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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 7A-102, 7B-102, and 8-103 as follows:
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6 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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7 | Sec. 7A-102. Procedures.
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8 | (A) Charge.
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9 | (1) Within 180 days after the
date that a civil rights | ||||||
10 | violation allegedly has been committed, a
charge in writing | ||||||
11 | under oath or affirmation may be filed with the
Department | ||||||
12 | by an aggrieved party or issued by the Department itself
| ||||||
13 | under the signature of the Director.
| ||||||
14 | (2) The charge shall be in such detail as to | ||||||
15 | substantially apprise
any party properly concerned as to | ||||||
16 | the time, place, and facts
surrounding the alleged civil | ||||||
17 | rights violation.
| ||||||
18 | (A-1) Equal Employment Opportunity Commission Charges. A | ||||||
19 | charge filed with the Equal Employment Opportunity Commission | ||||||
20 | within 180 days after the date of the alleged civil rights | ||||||
21 | violation shall be deemed filed with the Department on the date | ||||||
22 | filed with the Equal Employment Opportunity Commission. Upon | ||||||
23 | receipt of a charge filed with the Equal Employment Opportunity |
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1 | Commission, the Department shall notify the complainant that he | ||||||
2 | or she may proceed with the Department. The complainant must | ||||||
3 | notify the Department of his or her decision in writing within | ||||||
4 | 35 days of receipt of the Department's notice to the | ||||||
5 | complainant and the Department shall close the case if the | ||||||
6 | complainant does not do so. If the complainant proceeds with | ||||||
7 | the Department, the Department shall take no action until the | ||||||
8 | Equal Employment Opportunity Commission makes a determination | ||||||
9 | on the charge. Upon receipt of the Equal Employment Opportunity | ||||||
10 | Commission's determination, the Department shall cause the | ||||||
11 | charge to be filed under oath or affirmation and to be in such | ||||||
12 | detail as provided for under subparagraph (2) of paragraph (A). | ||||||
13 | At the Department's discretion, the Department shall either | ||||||
14 | adopt the Equal Employment Opportunity Commission's | ||||||
15 | determination or process the charge pursuant to this Act. | ||||||
16 | Adoption of the Equal Employment Opportunity Commission's | ||||||
17 | determination shall be deemed a determination by the Department | ||||||
18 | for all purposes under this Act.
| ||||||
19 | (B) Notice and Response to Charge.
The Department shall, | ||||||
20 | within 10
days of the date on which the charge
was filed, serve | ||||||
21 | a copy of the charge on the respondent. This period shall
not | ||||||
22 | be construed to be jurisdictional. The charging party and the | ||||||
23 | respondent
may each file a position statement and other | ||||||
24 | materials with the Department
regarding the charge of alleged | ||||||
25 | discrimination within 60 days of receipt of the
notice of the | ||||||
26 | charge. The position statements and other materials filed shall
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1 | remain confidential unless otherwise agreed to by the party | ||||||
2 | providing the
information and shall not be served on or made | ||||||
3 | available to the other
party during pendency
of a charge with | ||||||
4 | the Department. The Department
shall
require the respondent to | ||||||
5 | file a verified response to
the allegations contained in the | ||||||
6 | charge within 60 days of receipt of the
notice of the
charge. | ||||||
7 | The respondent shall serve a copy
of its response on the
| ||||||
8 | complainant or his representative. All allegations contained | ||||||
9 | in the charge
not timely denied by the respondent shall be | ||||||
10 | deemed admitted, unless the
respondent states that it is | ||||||
11 | without sufficient information to
form a belief with respect to | ||||||
12 | such allegation. The Department may issue
a notice of default | ||||||
13 | directed to any respondent who fails to file a
verified | ||||||
14 | response to a charge within 60 days of receipt of the
notice of | ||||||
15 | the charge,
unless the respondent can
demonstrate good cause as
| ||||||
16 | to why such notice should not issue. The term "good cause" | ||||||
17 | shall be defined by rule promulgated by the Department. Within | ||||||
18 | 30 days of receipt
of the respondent's response, the | ||||||
19 | complainant may file a
reply to
said response and
shall serve
a | ||||||
20 | copy of said reply on the respondent or his representative. A | ||||||
21 | party
shall have the right to supplement his response or reply | ||||||
22 | at any time that
the investigation of the charge is pending. | ||||||
23 | The Department shall,
within 10 days of the date on which the | ||||||
24 | charge was filed,
and again no later than 335 days thereafter,
| ||||||
25 | send by certified or registered mail written notice to the | ||||||
26 | complainant
and to the respondent
informing the complainant
of |
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1 | the complainant's right to either file a complaint with the | ||||||
2 | Human
Rights Commission or commence a civil action in the | ||||||
3 | appropriate circuit court
under subparagraph (2) of paragraph | ||||||
4 | (G), including in such notice the dates
within which the | ||||||
5 | complainant may exercise this right.
