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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 Section 8B-104 as follows:
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| 6 | (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
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| 7 | Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
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| 8 | violation, a hearing officer may recommend and the Commission | ||||||
| 9 | or any
three-member panel thereof may provide for any relief or | ||||||
| 10 | penalty
identified in this Section, separately or in | ||||||
| 11 | combination, by entering an
order directing the respondent to:
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| 12 | (A) Cease and Desist Order. Cease and desist from any | ||||||
| 13 | violation of
this Act.
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| 14 | (B) Actual Damages. Pay actual damages, as reasonably | ||||||
| 15 | determined by
the Commission, for injury or loss suffered by | ||||||
| 16 | the complainant.
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| 17 | (C) Civil Penalty. Pay a civil penalty to vindicate the | ||||||
| 18 | public interest:
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| 19 | (i) in an amount not exceeding $16,000 $10,000 if the | ||||||
| 20 | respondent has not been
adjudged to have committed any prior | ||||||
| 21 | civil rights violation under Article 3;
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| 22 | (ii) in an amount not exceeding $42,500 $25,000 if the | ||||||
| 23 | respondent has been
adjudged to have committed one other civil | ||||||
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| 1 | rights violation under Article 3 during
the 5-year period | ||||||
| 2 | ending on the date of the filing of this charge; and
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| 3 | (iii) in an amount not exceeding $70,000 $50,000 if the | ||||||
| 4 | respondent has been
adjudged to have committed 2 or more civil | ||||||
| 5 | rights violations under Article 3
during the 7-year period | ||||||
| 6 | ending on the date of the filing of this charge;
except that if | ||||||
| 7 | the acts constituting the civil rights violation
that is the | ||||||
| 8 | object of the charge are committed by the same natural person
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| 9 | who has been previously adjudged to have committed acts | ||||||
| 10 | constituting a
civil rights violation under Article 3, then the | ||||||
| 11 | civil penalties set forth in
subparagraphs (ii) and (iii) may | ||||||
| 12 | be imposed without regard to the period
of time within which | ||||||
| 13 | any subsequent civil rights violation under Article 3 occurred.
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| 14 | (D) Attorney Fees; Costs. Pay to the complainant all or a | ||||||
| 15 | portion
of the costs of maintaining the action, including | ||||||
| 16 | reasonable attorneys
fees and expert witness fees incurred in | ||||||
| 17 | maintaining this action before the
Department, the Commission | ||||||
| 18 | and in any judicial review and judicial
enforcement | ||||||
| 19 | proceedings.
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| 20 | (E) Compliance Report. Report as to the manner of | ||||||
| 21 | compliance.
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| 22 | (F) Posting of Notices. Post notices in a conspicuous place | ||||||
| 23 | which
the Commission may publish or cause to be published | ||||||
| 24 | setting forth
requirements for compliance with this Act or | ||||||
| 25 | other relevant information
which the Commission determines | ||||||
| 26 | necessary to explain this Act.
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| 1 | (G) Make Complainant Whole. Take such action as may be | ||||||
| 2 | necessary to make
the individual complainant whole, including, | ||||||
| 3 | but not limited to, awards of
interest on the complainant's | ||||||
| 4 | actual damages from the date of the
civil rights violation.
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| 5 | (Source: P.A. 86-910.)
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