Full Text of HB4829 94th General Assembly
HB4829enr 94TH GENERAL ASSEMBLY
|
|
|
HB4829 Enrolled |
|
LRB094 16490 WGH 51750 b |
|
| 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 | 24 |
| Commission, the Department shall notify the complainant that he | 25 |
| or she may proceed with the Department. The complainant must | 26 |
| notify the Department of his or her decision in writing within | 27 |
| 35 days of receipt of the Department's notice to the | 28 |
| complainant and the Department shall close the case if the | 29 |
| complainant does not do so. If the complainant proceeds with | 30 |
| the Department, the Department shall take no action until the | 31 |
| Equal Employment Opportunity Commission makes a determination | 32 |
| on the charge. Upon receipt of the Equal Employment Opportunity |
|
|
|
HB4829 Enrolled |
- 2 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| Commission's determination, the Department shall cause the | 2 |
| charge to be filed under oath or affirmation and to be in such | 3 |
| detail as provided for under subparagraph (2) of paragraph (A). | 4 |
| At the Department's discretion, the Department shall either | 5 |
| adopt the Equal Employment Opportunity Commission's | 6 |
| determination or process the charge pursuant to this Act. | 7 |
| Adoption of the Equal Employment Opportunity Commission's | 8 |
| determination shall be deemed a determination by the Department | 9 |
| for all purposes under this Act.
| 10 |
| (B) Notice, and Response, and Review of Charge.
The | 11 |
| Department shall, within 10
days of the date on which the | 12 |
| charge
was filed, serve a copy of the charge on the respondent. | 13 |
| This period shall
not be construed to be jurisdictional. The | 14 |
| charging party and the respondent
may each file a position | 15 |
| statement and other materials with the Department
regarding the | 16 |
| charge of alleged discrimination within 60 days of receipt of | 17 |
| the
notice of the charge. The position statements and other | 18 |
| materials filed shall
remain confidential unless otherwise | 19 |
| agreed to by the party providing the
information and shall not | 20 |
| be served on or made available to the other
party during | 21 |
| pendency
of a charge with the Department. The Department
shall
| 22 |
| require the respondent to file a verified response to
the | 23 |
| allegations contained in the charge within 60 days of receipt | 24 |
| of the
notice of the
charge. The respondent shall serve a copy
| 25 |
| of its response on the
complainant or his representative. All | 26 |
| allegations contained in the charge
not timely denied by the | 27 |
| respondent shall be deemed admitted, unless the
respondent | 28 |
| states that it is without sufficient information to
form a | 29 |
| belief with respect to such allegation. The Department may | 30 |
| issue
a notice of default directed to any respondent who fails | 31 |
| to file a
verified response to a charge within 60 days of | 32 |
| receipt of the
notice of the charge,
unless the respondent can
| 33 |
| demonstrate good cause as
to why such notice should not issue. | 34 |
| The term "good cause" shall be defined by rule promulgated by | 35 |
| the Department. Within 30 days of receipt
of the respondent's | 36 |
| response, the complainant may file a
reply to
said response and
|
|
|
|
HB4829 Enrolled |
- 3 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| shall serve
a copy of said reply on the respondent or his | 2 |
| representative. A party
shall have the right to supplement his | 3 |
| response or reply at any time that
the investigation of the | 4 |
| charge is pending. The Department shall,
within 10 days of the | 5 |
| date on which the charge was filed,
and again no later than 335 | 6 |
| days thereafter,
send by certified or registered mail written | 7 |
| notice to the complainant
and to the respondent
informing the | 8 |
| complainant
of the right to file a complaint with the Human
| 9 |
| Rights Commission
under subparagraph (2) of paragraph (G), | 10 |
| including in such notice the dates
within which the complainant | 11 |
| may exercise this right.
In the notice the Department shall | 12 |
| notify the complainant that the
charge of civil rights | 13 |
| violation will be dismissed with prejudice and with no
right to | 14 |
| further proceed if a written complaint is not timely filed with
| 15 |
| the Commission by the complainant pursuant to subparagraph (2) | 16 |
| of paragraph (G)
or by the Department pursuant to subparagraph | 17 |
| (1) of paragraph (G).
| 18 |
| (B-1) Mediation. The complainant and respondent may agree | 19 |
| to voluntarily
submit the charge
to mediation without waiving | 20 |
| any rights that are otherwise available to
either party | 21 |
| pursuant to this Act and without incurring any obligation to
| 22 |
| accept the result of the mediation process. Nothing occurring | 23 |
| in mediation
shall
be disclosed by the Department or admissible | 24 |
| in evidence in any subsequent
proceeding unless the complainant | 25 |
| and the respondent agree in writing that such
disclosure be | 26 |
| made.