In the notice the | ||||||
6 | Department shall notify the complainant that the
charge of | ||||||
7 | civil rights violation will be dismissed with prejudice and | ||||||
8 | with no
right to further proceed if a written complaint is not | ||||||
9 | timely filed with
the Commission or with the appropriate | ||||||
10 | circuit court by the complainant pursuant to subparagraph (2) | ||||||
11 | of paragraph (G)
or by the Department pursuant to subparagraph | ||||||
12 | (1) of paragraph (G).
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13 | (B-1) Mediation. The complainant and respondent may agree | ||||||
14 | to voluntarily
submit the charge
to mediation without waiving | ||||||
15 | any rights that are otherwise available to
either party | ||||||
16 | pursuant to this Act and without incurring any obligation to
| ||||||
17 | accept the result of the mediation process. Nothing occurring | ||||||
18 | in mediation
shall
be disclosed by the Department or admissible | ||||||
19 | in evidence in any subsequent
proceeding unless the complainant | ||||||
20 | and the respondent agree in writing that such
disclosure be | ||||||
21 | made.
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22 | (C) Investigation.
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23 | (1) After the respondent has been notified, the
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24 | Department shall conduct a full investigation of the | ||||||
25 | allegations set
forth in the charge.
| ||||||
26 | (2) The Director or his or her designated |
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| |||||||
1 | representatives shall have
authority to request any member | ||||||
2 | of the Commission to issue subpoenas to
compel the | ||||||
3 | attendance of a witness or the production for
examination | ||||||
4 | of any books, records or documents whatsoever.
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5 | (3) If any witness whose testimony is required for any | ||||||
6 | investigation
resides outside the State, or through | ||||||
7 | illness or any other good cause as
determined by the | ||||||
8 | Director is unable to be interviewed by the investigator
or | ||||||
9 | appear at a fact finding conference, his or her testimony | ||||||
10 | or deposition
may be taken, within or without the State, in | ||||||
11 | the same manner as is
provided for in the taking of | ||||||
12 | depositions in civil cases in circuit courts.
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13 | (4) Upon reasonable notice to the complainant and the | ||||||
14 | respondent,
the Department shall conduct a fact finding | ||||||
15 | conference prior to
365 days after the date on which the | ||||||
16 | charge was filed,
unless the Director has determined | ||||||
17 | whether there is substantial evidence
that the alleged | ||||||
18 | civil rights violation has been committed or the charge has
| ||||||
19 | been dismissed for lack of jurisdiction. If the parties | ||||||
20 | agree in writing,
the fact finding conference may be held | ||||||
21 | at a time after the 365 day limit.
Any party's failure to | ||||||
22 | attend the conference without good cause
shall result in | ||||||
23 | dismissal or default. The term "good cause"
shall
be | ||||||
24 | defined by rule promulgated by the Department. A notice of | ||||||
25 | dismissal or
default shall be issued by the Director . The | ||||||
26 | notice of default issued by the Director shall notify the |
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| |||||||
1 | respondent and shall notify the relevant
party that a | ||||||
2 | request for review may be filed in writing with the | ||||||
3 | Commission
within 30 days of receipt of notice of dismissal | ||||||
4 | or default. The notice of dismissal issued by the Director | ||||||
5 | shall give
the complainant notice of his or her right to | ||||||
6 | seek review of the dismissal
before the Human Rights | ||||||
7 | Commission or commence a civil action in the
appropriate | ||||||
8 | circuit court. If the complainant chooses to have the Human | ||||||
9 | Rights Commission review the dismissal order, he or she | ||||||
10 | shall file a request for review with the Commission within | ||||||
11 | 90 days after receipt of the Director's notice. If the | ||||||
12 | complainant chooses to file a request for review with the | ||||||
13 | Commission, he or she may not later commence a civil action | ||||||
14 | in a circuit court. If the complainant chooses to commence | ||||||
15 | a civil action in a circuit court, he or she must do so | ||||||
16 | within 90 days after receipt of the Director's notice.
