Judiciary I - Civil Law Committee

Filed: 2/15/2006

 

 


 

 


 
09400HB4829ham001 LRB094 16490 WGH 55823 a

1
AMENDMENT TO HOUSE BILL 4829

2     AMENDMENT NO. ______. Amend House Bill 4829 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Human Rights Act is amended by
5 changing Section 7B-102 as follows:
 
6     (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
7     Sec. 7B-102. Procedures.
8     (A) Charge.
9         (1) Within one year after the date that a civil rights
10     violation allegedly has been committed or terminated, a
11     charge in writing under oath or affirmation may be filed
12     with the Department by an aggrieved party or issued by the
13     Department itself 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     (B) Notice and Response to Charge.
19         (1) The Department shall serve notice upon the
20     aggrieved party acknowledging such charge and advising the
21     aggrieved party of the time limits and choice of forums
22     provided under this Act. The Department shall, within 10
23     days of the date on which the charge was filed or the
24     identification of an additional respondent under paragraph

 

 

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1     (2) of this subsection, serve on the respondent a copy of
2     the charge along with a notice identifying the alleged
3     civil rights violation and advising the respondent of the
4     procedural rights and obligations of respondents under
5     this Act and shall require the respondent to file a
6     verified response to the allegations contained in the
7     charge within 30 days. The respondent shall serve a copy of
8     its response on the complainant or his representative. All
9     allegations contained in the charge not timely denied by
10     the respondent shall be deemed admitted, unless the
11     respondent states that it is without sufficient
12     information to form a belief with respect to such
13     allegation. The Department may issue a notice of default
14     directed to any respondent who fails to file a verified
15     response to a charge within 30 days of the date on which
16     the charge was filed, unless the respondent can demonstrate
17     good cause as to why such notice should not issue. The term
18     "good cause" shall be defined by rule promulgated by the
19     Department. Within 10 days of the date he receives the
20     respondent's response, the complainant may file his reply
21     to said response. If he chooses to file a reply, the
22     complainant shall serve a copy of said reply on the
23     respondent or his representative. A party shall have the
24     right to supplement his response or reply at any time that
25     the investigation of the charge is pending.
26         (2) A person who is not named as a respondent in a
27     charge, but who is identified as a respondent in the course
28     of investigation, may be joined as an additional or
29     substitute respondent upon written notice, under
30     subsection (B), to such person, from the Department. Such
31     notice, in addition to meeting the requirements of
32     subsections (A) and (B), shall explain the basis for the
33     Department's belief that a person to whom the notice is
34     addressed is properly joined as a respondent.

 

 

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1     (C) Investigation.
2         (1) The Department shall conduct a full investigation
3     of the allegations set forth in the charge and complete
4     such investigation within 100 days after the filing of the
5     charge, unless it is impracticable to do so. The
6     Department's failure to complete the investigation within
7     100 days after the proper filing of the charge does not
8     deprive the Department of jurisdiction over the charge.
9         (2) If the Department is unable to complete the
10     investigation within 100 days after the charge is filed,
11     the Department shall notify the complainant and respondent
12     in writing of the reasons for not doing so.
13         (3) The Director or his or her designated
14     representative shall have authority to request any member
15     of the Commission to issue subpoenas to compel the
16     attendance of a witness or the production for examination
17     of any books, records or documents whatsoever.
18         (4) If any witness whose testimony is required for any
19     investigation resides outside the State, or through
20     illness or any other good cause as determined by the
21     Director is unable to be interviewed by the investigator or
22     appear at a fact finding conference, his or her testimony
23     or deposition may be taken, within or without the State, in
24     the same manner as provided for in the taking of
25     depositions in civil cases in circuit courts.
26         (5) Upon reasonable notice to the complainant and the
27     respondent, the Department shall conduct a fact finding
28     conference, unless prior to 100 days from the date on which
29     the charge was filed, the Director has determined whether
30     there is substantial evidence that the alleged civil rights
31     violation has been committed. A party's failure to attend
32     the conference without good cause may result in dismissal
33     or default. A notice of dismissal or default shall be
34     issued by the Director and shall notify the relevant party

 

 

