Full Text of HB4051 94th General Assembly
HB4051eng 94TH GENERAL ASSEMBLY
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HB4051 Engrossed |
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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing Sections 7A-102, 7A-103, 7B-102, 7B-103, 8-103, | 6 |
| 8-110, 8-111, 10-101, and 10-102 as follows:
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| (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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| Sec. 7A-102. Procedures.
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| (A) Charge.
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| (1) Within 180 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
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| under the signature of the Director.
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| (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.
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| (B) Notice , and Response to , and Review of Charge.
The | 20 |
| Department shall, within 10
days of the date on which the | 21 |
| charge
was filed, serve a copy of the charge on the respondent. | 22 |
| This period shall
not be construed to be jurisdictional. The | 23 |
| charging party and the respondent
may each file a position | 24 |
| statement and other materials with the Department
regarding the | 25 |
| charge of alleged discrimination within 60 days of receipt of | 26 |
| the
notice of the charge. The position statements and other | 27 |
| materials filed shall
remain confidential unless otherwise | 28 |
| agreed to by the party providing the
information and shall not | 29 |
| be served on or made available to the other
party during | 30 |
| pendency
of a charge with the Department. The Department
shall
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| require the respondent to file a verified response to
the | 32 |
| allegations contained in the charge within 60 days of receipt |
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| of the
notice of the
charge. The respondent shall serve a copy
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| of its response on the
complainant or his representative. All | 3 |
| allegations contained in the charge
not timely denied by the | 4 |
| respondent shall be deemed admitted, unless the
respondent | 5 |
| states that it is without sufficient information to
form a | 6 |
| belief with respect to such allegation. The Department shall | 7 |
| issue
a notice of default directed to any respondent who fails | 8 |
| to file a
verified response to a charge within 60 days of | 9 |
| receipt of the
notice of the charge,
unless the respondent can
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| demonstrate good cause as
to why such notice should not issue. | 11 |
| Within 30 days of receipt
of the respondent's response, the | 12 |
| complainant may file a
reply to
said response and
shall serve
a | 13 |
| copy of said reply on the respondent or his representative. A | 14 |
| party
shall have the right to supplement his response or reply | 15 |
| at any time that
the investigation of the charge is pending. | 16 |
| The Department shall,
within 10 days of the date on which the | 17 |
| charge was filed,
and again no later than 335 days thereafter,
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| send by certified or registered mail written notice to the | 19 |
| complainant
and to the respondent
informing the complainant
of | 20 |
| the right to file a complaint with the Human
Rights Commission
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| under subparagraph (2) of paragraph (G), including in such | 22 |
| notice the dates
within which the complainant may exercise this | 23 |
| right.
In the notice the Department shall notify the | 24 |
| complainant that the
charge of civil rights violation will be | 25 |
| dismissed with prejudice and with no
right to further proceed | 26 |
| if a written complaint is not timely filed with
the Commission | 27 |
| by the complainant pursuant to subparagraph (2) of paragraph | 28 |
| (G)
or by the Department pursuant to subparagraph (1) of | 29 |
| paragraph (G).
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| (B-1) Mediation. The complainant and respondent may agree | 31 |
| to voluntarily
submit the charge
to mediation without waiving | 32 |
| any rights that are otherwise available to
either party | 33 |
| pursuant to this Act and without incurring any obligation to
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| accept the result of the mediation process. Nothing occurring | 35 |
| in mediation
shall
be disclosed by the Department or admissible | 36 |
| in evidence in any subsequent
proceeding unless the complainant |
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| and the respondent agree in writing that such
disclosure be | 2 |
| made.
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| (C) Investigation.
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| (1) After the respondent has been notified, the
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| Department shall conduct a full investigation of the | 6 |
| allegations set
forth in the charge.
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| (2) The Director or his or her designated | 8 |
| representatives shall have
authority to request any member | 9 |
| of the Commission to issue subpoenas to
compel the | 10 |
| attendance of a witness or the production for
examination | 11 |
| of any books, records or documents whatsoever.
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| (3) If any witness whose testimony is required for any | 13 |
| investigation
resides outside the State, or through | 14 |
| illness or any other good cause as
determined by the | 15 |
| Director is unable to be interviewed by the investigator
or | 16 |
| appear at a fact finding conference, his or her testimony | 17 |
| or deposition
may be taken, within or without the State, in | 18 |
| the same manner as is
provided for in the taking of | 19 |
| depositions in civil cases in circuit courts.
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| (4) Upon reasonable notice to the complainant and the | 21 |
| respondent,
the Department shall conduct a fact finding | 22 |
| conference prior to
365 days after the date on which the | 23 |
| charge was filed,
unless the Director has determined | 24 |
| whether there is substantial evidence
that the alleged | 25 |
| civil rights violation has been committed or the charge has
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| been dismissed for lack of jurisdiction. If the parties | 27 |
| agree in writing,
the fact finding conference may be held | 28 |
| at a time after the 365 day limit.