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17 | (D) Report.
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18 | (1) Each charge shall be the
subject of a
report to the | ||||||
19 | Director. The report shall be a confidential document
| ||||||
20 | subject to review by the Director, authorized Department | ||||||
21 | employees, the
parties, and, where indicated by this Act, | ||||||
22 | members of the Commission or
their designated hearing | ||||||
23 | officers.
| ||||||
24 | (2) Upon review of the report, the Director shall | ||||||
25 | determine whether
there is substantial evidence that the | ||||||
26 | alleged civil rights violation
has been committed.
The |
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| |||||||
1 | determination of substantial evidence is limited to | ||||||
2 | determining the need
for further consideration of the | ||||||
3 | charge pursuant to this Act
and includes, but is not | ||||||
4 | limited to, findings of fact and conclusions, as well
as | ||||||
5 | the reasons for the determinations on all material issues. | ||||||
6 | Substantial evidence is evidence which a reasonable mind | ||||||
7 | accepts
as sufficient to support a particular conclusion | ||||||
8 | and which consists of more
than a mere scintilla but may be | ||||||
9 | somewhat less than a preponderance.
| ||||||
10 | (3) If the Director determines
that there is no | ||||||
11 | substantial
evidence, the charge shall be dismissed by | ||||||
12 | order of the
Director and the Director shall give the
| ||||||
13 | complainant notice of his or her right to seek review of | ||||||
14 | the dismissal order before the
Commission or commence a | ||||||
15 | civil action in the appropriate circuit court. If the | ||||||
16 | complainant chooses to have the Human Rights Commission | ||||||
17 | review the dismissal order, he or she shall file a request | ||||||
18 | for review with the Commission within 90 30 days after | ||||||
19 | receipt of the Director's notice. If the complainant | ||||||
20 | chooses to file a request for review with the Commission, | ||||||
21 | he or she may not later commence a civil action in a | ||||||
22 | circuit court. If the complainant chooses to commence a | ||||||
23 | civil action in a circuit court, he or she must do so | ||||||
24 | within 90 days after receipt of the Director's notice.
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25 | (4) If the Director determines that there is | ||||||
26 | substantial evidence, he or she shall notify the |
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| |||||||
1 | complainant and respondent of that determination. The | ||||||
2 | Director shall also notify the parties that the complainant | ||||||
3 | has the right to either commence a civil action in the | ||||||
4 | appropriate circuit court or request that the Department of | ||||||
5 | Human Rights file a complaint with the Human Rights | ||||||
6 | Commission on his or her behalf. Any such complaint shall | ||||||
7 | be filed within 90 days after receipt of the Director's | ||||||
8 | notice. If the complainant chooses to have the Department | ||||||
9 | file a complaint with the Human Rights Commission on his or | ||||||
10 | her behalf, the complainant must, within 30 14 days after | ||||||
11 | receipt of the Director's notice, request in writing that | ||||||
12 | the Department file the complaint. If the complainant | ||||||
13 | timely requests that the Department file the complaint, the | ||||||
14 | Department shall file the complaint on his or her behalf. | ||||||
15 | If the complainant fails to timely request that the | ||||||
16 | Department file the complaint, the complainant may file his | ||||||
17 | or her complaint with the Commission or only commence a | ||||||
18 | civil action in the appropriate circuit court.
If the | ||||||
19 | complainant files a complaint with
the Human Rights | ||||||
20 | Commission, the complainant shall give notice to the
| ||||||
21 | Department of the filing of the complaint with the Human | ||||||
22 | Rights Commission. | ||||||
23 | (E) Conciliation.
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24 |
(1) When there is a finding of substantial evidence, | ||||||
25 | the Department may designate a Department employee who is | ||||||
26 | an attorney
licensed to practice in Illinois to endeavor to |
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1 | eliminate the effect of
the alleged civil rights violation | ||||||
2 | and to prevent its repetition by
means of conference and | ||||||
3 | conciliation.
| ||||||
4 | (2) When the Department determines that a formal
| ||||||
5 | conciliation conference is necessary, the complainant and | ||||||
6 | respondent
shall be notified of the time and place of the | ||||||
7 | conference by registered
or certified mail at least 10 days | ||||||
8 | prior thereto and either or both
parties shall appear at | ||||||
9 | the conference in person or by attorney.
| ||||||
10 | (3) The place fixed for the conference shall be within | ||||||
11 | 35 miles of
the place where the civil rights violation is | ||||||
12 | alleged to have been
committed.
