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1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-103, 2-105, 5A-101.1, 6-101, 7A-101,
67B-101, 7B-102, 8A-101, and 8B-101 and by adding Sections
73-102.10 and 6-101.5 as follows:
8    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
9    Sec. 1-103. General definitions. When used in this Act,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training
15or apprenticeship programs, for the purposes of Section 2-102,
16"age" means the chronological age of a person who is 18 but not
17yet 40 years old.
18    (B) Aggrieved party. "Aggrieved party" means a person who
19is alleged or proved to have been injured by a civil rights
20violation or believes he or she will be injured by a civil
21rights violation under Article 3 that is about to occur.
22    (B-5) Arrest record. "Arrest record" means:
23        (1) an arrest not leading to a conviction;



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1        (2) a juvenile record; or
2        (3) criminal history record information ordered
3    expunged, sealed, or impounded under Section 5.2 of the
4    Criminal Identification Act.
5    (C) Charge. "Charge" means an allegation filed with the
6Department by an aggrieved party or initiated by the
7Department under its authority.
8    (D) Civil rights violation. "Civil rights violation"
9includes and shall be limited to only those specific acts set
10forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
113-102.10 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
125A-102, 6-101, 6-101.5, and 6-102 of this Act.
13    (E) Commission. "Commission" means the Human Rights
14Commission created by this Act.
15    (F) Complaint. "Complaint" means the formal pleading filed
16by the Department with the Commission following an
17investigation and finding of substantial evidence of a civil
18rights violation.
19    (G) Complainant. "Complainant" means a person including
20the Department who files a charge of civil rights violation
21with the Department or the Commission.
22    (H) Department. "Department" means the Department of Human
23Rights created by this Act.
24    (I) Disability. "Disability" means a determinable physical
25or mental characteristic of a person, including, but not
26limited to, a determinable physical characteristic which



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1necessitates the person's use of a guide, hearing or support
2dog, the history of such characteristic, or the perception of
3such characteristic by the person complained against, which
4may result from disease, injury, congenital condition of birth
5or functional disorder and which characteristic:
6        (1) For purposes of Article 2, is unrelated to the
7    person's ability to perform the duties of a particular job
8    or position and, pursuant to Section 2-104 of this Act, a
9    person's illegal use of drugs or alcohol is not a
10    disability;
11        (2) For purposes of Article 3, is unrelated to the
12    person's ability to acquire, rent, or maintain a housing
13    accommodation;
14        (3) For purposes of Article 4, is unrelated to a
15    person's ability to repay;
16        (4) For purposes of Article 5, is unrelated to a
17    person's ability to utilize and benefit from a place of
18    public accommodation;
19        (5) For purposes of Article 5, also includes any
20    mental, psychological, or developmental disability,
21    including autism spectrum disorders.
22    (J) Marital status. "Marital status" means the legal
23status of being married, single, separated, divorced, or
25    (J-1) Military status. "Military status" means a person's
26status on active duty in or status as a veteran of the armed



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1forces of the United States, status as a current member or
2veteran of any reserve component of the armed forces of the
3United States, including the United States Army Reserve,
4United States Marine Corps Reserve, United States Navy
5Reserve, United States Air Force Reserve, and United States
6Coast Guard Reserve, or status as a current member or veteran
7of the Illinois Army National Guard or Illinois Air National
9    (K) National origin. "National origin" means the place in
10which a person or one of his or her ancestors was born.
11    (K-5) "Order of protection status" means a person's status
12as being a person protected under an order of protection
13issued pursuant to the Illinois Domestic Violence Act of 1986,
14Article 112A of the Code of Criminal Procedure of 1963, the
15Stalking No Contact Order Act, or the Civil No Contact Order
16Act, or an order of protection issued by a court of another
18    (L) Person. "Person" includes one or more individuals,
19partnerships, associations or organizations, labor
20organizations, labor unions, joint apprenticeship committees,
21or union labor associations, corporations, the State of
22Illinois and its instrumentalities, political subdivisions,
23units of local government, legal representatives, trustees in
24bankruptcy or receivers.
25    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
26or medical or common conditions related to pregnancy or



