Judiciary I - Civil Law Committee

Adopted in House Comm. on Apr 29, 2004





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2     AMENDMENT NO. ______. Amend Senate Bill 3186 on page 1,
3 line 5 by changing "Section 1-103" to "Sections 1-103 and
4 7A-102"; and
5 on page 3, by replacing lines 30 and 31 with the following:
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     (B) Notice, and Response, and Review of Charge. The
19 Department shall, within 10 days of the date on which the
20 charge was filed, serve a copy of the charge on the respondent.
21 This period shall not be construed to be jurisdictional. The
22 charging party and the respondent may each file a position
23 statement and other materials with the Department regarding the
24 charge of alleged discrimination within 60 days of receipt of



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1 the notice of the charge. The position statements and other
2 materials filed shall remain confidential unless otherwise
3 agreed to by the party providing the information and shall not
4 be served on or made available to the other party during
5 pendency of a charge with the Department. The Department shall
6 require the respondent to file a verified response to the
7 allegations contained in the charge within 60 days of receipt
8 of the notice of the charge. The respondent shall serve a copy
9 of its response on the complainant or his representative. All
10 allegations contained in the charge not timely denied by the
11 respondent shall be deemed admitted, unless the respondent
12 states that it is without sufficient information to form a
13 belief with respect to such allegation. The Department shall
14 issue a notice of default directed to any respondent who fails
15 to file a verified response to a charge within 60 days of
16 receipt of the notice of the charge, unless the respondent can
17 demonstrate good cause as to why such notice should not issue.
18 Within 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
27 the right to file a complaint with the Human Rights Commission
28 under subparagraph (2) of paragraph (G), including in such
29 notice the dates within which the complainant may exercise this
30 right. In the notice the Department shall notify the
31 complainant that the charge of civil rights violation will be
32 dismissed with prejudice and with no right to further proceed
33 if a written complaint is not timely filed with the Commission
34 by the complainant pursuant to subparagraph (2) of paragraph



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1 (G) or by the Department pursuant to subparagraph (1) of
2 paragraph (G).
3     (B-1) Mediation. The complainant and respondent may agree
4 to voluntarily submit the charge to mediation without waiving
5 any rights that are otherwise available to either party
6 pursuant to this Act and without incurring any obligation to
7 accept the result of the mediation process. Nothing occurring
8 in mediation shall be disclosed by the Department or admissible
9 in evidence in any subsequent proceeding unless the complainant
10 and the respondent agree in writing that such disclosure be
11 made.
12     (C) Investigation.
13         (1) After the respondent has been notified, the
14 Department shall conduct a full investigation of the
15 allegations set forth in the charge.
16         (2) The Director or his or her designated
17 representatives shall have authority to request any member
18 of the Commission to issue subpoenas to compel the
19 attendance of a witness or the production for examination
20 of any books, records or documents whatsoever.
21         (3) If any witness whose testimony is required for any
22 investigation resides outside the State, or through
23 illness or any other good cause as determined by the
24 Director is unable to be interviewed by the investigator or
25 appear at a fact finding conference, his or her testimony
26 or deposition may be taken, within or without the State, in
27 the same manner as is provided for in the taking of
28 depositions in civil cases in circuit courts.
29         (4) Upon reasonable notice to the complainant and the
30 respondent, the Department shall conduct a fact finding
31 conference prior to 365 days after the date on which the
32 charge was filed, unless the Director has determined
33 whether there is substantial evidence that the alleged
34 civil rights violation has been committed or the charge has



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1 been dismissed for lack of jurisdiction. If the parties
2 agree in writing, the fact finding conference may be held
3 at a time after the 365 day limit. Any party's failure to
4 attend the conference without good cause shall result in
5 dismissal or default. The term "good cause" shall be
6 defined by rule promulgated by the Department. A notice of
7 dismissal or default shall be issued by the Director and
8 shall notify the relevant party that a request for review
9 may be filed in writing with the Chief Legal Counsel of the
10 Department within 30 days of receipt of notice of dismissal
11 or default.
12     (D) Report.
13         (1) Each charge shall be the subject of a report to the
14 Director. The report shall be a confidential document
15 subject to review by the Director, authorized Department
16 employees, the parties, and, where indicated by this Act,
17 members of the Commission or their designated hearing
18 officers.
19         (2) Upon review of the report, the Director shall
20 determine whether there is substantial evidence that the
21 alleged civil rights violation has been committed. The
22 determination of substantial evidence is limited to
23 determining the need for further consideration of the
24 charge pursuant to this Act and includes, but is not
25 limited to, findings of fact and conclusions, as well as
26 the reasons for the determinations on all material issues
27 and questions of credibility. Substantial evidence is
28 evidence which a reasonable mind accepts as sufficient to
29 support a particular conclusion and which consists of more
30 than a mere scintilla but may be somewhat less than a
31 preponderance.
32             (a) If the Director determines that there is no
33 substantial evidence, the charge shall be dismissed by
34 order of the Director and the complainant notified that



