the overall financial resources of the
16    facility or facilities involved in the provision of the
17    reasonable accommodation, the number of persons employed
18    at the facility, the effect on expenses and resources, or
19    the impact otherwise of the accommodation upon the
20    operation of the facility; (iii) the overall financial
21    resources of the employer, the overall size of the
22    business of the employer with respect to the number of its
23    employees, and the number, type, and location of its
24    facilities; and (iv) the type of operation or operations
25    of the employer, including the composition, structure, and
26    functions of the workforce of the employer, the geographic

 

 

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1    separateness, administrative, or fiscal relationship of
2    the facility or facilities in question to the employer.
3    The employer has the burden of proving undue hardship. The
4    fact that the employer provides or would be required to
5    provide a similar accommodation to similarly situated
6    employees creates a rebuttable presumption that the
7    accommodation does not impose an undue hardship on the
8    employer.
9        No employer is required by this subdivision (J) to
10    create additional employment that the employer would not
11    otherwise have created, unless the employer does so or
12    would do so for other classes of employees who need
13    accommodation. The employer is not required to discharge
14    any employee, transfer any employee with more seniority,
15    or promote any employee who is not qualified to perform
16    the job, unless the employer does so or would do so to
17    accommodate other classes of employees who need it.
18        (K) Notice.
19            (1) For an employer to fail to post or keep posted
20        in a conspicuous location on the premises of the
21        employer where notices to employees are customarily
22        posted, or fail to include in any employee handbook
23        information concerning an employee's rights under this
24        Article, a notice, to be prepared or approved by the
25        Department, summarizing the requirements of this
26        Article and information pertaining to the filing of a

 

 

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1        charge, including the right to be free from unlawful
2        discrimination, the right to be free from sexual
3        harassment, and the right to certain reasonable
4        accommodations. The Department shall make the
5        documents required under this paragraph available for
6        retrieval from the Department's website.
7            (2) Upon notification of a violation of paragraph
8        (1) of this subdivision (K), the Department may launch
9        a preliminary investigation. If the Department finds a
10        violation, the Department may issue a notice to show
11        cause giving the employer 30 days to correct the
12        violation. If the violation is not corrected, the
13        Department may initiate a charge of a civil rights
14        violation.
15        (L) Predictive Data Analytics.
16            (1) For an employer that uses predictive data
17        analytics in its employment decisions, to consider any
18        data about an employee that correlates with the
19        employee's race or zip code in making a decision to
20        refuse to hire, to segregate, or to act with respect to
21        recruitment, hiring, promotion, renewal of employment,
22        selection for training or apprenticeship, discharge,
23        discipline, tenure or terms, privileges, or conditions
24        of employment.
25            (2) An employer that uses predictive data
26        analytics to evaluate employees and that employs in a

 

 

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1        calendar year more than 50 employees who are Illinois
2        residents shall, within 90 days after the effective
3        date of this amendatory Act of the 102nd General
4        Assembly, devise procedures to ensure that it does not
5        inadvertently consider information that correlates
6        with race or zip code when making a decision to refuse
7        to hire, to segregate, or to act with respect to
8        recruitment, hiring, promotion, renewal of employment,
9        selection for training or apprenticeship, discharge,
10        discipline, tenure or terms, privileges, or conditions
11        of employment.
12(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
13101-221, eff. 1-1-20.)
 
14    Section 10. The Consumer Fraud and Deceptive Business
15Practices Act is amended by adding Section 2WWW as follows:
 
16    (815 ILCS 505/2WWW new)
17    Sec. 2WWW. Creditworthiness; use of predictive analytics.
18    (a) In this Section, "predictive data analytics" means the
19use of automated machine learning algorithms for the purpose
20of statistically analyzing a person's behavior.
21    (b) A person or entity that relies either partially or
22fully on predictive data analytics to determine a consumer's
23creditworthiness may not allow information about the consumer
24that assigns specific risk factors to the consumer's race or

 

 

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1zip code to influence any conclusion regarding the consumer's
2creditworthiness.
3    (c) A person or entity that uses predictive data analytics
4to determine the creditworthiness of more than 50 consumers in
5a calendar year who are Illinois residents shall, within 90
6days after the effective date of this amendatory Act of the
7102nd General Assembly, devise procedures to ensure that it
8does not consider information that assigns specific risk
9factors to a consumer's race or zip code when determining a
10consumer's creditworthiness.
11    (d) A person or entity that violates this Section commits
12an unlawful practice within the meaning of this Act.".