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2    (M) Public contract. "Public contract" includes every
3contract to which the State, any of its political
4subdivisions, or any municipal corporation is a party.
5    (N) Religion. "Religion" includes all aspects of religious
6observance and practice, as well as belief, except that with
7respect to employers, for the purposes of Article 2,
8"religion" has the meaning ascribed to it in paragraph (F) of
9Section 2-101.
10    (O) Sex. "Sex" means the status of being male or female.
11    (O-1) Sexual orientation. "Sexual orientation" means
12actual or perceived heterosexuality, homosexuality,
13bisexuality, or gender-related identity, whether or not
14traditionally associated with the person's designated sex at
15birth. "Sexual orientation" does not include a physical or
16sexual attraction to a minor by an adult.
17    (P) Unfavorable military discharge. "Unfavorable military
18discharge" includes discharges from the Armed Forces of the
19United States, their Reserve components, or any National Guard
20or Naval Militia which are classified as RE-3 or the
21equivalent thereof, but does not include those characterized
22as RE-4 or "Dishonorable".
23    (Q) Unlawful discrimination. "Unlawful discrimination"
24means discrimination against a person because of his or her
25actual or perceived: race, color, religion, national origin,
26ancestry, age, sex, marital status, order of protection



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1status, disability, military status, sexual orientation,
2pregnancy, or unfavorable discharge from military service as
3those terms are defined in this Section.
4(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
5101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
6    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
7    Sec. 2-105. Equal Employment Opportunities; Affirmative
9    (A) Public Contracts. Every party to a public contract and
10every eligible bidder shall:
11        (1) Refrain from unlawful discrimination and
12    discrimination based on citizenship status in employment
13    and undertake affirmative action to assure equality of
14    employment opportunity and eliminate the effects of past
15    discrimination;
16        (2) Comply with the procedures and requirements of the
17    Department's regulations concerning equal employment
18    opportunities and affirmative action;
19        (3) Provide such information, with respect to its
20    employees and applicants for employment, and assistance as
21    the Department may reasonably request;
22        (4) Have written sexual harassment policies that shall
23    include, at a minimum, the following information: (i) the
24    illegality of sexual harassment; (ii) the definition of
25    sexual harassment under State law; (iii) a description of



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1    sexual harassment, utilizing examples; (iv) the vendor's
2    internal complaint process including penalties; (v) the
3    legal recourse, investigative and complaint process
4    available through the Department and the Commission; (vi)
5    directions on how to contact the Department and
6    Commission; and (vii) protection against retaliation as
7    provided by Sections Section 6-101 and 6-101.5 of this
8    Act. A copy of the policies shall be provided to the
9    Department upon request. Additionally, each bidder who
10    submits a bid or offer for a State contract under the
11    Illinois Procurement Code shall have a written copy of the
12    bidder's sexual harassment policy as required under this
13    paragraph (4). A copy of the policy shall be provided to
14    the State agency entering into the contract upon request.
15    (B) State Agencies. Every State executive department,
16State agency, board, commission, and instrumentality shall:
17        (1) Comply with the procedures and requirements of the
18    Department's regulations concerning equal employment
19    opportunities and affirmative action;
20        (2) Provide such information and assistance as the
21    Department may request.
22        (3) Establish, maintain, and carry out a continuing
23    affirmative action plan consistent with this Act and the
24    regulations of the Department designed to promote equal
25    opportunity for all State residents in every aspect of
26    agency personnel policy and practice. For purposes of