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13 | (4) Nothing occurring at the conference shall be | ||||||
14 | disclosed by the
Department unless
the complainant and | ||||||
15 | respondent agree in writing that
such disclosure be made.
| ||||||
16 | (5) The Department's efforts to conciliate the matter | ||||||
17 | shall not stay or extend the time for filing the complaint | ||||||
18 | with the Commission or the circuit court.
| ||||||
19 | (F) Complaint.
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20 | (1) When the complainant requests that the Department | ||||||
21 | file a complaint with the Commission on his or her behalf, | ||||||
22 | the Department shall prepare a
written complaint, under | ||||||
23 | oath or affirmation, stating the nature of the
civil rights | ||||||
24 | violation substantially as alleged in the charge | ||||||
25 | previously
filed and the relief sought on behalf of the | ||||||
26 | aggrieved party. The Department shall file the complaint |
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1 | with the Commission.
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2 | (2) If the complainant chooses to commence a civil | ||||||
3 | action in a circuit court, he or she must do so in the | ||||||
4 | circuit court in the county wherein the civil rights | ||||||
5 | violation was allegedly committed. The form of the | ||||||
6 | complaint in any such civil action shall be in accordance | ||||||
7 | with the Illinois Code of Civil Procedure.
| ||||||
8 | (G) Time Limit.
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9 | (1) When a charge of a civil rights violation has been
| ||||||
10 | properly filed, the Department, within 365
days thereof or | ||||||
11 | within any
extension of that period agreed to in writing by | ||||||
12 | all parties, shall issue its report as required by | ||||||
13 | subparagraph (D). Any such report
shall be duly served upon | ||||||
14 | both the complainant and the respondent.
| ||||||
15 | (2) If the Department has not issued its report within | ||||||
16 | 365 days after the charge is filed, or any such longer | ||||||
17 | period agreed to in writing by all the parties, the | ||||||
18 | complainant shall have 90 days to either file his or her | ||||||
19 | own complaint with the Human Rights Commission or commence | ||||||
20 | a civil action in the appropriate circuit court. If the | ||||||
21 | complainant files a complaint with the Commission, the form | ||||||
22 | of the complaint shall be in accordance with the provisions | ||||||
23 | of
paragraph (F)(1). If the complainant commences a civil | ||||||
24 | action in a circuit court, the form of the complaint shall | ||||||
25 | be in accordance with the Illinois Code of Civil Procedure. | ||||||
26 | The aggrieved party shall notify the Department that a
|
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| |||||||
1 | complaint
has been filed and shall serve a copy of the | ||||||
2 | complaint on the Department
on the same date that the | ||||||
3 | complaint is filed with the Commission or in circuit court. | ||||||
4 | If the complainant files a complaint with the Commission, | ||||||
5 | he or she may not later commence a civil action in circuit | ||||||
6 | court.
| ||||||
7 | (3) If an aggrieved party files a complaint
with the
| ||||||
8 | Human Rights Commission or commences a civil action in | ||||||
9 | circuit court pursuant to paragraph (2) of this subsection, | ||||||
10 | or if
the time period for filing a complaint has expired, | ||||||
11 | the
Department shall immediately cease its investigation | ||||||
12 | and
dismiss the charge of civil rights violation.
Any final | ||||||
13 | order entered by the Commission under this Section is
| ||||||
14 | appealable in accordance with paragraph (B)(1) of Section | ||||||
15 | 8-111.
Failure to immediately cease an investigation and | ||||||
16 | dismiss the charge of civil
rights violation as provided in | ||||||
17 | this paragraph
(3) constitutes grounds for entry of an | ||||||
18 | order by the circuit court permanently
enjoining the
| ||||||
19 | investigation. The Department may also be liable for any
| ||||||
20 | costs and other damages incurred by the respondent as a | ||||||
21 | result of the action of
the Department.
| ||||||
22 | (4) The Department shall stay any administrative | ||||||
23 | proceedings
under this Section after the filing of a civil | ||||||
24 | action by or on behalf of the
aggrieved party under any | ||||||
25 | federal or State law seeking relief with respect to
the
| ||||||
26 | alleged civil rights violation.