Any party's failure to | 29 |
| attend the conference without good cause
shall result in | 30 |
| dismissal or default. The term "good cause"
shall
be | 31 |
| defined by rule promulgated by the Department. A notice of | 32 |
| dismissal or
default shall be issued by the Director and | 33 |
| shall notify the relevant
party that a request for review | 34 |
| may be filed in writing with the Commission
Chief Legal
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| Counsel of the Department
within 30 days of receipt of | 36 |
| notice of dismissal or default.
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| (D) Report.
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| (1) Each charge shall be the
subject of a
report to the | 3 |
| Director. The report shall be a confidential document
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| subject to review by the Director, authorized Department | 5 |
| employees, the
parties, and, where indicated by this Act, | 6 |
| members of the Commission or
their designated hearing | 7 |
| officers.
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| (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
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| and questions of
credibility . Substantial evidence is | 17 |
| evidence which a reasonable mind accepts
as sufficient to | 18 |
| support a particular conclusion and which consists of more
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| than a mere scintilla but may be somewhat less than a | 20 |
| preponderance.
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| (3)
(a) If the Director determines :
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| (a) that there is no substantial
evidence, the | 23 |
| charge shall be dismissed by order of the
Director and | 24 |
| the
complainant notified
that he or she may seek review | 25 |
| of the dismissal order before the
Commission
Chief | 26 |
| Legal Counsel of the Department . The complainant
shall | 27 |
| have 30 days from receipt of
notice
to file a request | 28 |
| for review by the Commission
Chief Legal Counsel of the | 29 |
| Department .
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| (b) If the Director determines that there is | 31 |
| substantial evidence,
he or she shall designate a | 32 |
| Department employee who is an attorney
licensed to | 33 |
| practice in Illinois to endeavor to eliminate the | 34 |
| effect of
the alleged civil rights violation and to | 35 |
| prevent its repetition by
means of conference and | 36 |
| conciliation.
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| (E) Conciliation.
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| (1) When the Department determines that a formal
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| conciliation conference is necessary, the complainant and | 4 |
| respondent
shall be notified of the time and place of the | 5 |
| conference by registered
or certified mail at least 10 days | 6 |
| prior thereto and either or both
parties shall appear at | 7 |
| the conference in person or by attorney.
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| (2) The place fixed for the conference shall be within | 9 |
| 35 miles of
the place where the civil rights violation is | 10 |
| alleged to have been
committed.
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| (3) Nothing occurring at the conference shall be | 12 |
| disclosed by the
Department unless
the complainant and | 13 |
| respondent agree in writing that
such disclosure be made.
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| (F) Complaint.
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| (1) When there is a failure to settle or adjust any
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| charge through conciliation, the Department shall prepare | 17 |
| a
written complaint, under oath or affirmation, stating the | 18 |
| nature of the
civil rights violation substantially as | 19 |
| alleged in the charge previously
filed and the relief | 20 |
| sought on behalf of the aggrieved party.
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| (2) The complaint shall be filed with the Commission.
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| (G) Time Limit.
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| (1) When a charge of a civil rights violation has been
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| properly filed, the Department, within 365
days thereof or | 25 |
| within any
extension of that period agreed to in writing by | 26 |
| all parties, shall
either issue and file a complaint in the | 27 |
| manner and form set forth in
this Section or shall order | 28 |
| that no complaint be issued and dismiss the
charge with | 29 |
| prejudice without any further right to proceed except in | 30 |
| cases in
which the order was procured by fraud or duress. | 31 |
| Any such order
shall be duly served upon both the | 32 |
| complainant and the respondent.
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| (2) Between 365 and 395 days after the charge is filed, | 34 |
| or such longer
period agreed to in writing by all parties, | 35 |
| the
aggrieved party may file a complaint with the | 36 |
| Commission, if the Director
has not sooner issued a report |
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| and determination pursuant to paragraphs
(D)(1)
and (D)(2) | 2 |
| of this Section.
The form of the complaint shall be in | 3 |
| accordance with the provisions of
paragraph (F). The | 4 |
| aggrieved party shall notify the Department that a
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| complaint
has been filed and shall serve a copy of the | 6 |
| complaint on the Department
on the same date that the | 7 |
| complaint is filed with the Commission.
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| (3) If an aggrieved party files a complaint
with the
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| Human Rights Commission pursuant to paragraph (2) of this | 10 |
| subsection, or if
the time period for filing a complaint | 11 |
| has expired, the
Department shall immediately cease its | 12 |
| investigation and
dismiss the charge of civil rights | 13 |
| violation.
Any final order entered by the Chief Legal | 14 |
| Counsel under this Section is
appealable in accordance with | 15 |
| paragraph (A)(1) of Section 8-111. Failure to immediately | 16 |
| cease an investigation and dismiss the charge of civil
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| rights violation as provided in this paragraph
(3) | 18 |
| constitutes grounds for entry of an order by the circuit | 19 |
| court permanently
enjoining the
investigation. The | 20 |
| Department may also be liable for any
costs and other | 21 |
| damages incurred by the respondent as a result of the | 22 |
| action of
the Department.
