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The Act prohibits discrimination in the full and equal enjoyment of facilities and services by any place of public accommodation, such as a business, recreation, lodging, entertainment, or transportation facility that is open to the public. The public accommodations provision of the Act also covers State or local government facilities that are open to the public as well as educational institutions under certain circumstances. All Illinois residents have rights to equal access to the services provided by public officials (city services, police and fire department services, etc.).
Financial Credit and Lending Rights
Illinois law protects you from discrimination when you apply for loans, credit cards, mortgages, or other financial services. You have the right to be treated fairly regardless of your race, sex, disability, national origin, or other protected characteristics.
What you'll find here: Examples of discrimination, where you are protected, how to file a charge, and what lenders cannot do under the law.
⏱ Reading time: 8 minutes
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Table of contents
Learn What Discrimination Looks Like
Examples of lending and credit discrimination
Do You Want to File a Charge?
Find out how to file and what to expect.
What Lenders Cannot Do
Prohibited activities under Illinois law.
Special Considerations
Income requirements, familial status, and lending standards
What IDHR Cannot Do
Learn our limits so you can find the right help.
Financial Credit & Lending Rights - FAQs
Find answers to common questions
Learn What Discrimination Looks Like
Illinois law makes it illegal for financial institutions to discriminate in granting mortgages, commercial or personal loans, and credit cards.
Protected Characteristics Include
Race · Color · Ancestry · National Origin · Disability (physical and mental) · Religion · Sex · Sexual Orientation (including gender identity) · Age (40 and over) · Marital Status · Pregnancy (including childbirth or related medical conditions) · Military Status · Unfavorable Military Discharge · Order of Protection Status
Note:
Familial status discrimination applies only to loans in connection with real estate transactions.
Discrimination examples
Discrimination can happen in ways that are obvious or hidden. These real examples can help you tell when your rights have been violated.
In mortgage lending
You are denied a mortgage because the property is in a specific neighborhood, or a lender refuses to count your income because you are pregnant.
In credit card applications
Your application is denied because of your sex, race, or age despite having good credit.
In personal and commercial loans
A bank denies your business loan based on assumptions about your sex or national origin.
In refinancing
You are denied refinancing because your home is in a specific area, despite good payment history and equity.
In banking services
A bank refuses to open an account based on your national origin or charges you higher fees based on protected characteristics.
Geographic discrimination (redlining)
A lender systematically denies loans for properties in specific neighborhoods based on racial or ethnic composition.
Do You Want to File a Charge?
If you believe you've experienced faced discrimination in financial credit, you have options. Filing a charge with IDHR starts an investigation into your complaint. Here's what you need to know.
Before you file:
- You must file within a specific timeframe
- You can usually file against both the individual harasser and the employer or institution
- Filing is free
- You do not need a lawyer
What happens when you file:
We review your claim to see if it falls under the Illinois Human Rights Act
If accepted, we investigate by gathering information from all parties
We may attempt to resolve the matter through mediation or settlement
If not resolved, your case may proceed to a hearing
We will draft a charge for your signature if:
- Your allegations are covered under the Act
- We have jurisdiction over the employer
- You file within the required timeframe
What Lenders Cannot Do
It is against the law for financial institutions to discriminate by:
Denying or modifying services normally offered: Financial institutions cannot refuse to provide services they normally offer, or change terms, based on protected characteristics.
Denying or varying loan terms: This includes varying terms where a property is in a specific geographical area (redlining) or not considering all regular and dependable income of each person liable for repayment.
Using lending standards with no economic basis: Lending standards must have legitimate economic justification and cannot discriminate based on protected characteristics.
Refusing to issue a credit card despite a proper application: If you submit a proper application and meet reasonable criteria, denial based on protected characteristics is prohibited.
Special Considerations
Considering All Income Sources
Financial institutions must consider all regular and dependable income of each person liable for loan repayment. This includes employment income, disability income, retirement income, Social Security benefits, alimony or child support (if regular and dependable), part-time income, and self-employment income.
Lenders cannot:
Refuse to consider certain income sources based on protected characteristics
Assume income will stop or decrease based on pregnancy, age, or disability
Discount income based on its source if it is regular and dependable
Familial Status in Real Estate Lending
For loans in connection with real estate transactions, lenders cannot discriminate based on familial status. Mortgage lenders cannot deny mortgages solely because a family member is pregnant or on pregnancy-related leave, as long as they intend to return to work and can otherwise meet income requirements.
Economic Basis Requirement
All lending standards must have a legitimate economic basis. Lenders cannot use criteria that appear neutral but have no economic justification and disproportionately impact protected groups, apply stricter standards to certain groups without justification, or use subjective criteria that mask discrimination.
What IDHR Cannot Do
We want to be clear about what falls outside our jurisdiction so you can find the right help.
We cannot investigate:
Discrimination based on political affiliations or personality conflicts: Discrimination must be based on protected characteristics under the Illinois Human Rights Act.
Federal government lending: Federal lending discrimination must be reported to appropriate federal agencies.
Contract disputes: General disagreements about loan terms, repayment schedules, or contract provisions not based on discrimination.
Predatory lending practices: While illegal, predatory lending that affects all customers equally may fall under consumer protection laws rather than civil rights laws.
Debt collection disputes: General complaints about debt collectors should be directed to consumer protection agencies.
Bankruptcy matters: Questions about bankruptcy should be directed to bankruptcy attorneys or courts.
Matters outside Illinois: IDHR enforces Illinois law.
Cases outside our legal authority
If we cannot investigate your situation, that does not mean what happened was okay. It means your case may fall under a different law or agency. We will do our best to point you in the right direction.
FInancial Credit & Lending - FAQs
Guidance & Publications
- Financial Credit Fact Sheet
Summary of financial credit laws and protections
Related Topics
Employment
Protections against unfair treatment in hiring, firing, harassment, accommodations, retaliation, and other workplace decisions.
Housing
Your rights to equal opportunity housing and commercial real estate, and related services, including real estate agents, mortgages, and appraisals.