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1    these affirmative action plans, the race and national
2    origin categories to be included in the plans are:
3    American Indian or Alaska Native, Asian, Black or African
4    American, Hispanic or Latino, Native Hawaiian or Other
5    Pacific Islander.
6        This plan shall include a current detailed status
7    report:
8            (a) indicating, by each position in State service,
9        the number, percentage, and average salary of
10        individuals employed by race, national origin, sex and
11        disability, and any other category that the Department
12        may require by rule;
13            (b) identifying all positions in which the
14        percentage of the people employed by race, national
15        origin, sex and disability, and any other category
16        that the Department may require by rule, is less than
17        four-fifths of the percentage of each of those
18        components in the State work force;
19            (c) specifying the goals and methods for
20        increasing the percentage by race, national origin,
21        sex and disability, and any other category that the
22        Department may require by rule, in State positions;
23            (d) indicating progress and problems toward
24        meeting equal employment opportunity goals, including,
25        if applicable, but not limited to, Department of
26        Central Management Services recruitment efforts,



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1        publicity, promotions, and use of options designating
2        positions by linguistic abilities;
3            (e) establishing a numerical hiring goal for the
4        employment of qualified persons with disabilities in
5        the agency as a whole, to be based on the proportion of
6        people with work disabilities in the Illinois labor
7        force as reflected in the most recent employment data
8        made available by the United States Census Bureau.
9        (4) If the agency has 1000 or more employees, appoint
10    a full-time Equal Employment Opportunity officer, subject
11    to the Department's approval, whose duties shall include:
12            (a) Advising the head of the particular State
13        agency with respect to the preparation of equal
14        employment opportunity programs, procedures,
15        regulations, reports, and the agency's affirmative
16        action plan.
17            (b) Evaluating in writing each fiscal year the
18        sufficiency of the total agency program for equal
19        employment opportunity and reporting thereon to the
20        head of the agency with recommendations as to any
21        improvement or correction in recruiting, hiring or
22        promotion needed, including remedial or disciplinary
23        action with respect to managerial or supervisory
24        employees who have failed to cooperate fully or who
25        are in violation of the program.
26            (c) Making changes in recruitment, training and



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1        promotion programs and in hiring and promotion
2        procedures designed to eliminate discriminatory
3        practices when authorized.
4            (d) Evaluating tests, employment policies,
5        practices and qualifications and reporting to the head
6        of the agency and to the Department any policies,
7        practices and qualifications that have unequal impact
8        by race, national origin as required by Department
9        rule, sex or disability or any other category that the
10        Department may require by rule, and to assist in the
11        recruitment of people in underrepresented
12        classifications. This function shall be performed in
13        cooperation with the State Department of Central
14        Management Services.
15            (e) Making any aggrieved employee or applicant for
16        employment aware of his or her remedies under this
17        Act.
18            In any meeting, investigation, negotiation,
19        conference, or other proceeding between a State
20        employee and an Equal Employment Opportunity officer,
21        a State employee (1) who is not covered by a collective
22        bargaining agreement and (2) who is the complaining
23        party or the subject of such proceeding may be
24        accompanied, advised and represented by (1) an
25        attorney licensed to practice law in the State of
26        Illinois or (2) a representative of an employee



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1        organization whose membership is composed of employees
2        of the State and of which the employee is a member. A
3        representative of an employee, other than an attorney,
4        may observe but may not actively participate, or
5        advise the State employee during the course of such
6        meeting, investigation, negotiation, conference or
7        other proceeding. Nothing in this Section shall be
8        construed to permit any person who is not licensed to
9        practice law in Illinois to deliver any legal services
10        or otherwise engage in any activities that would
11        constitute the unauthorized practice of law. Any
12        representative of an employee who is present with the
13        consent of the employee, shall not, during or after
14        termination of the relationship permitted by this
15        Section with the State employee, use or reveal any
16        information obtained during the course of the meeting,
17        investigation, negotiation, conference or other
18        proceeding without the consent of the complaining
19        party and any State employee who is the subject of the
20        proceeding and pursuant to rules and regulations
21        governing confidentiality of such information as
22        promulgated by the appropriate State agency.
23        Intentional or reckless disclosure of information in
24        violation of these confidentiality requirements shall
25        constitute a Class B misdemeanor.
26        (5) Establish, maintain and carry out a continuing