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| (4) The Department shall stay any administrative | 24 |
| proceedings
under this Section after the filing of a civil | 25 |
| action by or on behalf of the
aggrieved party under any | 26 |
| federal or State law seeking relief with respect to
the
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| alleged civil rights violation.
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| (H) This amendatory Act of 1995 applies to causes of action | 29 |
| filed on or
after January 1, 1996.
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| (I) This amendatory Act of 1996 applies to causes of action | 31 |
| filed on or
after January 1, 1996.
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| (J) Except as provided in subsection (K), the changes made | 33 |
| to this Section by this amendatory Act of the 94th General | 34 |
| Assembly apply to charges filed on or
after the effective date | 35 |
| of those changes.
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| (K) The changes made to paragraph (D)(2) of this Section by |
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| this amendatory Act of the 94th General Assembly apply to | 2 |
| charges pending on the effective date of those changes.
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| (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)
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| (775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
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| Sec. 7A-103. Settlement.
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| (A) Circumstances. A settlement of any
charge prior to the | 7 |
| filing of a complaint may be
effectuated at any time upon | 8 |
| agreement of the
parties and the approval of the Department.
A | 9 |
| settlement of any charge after the filing of a complaint shall | 10 |
| be
effectuated as specified in Section 8-105(A)(2) of this Act.
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| (B) Form. Settlements of charges prior to the filing of
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| complaints shall be reduced to writing by the
Department, | 13 |
| signed by the parties, and submitted by the Department to
the | 14 |
| Commission for approval.
Settlements of charges after the | 15 |
| filing of complaints shall be
effectuated as specified in | 16 |
| Section 8-105(A)(2) of this Act.
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| (C) Violation.
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| (1) When either party alleges that a settlement
order | 19 |
| has been violated, the Department shall conduct an | 20 |
| investigation
into the matter.
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| (2) Upon finding substantial evidence to demonstrate | 22 |
| that a
settlement has been violated, the Department shall | 23 |
| file notice of a
settlement order violation with the | 24 |
| Commission and serve all parties.
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| (D) Dismissal For Refusal To Accept Settlement Offer. The
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| Department shall dismiss a charge if it is satisfied that:
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| (1) the respondent has eliminated the effects of the
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| civil rights violation charged and taken steps to prevent | 29 |
| its repetition;
or
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| (2) the respondent offers and the complainant declines | 31 |
| to accept
terms of settlement which the Department finds | 32 |
| are sufficient to
eliminate the effects of the civil rights | 33 |
| violation charged and prevent
its repetition.
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| When the Department dismisses a charge under this Section
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| it
shall notify the complainant that he or she may seek review |
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| of the
dismissal order before the Commission
Chief Legal | 2 |
| Counsel of the Department . The
complainant shall have 30
days | 3 |
| from receipt of notice to file a request for review by the | 4 |
| Commission
Chief Legal
Counsel of the Department .
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| In determining whether the respondent has eliminated the
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| effects
of the civil rights violation charged, or has offered | 7 |
| terms of settlement
sufficient to eliminate same, the | 8 |
| Department shall consider the extent to
which the respondent | 9 |
| has either fully provided, or reasonably offered by way
of | 10 |
| terms of settlement, as the case may be, the relevant relief | 11 |
| available
to the complainant under Section 8-108 of this Act.
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| (E) This amendatory Act of 1995 applies to causes of action | 13 |
| filed on or
after January 1, 1996.
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| (F) The changes made to this Section by this amendatory Act | 15 |
| of the 94th General Assembly apply to charges filed on or
after | 16 |
| the effective date of those changes.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
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| Sec. 7B-102. Procedures.
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| (A) Charge.
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| (1) Within one year after the
date that a civil rights | 22 |
| violation allegedly has been committed or terminated,
a | 23 |
| charge in writing under oath or affirmation may be filed | 24 |
| with the
Department by an aggrieved party or issued by the | 25 |
| Department itself
under the signature of the Director.
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| (2) The charge shall be in such detail as to | 27 |
| substantially apprise
any party properly concerned as to | 28 |
| the time, place, and facts
surrounding the alleged civil | 29 |
| rights violation.
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| (B) Notice and Response to Charge.