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1 he or she may seek review of the dismissal order before
2 the Chief Legal Counsel of the Department. The
3 complainant shall have 30 days from receipt of notice
4 to file a request for review by the Chief Legal Counsel
5 of the Department.
6             (b) If the Director determines that there is
7 substantial evidence, he or she shall designate a
8 Department employee who is an attorney licensed to
9 practice in Illinois to endeavor to eliminate the
10 effect of the alleged civil rights violation and to
11 prevent its repetition by means of conference and
12 conciliation.
13     (E) Conciliation.
14         (1) When the Department determines that a formal
15 conciliation conference is necessary, the complainant and
16 respondent shall be notified of the time and place of the
17 conference by registered or certified mail at least 10 days
18 prior thereto and either or both parties shall appear at
19 the conference in person or by attorney.
20         (2) The place fixed for the conference shall be within
21 35 miles of the place where the civil rights violation is
22 alleged to have been committed.
23         (3) Nothing occurring at the conference shall be
24 disclosed by the Department unless the complainant and
25 respondent agree in writing that such disclosure be made.
26     (F) Complaint.
27         (1) When there is a failure to settle or adjust any
28 charge through conciliation, the Department shall prepare
29 a written complaint, under oath or affirmation, stating the
30 nature of the civil rights violation substantially as
31 alleged in the charge previously filed and the relief
32 sought on behalf of the aggrieved party.
33         (2) The complaint shall be filed with the Commission.
34     (G) Time Limit.



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1         (1) When a charge of a civil rights violation has been
2 properly filed, the Department, within 365 days thereof or
3 within any extension of that period agreed to in writing by
4 all parties, shall either issue and file a complaint in the
5 manner and form set forth in this Section or shall order
6 that no complaint be issued and dismiss the charge with
7 prejudice without any further right to proceed except in
8 cases in which the order was procured by fraud or duress.
9 Any such order shall be duly served upon both the
10 complainant and the respondent.
11         (2) Between 365 and 395 days after the charge is filed,
12 or such longer period agreed to in writing by all parties,
13 the aggrieved party may file a complaint with the
14 Commission, if the Director has not sooner issued a report
15 and determination pursuant to paragraphs (D)(1) and (D)(2)
16 of this Section. The form of the complaint shall be in
17 accordance with the provisions of paragraph (F). The
18 aggrieved party shall notify the Department that a
19 complaint has been filed and shall serve a copy of the
20 complaint on the Department on the same date that the
21 complaint is filed with the Commission.
22         (3) If an aggrieved party files a complaint with the
23 Human Rights Commission pursuant to paragraph (2) of this
24 subsection, or if the time period for filing a complaint
25 has expired, the Department shall immediately cease its
26 investigation and dismiss the charge of civil rights
27 violation. Any final order entered by the Chief Legal
28 Counsel under this Section is appealable in accordance with
29 paragraph (A)(1) of Section 8-111. Failure to immediately
30 cease an investigation and dismiss the charge of civil
31 rights violation as provided in this paragraph (3)
32 constitutes grounds for entry of an order by the circuit
33 court permanently enjoining the investigation. The
34 Department may also be liable for any costs and other



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1 damages incurred by the respondent as a result of the
2 action of the Department.
3         (4) The Department shall stay any administrative
4 proceedings under this Section after the filing of a civil
5 action by or on behalf of the aggrieved party under any
6 federal or State law seeking relief with respect to the
7 alleged civil rights violation.
8     (H) This amendatory Act of 1995 applies to causes of action
9 filed on or after January 1, 1996.
10     (I) This amendatory Act of 1996 applies to causes of action
11 filed on or after January 1, 1996.
12 (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)
13     Section 99. Effective date. This Act takes effect on
14 January 1, 2005, except that this Section and the provisions
15 changing Section 7A-102 of the Illinois Human Rights Act take
16 effect upon becoming law.".