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SB 1666

HUMAN RIGHTS-CRITERIA-METHODS

104th Regular Session Introduced by Rob Martwick

Prohibits using criteria or methods that cause civil rights discrimination, requiring a business-necessity test and allowing defenses for substantial, nondiscriminatory interests.

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Bill Summary · SB 1666

Summary — SB 1666: "Human Rights — Criteria or Methods"

Status: Introduced (Rule 3‑9(a) / Re‑referred to Assignments) — Introduced Feb 27, 2025
Primary sponsors: Sen. Sally Ann Gonzales; Sen. Robert F. Martwick
Related bills: HB 3636; HB 1260

Purpose and intent

SB 1666 amends the Illinois Human Rights Act to prohibit the use of selection criteria, decision‑making methods, or practices that have the effect of producing unlawful discrimination. The bill targets not only intentional discrimination but also neutral policies, tests, algorithms, or operational methods that cause disparate or discriminatory outcomes for protected groups unless narrowly justified.

Key provisions

  • Adds a new Section 2‑103.5 to the Illinois Human Rights Act establishing that it is a civil‑rights violation for an organization to use criteria or methods in any covered act that have the effect of subjecting individuals to discrimination on the basis of protected characteristics (those protected under the Act).
  • Expands the substantive prohibitions in specific parts of the Act:
    • Section 4‑102 (Loans/financial institutions): prohibits financial institutions from using criteria or methods that have the effect of causing civil‑rights violations in lending (added alongside existing prohibitions on denial, modification, or differing loan terms).
    • Section 4‑103 (Credit cards): prohibits credit‑card issuers from using criteria or methods that have the effect of causing civil‑rights violations, while preserving existing duties (e.g., to inform applicants of reasons for rejection).
    • Section 5‑102 (Public accommodations): bars persons operating public accommodations from employing criteria or methods that have the effect of causing civil‑rights violations.
  • Affirmative defense / business‑necessity test: a covered use of criteria or methods is permitted only if (i) the use is necessary to achieve a substantial, legitimate, nondiscriminatory interest, or (ii) that interest cannot be achieved by another practice with a less discriminatory effect.

Who would be affected

  • Employers and any entities subject to the Illinois Human Rights Act (including labor organizations) when making employment decisions.
  • Financial institutions and lenders (loan underwriting, geographic lending practices).
  • Credit‑card issuers and consumer credit providers.
  • Operators of public accommodations (businesses, venues, service providers).
  • Providers or users of automated decision‑making tools, algorithms, credit‑scoring models, background‑check procedures, and other screening or eligibility systems whose criteria may produce disparate impacts.

Practical impact

  • Raises liability exposure for practices that produce disparate outcomes even without discriminatory intent; entities will need to justify practices under the substantial‑legitimate‑nondiscriminatory interest standard.
  • Likely increases demand for disparate‑impact testing, fair‑lending/fair‑employment audits, algorithmic bias assessments, and consideration of less‑discriminatory alternatives before deploying criteria or models.
  • Enforcement could proceed through existing administrative and civil enforcement channels under the Illinois Human Rights Act (administrative complaints, investigations, and private suits).

Procedural/timeline notes

  • Introduced in February 2025 and currently at Rule 3‑9(a) / Re‑referred to Assignments (per materials provided).
  • Companion or related legislation filed in the House (HB 3636; HB 1260).

If you want, I can:
- Draft a short plain‑language one‑page explanation for affected businesses (lenders, employers, tech vendors).
- Identify specific provisions of the Illinois Human Rights Act referenced by the bill and map the changes to existing statutory text.

Compiled from official sources — confirm details with the bill’s official record.

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