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| (1) The Department shall serve
notice upon the | 32 |
| aggrieved party acknowledging such charge and advising the
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| aggrieved party of the time limits and choice of forums | 34 |
| provided under this
Act. The Department shall, within 10 | 35 |
| days of the date on which the charge
was filed or the |
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| identification of an additional respondent under paragraph
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| (2) of this subsection, serve on the respondent a copy of | 3 |
| the charge along with a notice
identifying the alleged | 4 |
| civil rights violation and advising the
respondent of the | 5 |
| procedural rights and obligations of respondents under
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| this Act and shall require the respondent to file a | 7 |
| verified response to
the allegations contained in the | 8 |
| charge within 30 days. The respondent
shall serve a copy of | 9 |
| its response on the complainant or his
representative. All | 10 |
| allegations contained in the charge
not timely denied by | 11 |
| the respondent shall be deemed admitted, unless the
| 12 |
| respondent states that it is without sufficient | 13 |
| information to
form a belief with respect to such | 14 |
| allegation. The Department shall issue
a notice of default | 15 |
| directed to any respondent who fails to file a verified
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| response to a charge within 30 days of the date on which | 17 |
| the charge was
filed, unless the respondent can demonstrate | 18 |
| good cause as
to why such notice should not issue. Within | 19 |
| 10 days of the date he
receives the respondent's response, | 20 |
| the complainant may file his reply to
said response. If he | 21 |
| chooses to file a reply, the complainant shall serve
a copy | 22 |
| of said reply on the respondent or his representative. A | 23 |
| party
shall have the right to supplement his response or | 24 |
| reply at any time that
the investigation of the charge is | 25 |
| pending.
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| (2) A person who is not named as a respondent in a | 27 |
| charge, but who is
identified as a respondent in the course | 28 |
| of investigation, may be joined as
an additional or | 29 |
| substitute respondent upon written notice, under | 30 |
| subsection
(B), to such person, from the Department.
Such | 31 |
| notice, in addition to meeting the requirements of | 32 |
| subsections (A)
and (B), shall explain the basis for the | 33 |
| Department's belief that a person
to whom the notice is | 34 |
| addressed is properly joined as a respondent.
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| (C) Investigation.
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| (1) The Department shall conduct a full investigation
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| of the allegations set forth in the charge and complete | 2 |
| such investigation
within 100 days after the filing of the | 3 |
| charge, unless it is impracticable to
do so.
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| (2) If the Department is unable to complete the | 5 |
| investigation within 100
days after the charge is filed, | 6 |
| the Department shall notify the complainant
and respondent | 7 |
| in writing of the reasons for not doing so.
| 8 |
| (3) The Director or his or her designated | 9 |
| representative shall have
authority to request any member | 10 |
| of the Commission to issue subpoenas to
compel the | 11 |
| attendance of a witness or the production for
examination | 12 |
| of any books, records or documents whatsoever.
| 13 |
| (4) If any witness whose testimony is required for any | 14 |
| investigation
resides outside the State, or through | 15 |
| illness or any other good cause as
determined by the | 16 |
| Director is unable to be interviewed by the investigator
or | 17 |
| appear at a fact finding conference, his or her testimony | 18 |
| or deposition
may be taken, within or without the State, in | 19 |
| the same manner as
provided for in the taking of | 20 |
| depositions in civil cases in circuit courts.
| 21 |
| (5) Upon reasonable notice to the complainant and the | 22 |
| respondent,
the Department shall conduct a fact finding | 23 |
| conference, unless prior to
100 days from the date on which | 24 |
| the charge was filed, the Director has
determined whether | 25 |
| there is substantial evidence that the alleged civil
rights | 26 |
| violation has been committed. A party's failure to attend | 27 |
| the
conference
without good cause may result in dismissal | 28 |
| or default. A notice of dismissal
or default shall be | 29 |
| issued by the Director and shall notify the relevant
party | 30 |
| that a request for review may be filed in writing with the | 31 |
| Commission
Chief Legal
Counsel of the Department
within 30 | 32 |
| days of receipt of notice of dismissal or default.
| 33 |
| (D) Report.
| 34 |
| (1) Each investigated charge shall be the subject of a
| 35 |
| report to the Director. The report shall be a confidential | 36 |
| document
subject to review by the Director, authorized |
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| Department employees, the
parties, and, where indicated by | 2 |
| this Act, members of the Commission or
their designated | 3 |
| hearing officers.
| 4 |
| The report shall contain:
| 5 |
| (a) the names and dates of contacts with witnesses;
| 6 |
| (b) a summary and the date of correspondence and | 7 |
| other contacts with the
aggrieved party and the | 8 |
| respondent;
| 9 |
| (c) a summary description of other pertinent | 10 |
| records;
| 11 |
| (d) a summary of witness statements; and
| 12 |
| (e) answers to questionnaires.
| 13 |
| A final report under this paragraph may be amended if | 14 |
| additional evidence
is later discovered.
| 15 |
| (2) Upon review of the report and within 100 days of | 16 |
| the filing of the
charge, unless it is impracticable
to do | 17 |
| so, the Director shall determine whether there is | 18 |
| substantial
evidence that the alleged civil rights | 19 |
| violation has been committed or is
about to be committed.
| 20 |
| If the Director is unable to make the determination within | 21 |
| 100 days after
the filing of the charge, the Director shall | 22 |
| notify the complainant and
respondent in writing of the | 23 |
| reasons for not doing so.
| 24 |
| (a) If the Director determines that there is no | 25 |
| substantial
evidence, the charge shall be dismissed | 26 |
| and the aggrieved party notified
that he or she may | 27 |
| seek review of the dismissal order before the
| 28 |
| Commission. The aggrieved party shall have 30 days from | 29 |
| receipt of notice
to file a request for review by the | 30 |
| Commission
Chief Legal Counsel of the Department . The
| 31 |
| Director shall make
public disclosure of each such | 32 |
| dismissal.
| 33 |
| (b) If the Director determines that there is | 34 |
| substantial evidence, he or
she shall immediately | 35 |
| issue a complaint on behalf of the aggrieved party
| 36 |
| pursuant to subsection (F).
