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Full Text of HB2061  101st General Assembly

HB2061 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2061

 

Introduced , by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/7A-102  from Ch. 68, par. 7A-102

    Amends the Illinois Human Rights Act. Provides that charges alleging a violation under provisions concerning employment may be filed and deemed timely if filed within 3 years after the date of the alleged violation. Effective immediately.


LRB101 05891 LNS 50912 b

 

 

A BILL FOR

 

HB2061LRB101 05891 LNS 50912 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 Section 7A-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) Except as provided in paragraph (4), within Within
10    300 calendar days after the date that a civil rights
11    violation allegedly has been committed, a charge in writing
12    under oath or affirmation may be filed with the Department
13    by an aggrieved party or issued by the Department itself
14    under the signature of the Director.
15        (2) The charge shall be in such detail as to
16    substantially apprise any party properly concerned as to
17    the time, place, and facts surrounding the alleged civil
18    rights violation.
19        (3) Charges deemed filed with the Department pursuant
20    to subsection (A-1) of this Section shall be deemed to be
21    in compliance with this subsection.
22    (4) Charges alleging a violation under Article 2 of this
23Act may be filed and deemed timely if filed within 3 years

 

 

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1after the date of the alleged violation. The changes made to
2this Section by this amendatory Act of the 101st General
3Assembly apply to charges filed on or after the effective date
4of this amendatory Act of the 101st General Assembly.
5    (A-1) Equal Employment Opportunity Commission Charges.
6        (1) If a charge is filed with the Equal Employment
7    Opportunity Commission (EEOC) within 300 calendar days
8    after the date of the alleged civil rights violation, the
9    charge shall be deemed filed with the Department on the
10    date filed with the EEOC. If the EEOC is the governmental
11    agency designated to investigate the charge first, the
12    Department shall take no action until the EEOC makes a
13    determination on the charge and after the complainant
14    notifies the Department of the EEOC's determination. In
15    such cases, after receiving notice from the EEOC that a
16    charge was filed, the Department shall notify the parties
17    that (i) a charge has been received by the EEOC and has
18    been sent to the Department for dual filing purposes; (ii)
19    the EEOC is the governmental agency responsible for
20    investigating the charge and that the investigation shall
21    be conducted pursuant to the rules and procedures adopted
22    by the EEOC; (iii) it will take no action on the charge
23    until the EEOC issues its determination; (iv) the
24    complainant must submit a copy of the EEOC's determination
25    within 30 days after service of the determination by the
26    EEOC on complainant; and (v) that the time period to

 

 

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1    investigate the charge contained in subsection (G) of this
2    Section is tolled from the date on which the charge is
3    filed with the EEOC until the EEOC issues its
4    determination.
5        (2) If the EEOC finds reasonable cause to believe that
6    there has been a violation of federal law and if the
7    Department is timely notified of the EEOC's findings by
8    complainant, the Department shall notify complainant that
9    the Department has adopted the EEOC's determination of
10    reasonable cause and that complainant has the right, within
11    90 days after receipt of the Department's notice, to either
12    file his or her own complaint with the Illinois Human
13    Rights Commission or commence a civil action in the
14    appropriate circuit court or other appropriate court of
15    competent jurisdiction. This notice shall be provided to
16    the complainant within 10 business days after the
17    Department's receipt of the EEOC's determination. The
18    Department's notice to complainant that the Department has
19    adopted the EEOC's determination of reasonable cause shall
20    constitute the Department's Report for purposes of
21    subparagraph (D) of this Section.
22        (3) For those charges alleging violations within the
23    jurisdiction of both the EEOC and the Department and for
24    which the EEOC either (i) does not issue a determination,
25    but does issue the complainant a notice of a right to sue,
26    including when the right to sue is issued at the request of

 

 

