HB0178 EnrolledLRB097 02687 AJO 42706 b

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 7A-102 and 7B-102 as follows:
 
6    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
7    Sec. 7A-102. Procedures.
8    (A) Charge.
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
19charge filed with the Equal Employment Opportunity Commission
20within 180 days after the date of the alleged civil rights
21violation shall be deemed filed with the Department on the date
22filed with the Equal Employment Opportunity Commission. Upon
23receipt of a charge filed with the Equal Employment Opportunity

 

 

HB0178 Enrolled- 2 -LRB097 02687 AJO 42706 b

1Commission, the Department shall notify the complainant that he
2or she may proceed with the Department. The complainant must
3notify the Department of his or her decision in writing within
435 days of receipt of the Department's notice to the
5complainant and the Department shall close the case if the
6complainant does not do so. If the complainant proceeds with
7the Department, the Department shall take no action until the
8Equal Employment Opportunity Commission makes a determination
9on the charge. Upon receipt of the Equal Employment Opportunity
10Commission's determination, the Department shall cause the
11charge to be filed under oath or affirmation and to be in such
12detail as provided for under subparagraph (2) of paragraph (A).
13At the Department's discretion, the Department shall either
14adopt the Equal Employment Opportunity Commission's
15determination or process the charge pursuant to this Act.
16Adoption of the Equal Employment Opportunity Commission's
17determination shall be deemed a determination by the Department
18for all purposes under this Act.
19    (B) Notice and Response to Charge. The Department shall,
20within 10 days of the date on which the charge was filed, serve
21a copy of the charge on the respondent. This period shall not
22be construed to be jurisdictional. The charging party and the
23respondent may each file a position statement and other
24materials with the Department regarding the charge of alleged
25discrimination within 60 days of receipt of the notice of the
26charge. The position statements and other materials filed shall

 

 

HB0178 Enrolled- 3 -LRB097 02687 AJO 42706 b

1remain confidential unless otherwise agreed to by the party
2providing the information and shall not be served on or made
3available to the other party during pendency of a charge with
4the Department. The Department shall require the respondent to
5file a verified response to the allegations contained in the
6charge within 60 days of receipt of the notice of the charge.
7The respondent shall serve a copy of its response on the
8complainant or his representative. All allegations contained
9in the charge not timely denied by the respondent shall be
10deemed admitted, unless the respondent states that it is
11without sufficient information to form a belief with respect to
12such allegation. The Department may issue a notice of default
13directed to any respondent who fails to file a verified
14response to a charge within 60 days of receipt of the notice of
15the charge, unless the respondent can demonstrate good cause as
16to why such notice should not issue. The term "good cause"
17shall be defined by rule promulgated by the Department. Within
1830 days of receipt of the respondent's response, the
19complainant may file a reply to said response and shall serve a
20copy of said reply on the respondent or his representative. A
21party shall have the right to supplement his response or reply
22at any time that the investigation of the charge is pending.
23The Department shall, within 10 days of the date on which the
24charge was filed, and again no later than 335 days thereafter,
25send by certified or registered mail written notice to the
26complainant and to the respondent informing the complainant of

 

 

HB0178 Enrolled- 4 -LRB097 02687 AJO 42706 b

1the complainant's right to either file a complaint with the
2Human Rights Commission or commence a civil action in the
3appropriate circuit court under subparagraph (2) of paragraph
4(G), including in such notice the dates within which the
5complainant may exercise this right. In the notice the
6Department shall notify the complainant that the charge of
7civil rights violation will be dismissed with prejudice and
8with no right to further proceed if a written complaint is not
9timely filed with the Commission or with the appropriate
10circuit court by the complainant pursuant to subparagraph (2)
11of paragraph (G) or by the Department pursuant to subparagraph
12(1) of paragraph (G).
13    (B-1) Mediation. The complainant and respondent may agree
14to voluntarily submit the charge to mediation without waiving
15any rights that are otherwise available to either party
16pursuant to this Act and without incurring any obligation to
17accept the result of the mediation process. Nothing occurring
18in mediation shall be disclosed by the Department or admissible
19in evidence in any subsequent proceeding unless the complainant
20and the respondent agree in writing that such disclosure be
21made.
22    (C) Investigation.
23        (1) After the respondent has been notified, the
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

 

 

HB0178 Enrolled- 5 -LRB097 02687 AJO 42706 b

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.
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.
13        (4) Upon reasonable notice to the complainant and the
14    respondent, the Department shall conduct a fact finding
15    conference, unless prior to 365 days after the date on
16    which the charge was filed, unless the Director has
17    determined whether there is substantial evidence that the
18    alleged civil rights violation has been committed, or the
19    charge has been dismissed for lack of jurisdiction, or the
20    parties voluntarily and in writing agree to waive the fact
21    finding conference. If the parties agree in writing, the
22    fact finding conference may be held at a time after the 365
23    day limit. Any party's failure to attend the conference
24    without good cause shall result in dismissal or default.
25    The term "good cause" shall be defined by rule promulgated
26    by the Department. A notice of dismissal or default shall

