Full Text of HB0178 97th General Assembly
HB0178enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing 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 | 19 | | charge filed with the Equal Employment Opportunity Commission | 20 | | within 180 days after the date of the alleged civil rights | 21 | | violation shall be deemed filed with the Department on the date | 22 | | filed with the Equal Employment Opportunity Commission. Upon | 23 | | receipt of a charge filed with the Equal Employment Opportunity |
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| 1 | | Commission, the Department shall notify the complainant that he | 2 | | or she may proceed with the Department. The complainant must | 3 | | notify the Department of his or her decision in writing within | 4 | | 35 days of receipt of the Department's notice to the | 5 | | complainant and the Department shall close the case if the | 6 | | complainant does not do so. If the complainant proceeds with | 7 | | the Department, the Department shall take no action until the | 8 | | Equal Employment Opportunity Commission makes a determination | 9 | | on the charge. Upon receipt of the Equal Employment Opportunity | 10 | | Commission's determination, the Department shall cause the | 11 | | charge to be filed under oath or affirmation and to be in such | 12 | | detail as provided for under subparagraph (2) of paragraph (A). | 13 | | At the Department's discretion, the Department shall either | 14 | | adopt the Equal Employment Opportunity Commission's | 15 | | determination or process the charge pursuant to this Act. | 16 | | Adoption of the Equal Employment Opportunity Commission's | 17 | | determination shall be deemed a determination by the Department | 18 | | for all purposes under this Act.
| 19 | | (B) Notice and Response to Charge.
The Department shall, | 20 | | within 10
days of the date on which the charge
was filed, serve | 21 | | a copy of the charge on the respondent. This period shall
not | 22 | | be construed to be jurisdictional. The charging party and the | 23 | | respondent
may each file a position statement and other | 24 | | materials with the Department
regarding the charge of alleged | 25 | | discrimination within 60 days of receipt of the
notice of the | 26 | | charge. The position statements and other materials filed shall
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| 1 | | remain confidential unless otherwise agreed to by the party | 2 | | providing the
information and shall not be served on or made | 3 | | available to the other
party during pendency
of a charge with | 4 | | the Department. The Department
shall
require the respondent to | 5 | | file a verified response to
the allegations contained in the | 6 | | charge within 60 days of receipt of the
notice of the
charge. | 7 | | The respondent shall serve a copy
of its response on the
| 8 | | complainant or his representative. All allegations contained | 9 | | in the charge
not timely denied by the respondent shall be | 10 | | deemed admitted, unless the
respondent states that it is | 11 | | without sufficient information to
form a belief with respect to | 12 | | such allegation. The Department may issue
a notice of default | 13 | | directed to any respondent who fails to file a
verified | 14 | | response to a charge within 60 days of receipt of the
notice of | 15 | | the charge,
unless the respondent can
demonstrate good cause as
| 16 | | to why such notice should not issue. The term "good cause" | 17 | | shall be defined by rule promulgated by the Department. Within | 18 | | 30 days of receipt
of the respondent's response, the | 19 | | complainant may file a
reply to
said response and
shall serve
a | 20 | | copy of said reply on the respondent or his representative. A | 21 | | party
shall have the right to supplement his response or reply | 22 | | at any time that
the investigation of the charge is pending. | 23 | | The Department shall,
within 10 days of the date on which the | 24 | | charge was filed,
and again no later than 335 days thereafter,
| 25 | | send by certified or registered mail written notice to the | 26 | | complainant
and to the respondent
informing the complainant
of |
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| 1 | | the complainant's right to either file a complaint with the | 2 | | Human
Rights Commission or commence a civil action in the | 3 | | appropriate circuit court
under subparagraph (2) of paragraph | 4 | | (G), including in such notice the dates
within which the | 5 | | complainant may exercise this right.
In the notice the | 6 | | Department shall notify the complainant that the
charge of | 7 | | civil rights violation will be dismissed with prejudice and | 8 | | with no
right to further proceed if a written complaint is not | 9 | | timely filed with
the Commission or with the appropriate | 10 | | circuit court by the complainant pursuant to subparagraph (2) | 11 | | of paragraph (G)
or by the Department pursuant to subparagraph | 12 | | (1) of paragraph (G).
| 13 | | (B-1) Mediation. The complainant and respondent may agree | 14 | | to voluntarily
submit the charge
to mediation without waiving | 15 | | any rights that are otherwise available to
either party | 16 | | pursuant to this Act and without incurring any obligation to
| 17 | | accept the result of the mediation process. Nothing occurring | 18 | | in mediation
shall
be disclosed by the Department or admissible | 19 | | in evidence in any subsequent
proceeding unless the complainant | 20 | | and the respondent agree in writing that such
disclosure be | 21 | | made.
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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
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| 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.
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| 1 | | (H) This amendatory Act of 1995 applies to causes of action | 2 | | filed on or
after January 1, 1996.
| 3 | | (I) This amendatory Act of 1996 applies to causes of action | 4 | | filed on or
after January 1, 1996.
| 5 | | (J) The changes made to this Section by Public Act 95-243 | 6 | | apply to charges filed on or
after the effective date of those | 7 | | changes.
| 8 | | (K) The changes made to this Section by this amendatory Act | 9 | | of the 96th General Assembly apply to charges filed on or
after | 10 | | the 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 |
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| 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 |
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| 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 |
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| 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.
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 | 5 | | filed on or
after
January 1, 1996.
| 6 | | (I) The changes made to this Section by Public Act 95-243 | 7 | | apply to charges filed on or
after the effective date of those | 8 | | changes. | 9 | | (J) The changes made to this Section by this amendatory Act | 10 | | of the 96th General Assembly apply to charges filed on or
after | 11 | | the effective date of those changes. | 12 | | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
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