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1    the complainant, or (ii) determines that it is unable to
2    establish that illegal discrimination has occurred and
3    issues the complainant a right to sue notice, and if the
4    Department is timely notified of the EEOC's determination
5    by complainant, the Department shall notify the parties,
6    within 10 business days after receipt of the EEOC's
7    determination, that the Department will adopt the EEOC's
8    determination as a dismissal for lack of substantial
9    evidence unless the complainant requests in writing within
10    35 days after receipt of the Department's notice that the
11    Department review the EEOC's determination.
12            (a) If the complainant does not file a written
13        request with the Department to review the EEOC's
14        determination within 35 days after receipt of the
15        Department's notice, the Department shall notify
16        complainant, within 10 business days after the
17        expiration of the 35-day period, that the decision of
18        the EEOC has been adopted by the Department as a
19        dismissal for lack of substantial evidence and that the
20        complainant has the right, within 90 days after receipt
21        of the Department's notice, to commence a civil action
22        in the appropriate circuit court or other appropriate
23        court of competent jurisdiction. The Department's
24        notice to complainant that the Department has adopted
25        the EEOC's determination shall constitute the
26        Department's report for purposes of subparagraph (D)

 

 

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1        of this Section.
2            (b) If the complainant does file a written request
3        with the Department to review the EEOC's
4        determination, the Department shall review the EEOC's
5        determination and any evidence obtained by the EEOC
6        during its investigation. If, after reviewing the
7        EEOC's determination and any evidence obtained by the
8        EEOC, the Department determines there is no need for
9        further investigation of the charge, the Department
10        shall issue a report and the Director shall determine
11        whether there is substantial evidence that the alleged
12        civil rights violation has been committed pursuant to
13        subsection (D) of Section 7A-102. If, after reviewing
14        the EEOC's determination and any evidence obtained by
15        the EEOC, the Department determines there is a need for
16        further investigation of the charge, the Department
17        may conduct any further investigation it deems
18        necessary. After reviewing the EEOC's determination,
19        the evidence obtained by the EEOC, and any additional
20        investigation conducted by the Department, the
21        Department shall issue a report and the Director shall
22        determine whether there is substantial evidence that
23        the alleged civil rights violation has been committed
24        pursuant to subsection (D) of Section 7A-102 of this
25        Act.
26        (4) Pursuant to this Section, if the EEOC dismisses the

 

 

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1    charge or a portion of the charge of discrimination
2    because, under federal law, the EEOC lacks jurisdiction
3    over the charge, and if, under this Act, the Department has
4    jurisdiction over the charge of discrimination, the
5    Department shall investigate the charge or portion of the
6    charge dismissed by the EEOC for lack of jurisdiction
7    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
8    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
9    this Act.
10        (5) The time limit set out in subsection (G) of this
11    Section is tolled from the date on which the charge is
12    filed with the EEOC to the date on which the EEOC issues
13    its determination.
14        (6) The failure of the Department to meet the
15    10-business-day notification deadlines set out in
16    paragraph (2) of this subsection shall not impair the
17    rights of any party.
18    (B) Notice and Response to Charge. The Department shall,
19within 10 days of the date on which the charge was filed, serve
20a copy of the charge on the respondent and provide all parties
21with a notice of the complainant's right to opt out of the
22investigation within 60 days as set forth in subsection (C-1).
23This period shall not be construed to be jurisdictional. The
24charging party and the respondent may each file a position
25statement and other materials with the Department regarding the
26charge of alleged discrimination within 60 days of receipt of

 

 

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1the notice of the charge. The position statements and other
2materials filed shall remain confidential unless otherwise
3agreed to by the party providing the information and shall not
4be served on or made available to the other party during
5pendency of a charge with the Department. The Department may
6require the respondent to file a response to the allegations
7contained in the charge. Upon the Department's request, the
8respondent shall file a response to the charge within 60 days
9and shall serve a copy of its response on the complainant or
10his or her representative. Notwithstanding any request from the
11Department, the respondent may elect to file a response to the
12charge within 60 days of receipt of notice of the charge,
13provided the respondent serves a copy of its response on the
14complainant or his or her representative. All allegations
15contained in the charge not denied by the respondent within 60
16days of the Department's request for a response may be deemed
17admitted, unless the respondent states that it is without
18sufficient information to form a belief with respect to such
19allegation. The Department may issue a notice of default
20directed to any respondent who fails to file a response to a
21charge within 60 days of receipt of the Department's request,
22unless the respondent can demonstrate good cause as to why such
23notice should not issue. The term "good cause" shall be defined
24by rule promulgated by the Department. Within 30 days of
25receipt of the respondent's response, the complainant may file
26a reply to said response and shall serve a copy of said reply