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1    sexual harassment program that shall include the
2    following:
3            (a) Develop a written sexual harassment policy
4        that includes at a minimum the following information:
5        (i) the illegality of sexual harassment; (ii) the
6        definition of sexual harassment under State law; (iii)
7        a description of sexual harassment, utilizing
8        examples; (iv) the agency's internal complaint process
9        including penalties; (v) the legal recourse,
10        investigative and complaint process available through
11        the Department and the Commission; (vi) directions on
12        how to contact the Department and Commission; and
13        (vii) protection against retaliation as provided by
14        Section 6-101 of this Act. The policy shall be
15        reviewed annually.
16            (b) Post in a prominent and accessible location
17        and distribute in a manner to assure notice to all
18        agency employees without exception the agency's sexual
19        harassment policy. Such documents may meet, but shall
20        not exceed, the 6th grade literacy level. Distribution
21        shall be effectuated within 90 days of the effective
22        date of this amendatory Act of 1992 and shall occur
23        annually thereafter.
24            (c) Provide training on sexual harassment
25        prevention and the agency's sexual harassment policy
26        as a component of all ongoing or new employee training



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1        programs.
2        (6) Notify the Department 30 days before effecting any
3    layoff. Once notice is given, the following shall occur:
4            (a) No layoff may be effective earlier than 10
5        working days after notice to the Department, unless an
6        emergency layoff situation exists.
7            (b) The State executive department, State agency,
8        board, commission, or instrumentality in which the
9        layoffs are to occur must notify each employee
10        targeted for layoff, the employee's union
11        representative (if applicable), and the State
12        Dislocated Worker Unit at the Department of Commerce
13        and Economic Opportunity.
14            (c) The State executive department, State agency,
15        board, commission, or instrumentality in which the
16        layoffs are to occur must conform to applicable
17        collective bargaining agreements.
18            (d) The State executive department, State agency,
19        board, commission, or instrumentality in which the
20        layoffs are to occur should notify each employee
21        targeted for layoff that transitional assistance may
22        be available to him or her under the Economic
23        Dislocation and Worker Adjustment Assistance Act
24        administered by the Department of Commerce and
25        Economic Opportunity. Failure to give such notice
26        shall not invalidate the layoff or postpone its



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1        effective date.
2     As used in this subsection (B), "disability" shall be
3defined in rules promulgated under the Illinois Administrative
4Procedure Act.
5    (C) Civil Rights Violations. It is a civil rights
6violation for any public contractor or eligible bidder to:
7        (1) fail to comply with the public contractor's or
8    eligible bidder's duty to refrain from unlawful
9    discrimination and discrimination based on citizenship
10    status in employment under subsection (A)(1) of this
11    Section; or
12        (2) fail to comply with the public contractor's or
13    eligible bidder's duties of affirmative action under
14    subsection (A) of this Section, provided however, that the
15    Department has notified the public contractor or eligible
16    bidder in writing by certified mail that the public
17    contractor or eligible bidder may not be in compliance
18    with affirmative action requirements of subsection (A). A
19    minimum of 60 days to comply with the requirements shall
20    be afforded to the public contractor or eligible bidder
21    before the Department may issue formal notice of
22    non-compliance.
23    (D) As used in this Section:
24        (1) "American Indian or Alaska Native" means a person
25    having origins in any of the original peoples of North and
26    South America, including Central America, and who



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1    maintains tribal affiliation or community attachment.
2        (2) "Asian" means a person having origins in any of
3    the original peoples of the Far East, Southeast Asia, or
4    the Indian subcontinent, including, but not limited to,
5    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
6    the Philippine Islands, Thailand, and Vietnam.
7        (3) "Black or African American" means a person having
8    origins in any of the black racial groups of Africa. Terms
9    such as "Haitian" or "Negro" can be used in addition to
10    "Black or African American".
11        (4) "Hispanic or Latino" means a person of Cuban,
12    Mexican, Puerto Rican, South or Central American, or other
13    Spanish culture or origin, regardless of race.
14        (5) "Native Hawaiian or Other Pacific Islander" means
15    a person having origins in any of the original peoples of
16    Hawaii, Guam, Samoa, or other Pacific Islands.
17(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)
18    (775 ILCS 5/3-102.10 new)
19    Sec. 3-102.10. Third-party loan modification service
21    (A) It is a civil rights violation for a third-party loan
22modification service provider, because of unlawful
23discrimination, familial status, or an arrest record, to:
24        (1) refuse to engage in loan modification services or
25    to discriminate in making such services available; or