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| (E) Conciliation.
| 2 |
| (1) During the period beginning with the filing of
| 3 |
| charge and ending with the filing of a complaint or a | 4 |
| dismissal by the
Department, the Department shall, to the | 5 |
| extent feasible, engage in
conciliation with respect to | 6 |
| such charge.
| 7 |
| When the Department determines that a formal
| 8 |
| conciliation conference is feasible, the aggrieved party | 9 |
| and respondent
shall be notified of the time and place of | 10 |
| the conference by registered
or certified mail at least 7 | 11 |
| days prior thereto and either or both
parties shall appear | 12 |
| at the conference in person or by attorney.
| 13 |
| (2) The place fixed for the conference shall be within | 14 |
| 35 miles of
the place where the civil rights violation is | 15 |
| alleged to have been
committed.
| 16 |
| (3) Nothing occurring at the conference shall be made | 17 |
| public or used as
evidence in a subsequent proceeding for | 18 |
| the purpose of proving a violation
under this Act unless | 19 |
| the complainant and respondent agree in writing that
such | 20 |
| disclosure be made.
| 21 |
| (4) A conciliation agreement arising out of such | 22 |
| conciliation shall be
an agreement between the respondent | 23 |
| and the complainant, and shall be
subject to approval by | 24 |
| the Department and Commission.
| 25 |
| (5) A conciliation agreement may provide for binding | 26 |
| arbitration of the
dispute arising from the charge. Any | 27 |
| such arbitration that results from a
conciliation | 28 |
| agreement may award appropriate relief, including monetary | 29 |
| relief.
| 30 |
| (6) Each conciliation agreement shall be made public | 31 |
| unless the
complainant and respondent otherwise agree and | 32 |
| the Department determines
that disclosure is not required | 33 |
| to further the purpose of this Act.
| 34 |
| (F) Complaint.
| 35 |
| (1) When there is a failure to settle or adjust any
| 36 |
| charge through a conciliation conference and the charge is |
|
|
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| 1 |
| not dismissed,
the Department shall prepare a
written | 2 |
| complaint, under oath or affirmation, stating the nature of | 3 |
| the
civil rights violation and the relief sought on behalf | 4 |
| of the aggrieved
party. Such complaint shall be based on | 5 |
| the final investigation report and
need not be limited to | 6 |
| the facts or grounds alleged in the charge filed
under | 7 |
| subsection (A).
| 8 |
| (2) The complaint shall be filed with the Commission.
| 9 |
| (3) The Department may not issue a complaint under this | 10 |
| Section
regarding an alleged civil rights violation after | 11 |
| the beginning of
the trial of a civil action commenced by | 12 |
| the aggrieved party under any
State or federal law, seeking | 13 |
| relief with respect to that alleged civil rights
violation.
| 14 |
| (G) Time Limit.
| 15 |
| (1) When a charge of a civil rights violation has been
| 16 |
| properly filed, the Department, within 100 days thereof, | 17 |
| unless it is
impracticable to do so,
shall either issue and | 18 |
| file a complaint in the manner and form set forth in
this | 19 |
| Section or shall order that no complaint be issued. Any | 20 |
| such order
shall be duly served upon both the aggrieved | 21 |
| party and the respondent.
| 22 |
| (2) The Director shall make available to the aggrieved | 23 |
| party
and the respondent, at any time, upon request | 24 |
| following completion of the
Department's investigation, | 25 |
| information derived from an investigation and
any final | 26 |
| investigative report relating to that investigation.
| 27 |
| (H) This amendatory Act of 1995 applies to causes of action | 28 |
| filed on or
after
January 1, 1996.
| 29 |
| (I) The changes made to this Section by this amendatory Act | 30 |
| of the 94th General Assembly apply to charges filed on or
after | 31 |
| the effective date of those changes. | 32 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 33 |
| (775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
| 34 |
| Sec. 7B-103. Settlement.
| 35 |
| (A) Circumstances. A settlement of any
charge prior to the |
|
|
|
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| 1 |
| filing of a complaint may be
effectuated at any time upon | 2 |
| agreement of the
parties and the approval of the Department.
A | 3 |
| settlement of any charge after the filing of complaint shall be
| 4 |
| effectuated as specified in Section 8-105 (A) (2) of this Act.
| 5 |
| (B) Form. Settlements of charges prior to the filing of
| 6 |
| complaints shall be reduced to writing by the
Department, | 7 |
| signed by the parties, and submitted by the Department to
the | 8 |
| Commission for approval.