 

 

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1on the respondent or his or her representative. A party shall
2have the right to supplement his or her response or reply at
3any time that the investigation of the charge is pending. The
4Department shall, within 10 days of the date on which the
5charge was filed, and again no later than 335 days thereafter,
6send by certified or registered mail written notice to the
7complainant and to the respondent informing the complainant of
8the complainant's rights to either file a complaint with the
9Human Rights Commission or commence a civil action in the
10appropriate circuit court under subparagraph (2) of paragraph
11(G) and under subsection (C-1), including in such notice the
12dates within which the complainant may exercise these rights.
13In the notice the Department shall notify the complainant that
14the charge of civil rights violation will be dismissed with
15prejudice and with no right to further proceed if a written
16complaint is not timely filed with the Commission or with the
17appropriate circuit court by the complainant pursuant to
18subparagraph (2) of paragraph (G) or subsection (C-1) or by the
19Department pursuant to subparagraph (1) of paragraph (G).
20    (B-1) Mediation. The complainant and respondent may agree
21to voluntarily submit the charge to mediation without waiving
22any rights that are otherwise available to either party
23pursuant to this Act and without incurring any obligation to
24accept the result of the mediation process. Nothing occurring
25in mediation shall be disclosed by the Department or admissible
26in evidence in any subsequent proceeding unless the complainant

 

 

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1and the respondent agree in writing that such disclosure be
2made.
3    (C) Investigation.
4        (1) If the complainant does not elect to opt out of an
5    investigation pursuant to subsection (C-1), the Department
6    shall conduct an investigation sufficient to determine
7    whether the allegations set forth in the charge are
8    supported by substantial evidence.
9        (2) The Director or his or her designated
10    representatives shall have authority to request any member
11    of the Commission to issue subpoenas to compel the
12    attendance of a witness or the production for examination
13    of any books, records or documents whatsoever.
14        (3) If any witness whose testimony is required for any
15    investigation resides outside the State, or through
16    illness or any other good cause as determined by the
17    Director is unable to be interviewed by the investigator or
18    appear at a fact finding conference, his or her testimony
19    or deposition may be taken, within or without the State, in
20    the same manner as is provided for in the taking of
21    depositions in civil cases in circuit courts.
22        (4) Upon reasonable notice to the complainant and the
23    respondent, the Department shall conduct a fact finding
24    conference, unless prior to 365 days after the date on
25    which the charge was filed the Director has determined
26    whether there is substantial evidence that the alleged

 

 

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1    civil rights violation has been committed, the charge has
2    been dismissed for lack of jurisdiction, or the parties
3    voluntarily and in writing agree to waive the fact finding
4    conference. Any party's failure to attend the conference
5    without good cause shall result in dismissal or default.
6    The term "good cause" shall be defined by rule promulgated
7    by the Department. A notice of dismissal or default shall
8    be issued by the Director. The notice of default issued by
9    the Director shall notify the respondent that a request for
10    review may be filed in writing with the Commission within
11    30 days of receipt of notice of default. The notice of
12    dismissal issued by the Director shall give the complainant
13    notice of his or her right to seek review of the dismissal
14    before the Human Rights Commission or commence a civil
15    action in the appropriate circuit court. If the complainant
16    chooses to have the Human Rights Commission review the
17    dismissal order, he or she shall file a request for review
18    with the Commission within 90 days after receipt of the
19    Director's notice. If the complainant chooses to file a
20    request for review with the Commission, he or she may not
21    later commence a civil action in a circuit court. If the
22    complainant chooses to commence a civil action in a circuit
23    court, he or she must do so within 90 days after receipt of
24    the Director's notice.
25    (C-1) Opt out of Department's investigation. At any time
26within 60 days after receipt of notice of the right to opt out,

 

 