 

 

HB0178 Enrolled- 6 -LRB097 02687 AJO 42706 b

1    be issued by the Director. The notice of default issued by
2    the Director shall notify the respondent that a request for
3    review may be filed in writing with the Commission within
4    30 days of receipt of notice of default. The notice of
5    dismissal issued by the Director shall give the complainant
6    notice of his or her right to seek review of the dismissal
7    before the Human Rights Commission or commence a civil
8    action in the appropriate circuit court. If the complainant
9    chooses to have the Human Rights Commission review the
10    dismissal order, he or she shall file a request for review
11    with the Commission within 90 days after receipt of the
12    Director's notice. If the complainant chooses to file a
13    request for review with the Commission, he or she may not
14    later commence a civil action in a circuit court. If the
15    complainant chooses to commence a civil action in a circuit
16    court, he or she must do so within 90 days after receipt of
17    the Director's notice.
18    (D) Report.
19        (1) Each charge shall be the subject of a report to the
20    Director. The report shall be a confidential document
21    subject to review by the Director, authorized Department
22    employees, the parties, and, where indicated by this Act,
23    members of the Commission or their designated hearing
24    officers.
25        (2) Upon review of the report, the Director shall
26    determine whether there is substantial evidence that the

 

 

HB0178 Enrolled- 7 -LRB097 02687 AJO 42706 b

1    alleged civil rights violation has been committed. The
2    determination of substantial evidence is limited to
3    determining the need for further consideration of the
4    charge pursuant to this Act and includes, but is not
5    limited to, findings of fact and conclusions, as well as
6    the reasons for the determinations on all material issues.
7    Substantial evidence is evidence which a reasonable mind
8    accepts as sufficient to support a particular conclusion
9    and which consists of more than a mere scintilla but may be
10    somewhat less than a preponderance.
11        (3) If the Director determines that there is no
12    substantial evidence, the charge shall be dismissed by
13    order of the Director and the Director shall give the
14    complainant notice of his or her right to seek review of
15    the dismissal order before the Commission or commence a
16    civil action in the appropriate circuit court. If the
17    complainant chooses to have the Human Rights Commission
18    review the dismissal order, he or she shall file a request
19    for review with the Commission within 90 days after receipt
20    of the Director's notice. If the complainant chooses to
21    file a request for review with the Commission, he or she
22    may not later commence a civil action in a circuit court.
23    If the complainant chooses to commence a civil action in a
24    circuit court, he or she must do so within 90 days after
25    receipt of the Director's notice.
26        (4) If the Director determines that there is

 

 

HB0178 Enrolled- 8 -LRB097 02687 AJO 42706 b

1    substantial evidence, he or she shall notify the
2    complainant and respondent of that determination. The
3    Director shall also notify the parties that the complainant
4    has the right to either commence a civil action in the
5    appropriate circuit court or request that the Department of
6    Human Rights file a complaint with the Human Rights
7    Commission on his or her behalf. Any such complaint shall
8    be filed within 90 days after receipt of the Director's
9    notice. If the complainant chooses to have the Department
10    file a complaint with the Human Rights Commission on his or
11    her behalf, the complainant must, within 30 days after
12    receipt of the Director's notice, request in writing that
13    the Department file the complaint. If the complainant
14    timely requests that the Department file the complaint, the
15    Department shall file the complaint on his or her behalf.
16    If the complainant fails to timely request that the
17    Department file the complaint, the complainant may file his
18    or her complaint with the Commission or commence a civil
19    action in the appropriate circuit court. If the complainant
20    files a complaint with the Human Rights Commission, the
21    complainant shall give notice to the Department of the
22    filing of the complaint with the Human Rights Commission.
23    (E) Conciliation.
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

 

 

HB0178 Enrolled- 9 -LRB097 02687 AJO 42706 b

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.
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.
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

 

 

HB0178 Enrolled- 10 -LRB097 02687 AJO 42706 b

1    with the Commission.
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.
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

 

 

HB0178 Enrolled- 11 -LRB097 02687 AJO 42706 b

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.

