HB4139 96TH GENERAL ASSEMBLY

LRB096 04428 AJO 14479 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4139

Introduced 2/27/2009, by Rep. Timothy L. Schmitz

SYNOPSIS AS INTRODUCED:

775 ILCS 5/7-113 new
775 ILCS 5/8A-104	from Ch. 68, par. 8A-104
775 ILCS 5/8B-104	from Ch. 68, par. 8B-104

Amends the Illinois Human Rights Act. Provides that the Department of Human Rights must charge the complainant a fee of $100 for filing a charge, that the fee must be paid in advance, and that it may not be waived. Provides that if a complainant who has filed a charge with the Equal Employment Opportunity Commission notifies the Department of his or her decision to proceed with the Department, the Department shall charge the complainant the filing fee and the Department shall close the case if the complainant does not pay the filing fee. Provides that no filing fee may be imposed when a charge is issued by the Department itself under the signature of the Director of Human Rights. Provides that the Department may not charge a respondent a filing fee for filing a response, appearance, or other pleading. Provides that the Human Rights Commission, upon finding a civil rights violation, may direct the respondent to pay the amount of the filing fee to the complainant.

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Human Rights Act is amended by adding Section 7-113 and changing Sections 8A-104 and 8B-104 as follows:

(775 ILCS 5/7-113 new)

Sec. 7-113. Filing fee.

(a) As used in this Section, "complainant" includes the terms "complainant", "aggrieved party", and "charging party" as used in Articles 7A and 7B.

(b) Except as otherwise provided in this Section, the Department must charge the complainant a fee of $100 for filing a charge on or after the effective date of this amendatory Act of the 96th General Assembly under Article 7A or 7B. The fee must be paid in advance. The fee may not be waived.

(c) If a complainant who has filed a charge with the Equal Employment Opportunity Commission notifies the Department under Section 7A-102(A-1) of his or her decision to proceed with the Department, the Department shall charge the complainant the filing fee as set forth in subsection (b) and the Department shall close the case if the complainant does not pay the fee.

(c) No filing fee may be imposed when a charge is issued by the Department itself under the signature of the Director under Section 7A-102(A)(1) or 7B-102(A)(1).

(d) The Department may not charge a respondent a filing fee for filing a response, appearance, or other pleading under Article 7A or 7B.

(775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)

Sec. 8A-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.

(B) Actual Damages. Pay actual damages, as reasonably determined by the Commission, for injury or loss suffered by the complainant.

(C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits. Hire, reinstate or upgrade the complainant with or without back pay or provide such fringe benefits as the complainant may have been denied.

(D) Restoration of Membership; Admission To Programs. Admit or restore the complainant to labor organization membership, to a guidance program, apprenticeship training program, on the job training program, or other occupational training or retraining program.

(E) Public Accommodations. Admit the complainant to a public accommodation.

(F) Services. Extend to the complainant the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent.

(G) Attorneys Fees; Costs. Pay to the complainant all or a portion of the costs of maintaining the action, including any filing fee paid under Section 7-113, reasonable attorney fees and expert witness fees incurred in maintaining this action before the Department, the Commission and in any judicial review and judicial enforcement proceedings. Provided, however, that no award of attorney fees or costs shall be made pursuant to this amendatory Act of 1987 with respect to any charge for which the complaint before the Commission was filed prior to December 1, 1987. With respect to all charges for which complaints were filed with the Commission prior to December 1, 1987, attorney fees and costs shall be awarded pursuant to the terms of this subsection as it existed prior to revision by this amendatory Act of 1987.

(H) Compliance Report. Report as to the manner of compliance.

(I) 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.

(J) Make Complainant Whole. Take such action as may be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant's actual damages and backpay from the date of the civil rights violation. Provided, however, that no award of prejudgment interest shall be made pursuant to this amendatory Act of 1987 with respect to any charge in which the complaint before the Commission was filed prior to December 1, 1987. With respect to all charges for which complaints were filed with the Commission prior to December 1, 1987, make whole relief shall be awarded pursuant to this subsection as it existed prior to revision by this amendatory Act of 1987.

There shall be no distinction made under this Section between complaints filed by the Department and those filed by the aggrieved party.

(Source: P.A. 86-910.)

(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)

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.

(B) Actual Damages. Pay actual damages, as reasonably determined by the Commission, for injury or loss suffered by the complainant.

(C) Civil Penalty. Pay a civil penalty to vindicate the public interest:

(i) in an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior civil rights violation under Article 3;

(ii) in an amount not exceeding $25,000 if the 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

(iii) in an amount not exceeding $50,000 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.

(D) Attorney Fees; Costs. Pay to the complainant all or a portion of the costs of maintaining the action, including any filing fee paid under Section 7-113, 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.

(E) Compliance Report. Report as to the manner of compliance.

(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.

(G) Make Complainant Whole. Take such action as may 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.

(Source: P.A. 86-910.)