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1     that a request for review may be filed in writing with the
2     Chief Legal Counsel of the Department within 30 days of
3     receipt of notice of dismissal or default.
4     (D) Report.
5         (1) Each investigated charge shall be the subject of a
6     report to the Director. The report shall be a confidential
7     document subject to review by the Director, authorized
8     Department employees, the parties, and, where indicated by
9     this Act, members of the Commission or their designated
10     hearing officers.
11             The report shall contain:
12             (a) the names and dates of contacts with witnesses;
13             (b) a summary and the date of correspondence and
14         other contacts with the aggrieved party and the
15         respondent;
16             (c) a summary description of other pertinent
17         records;
18             (d) a summary of witness statements; and
19             (e) answers to questionnaires.
20         A final report under this paragraph may be amended if
21     additional evidence is later discovered.
22         (2) Upon review of the report and within 100 days of
23     the filing of the charge, unless it is impracticable to do
24     so, the Director shall determine whether there is
25     substantial evidence that the alleged civil rights
26     violation has been committed or is about to be committed.
27     If the Director is unable to make the determination within
28     100 days after the filing of the charge, the Director shall
29     notify the complainant and respondent in writing of the
30     reasons for not doing so. The Director's failure to make
31     the determination within 100 days after the proper filing
32     of the charge does not deprive the Department of
33     jurisdiction over the charge.
34             (a) If the Director determines that there is no

 

 

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1         substantial evidence, the charge shall be dismissed
2         and the aggrieved party notified that he or she may
3         seek review of the dismissal order before the
4         Commission. The aggrieved party shall have 30 days from
5         receipt of notice to file a request for review by the
6         Chief Legal Counsel of the Department. The Director
7         shall make public disclosure of each such dismissal.
8             (b) If the Director determines that there is
9         substantial evidence, he or she shall immediately
10         issue a complaint on behalf of the aggrieved party
11         pursuant to subsection (F).
12     (E) Conciliation.
13         (1) During the period beginning with the filing of
14     charge and ending with the filing of a complaint or a
15     dismissal by the Department, the Department shall, to the
16     extent feasible, engage in conciliation with respect to
17     such charge.
18         When the Department determines that a formal
19     conciliation conference is feasible, the aggrieved party
20     and respondent shall be notified of the time and place of
21     the conference by registered or certified mail at least 7
22     days prior thereto and either or both parties shall appear
23     at the conference in person or by attorney.
24         (2) The place fixed for the conference shall be within
25     35 miles of the place where the civil rights violation is
26     alleged to have been committed.
27         (3) Nothing occurring at the conference shall be made
28     public or used as evidence in a subsequent proceeding for
29     the purpose of proving a violation under this Act unless
30     the complainant and respondent agree in writing that such
31     disclosure be made.
32         (4) A conciliation agreement arising out of such
33     conciliation shall be an agreement between the respondent
34     and the complainant, and shall be subject to approval by

 

 

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1     the Department and Commission.
2         (5) A conciliation agreement may provide for binding
3     arbitration of the dispute arising from the charge. Any
4     such arbitration that results from a conciliation
5     agreement may award appropriate relief, including monetary
6     relief.
7         (6) Each conciliation agreement shall be made public
8     unless the complainant and respondent otherwise agree and
9     the Department determines that disclosure is not required
10     to further the purpose of this Act.
11     (F) Complaint.
12         (1) When there is a failure to settle or adjust any
13     charge through a conciliation conference and the charge is
14     not dismissed, the Department shall prepare a written
15     complaint, under oath or affirmation, stating the nature of
16     the civil rights violation and the relief sought on behalf
17     of the aggrieved party. Such complaint shall be based on
18     the final investigation report and need not be limited to
19     the facts or grounds alleged in the charge filed under
20     subsection (A).
21         (2) The complaint shall be filed with the Commission.
22         (3) The Department may not issue a complaint under this
23     Section regarding an alleged civil rights violation after
24     the beginning of the trial of a civil action commenced by
25     the aggrieved party under any State or federal law, seeking
26     relief with respect to that alleged civil rights violation.
27     (G) Time Limit.
28         (1) When a charge of a civil rights violation has been
29     properly filed, the Department, within 100 days thereof,
30     unless it is impracticable to do so, shall either issue and
31     file a complaint in the manner and form set forth in this
32     Section or shall order that no complaint be issued. Any
33     such order shall be duly served upon both the aggrieved
34     party and the respondent. The Department's failure to

 

 

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1     either issue and file a complaint or order that no
2     complaint be issued within 100 days after the proper filing
3     of the charge does not deprive the Department of
4     jurisdiction over the charge.
5         (2) The Director shall make available to the aggrieved
6     party and the respondent, at any time, upon request
7     following completion of the Department's investigation,
8     information derived from an investigation and any final
9     investigative report relating to that investigation.
10     (H) This amendatory Act of 1995 applies to causes of action
11 filed on or after January 1, 1996.
12 (Source: P.A. 94-326, eff. 7-26-05.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.".