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1 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
2 | filed on or
after January 1, 1996.
| ||||||
3 | (I) This amendatory Act of 1996 applies to causes of action | ||||||
4 | filed on or
after January 1, 1996.
| ||||||
5 | (J) The changes made to this Section by Public Act 95-243 | ||||||
6 | this amendatory Act of the 95th General Assembly apply to | ||||||
7 | charges filed on or
after the effective date of those changes.
| ||||||
8 | (K) The changes made to this Section by this amendatory Act | ||||||
9 | of the 96th General Assembly apply to charges filed on or
after | ||||||
10 | the effective date of those changes. | ||||||
11 | (L) Rulemaking authority to implement this amendatory Act | ||||||
12 | of the 96th General Assembly, if any, is conditioned on the | ||||||
13 | rules being adopted in accordance with all provisions of the | ||||||
14 | Illinois Administrative Procedure Act and all rules and | ||||||
15 | procedures of the Joint Committee on Administrative Rules; any | ||||||
16 | purported rule not so adopted, for whatever reason, is | ||||||
17 | unauthorized. | ||||||
18 | (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; | ||||||
19 | 94-857, eff. 6-15-06; 95-243, eff. 1-1-08.)
| ||||||
20 | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| ||||||
21 | Sec. 7B-102. Procedures.
| ||||||
22 | (A) Charge.
| ||||||
23 | (1) Within one year after the
date that a civil rights | ||||||
24 | violation allegedly has been committed or terminated,
a | ||||||
25 | charge in writing under oath or affirmation may be filed |
| |||||||
| |||||||
1 | with the
Department by an aggrieved party or issued by the | ||||||
2 | Department itself
under the signature of the Director.
| ||||||
3 | (2) The charge shall be in such detail as to | ||||||
4 | substantially apprise
any party properly concerned as to | ||||||
5 | the time, place, and facts
surrounding the alleged civil | ||||||
6 | rights violation.
| ||||||
7 | (B) Notice and Response to Charge.
| ||||||
8 | (1) The Department shall serve
notice upon the | ||||||
9 | aggrieved party acknowledging such charge and advising the
| ||||||
10 | aggrieved party of the time limits and choice of forums | ||||||
11 | provided under this
Act. The Department shall, within 10 | ||||||
12 | days of the date on which the charge
was filed or the | ||||||
13 | identification of an additional respondent under paragraph
| ||||||
14 | (2) of this subsection, serve on the respondent a copy of | ||||||
15 | the charge along with a notice
identifying the alleged | ||||||
16 | civil rights violation and advising the
respondent of the | ||||||
17 | procedural rights and obligations of respondents under
| ||||||
18 | this Act and shall require the respondent to file a | ||||||
19 | verified response to
the allegations contained in the | ||||||
20 | charge within 30 days. The respondent
shall serve a copy of | ||||||
21 | its response on the complainant or his
representative. All | ||||||
22 | allegations contained in the charge
not timely denied by | ||||||
23 | the respondent shall be deemed admitted, unless the
| ||||||
24 | respondent states that it is without sufficient | ||||||
25 | information to
form a belief with respect to such | ||||||
26 | allegation. The Department may issue
a notice of default |
| |||||||
| |||||||
1 | directed to any respondent who fails to file a verified
| ||||||
2 | response to a charge within 30 days of the date on which | ||||||
3 | the charge was
filed, unless the respondent can demonstrate | ||||||
4 | good cause as
to why such notice should not issue. The term | ||||||
5 | "good cause" shall be defined by rule promulgated by the | ||||||
6 | Department. Within 10 days of the date he
receives the | ||||||
7 | respondent's response, the complainant may file his reply | ||||||
8 | to
said response. If he chooses to file a reply, the | ||||||
9 | complainant shall serve
a copy of said reply on the | ||||||
10 | respondent or his representative. A party
shall have the | ||||||
11 | right to supplement his response or reply at any time that
| ||||||
12 | the investigation of the charge is pending.
| ||||||
13 | (2) A person who is not named as a respondent in a | ||||||
14 | charge, but who is
identified as a respondent in the course | ||||||
15 | of investigation, may be joined as
an additional or | ||||||
16 | substitute respondent upon written notice, under | ||||||
17 | subsection
(B), to such person, from the Department.