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1        (2) alter the terms, conditions, or privileges of such
2    services.
3    (B) For purposes of this Section, "third-party loan
4modification service provider" means a person or entity,
5whether licensed or not, who, for or with the expectation of
6receiving consideration, provides assistance or services to a
7loan borrower to obtain a modification to a term of an existing
8real estate loan or to obtain foreclosure relief. "Third-party
9loan modification service provider" does not include lenders,
10brokers or appraisers of mortgage loans, or the servicers,
11subsidiaries, affiliates, or agents of the lender.
12    (775 ILCS 5/5A-101.1)
13    Sec. 5A-101.1. Notice.
14    (A) Every institution of higher education covered by this
15Act shall post in a prominent and accessible location a poster
16stating sexual harassment laws and policies. The poster shall
17be (i) posted and kept posted at each campus in common area
18positions easily accessible to all students including, but not
19limited to residence halls, administration buildings, student
20unions, cafeterias, and libraries or (ii) posted annually at
21each campus in common area positions easily accessible to all
22students including, but not limited to, residence halls,
23administration buildings, student unions, cafeterias, and
24libraries, with an electronic copy of the sexual harassment
25laws and policies also sent to each student at the time that



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1registration materials are emailed or (iii) on campuses that
2provide for online registration of student classes, such
3information pertaining to sexual harassment laws and policies
4may be incorporated into the registration process so that
5students must review the policies and laws and acknowledge
6such review, prior to being allowed to register. Documents to
7be posted shall be retrieved from the Illinois Department of
8Human Rights website to satisfy posting requirements. Posting
9of the posters shall be effectuated within 90 days of the
10effective date of this amendatory Act of the 96th General
11Assembly and shall occur annually thereafter.
12    (B) The posted sexual harassment poster shall include, at
13a minimum, the following information: (i) the illegality of
14sexual harassment in higher education; (ii) the definition of
15sexual harassment under State law; (iii) a description of
16sexual harassment, utilizing examples; (iv) the institution's
17internal complaint process including penalties; (v) the legal
18recourse, investigative and complaint process available
19through the Department of Human Rights; (vi) directions on how
20to contact the Department; and (vii) protection against
21retaliation as provided by Sections Section 6-101 and 6-101.5
22of this Act.
23    (C) Upon notification of a failure to post, the Department
24of Human Rights may launch a preliminary investigation. If the
25Department finds a failure to post, the Department may issue a
26notice to show cause giving the institution 30 days to correct



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1the failure to post. If the failure to post is not corrected,
2the Department may initiate a charge of a civil rights
4(Source: P.A. 96-574, eff. 8-18-09.)
5    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
6    Sec. 6-101. Additional civil rights violations under
7Articles 2, 4, 5, and 5A Additional Civil Rights Violations.
8It is a civil rights violation for a person, or for 2 two or
9more persons, to conspire, to:
10        (A) Retaliation. Retaliate against a person because he
11    or she has opposed that which he or she reasonably and in
12    good faith believes to be unlawful discrimination, sexual
13    harassment in employment, or sexual harassment in
14    elementary, secondary, and higher education, or
15    discrimination based on arrest record or citizenship
16    status in employment under Articles 2, 4, 5, and 5A,
17    because he or she has made a charge, filed a complaint,
18    testified, assisted, or participated in an investigation,
19    proceeding, or hearing under this Act, or because he or
20    she has requested, attempted to request, used, or
21    attempted to use a reasonable accommodation as allowed by
22    this Act;
23        (B) Aiding and Abetting; Coercion. Aid, abet, compel
24    or coerce a person to commit any violation of this Act;
25        (C) Interference. Wilfully interfere with the