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1a complainant may submit a written request seeking notice from
2the Director indicating that the complainant has opted out of
3the investigation and may commence a civil action in the
4appropriate circuit court. The Department shall respond to a
5complainant's opt-out request within 10 business days by
6issuing the complainant a notice of the right to commence an
7action in circuit court. The Department shall also notify the
8respondent that the complainant has elected to opt out of the
9administrative process within 10 business days of receipt of
10the complainant's request. If the complainant chooses to
11commence an action in a circuit court under this subsection, he
12or she must do so within 90 days after receipt of the
13Director's notice of the right to commence an action in circuit
14court. The complainant shall notify the Department and the
15respondent that a complaint has been filed with the appropriate
16circuit court and shall mail a copy of the complaint to the
17Department and the respondent on the same date that the
18complaint is filed with the appropriate circuit court. Upon
19receipt of notice that the complainant has filed an action with
20the appropriate circuit court, the Department shall
21immediately cease its investigation and dismiss the charge of
22civil rights violation. Once a complainant has commenced an
23action in circuit court under this subsection, he or she may
24not file or refile a substantially similar charge with the
25Department arising from the same incident of unlawful
26discrimination or harassment.

 

 

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1    (D) Report.
2        (1) Each charge investigated under subsection (C)
3    shall be the subject of a report to the Director. The
4    report shall be a confidential document subject to review
5    by the Director, authorized Department employees, the
6    parties, and, where indicated by this Act, members of the
7    Commission or their designated hearing officers.
8        (2) Upon review of the report, the Director shall
9    determine whether there is substantial evidence that the
10    alleged civil rights violation has been committed. The
11    determination of substantial evidence is limited to
12    determining the need for further consideration of the
13    charge pursuant to this Act and includes, but is not
14    limited to, findings of fact and conclusions, as well as
15    the reasons for the determinations on all material issues.
16    Substantial evidence is evidence which a reasonable mind
17    accepts as sufficient to support a particular conclusion
18    and which consists of more than a mere scintilla but may be
19    somewhat less than a preponderance.
20        (3) If the Director determines that there is no
21    substantial evidence, the charge shall be dismissed by
22    order of the Director and the Director shall give the
23    complainant notice of his or her right to seek review of
24    the dismissal order before the Commission or commence a
25    civil action in the appropriate circuit court. If the
26    complainant chooses to have the Human Rights Commission

 

 

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1    review the dismissal order, he or she shall file a request
2    for review with the Commission within 90 days after receipt
3    of the Director's notice. If the complainant chooses to
4    file a request for review with the Commission, he or she
5    may not later commence a civil action in a circuit court.
6    If the complainant chooses to commence a civil action in a
7    circuit court, he or she must do so within 90 days after
8    receipt of the Director's notice.
9        (4) If the Director determines that there is
10    substantial evidence, he or she shall notify the
11    complainant and respondent of that determination. The
12    Director shall also notify the parties that the complainant
13    has the right to either commence a civil action in the
14    appropriate circuit court or request that the Department of
15    Human Rights file a complaint with the Human Rights
16    Commission on his or her behalf. Any such complaint shall
17    be filed within 90 days after receipt of the Director's
18    notice. If the complainant chooses to have the Department
19    file a complaint with the Human Rights Commission on his or
20    her behalf, the complainant must, within 30 days after
21    receipt of the Director's notice, request in writing that
22    the Department file the complaint. If the complainant
23    timely requests that the Department file the complaint, the
24    Department shall file the complaint on his or her behalf.
25    If the complainant fails to timely request that the
26    Department file the complaint, the complainant may file his

 

 