Such | ||||||
18 | notice, in addition to meeting the requirements of | ||||||
19 | subsections (A)
and (B), shall explain the basis for the | ||||||
20 | Department's belief that a person
to whom the notice is | ||||||
21 | addressed is properly joined as a respondent.
| ||||||
22 | (C) Investigation.
| ||||||
23 | (1) The Department shall conduct a full investigation
| ||||||
24 | of the allegations set forth in the charge and complete | ||||||
25 | such investigation
within 100 days after the filing of the | ||||||
26 | charge, unless it is impracticable to
do so. The |
| |||||||
| |||||||
1 | Department's failure to complete the investigation within | ||||||
2 | 100 days after the proper filing of the charge does not | ||||||
3 | deprive the Department of jurisdiction over the charge.
| ||||||
4 | (2) If the Department is unable to complete the | ||||||
5 | investigation within 100
days after the charge is filed, | ||||||
6 | the Department shall notify the complainant
and respondent | ||||||
7 | in writing of the reasons for not doing so.
| ||||||
8 | (3) The Director or his or her designated | ||||||
9 | representative shall have
authority to request any member | ||||||
10 | of the Commission to issue subpoenas to
compel the | ||||||
11 | attendance of a witness or the production for
examination | ||||||
12 | of any books, records or documents whatsoever.
| ||||||
13 | (4) If any witness whose testimony is required for any | ||||||
14 | investigation
resides outside the State, or through | ||||||
15 | illness or any other good cause as
determined by the | ||||||
16 | Director is unable to be interviewed by the investigator
or | ||||||
17 | appear at a fact finding conference, his or her testimony | ||||||
18 | or deposition
may be taken, within or without the State, in | ||||||
19 | the same manner as
provided for in the taking of | ||||||
20 | depositions in civil cases in circuit courts.
| ||||||
21 | (5) Upon reasonable notice to the complainant and the | ||||||
22 | respondent,
the Department shall conduct a fact finding | ||||||
23 | conference, unless prior to
100 days from the date on which | ||||||
24 | the charge was filed, the Director has
determined whether | ||||||
25 | there is substantial evidence that the alleged civil
rights | ||||||
26 | violation has been committed. A party's failure to attend |
| |||||||
| |||||||
1 | the
conference
without good cause may result in dismissal | ||||||
2 | or default. A notice of dismissal
or default shall be | ||||||
3 | issued by the Director and shall notify the relevant
party | ||||||
4 | that a request for review may be filed in writing with the | ||||||
5 | Commission
within 30 days of receipt of notice of dismissal | ||||||
6 | or default.
| ||||||
7 | (D) Report.
| ||||||
8 | (1) Each investigated charge shall be the subject of a
| ||||||
9 | report to the Director. The report shall be a confidential | ||||||
10 | document
subject to review by the Director, authorized | ||||||
11 | Department employees, the
parties, and, where indicated by | ||||||
12 | this Act, members of the Commission or
their designated | ||||||
13 | hearing officers.
| ||||||
14 | The report shall contain:
| ||||||
15 | (a) the names and dates of contacts with witnesses;
| ||||||
16 | (b) a summary and the date of correspondence and | ||||||
17 | other contacts with the
aggrieved party and the | ||||||
18 | respondent;
| ||||||
19 | (c) a summary description of other pertinent | ||||||
20 | records;
| ||||||
21 | (d) a summary of witness statements; and
| ||||||
22 | (e) answers to questionnaires.
| ||||||
23 | A final report under this paragraph may be amended if | ||||||
24 | additional evidence
is later discovered.
| ||||||
25 | (2) Upon review of the report and within 100 days of | ||||||
26 | the filing of the
charge, unless it is impracticable
to do |
| |||||||
| |||||||
1 | so, the Director shall determine whether there is | ||||||
2 | substantial
evidence that the alleged civil rights | ||||||
3 | violation has been committed or is
about to be committed.
| ||||||
4 | If the Director is unable to make the determination within | ||||||
5 | 100 days after
the filing of the charge, the Director shall | ||||||
6 | notify the complainant and
respondent in writing of the | ||||||
7 | reasons for not doing so. The Director's failure to make | ||||||
8 | the determination within 100 days after the proper filing | ||||||
9 | of the charge does not deprive the Department of | ||||||
10 | jurisdiction over the charge.
| ||||||
11 | (a) If the Director determines that there is no | ||||||
12 | substantial
evidence, the charge shall be dismissed | ||||||
13 | and the aggrieved party notified
that he or she may | ||||||
14 | seek review of the dismissal order before the
| ||||||
15 | Commission. The aggrieved party shall have 90 30 days | ||||||
16 | from receipt of notice
to file a request for review by | ||||||
17 | the Commission. The
Director shall make
public | ||||||
18 | disclosure of each such dismissal.
