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Can I charge different prices to different customers without violating discrimination laws in Illinois? What are the requirements?
According to Section 16-115A(d) of the Illinois Compiled Statutes, an alternative retail electric supplier that is certified to serve residential or small commercial retail customers shall not deny service to a customer or group of customers nor establish any differences as to prices, terms, conditions, services, products, facilities, or in any other respect, whereby such denial or differences are based upon race, gender or income, except as provided in Section 16-115E. Therefore, charging different prices to different customers based on race, gender, or income would be a violation of discrimination laws in Illinois.
However, an alternative retail electric supplier may limit the overall size or availability of a service offering by specifying one or more of the following: a maximum number of customers, maximum amount of electric load to be served, time period during which the offering will be available, or other comparable limitation, but not including the geographic locations of customers within the area which the alternative retail electric supplier is certificated to serve [2.2].
Additionally, an alternative retail electric supplier may offer services at prices, terms, and conditions that are available solely to the members of an industry or trade organization or association, a membership organization or association that exists for a purpose other than the purchase of electricity, or another organization that meets criteria established in a rule adopted by the Commission [2.2].
Therefore, while an alternative retail electric supplier cannot charge different prices to different customers based on race, gender, or income, they may limit the availability of a service offering or offer services at prices available solely to members of certain organizations.
It is important to note that this information is specific to alternative retail electric suppliers and may not apply to other industries. Additionally, it is recommended to consult with a legal professional to ensure compliance with all relevant laws and regulations.
Source(s):
- [2.2] 220 ILCS 5/16-115A
Jurisdiction
Illinois