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(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104) (Text of Section before amendment by P.A. 103-859) Sec. 8B-104. Relief; penalties. Upon finding a civil rights
violation, a hearing officer may recommend and the Commission or any
three-member panel thereof may provide for any relief or penalty
identified in this Section, separately or in combination, by entering an
order directing the respondent to: (A) Cease and Desist Order. Cease and desist from |
| any violation of this Act.
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(B) Actual Damages. Pay actual damages, as
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| reasonably determined by the Commission, for injury or loss suffered by the complainant.
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(C) Civil Penalty. Pay a civil penalty to vindicate
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(i) in an amount not exceeding $16,000 if the
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| respondent has not been adjudged to have committed any prior civil rights violation under Article 3;
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(ii) in an amount not exceeding $42,500 if the
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| respondent has been adjudged to have committed one other civil rights violation under Article 3 during the 5-year period ending on the date of the filing of this charge; and
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(iii) in an amount not exceeding $70,000 if the
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| respondent has been adjudged to have committed 2 or more civil rights violations under Article 3 during the 7-year period ending on the date of the filing of this charge; except that if the acts constituting the civil rights violation that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a civil rights violation under Article 3, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent civil rights violation under Article 3 occurred.
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(D) Attorney Fees; Costs. Pay to the complainant all
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| or a portion of the costs of maintaining the action, including reasonable attorneys fees and expert witness fees incurred in maintaining this action before the Department, the Commission and in any judicial review and judicial enforcement proceedings.
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(E) Compliance Report. Report as to the manner of
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(F) Posting of Notices. Post notices in a
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| conspicuous place which the Commission may publish or cause to be published setting forth requirements for compliance with this Act or other relevant information which the Commission determines necessary to explain this Act.
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(G) Make Complainant Whole. Take such action as may
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| be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant's actual damages from the date of the civil rights violation.
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(Source: P.A. 99-548, eff. 1-1-17.)
(Text of Section after amendment by P.A. 103-859)
Sec. 8B-104. Relief; penalties. Upon finding a civil rights violation, a hearing officer may recommend and the Commission or any three-member panel thereof may provide for any relief or penalty identified in this Section, separately or in combination, by entering an order directing the respondent to:
(A) Cease and Desist Order. Cease and desist from any
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|
(B) Actual Damages. Pay actual damages, as reasonably
|
| determined by the Commission, for injury or loss suffered by the complainant.
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|
(C) Civil Penalty. Pay a civil penalty per violation
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| to vindicate the public interest. In imposing a civil penalty to vindicate the public interest, a separate penalty may be imposed for each specific act constituting a civil rights violation as defined in Section 1-103, and for each aggrieved party injured by the civil rights violation:
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(i) in an amount not exceeding $16,000 if the
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| respondent has not been adjudged to have committed any prior civil rights violation under Article 3;
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(ii) in an amount not exceeding $42,500 if the
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| respondent has been adjudged to have committed one other civil rights violation under Article 3 during the 5-year period ending on the date of the filing of this charge; and
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|
(iii) in an amount not exceeding $70,000 if the
|
| respondent has been adjudged to have committed 2 or more civil rights violations under Article 3 during the 7-year period ending on the date of the filing of this charge; except that if the acts constituting the civil rights violation that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a civil rights violation under Article 3, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent civil rights violation under Article 3 occurred.
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(D) Attorney Fees; Costs. Pay to the complainant all
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| or a portion of the costs of maintaining the action, including reasonable attorneys fees and expert witness fees incurred in maintaining this action before the Department, the Commission and in any judicial review and judicial enforcement proceedings.
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|
(E) Compliance Report. Report as to the manner of
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|
(F) Posting of Notices. Post notices in a conspicuous
|
| place which the Commission may publish or cause to be published setting forth requirements for compliance with this Act or other relevant information which the Commission determines necessary to explain this Act.
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|
(G) Make Complainant Whole. Take such action as may
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| be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant's actual damages from the date of the civil rights violation.
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(Source: P.A. 103-859, eff. 1-1-25.)
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