Settlements of charges after the | 9 |
| filing of complaints shall be
effectuated as specified in | 10 |
| Section 8-105 (A) (2) of this Act.
| 11 |
| (C) Violation.
| 12 |
| (1) When either party alleges that a settlement
order | 13 |
| has been violated, the Department shall conduct an | 14 |
| investigation
into the matter.
| 15 |
| (2) Upon finding substantial evidence to demonstrate | 16 |
| that a
settlement has been violated, the Department shall
| 17 |
| refer the matter to the Attorney General for enforcement in | 18 |
| the circuit
court in which the respondent or complainant | 19 |
| resides or transacts business
or in which the alleged | 20 |
| violation took place.
| 21 |
| (D) Dismissal For Refusal To Accept Settlement Offer. The
| 22 |
| Department may dismiss a charge if it is satisfied that:
| 23 |
| (1) the respondent has eliminated the effects of the
| 24 |
| civil rights violation charged and taken steps to prevent | 25 |
| its repetition;
or
| 26 |
| (2) the respondent offers and the aggrieved party | 27 |
| declines to accept
terms of settlement which the Department | 28 |
| finds are sufficient to
eliminate the effects of the civil | 29 |
| rights violation charged and prevent
its repetition.
| 30 |
| (3) When the Department dismisses a charge under this | 31 |
| Section it
shall notify the complainant that he or she may | 32 |
| seek review of the
dismissal order before the Commission. | 33 |
| The aggrieved party shall have 30
days from receipt of | 34 |
| notice to file a request for review by the Commission
Chief | 35 |
| Legal
Counsel of the Department .
| 36 |
| (4) In determining whether the respondent has |
|
|
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| eliminated the effects
of the civil rights violation | 2 |
| charged, or has offered terms of settlement
sufficient to | 3 |
| eliminate same, the Department shall consider the extent to
| 4 |
| which the respondent has either fully provided, or | 5 |
| reasonably offered by way
of terms of settlement, as the | 6 |
| case may be, the relevant relief available
to the aggrieved | 7 |
| party under Section 8B-104 of this Act with the exception
| 8 |
| of civil penalties.
| 9 |
| (E) This amendatory Act of 1995 applies to causes of action | 10 |
| filed on or
after January 1, 1996.
| 11 |
| (F) The changes made to this Section by this amendatory Act | 12 |
| of the 94th General Assembly apply to charges filed on or
after | 13 |
| the effective date of those changes. | 14 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 15 |
| (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| 16 |
| Sec. 8-103. Request for Review.
| 17 |
| (A) Applicability. This Section does not apply to any cause | 18 |
| of action
filed on or after January 1, 1996.
| 19 |
| (A-1) Jurisdiction. The Commission,
through a panel of | 20 |
| three members, shall have jurisdiction to hear and
determine | 21 |
| requests for review of (1) decisions of the Department to | 22 |
| dismiss
a charge; and (2) notices of default issued by the | 23 |
| Department.
| 24 |
| In each instance, the Department shall be the respondent.
| 25 |
| (B) Review. When a request for review is properly filed, | 26 |
| the Commission
may consider the Department's report, any | 27 |
| argument and supplemental evidence
timely submitted, and the | 28 |
| results of any additional investigation conducted by
the
| 29 |
| Department in response to the request. In its discretion, the | 30 |
| Commission
may designate a hearing officer to conduct a hearing | 31 |
| into the factual basis
of the matter at issue.
| 32 |
| (C) Default Order. When a respondent fails to file a timely | 33 |
| request
for review of a notice of default, or the default is | 34 |
| sustained on review,
the Commission shall enter a default order | 35 |
| and set a hearing on damages.
|
|
|
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| (D) Time Period Toll. Proceedings on requests for review | 2 |
| shall toll
the time limitation established in paragraph (G) of | 3 |
| Section 7A-102 from
the date on which the Department's notice | 4 |
| of dismissal or default is issued
to the date
on which the | 5 |
| Commission's order is entered.
| 6 |
| (E) The changes made to this Section by this amendatory Act | 7 |
| of the 94th General Assembly apply to charges, complaints, or | 8 |
| other proceedings filed with the Department or Commission on or
| 9 |
| after the effective date of those changes. | 10 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 11 |
| (775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
| 12 |
| Sec. 8-110. Publication of Opinions. Decisions of the | 13 |
| Commission or panels
thereof , whether on requests for review or
| 14 |
| complaints , shall be
published
within 120 calendar days of the | 15 |
| completion of service of the written
decision on the parties to | 16 |
| ensure
assure a consistent source of precedent.
| 17 |
| This amendatory Act of 1995 applies to causes of action | 18 |
| filed on or after
January 1, 1996.
| 19 |
| The changes made to this Section by this amendatory Act of | 20 |
| the 94th General Assembly apply to decisions of the Commission | 21 |
| entered on or
after the effective date of those changes. | 22 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 23 |
| (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
| 24 |
| Sec. 8-111. Court Proceedings.
| 25 |
| (A) (1) Judicial Review. Any
complainant or respondent may | 26 |
| apply for and obtain judicial review of a
any
final order | 27 |
| of the Commission entered under this Act by filing
a | 28 |
| petition
for review in the Appellate Court within 35 days | 29 |
| from the date that a copy of
the decision sought to be | 30 |
| reviewed was served upon the party affected by the
| 31 |
| decision.