| ||||||
19 | (b) If the Director determines that there is | ||||||
20 | substantial evidence, he or
she shall immediately | ||||||
21 | issue a complaint on behalf of the aggrieved party
| ||||||
22 | pursuant to subsection (F).
| ||||||
23 | (E) Conciliation.
| ||||||
24 | (1) During the period beginning with the filing of
| ||||||
25 | charge and ending with the filing of a complaint or a | ||||||
26 | dismissal by the
Department, the Department shall, to the |
| |||||||
| |||||||
1 | extent feasible, engage in
conciliation with respect to | ||||||
2 | such charge.
| ||||||
3 | When the Department determines that a formal
| ||||||
4 | conciliation conference is feasible, the aggrieved party | ||||||
5 | and respondent
shall be notified of the time and place of | ||||||
6 | the conference by registered
or certified mail at least 7 | ||||||
7 | days prior thereto and either or both
parties shall appear | ||||||
8 | at the conference in person or by attorney.
| ||||||
9 | (2) The place fixed for the conference shall be within | ||||||
10 | 35 miles of
the place where the civil rights violation is | ||||||
11 | alleged to have been
committed.
| ||||||
12 | (3) Nothing occurring at the conference shall be made | ||||||
13 | public or used as
evidence in a subsequent proceeding for | ||||||
14 | the purpose of proving a violation
under this Act unless | ||||||
15 | the complainant and respondent agree in writing that
such | ||||||
16 | disclosure be made.
| ||||||
17 | (4) A conciliation agreement arising out of such | ||||||
18 | conciliation shall be
an agreement between the respondent | ||||||
19 | and the complainant, and shall be
subject to approval by | ||||||
20 | the Department and Commission.
| ||||||
21 | (5) A conciliation agreement may provide for binding | ||||||
22 | arbitration of the
dispute arising from the charge. Any | ||||||
23 | such arbitration that results from a
conciliation | ||||||
24 | agreement may award appropriate relief, including monetary | ||||||
25 | relief.
| ||||||
26 | (6) Each conciliation agreement shall be made public |
| |||||||
| |||||||
1 | unless the
complainant and respondent otherwise agree and | ||||||
2 | the Department determines
that disclosure is not required | ||||||
3 | to further the purpose of this Act.
| ||||||
4 | (F) Complaint.
| ||||||
5 | (1) When there is a failure to settle or adjust any
| ||||||
6 | charge through a conciliation conference and the charge is | ||||||
7 | not dismissed,
the Department shall prepare a
written | ||||||
8 | complaint, under oath or affirmation, stating the nature of | ||||||
9 | the
civil rights violation and the relief sought on behalf | ||||||
10 | of the aggrieved
party. Such complaint shall be based on | ||||||
11 | the final investigation report and
need not be limited to | ||||||
12 | the facts or grounds alleged in the charge filed
under | ||||||
13 | subsection (A).
| ||||||
14 | (2) The complaint shall be filed with the Commission.
| ||||||
15 | (3) The Department may not issue a complaint under this | ||||||
16 | Section
regarding an alleged civil rights violation after | ||||||
17 | the beginning of
the trial of a civil action commenced by | ||||||
18 | the aggrieved party under any
State or federal law, seeking | ||||||
19 | relief with respect to that alleged civil rights
violation.
| ||||||
20 | (G) Time Limit.
| ||||||
21 | (1) When a charge of a civil rights violation has been
| ||||||
22 | properly filed, the Department, within 100 days thereof, | ||||||
23 | unless it is
impracticable to do so,
shall either issue and | ||||||
24 | file a complaint in the manner and form set forth in
this | ||||||
25 | Section or shall order that no complaint be issued. Any | ||||||
26 | such order
shall be duly served upon both the aggrieved |
| |||||||
| |||||||
1 | party and the respondent. The Department's failure to | ||||||
2 | either issue and file a complaint or order that no | ||||||
3 | complaint be issued within 100 days after the proper filing | ||||||
4 | of the charge does not deprive the Department of | ||||||
5 | jurisdiction over the charge.
| ||||||
6 | (2) The Director shall make available to the aggrieved | ||||||
7 | party
and the respondent, at any time, upon request | ||||||
8 | following completion of the
Department's investigation, | ||||||
9 | information derived from an investigation and
any final | ||||||
10 | investigative report relating to that investigation.