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1    performance of a duty or the exercise of a power by the
2    Commission or one of its members or representatives or the
3    Department or one of its officers or employees.
4    Definitions. For the purposes of this Section, "sexual
5harassment" and "citizenship status" shall have the same
6meaning as defined in Section 2-101 of this Act.
7(Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15.)
8    (775 ILCS 5/6-101.5 new)
9    Sec. 6-101.5. Additional civil rights violations under
10Article 3. It is a civil rights violation for a person, or for
112 or more persons, to conspire, to:
12    (A) retaliate against a person because the person has
13opposed that which he or she reasonably and in good faith
14believes to be unlawful discrimination or discrimination based
15on familial status or arrest record in a real estate
16transaction under Article 3, because the person has made a
17charge, filed a complaint, testified, assisted, or
18participated in an investigation, proceeding, or hearing under
19this Act, or because the person has requested, attempted to
20request, used, or attempted to use a reasonable accommodation
21as allowed by this Act;
22    (B) aid, abet, compel, or coerce a person to commit any
23violation of this Act; or
24    (C) willfully interfere with the performance of a duty or
25the exercise of a power by the Commission or one of its members



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1or representatives or the Department or one of its officers or
3    For the purposes of this Section, "familial status" has
4the same meaning as defined in Section 3-101.
5    (775 ILCS 5/7A-101)  (from Ch. 68, par. 7A-101)
6    Sec. 7A-101. The procedures specified in this Article
7shall apply solely to Articles 2, 4, 5, and 5A and Sections
86-101 and 6-102 of Article 6.
9(Source: P.A. 86-910.)
10    (775 ILCS 5/7B-101)  (from Ch. 68, par. 7B-101)
11    Sec. 7B-101. The procedures specified in this Article
12shall apply solely to Article 3 and Section 6-101.5 of Article
14(Source: P.A. 86-910.)
15    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
16    Sec. 7B-102. Procedures.
17    (A) Charge.
18        (1) Within one year after the date that a civil rights
19    violation allegedly has been committed or terminated, a
20    charge in writing under oath or affirmation may be filed
21    with the Department by an aggrieved party or issued by the
22    Department itself under the signature of the Director.
23        (2) The charge shall be in such detail as to



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1    substantially apprise any party properly concerned as to
2    the time, place, and facts surrounding the alleged civil
3    rights violation.
4    (B) Notice and Response to Charge.
5        (1) The Department shall serve notice upon the
6    aggrieved party acknowledging such charge and advising the
7    aggrieved party of the time limits and choice of forums
8    provided under this Act. The Department shall, within 10
9    days of the date on which the charge was filed or the
10    identification of an additional respondent under paragraph
11    (2) of this subsection, serve on the respondent a copy of
12    the charge along with a notice identifying the alleged
13    civil rights violation and advising the respondent of the
14    procedural rights and obligations of respondents under
15    this Act and may require the respondent to file a response
16    to the allegations contained in the charge. Upon the
17    Department's request, the respondent shall file a response
18    to the charge within 30 days and shall serve a copy of its
19    response on the complainant or his or her representative.
20    Notwithstanding any request from the Department, the
21    respondent may elect to file a response to the charge
22    within 30 days of receipt of notice of the charge,
23    provided the respondent serves a copy of its response on
24    the complainant or his or her representative. All
25    allegations contained in the charge not denied by the
26    respondent within 30 days after the Department's request