If a 3-member panel or the full Commission finds | 32 |
| that an interlocutory
order involves a question of law as | 33 |
| to which there is substantial ground for
difference of | 34 |
| opinion and that an immediate appeal from the order may
|
|
|
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| 1 |
| materially advance the ultimate termination of the | 2 |
| litigation, any party may
petition the Appellate Court for | 3 |
| permission to appeal the order. The procedure
for obtaining | 4 |
| the required Commission findings and the permission of the
| 5 |
| Appellate Court shall be governed by Supreme Court Rule | 6 |
| 308, except the
references to the "trial court" shall be | 7 |
| understood as referring to the
Commission.
| 8 |
| (2) In any proceeding brought for judicial review, the
| 9 |
| Commission's findings
of fact made at the administrative | 10 |
| level shall be sustained unless the
court determines that | 11 |
| such findings
are contrary to the manifest weight of the | 12 |
| evidence.
| 13 |
| (3) Venue. Proceedings for judicial review shall be | 14 |
| commenced in the
appellate court for the district wherein | 15 |
| the civil rights violation which is the subject of the | 16 |
| Commission's order was
allegedly committed.
| 17 |
| (B) Judicial Enforcement.
| 18 |
| (1) When the Commission, at the instance of
the | 19 |
| Department or an aggrieved party, concludes that any person | 20 |
| has violated
a valid order of the Commission issued | 21 |
| pursuant to this Act, and the violation
and its effects are | 22 |
| not promptly corrected, the Commission, through a panel
of | 23 |
| 3 members, shall order the Department to commence an action | 24 |
| in the name
of the People of the State of Illinois by | 25 |
| complaint, alleging the violation,
attaching a copy of the
| 26 |
| order of the Commission and praying for the issuance of an | 27 |
| order directing
such person, his or her or its officers, | 28 |
| agents, servants, successors and
assigns to comply with the | 29 |
| order of the Commission.
| 30 |
| (2) An aggrieved party may file a complaint for | 31 |
| enforcement of a valid
order of the Commission directly in | 32 |
| Circuit Court.
| 33 |
| (3) Upon the commencement of an action filed under
| 34 |
| paragraphs (1) or (2) of subsection (B) of this Section
the | 35 |
| court shall have jurisdiction
over the proceedings and | 36 |
| power to grant or refuse, in whole or in part,
the relief |
|
|
|
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| 1 |
| sought or impose such other remedy as the court may deem | 2 |
| proper.
| 3 |
| (4) The court may stay an order of the Commission in | 4 |
| accordance with the
applicable Supreme Court rules, | 5 |
| pending disposition of the proceedings.
| 6 |
| (5) The court may punish for any violation of its order | 7 |
| as in the
case of civil contempt.
| 8 |
| (6) Venue. Proceedings for judicial enforcement of a | 9 |
| Commission order
shall be commenced in the circuit court in | 10 |
| the county wherein the civil
rights violation which is the | 11 |
| subject of the Commission's order was committed.
| 12 |
| (C) Limitation. Except as otherwise provided by law, no | 13 |
| court of this
state shall have jurisdiction over the subject of | 14 |
| an alleged civil rights
violation other than as set forth in | 15 |
| this Act.
| 16 |
| (D) This amendatory Act of 1996 applies to causes of action | 17 |
| filed on or
after January 1, 1996.
| 18 |
| (E) The changes made to this Section by this amendatory Act | 19 |
| of the 94th General Assembly apply to charges, complaints, or | 20 |
| other proceedings filed with the Department or the Commission | 21 |
| on or
after the effective date of those changes.
| 22 |
| (Source: P.A. 88-1; 89-348, eff. 1-1-96; 89-520, eff. 7-18-96.)
| 23 |
| (775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
| 24 |
| Sec. 10-101. Applicability.
This Article applies
With the | 25 |
| exception of Section 10-104, this Article shall apply solely to | 26 |
| civil
actions arising under Article 2, 3 , or 6 of this Act as | 27 |
| authorized by Sections 10-102 and 10-104 .
| 28 |
| The changes made to this Section by this amendatory Act of | 29 |
| the 94th General Assembly apply to charges, complaints, | 30 |
| proceedings, and actions pending before the Department, the | 31 |
| Commission, or a court on the effective date of those changes.
| 32 |
| (Source: P.A. 93-1017, eff. 8-24-04.)
| 33 |
| (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| 34 |
| Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) |
|
|
|
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| 1 |
| An
aggrieved party may commence a civil action in an | 2 |
| appropriate Circuit
Court not later than 2 years after the | 3 |
| occurrence or the termination of an
alleged civil rights | 4 |
| violation or the breach of a conciliation or
settlement | 5 |
| agreement entered into under this Act, whichever occurs last,
| 6 |
| to obtain appropriate relief with respect to the alleged civil | 7 |
| rights violation
or breach. Venue for such civil action shall | 8 |
| be determined under Section 8-111(B)(6).