| ||||||
11 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
12 | filed on or
after
January 1, 1996.
| ||||||
13 | (I) The changes made to this Section by Public Act 95-243 | ||||||
14 | this amendatory Act of the 95th General Assembly apply to | ||||||
15 | charges filed on or
after the effective date of those changes. | ||||||
16 | (J) The changes made to this Section by this amendatory Act | ||||||
17 | of the 96th General Assembly apply to charges filed on or
after | ||||||
18 | the effective date of those changes. | ||||||
19 | (K) Rulemaking authority to implement this amendatory Act | ||||||
20 | of the 96th General Assembly, if any, is conditioned on the | ||||||
21 | rules being adopted in accordance with all provisions of the | ||||||
22 | Illinois Administrative Procedure Act and all rules and | ||||||
23 | procedures of the Joint Committee on Administrative Rules; any | ||||||
24 | purported rule not so adopted, for whatever reason, is | ||||||
25 | unauthorized. | ||||||
26 | (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06; |
| |||||||
| |||||||
1 | 95-243, eff. 1-1-08.)
| ||||||
2 | (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| ||||||
3 | Sec. 8-103. Request for Review.
| ||||||
4 | (A) Jurisdiction. The Commission,
through a panel of three | ||||||
5 | members, shall have jurisdiction to hear and
determine requests | ||||||
6 | for review of (1) decisions of the Department to dismiss
a | ||||||
7 | charge; and (2) notices of default issued by the Department.
| ||||||
8 | In each instance, the Department shall be the respondent.
| ||||||
9 | (B) Review. When a request for review is properly filed, | ||||||
10 | the Commission
may consider the Department's report, any | ||||||
11 | argument and supplemental evidence
timely submitted, and the | ||||||
12 | results of any additional investigation conducted by
the
| ||||||
13 | Department in response to the request. In its discretion, the | ||||||
14 | Commission
may designate a hearing officer to conduct a hearing | ||||||
15 | into the factual basis
of the matter at issue.
| ||||||
16 | (C) Default Order. When a respondent fails to file a timely | ||||||
17 | request
for review of a notice of default, or the default is | ||||||
18 | sustained on review,
the Commission shall enter a default order | ||||||
19 | and notify the parties that the complainant has the right to | ||||||
20 | either commence a civil action in the appropriate circuit court | ||||||
21 | to determine the complainant's damages or request that the | ||||||
22 | Commission set a hearing on damages before one of its hearing | ||||||
23 | officers. The complainant shall have 90 days after receipt of | ||||||
24 | the Commission's default order to either commence a civil | ||||||
25 | action in the appropriate circuit court or request that the |
| |||||||
| |||||||
1 | Commission set a hearing on damages.
| ||||||
2 | (D) Time Period Toll. Proceedings on requests for review | ||||||
3 | shall toll
the time limitation established in paragraph (G) of | ||||||
4 | Section 7A-102 from
the date on which the Department's notice | ||||||
5 | of dismissal or default is issued
to the date
on which the | ||||||
6 | Commission's order is entered.
| ||||||
7 | (E) The changes made to this Section by Public Act 95-243 | ||||||
8 | this amendatory Act of the 95th General Assembly apply to | ||||||
9 | charges or complaints filed with the Department or Commission | ||||||
10 | on or
after the effective date of those changes. | ||||||
11 | (F) The changes made to this Section by this amendatory Act | ||||||
12 | of the 96th General Assembly apply to charges or complaints | ||||||
13 | filed with the Department or Commission on or
after the | ||||||
14 | effective date of those changes. | ||||||
15 | (G) Rulemaking authority to implement this amendatory Act | ||||||
16 | of the 96th General Assembly, if any, is conditioned on the | ||||||
17 | rules being adopted in accordance with all provisions of the | ||||||
18 | Illinois Administrative Procedure Act and all rules and | ||||||
19 | procedures of the Joint Committee on Administrative Rules; any | ||||||
20 | purported rule not so adopted, for whatever reason, is | ||||||
21 | unauthorized. | ||||||
22 | (Source: P.A. 95-243, eff. 1-1-08.)
| ||||||
23 | Section 90. Section 7-101.1 of the Illinois Human Rights | ||||||
24 | Act, as it existed immediately before its repeal by Public Act | ||||||
25 | 95-243, applies to charges that were filed under that Act |
| |||||||
| |||||||
1 | before January 1, 2008 and were pending on that date.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|