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1    for a response may be deemed admitted, unless the
2    respondent states that it is without sufficient
3    information to form a belief with respect to such
4    allegation. The Department may issue a notice of default
5    directed to any respondent who fails to file a response to
6    a charge within 30 days of the Department's request,
7    unless the respondent can demonstrate good cause as to why
8    such notice should not issue. The term "good cause" shall
9    be defined by rule promulgated by the Department. Within
10    10 days of the date he or she receives the respondent's
11    response, the complainant may file his or her reply to
12    said response. If he or she chooses to file a reply, the
13    complainant shall serve a copy of said reply on the
14    respondent or his or her representative. A party may
15    supplement his or her response or reply at any time that
16    the investigation of the charge is pending.
17        (2) A person who is not named as a respondent in a
18    charge, but who is identified as a respondent in the
19    course of investigation, may be joined as an additional or
20    substitute respondent upon written notice, under
21    subsection (B), to such person, from the Department. Such
22    notice, in addition to meeting the requirements of
23    subsections (A) and (B), shall explain the basis for the
24    Department's belief that a person to whom the notice is
25    addressed is properly joined as a respondent.
26    (C) Investigation.



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1        (1) The Department shall conduct a full investigation
2    of the allegations set forth in the charge and complete
3    such investigation within 100 days after the filing of the
4    charge, unless it is impracticable to do so. The
5    Department's failure to complete the investigation within
6    100 days after the proper filing of the charge does not
7    deprive the Department of jurisdiction over the charge.
8        (2) If the Department is unable to complete the
9    investigation within 100 days after the charge is filed,
10    the Department shall notify the complainant and respondent
11    in writing of the reasons for not doing so. The failure of
12    the Department to notify the complainant or respondent in
13    writing of the reasons for not doing so shall not deprive
14    the Department of jurisdiction over the charge.
15        (3) The Director or his or her designated
16    representative shall have authority to request any member
17    of the Commission to issue subpoenas to compel the
18    attendance of a witness or the production for examination
19    of any books, records or documents whatsoever.
20        (4) If any witness whose testimony is required for any
21    investigation resides outside the State, or through
22    illness or any other good cause as determined by the
23    Director is unable to be interviewed by the investigator
24    or appear at a fact finding conference, his or her
25    testimony or deposition may be taken, within or without
26    the State, in the same manner as provided for in the taking



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1    of depositions in civil cases in circuit courts.
2        (5) Upon reasonable notice to the complainant and the
3    respondent, the Department may conduct a fact finding
4    conference. When requested by the Department, a party's
5    failure to attend the conference without good cause may
6    result in dismissal or default. A notice of dismissal or
7    default shall be issued by the Director and shall notify
8    the relevant party that a request for review may be filed
9    in writing with the Commission within 30 days of receipt
10    of notice of dismissal or default.
11    (D) Report.
12        (1) Each charge investigated under subsection (C)
13    shall be the subject of a report to the Director. The
14    report shall be a confidential document subject to review
15    by the Director, authorized Department employees, the
16    parties, and, where indicated by this Act, members of the
17    Commission or their designated hearing officers.
18            The report shall contain:
19            (a) the names and dates of contacts with
20        witnesses;
21            (b) a summary and the date of correspondence and
22        other contacts with the aggrieved party and the
23        respondent;
24            (c) a summary description of other pertinent
25        records;
26            (d) a summary of witness statements; and



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1            (e) answers to questionnaires.
2        A final report under this paragraph may be amended if
3    additional evidence is later discovered.
4        (2) Upon review of the report and within 100 days of
5    the filing of the charge, unless it is impracticable to do
6    so, the Director shall determine whether there is
7    substantial evidence that the alleged civil rights
8    violation has been committed or is about to be committed.
9    If the Director is unable to make the determination within
10    100 days after the filing of the charge, the Director
11    shall notify the complainant and respondent in writing of
12    the reasons for not doing so. The Director's failure to
13    make the determination within 100 days after the proper
14    filing of the charge does not deprive the Department of
15    jurisdiction over the charge.
16            (a) If the Director determines that there is no
17        substantial evidence, the charge shall be dismissed
18        and the aggrieved party notified that he or she may
19        seek review of the dismissal order before the
20        Commission. The aggrieved party shall have 90 days
21        from receipt of notice to file a request for review by
22        the Commission. The Director shall make public
23        disclosure of each such dismissal.
24            (b) If the Director determines that there is
25        substantial evidence, he or she shall immediately
26        issue a complaint on behalf of the aggrieved party