 

 

HB0178 Enrolled- 12 -LRB097 02687 AJO 42706 b

1    (H) This amendatory Act of 1995 applies to causes of action
2filed on or after January 1, 1996.
3    (I) This amendatory Act of 1996 applies to causes of action
4filed on or after January 1, 1996.
5    (J) The changes made to this Section by Public Act 95-243
6apply to charges filed on or after the effective date of those
7changes.
8    (K) The changes made to this Section by this amendatory Act
9of the 96th General Assembly apply to charges filed on or after
10the effective date of those changes.
11(Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
 
12    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
13    Sec. 7B-102. Procedures.
14    (A) Charge.
15        (1) Within one year after the date that a civil rights
16    violation allegedly has been committed or terminated, a
17    charge in writing under oath or affirmation may be filed
18    with the Department by an aggrieved party or issued by the
19    Department itself under the signature of the Director.
20        (2) The charge shall be in such detail as to
21    substantially apprise any party properly concerned as to
22    the time, place, and facts surrounding the alleged civil
23    rights violation.
24    (B) Notice and Response to Charge.
25        (1) The Department shall serve notice upon the

 

 

HB0178 Enrolled- 13 -LRB097 02687 AJO 42706 b

1    aggrieved party acknowledging such charge and advising the
2    aggrieved party of the time limits and choice of forums
3    provided under this Act. The Department shall, within 10
4    days of the date on which the charge was filed or the
5    identification of an additional respondent under paragraph
6    (2) of this subsection, serve on the respondent a copy of
7    the charge along with a notice identifying the alleged
8    civil rights violation and advising the respondent of the
9    procedural rights and obligations of respondents under
10    this Act and shall require the respondent to file a
11    verified response to the allegations contained in the
12    charge within 30 days. The respondent shall serve a copy of
13    its response on the complainant or his representative. All
14    allegations contained in the charge not timely denied by
15    the respondent shall be deemed admitted, unless the
16    respondent states that it is without sufficient
17    information to form a belief with respect to such
18    allegation. The Department may issue a notice of default
19    directed to any respondent who fails to file a verified
20    response to a charge within 30 days of the date on which
21    the charge was filed, unless the respondent can demonstrate
22    good cause as to why such notice should not issue. The term
23    "good cause" shall be defined by rule promulgated by the
24    Department. Within 10 days of the date he receives the
25    respondent's response, the complainant may file his reply
26    to said response. If he chooses to file a reply, the

 

 

HB0178 Enrolled- 14 -LRB097 02687 AJO 42706 b

1    complainant shall serve a copy of said reply on the
2    respondent or his representative. A party shall have the
3    right to supplement his response or reply at any time that
4    the investigation of the charge is pending.
5        (2) A person who is not named as a respondent in a
6    charge, but who is identified as a respondent in the course
7    of investigation, may be joined as an additional or
8    substitute respondent upon written notice, under
9    subsection (B), to such person, from the Department. Such
10    notice, in addition to meeting the requirements of
11    subsections (A) and (B), shall explain the basis for the
12    Department's belief that a person to whom the notice is
13    addressed is properly joined as a respondent.
14    (C) Investigation.
15        (1) The Department shall conduct a full investigation
16    of the allegations set forth in the charge and complete
17    such investigation within 100 days after the filing of the
18    charge, unless it is impracticable to do so. The
19    Department's failure to complete the investigation within
20    100 days after the proper filing of the charge does not
21    deprive the Department of jurisdiction over the charge.
22        (2) If the Department is unable to complete the
23    investigation within 100 days after the charge is filed,
24    the Department shall notify the complainant and respondent
25    in writing of the reasons for not doing so.
26        (3) The Director or his or her designated

 

 

HB0178 Enrolled- 15 -LRB097 02687 AJO 42706 b

1    representative 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.
5        (4) 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 provided for in the taking of
12    depositions in civil cases in circuit courts.
13        (5) Upon reasonable notice to the complainant and the
14    respondent, the Department shall conduct a fact finding
15    conference, unless prior to 100 days from the date on which
16    the charge was filed, the Director has determined whether
17    there is substantial evidence that the alleged civil rights
18    violation has been committed or the parties voluntarily and
19    in writing agree to waive the fact finding conference. A
20    party's failure to attend the conference without good cause
21    may result in dismissal or default. A notice of dismissal
22    or default shall be issued by the Director and shall notify
23    the relevant party that a request for review may be filed
24    in writing with the Commission within 30 days of receipt of
25    notice of dismissal or default.
26    (D) Report.