| 9 |
| (2) The computation of such 2-year period shall not include | 10 |
| any time
during which an administrative proceeding under this | 11 |
| Act was pending with
respect to a complaint or charge under | 12 |
| this Act based upon the alleged
civil rights violation. This | 13 |
| paragraph does not apply to
actions arising from a breach of a | 14 |
| conciliation or settlement agreement.
| 15 |
| (3) A
An aggrieved party may commence a civil action | 16 |
| arising under Article 3 of this Act may be commenced by an | 17 |
| aggrieved party under this
subsection whether or not a charge | 18 |
| has been filed under Section 7B-102 and
without regard to the | 19 |
| status of any such charge, however, if the Department or
local | 20 |
| agency has obtained a conciliation or settlement agreement with | 21 |
| the
consent of an aggrieved party, no action may be filed under | 22 |
| this subsection
by such aggrieved party with respect to the | 23 |
| alleged civil rights violation
practice which forms the basis | 24 |
| for such complaint except for the purpose of
enforcing the | 25 |
| terms of such conciliation or settlement agreement.
| 26 |
| (3.1) A civil action arising under Article 2 or 6 of this | 27 |
| Act may be commenced 365 days after the filing of a charge | 28 |
| under Section 7A-102(A)(1) regardless of the Department's | 29 |
| findings, if any.
| 30 |
| (4) An aggrieved party shall not commence a civil action | 31 |
| under this
subsection with respect to an alleged civil rights | 32 |
| violation which
forms the basis of a complaint issued by the | 33 |
| Department if a
hearing officer has commenced a hearing on the | 34 |
| record under
Article 2, 3 , or 6 of this Act with respect to | 35 |
| such complaint.
| 36 |
| (B) Appointment of Attorney by Court. Upon application by a |
|
|
|
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| 1 |
| person
alleging a civil rights violation or a person against | 2 |
| whom
the civil rights violation is alleged, if in the opinion | 3 |
| of the court such
person is financially unable to bear the | 4 |
| costs of such action, the court may:
| 5 |
| (1) appoint an attorney for such person, any attorney so | 6 |
| appointed may
petition for an award of attorneys fees pursuant | 7 |
| to subsection (C)(2) of this Section; or
| 8 |
| (2) authorize the commencement or continuation of a civil | 9 |
| action under
subsection (A) without the payment of fees, costs, | 10 |
| or security.
| 11 |
| (C) Jury demand; relief
Relief which may be granted. (1) In | 12 |
| a civil action under subsection (A), the plaintiff or the | 13 |
| defendant may demand a trial by jury. In a civil action under
| 14 |
| subsection (A) if the court or jury finds that a civil rights | 15 |
| violation
has occurred or is about to occur, it
the court may | 16 |
| award to the plaintiff
actual and punitive damages (in a civil | 17 |
| action arising under Article 3) or actual damages (in a civil | 18 |
| action arising under Article 2 or 6) (except no punitive | 19 |
| damages may be awarded against the State) , and the court may | 20 |
| grant as relief, as the court deems
appropriate, any permanent | 21 |
| or preliminary injunction, temporary restraining
order, or | 22 |
| other order, including an order enjoining the defendant from
| 23 |
| engaging in such civil rights violation or ordering such | 24 |
| affirmative action
as may be appropriate.
| 25 |
| (2) In a civil action under subsection (A), the court, in | 26 |
| its
discretion, may allow the prevailing party, other than the | 27 |
| State of
Illinois, reasonable attorneys fees and costs.
The | 28 |
| State of Illinois shall be liable for such fees and costs to | 29 |
| the same
extent as a private person.
| 30 |
| (D) Intervention By The Department. The Attorney General of | 31 |
| Illinois
may intervene on behalf of the Department if the | 32 |
| Department certifies that
the case is of general public | 33 |
| importance. Upon such intervention the court
may award such | 34 |
| relief as is authorized to be granted to a plaintiff in a
civil | 35 |
| action under Section 10-102(C).
| 36 |
| (E) The changes made to this Section by this amendatory Act |
|
|
|
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| 1 |
| of the 94th General Assembly apply to charges, complaints, | 2 |
| proceedings, and actions pending before the Department, the | 3 |
| Commission, or a court on the effective date of those changes.
| 4 |
| (Source: P.A. 86-910.)
| 5 |
| (775 ILCS 5/7-101.1 rep.)
| 6 |
| Section 10. The Illinois Human Rights Act is amended by | 7 |
| repealing Section 7-101.1. | 8 |
| Section 99. Effective date. This Act takes effect on | 9 |
| January 1, 2006, except that this Section and the changes made | 10 |
| to paragraph (D)(2) of Section 7A-102 of the Illinois Human | 11 |
| Rights Act take effect upon becoming law.
|
|