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1        pursuant to subsection (F).
2    (E) Conciliation.
3        (1) During the period beginning with the filing of
4    charge and ending with the filing of a complaint or a
5    dismissal by the Department, the Department shall, to the
6    extent feasible, engage in conciliation with respect to
7    such charge.
8        When the Department determines that a formal
9    conciliation conference is feasible, the aggrieved party
10    and respondent shall be notified of the time and place of
11    the conference by registered or certified mail at least 7
12    days prior thereto and either or both parties shall appear
13    at the conference in person or by attorney.
14        (2) The place fixed for the conference shall be within
15    35 miles of the place where the civil rights violation is
16    alleged to have been committed.
17        (3) Nothing occurring at the conference shall be made
18    public or used as evidence in a subsequent proceeding for
19    the purpose of proving a violation under this Act unless
20    the complainant and respondent agree in writing that such
21    disclosure be made.
22        (4) A conciliation agreement arising out of such
23    conciliation shall be an agreement between the respondent
24    and the complainant, and shall be subject to approval by
25    the Department and Commission.
26        (5) A conciliation agreement may provide for binding



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1    arbitration of the dispute arising from the charge. Any
2    such arbitration that results from a conciliation
3    agreement may award appropriate relief, including monetary
4    relief.
5        (6) Each conciliation agreement shall be made public
6    unless the complainant and respondent otherwise agree and
7    the Department determines that disclosure is not required
8    to further the purpose of this Act.
9    (F) Complaint.
10        (1) When there is a failure to settle or adjust any
11    charge through a conciliation conference and the charge is
12    not dismissed, the Department shall prepare a written
13    complaint, under oath or affirmation, stating the nature
14    of the civil rights violation and the relief sought on
15    behalf of the aggrieved party. Such complaint shall be
16    based on the final investigation report and need not be
17    limited to the facts or grounds alleged in the charge
18    filed under subsection (A).
19        (2) The complaint shall be filed with the Commission.
20        (3) The Department may not issue a complaint under
21    this Section regarding an alleged civil rights violation
22    after the beginning of the trial of a civil action
23    commenced by the aggrieved party under any State or
24    federal law, seeking relief with respect to that alleged
25    civil rights violation.
26    (G) Time Limit.



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1        (1) When a charge of a civil rights violation has been
2    properly filed, the Department, within 100 days thereof,
3    unless it is impracticable to do so, shall either issue
4    and file a complaint in the manner and form set forth in
5    this Section or shall order that no complaint be issued.
6    Any such order shall be duly served upon both the
7    aggrieved party and the respondent. The Department's
8    failure to either issue and file a complaint or order that
9    no complaint be issued within 100 days after the proper
10    filing of the charge does not deprive the Department of
11    jurisdiction over the charge.
12        (2) The Director shall make available to the aggrieved
13    party and the respondent, at any time, upon request
14    following completion of the Department's investigation,
15    information derived from an investigation and any final
16    investigative report relating to that investigation.
17    (H) This amendatory Act of 1995 applies to causes of
18action filed on or after January 1, 1996.
19    (I) The changes made to this Section by Public Act 95-243
20apply to charges filed on or after the effective date of those
22    (J) The changes made to this Section by this amendatory
23Act of the 96th General Assembly apply to charges filed on or
24after the effective date of those changes.
25(Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18;
26101-530, eff. 1-1-20.)



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1    (775 ILCS 5/8A-101)  (from Ch. 68, par. 8A-101)
2    Sec. 8A-101. This Article shall apply solely to Articles
32, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.
4(Source: P.A. 86-910.)
5    (775 ILCS 5/8B-101)  (from Ch. 68, par. 8B-101)
6    Sec. 8B-101. Applicability. The procedures and relief
7specified in this Article shall apply solely to complaints
8filed with the Human Rights Commission under Article 3 and
9Section 6-101.5 of Article 6.
10(Source: P.A. 86-910.)