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1    or her complaint with the Commission or commence a civil
2    action in the appropriate circuit court. If the complainant
3    files a complaint with the Human Rights Commission, the
4    complainant shall give notice to the Department of the
5    filing of the complaint with the Human Rights Commission.
6    (E) Conciliation.
7         (1) When there is a finding of substantial evidence,
8    the Department may designate a Department employee who is
9    an attorney licensed to practice in Illinois to endeavor to
10    eliminate the effect of the alleged civil rights violation
11    and to prevent its repetition by means of conference and
12    conciliation.
13        (2) When the Department determines that a formal
14    conciliation conference is necessary, the complainant and
15    respondent shall be notified of the time and place of the
16    conference by registered or certified mail at least 10 days
17    prior thereto and either or both parties shall appear at
18    the conference in person or by attorney.
19        (3) The place fixed for the conference shall be within
20    35 miles of the place where the civil rights violation is
21    alleged to have been committed.
22        (4) Nothing occurring at the conference shall be
23    disclosed by the Department unless the complainant and
24    respondent agree in writing that such disclosure be made.
25        (5) The Department's efforts to conciliate the matter
26    shall not stay or extend the time for filing the complaint

 

 

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1    with the Commission or the circuit court.
2    (F) Complaint.
3        (1) When the complainant requests that the Department
4    file a complaint with the Commission on his or her behalf,
5    the Department shall prepare a written complaint, under
6    oath or affirmation, stating the nature of the civil rights
7    violation substantially as alleged in the charge
8    previously filed and the relief sought on behalf of the
9    aggrieved party. The Department shall file the complaint
10    with the Commission.
11        (2) If the complainant chooses to commence a civil
12    action in a circuit court, he or she must do so in the
13    circuit court in the county wherein the civil rights
14    violation was allegedly committed. The form of the
15    complaint in any such civil action shall be in accordance
16    with the Illinois Code of Civil Procedure.
17    (G) Time Limit.
18        (1) When a charge of a civil rights violation has been
19    properly filed, the Department, within 365 days thereof or
20    within any extension of that period agreed to in writing by
21    all parties, shall issue its report as required by
22    subparagraph (D). Any such report shall be duly served upon
23    both the complainant and the respondent.
24        (2) If the Department has not issued its report within
25    365 days after the charge is filed, or any such longer
26    period agreed to in writing by all the parties, the

 

 

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1    complainant shall have 90 days to either file his or her
2    own complaint with the Human Rights Commission or commence
3    a civil action in the appropriate circuit court. If the
4    complainant files a complaint with the Commission, the form
5    of the complaint shall be in accordance with the provisions
6    of paragraph (F)(1). If the complainant commences a civil
7    action in a circuit court, the form of the complaint shall
8    be in accordance with the Illinois Code of Civil Procedure.
9    The aggrieved party shall notify the Department that a
10    complaint has been filed and shall serve a copy of the
11    complaint on the Department on the same date that the
12    complaint is filed with the Commission or in circuit court.
13    If the complainant files a complaint with the Commission,
14    he or she may not later commence a civil action in circuit
15    court.
16        (3) If an aggrieved party files a complaint with the
17    Human Rights Commission or commences a civil action in
18    circuit court pursuant to paragraph (2) of this subsection,
19    or if the time period for filing a complaint has expired,
20    the Department shall immediately cease its investigation
21    and dismiss the charge of civil rights violation. Any final
22    order entered by the Commission under this Section is
23    appealable in accordance with paragraph (B)(1) of Section
24    8-111. Failure to immediately cease an investigation and
25    dismiss the charge of civil rights violation as provided in
26    this paragraph (3) constitutes grounds for entry of an

 

 

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1    order by the circuit court permanently enjoining the
2    investigation. The Department may also be liable for any
3    costs and other damages incurred by the respondent as a
4    result of the action of the Department.
5        (4) (Blank).
6    (H) This amendatory Act of 1995 applies to causes of action
7filed on or after January 1, 1996.
8    (I) This amendatory Act of 1996 applies to causes of action
9filed on or after January 1, 1996.
10    (J) The changes made to this Section by Public Act 95-243
11apply to charges filed on or after the effective date of those
12changes.
13    (K) The changes made to this Section by this amendatory Act
14of the 96th General Assembly apply to charges filed on or after
15the effective date of those changes.
16    (L) The changes made to this Section by this amendatory Act
17of the 100th General Assembly apply to charges filed on or
18after the effective date of this amendatory Act of the 100th
19General Assembly.
20(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;
21100-1066, eff. 8-24-18.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.