 

 

HB0178 Enrolled- 16 -LRB097 02687 AJO 42706 b

1        (1) Each investigated charge shall be the subject of a
2    report to the Director. The report shall be a confidential
3    document subject to review by the Director, authorized
4    Department employees, the parties, and, where indicated by
5    this Act, members of the Commission or their designated
6    hearing officers.
7            The report shall contain:
8            (a) the names and dates of contacts with witnesses;
9            (b) a summary and the date of correspondence and
10        other contacts with the aggrieved party and the
11        respondent;
12            (c) a summary description of other pertinent
13        records;
14            (d) a summary of witness statements; and
15            (e) answers to questionnaires.
16        A final report under this paragraph may be amended if
17    additional evidence is later discovered.
18        (2) Upon review of the report and within 100 days of
19    the filing of the charge, unless it is impracticable to do
20    so, the Director shall determine whether there is
21    substantial evidence that the alleged civil rights
22    violation has been committed or is about to be committed.
23    If the Director is unable to make the determination within
24    100 days after the filing of the charge, the Director shall
25    notify the complainant and respondent in writing of the
26    reasons for not doing so. The Director's failure to make

 

 

HB0178 Enrolled- 17 -LRB097 02687 AJO 42706 b

1    the determination within 100 days after the proper filing
2    of the charge does not deprive the Department of
3    jurisdiction over the charge.
4            (a) If the Director determines that there is no
5        substantial evidence, the charge shall be dismissed
6        and the aggrieved party notified that he or she may
7        seek review of the dismissal order before the
8        Commission. The aggrieved party shall have 90 days from
9        receipt of notice to file a request for review by the
10        Commission. The Director shall make public disclosure
11        of each such dismissal.
12            (b) If the Director determines that there is
13        substantial evidence, he or she shall immediately
14        issue a complaint on behalf of the aggrieved party
15        pursuant to subsection (F).
16    (E) Conciliation.
17        (1) During the period beginning with the filing of
18    charge and ending with the filing of a complaint or a
19    dismissal by the Department, the Department shall, to the
20    extent feasible, engage in conciliation with respect to
21    such charge.
22        When the Department determines that a formal
23    conciliation conference is feasible, the aggrieved party
24    and respondent shall be notified of the time and place of
25    the conference by registered or certified mail at least 7
26    days prior thereto and either or both parties shall appear

 

 

HB0178 Enrolled- 18 -LRB097 02687 AJO 42706 b

1    at the conference in person or by attorney.
2        (2) The place fixed for the conference shall be within
3    35 miles of the place where the civil rights violation is
4    alleged to have been committed.
5        (3) Nothing occurring at the conference shall be made
6    public or used as evidence in a subsequent proceeding for
7    the purpose of proving a violation under this Act unless
8    the complainant and respondent agree in writing that such
9    disclosure be made.
10        (4) A conciliation agreement arising out of such
11    conciliation shall be an agreement between the respondent
12    and the complainant, and shall be subject to approval by
13    the Department and Commission.
14        (5) A conciliation agreement may provide for binding
15    arbitration of the dispute arising from the charge. Any
16    such arbitration that results from a conciliation
17    agreement may award appropriate relief, including monetary
18    relief.
19        (6) Each conciliation agreement shall be made public
20    unless the complainant and respondent otherwise agree and
21    the Department determines that disclosure is not required
22    to further the purpose of this Act.
23    (F) Complaint.
24        (1) When there is a failure to settle or adjust any
25    charge through a conciliation conference and the charge is
26    not dismissed, the Department shall prepare a written

 

 

HB0178 Enrolled- 19 -LRB097 02687 AJO 42706 b

1    complaint, under oath or affirmation, stating the nature of
2    the civil rights violation and the relief sought on behalf
3    of the aggrieved party. Such complaint shall be based on
4    the final investigation report and need not be limited to
5    the facts or grounds alleged in the charge filed under
6    subsection (A).
7        (2) The complaint shall be filed with the Commission.
8        (3) The Department may not issue a complaint under this
9    Section regarding an alleged civil rights violation after
10    the beginning of the trial of a civil action commenced by
11    the aggrieved party under any State or federal law, seeking
12    relief with respect to that alleged civil rights violation.
13    (G) Time Limit.
14        (1) When a charge of a civil rights violation has been
15    properly filed, the Department, within 100 days thereof,
16    unless it is impracticable to do so, shall either issue and
17    file a complaint in the manner and form set forth in this
18    Section or shall order that no complaint be issued. Any
19    such order shall be duly served upon both the aggrieved
20    party and the respondent. The Department's failure to
21    either issue and file a complaint or order that no
22    complaint be issued within 100 days after the proper filing
23    of the charge does not deprive the Department of
24    jurisdiction over the charge.
25        (2) The Director shall make available to the aggrieved
26    party and the respondent, at any time, upon request

 

 

HB0178 Enrolled- 20 -LRB097 02687 AJO 42706 b

1    following completion of the Department's investigation,
2    information derived from an investigation and any final
3    investigative report relating to that investigation.
4    (H) This amendatory Act of 1995 applies to causes of action
5filed on or after January 1, 1996.
6    (I) The changes made to this Section by Public Act 95-243
7apply to charges filed on or after the effective date of those
8changes.
9    (J) The changes made to this Section by this amendatory Act
10of the 96th General Assembly apply to charges filed on or after
11the effective date of those changes.
12(Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)