Illinois does provide broader protections against discrimination by financial institutions than federal law. The federal Equal Credit Opportunity Act prohibits discrimination the basis of an applicant’s “race, color, religion, national origin, sex or marital status, or age,” on the basis that an applicant receives public assistance income, or on the basis that the applicant has exercised a right under the ECOA. 15 USC 1691(a). Illinois laws add several categories to that list, some of which only apply to certain types of financial transactions: ancestry, order of protection status, disability, military status, sexual orientation, pregnancy [effective January 1, 2015], unfavorable discharge from military service, and familial status.

A table of protected categories under federal and state law is below (though we cannot ensure that it is totally complete). Also included are notes on the laws that apply and the specific transactions to which each law applies.

Federal, Equal Credit Opportunity Act: 15 USC 1691(a):

• Protected categories: race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under this chapter.

• Applicable Transactions: to discriminate against any applicant“

• Applicant” = “any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.” 15 USC 1691a(b).

Illinois Human Rights Act — Financial Credit (775 ILCS 5/4-101 through 4-104):

• Protected categories: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy [effective January 1, 2015], or unfavorable discharge from military service (Definition of “unlawful discrimination,” 775 ILCS 5/1‑103(Q))

• Applicable Transactions:

• Denial of Services. Deny any person any of the services normally offered by such an institution. (775 ILCS 5/4-102(A))

• Modification of Services. Provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated. (775 ILCS 5/4-102(B))

• Loan Terms. Deny or vary the terms of a loan. (775 ILCS 5/4-102(C))

• Property Location. Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area. (775 ILCS 5/4-102(D))

• Consideration of Income. Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan. (775 ILCS 5/4-102(E))

• Lending Standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination. (775 ILCS 5/4-102(F))

• Denial. To refuse to issue a credit card, upon proper application, on the basis of unlawful discrimination. (775 ILCS 5/4-103(A))

• Reasons for Rejection. To fail to inform an applicant for a credit card, upon request, of the reason that his or her application for a credit has been rejected. (775 ILCS 5/4-103(B))

Illinois Human Rights Act — Real Estate Transactions (775 ILCS 5/3-101 through 3-106):

• Protected categories: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, unfavorable discharge from military service, with the addition of familial status (Definition of “unlawful discrimination,” 775 ILCS 5/1‑103(Q)775 ILCS 5/3-102))

• Applicable Transactions:

• Transaction. Refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (775 ILCS 5/3-102(A))

• Terms. Alter the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (775 ILCS 5/3-102(B))

• Offer. Refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; (775 ILCS 5/3-102(C))

• Negotiation. Refuse to negotiate for a real estate transaction with a person; (775 ILCS 5/3-102(D))

• Representations. Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; (775 ILCS 5/3-102(E))

• Publication of Intent. Print, circulate, post, mail, publish or cause to be so published a written or oral statement, advertisement or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which expresses any limitation founded upon, or indicates, directly or indirectly, an intent to engage in unlawful discrimination; (775 ILCS 5/3-102(F))

• Listings. Offer, solicit, accept, use or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of familial status in a real estate transaction is intended. (775 ILCS 5/3-102(G))

Illinois Fairness in Lending Act (815 ILCS 120 et seq.):

• Protected categories: Location of the property offered as security, childbearing capacity of applicant or spouse, race/gender/disability/national origin; also prohibits “lending standards that have no economic basis and which are discriminatory in effect” and “equity stripping or loan flipping”

• Applicable Transactions: Denying or varying the terms of a loan

Illinois, Credit Card Issuance Act (815 ILCS 140 et seq.):

• Protected categories: Same definition as Section 4-103 of the Illinois Human Rights Act (815 ILCS 140/1a)

• Applicable Transactions: Denial of a credit card, upon proper application therefor (815 ILCS 140/1a)

• Further provides: “No question requesting any information concerning an applicant’s marital status shall appear on any credit card application except in connection with an application for a joint account” (815 ILCS 140/1a)

Illinois Banking Act, 205 ILCS 5/32.1

• Protected Categories: Single females

• Applicable Transactions: Loans

• Further provides: A state chartered bank may not require that single female borrowers have cosigners on “promissory notes securing loans” unless the bank also requires cosigners for single males “under the same or similar circumstances.”

Illinois, Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2VV)

• Protected Categories: Victims of identity theft (but only if they comply with all requirements)

• Applicable Transactions: Denial or reduction of credit