| 27 |
| (C) Investigation.
| 28 |
| (1) After the respondent has been notified, the
| 29 |
| Department shall conduct a full investigation of the | 30 |
| allegations set
forth in the charge.
| 31 |
| (2) The Director or his or her designated | 32 |
| representatives shall have
authority to request any member | 33 |
| of the Commission to issue subpoenas to
compel the | 34 |
| attendance of a witness or the production for
examination | 35 |
| of any books, records or documents whatsoever.
| 36 |
| (3) If any witness whose testimony is required for any |
|
|
|
HB4829 Enrolled |
- 4 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| investigation
resides outside the State, or through | 2 |
| illness or any other good cause as
determined by the | 3 |
| Director is unable to be interviewed by the investigator
or | 4 |
| appear at a fact finding conference, his or her testimony | 5 |
| or deposition
may be taken, within or without the State, in | 6 |
| the same manner as is
provided for in the taking of | 7 |
| depositions in civil cases in circuit courts.
| 8 |
| (4) Upon reasonable notice to the complainant and the | 9 |
| respondent,
the Department shall conduct a fact finding | 10 |
| conference prior to
365 days after the date on which the | 11 |
| charge was filed,
unless the Director has determined | 12 |
| whether there is substantial evidence
that the alleged | 13 |
| civil rights violation has been committed or the charge has
| 14 |
| been dismissed for lack of jurisdiction. If the parties | 15 |
| agree in writing,
the fact finding conference may be held | 16 |
| at a time after the 365 day limit.
Any party's failure to | 17 |
| attend the conference without good cause
shall result in | 18 |
| dismissal or default. The term "good cause"
shall
be | 19 |
| defined by rule promulgated by the Department. A notice of | 20 |
| dismissal or
default shall be issued by the Director and | 21 |
| shall notify the relevant
party that a request for review | 22 |
| may be filed in writing with the Chief Legal
Counsel of the | 23 |
| Department
within 30 days of receipt of notice of dismissal | 24 |
| or default.
| 25 |
| (D) Report.
| 26 |
| (1) Each charge shall be the
subject of a
report to the | 27 |
| Director. The report shall be a confidential document
| 28 |
| subject to review by the Director, authorized Department | 29 |
| employees, the
parties, and, where indicated by this Act, | 30 |
| members of the Commission or
their designated hearing | 31 |
| officers.
| 32 |
| (2) Upon review of the report, the Director shall | 33 |
| determine whether
there is substantial evidence that the | 34 |
| alleged civil rights violation
has been committed.
The | 35 |
| determination of substantial evidence is limited to | 36 |
| determining the need
for further consideration of the |
|
|
|
HB4829 Enrolled |
- 5 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| charge pursuant to this Act
and includes, but is not | 2 |
| limited to, findings of fact and conclusions, as well
as | 3 |
| the reasons for the determinations on all material issues. | 4 |
| Substantial evidence is evidence which a reasonable mind | 5 |
| accepts
as sufficient to support a particular conclusion | 6 |
| and which consists of more
than a mere scintilla but may be | 7 |
| somewhat less than a preponderance.
| 8 |
| (a) If the Director determines that there is no | 9 |
| substantial
evidence, the charge shall be dismissed by | 10 |
| order of the
Director and the
complainant notified
that | 11 |
| he or she may seek review of the dismissal order before | 12 |
| the
Chief Legal Counsel of the Department. The | 13 |
| complainant
shall have 30 days from receipt of
notice
| 14 |
| to file a request for review by the Chief Legal Counsel | 15 |
| of the Department.
| 16 |
| (b) If the Director determines that there is | 17 |
| substantial evidence,
he or she shall designate a | 18 |
| Department employee who is an attorney
licensed to | 19 |
| practice in Illinois to endeavor to eliminate the | 20 |
| effect of
the alleged civil rights violation and to | 21 |
| prevent its repetition by
means of conference and | 22 |
| conciliation.
| 23 |
| (E) Conciliation.
| 24 |
| (1) When the Department determines that a formal
| 25 |
| conciliation conference is necessary, the complainant and | 26 |
| respondent
shall be notified of the time and place of the | 27 |
| conference by registered
or certified mail at least 10 days | 28 |
| prior thereto and either or both
parties shall appear at | 29 |
| the conference in person or by attorney.
| 30 |
| (2) The place fixed for the conference shall be within | 31 |
| 35 miles of
the place where the civil rights violation is | 32 |
| alleged to have been
committed.
| 33 |
| (3) Nothing occurring at the conference shall be | 34 |
| disclosed by the
Department unless
the complainant and | 35 |
| respondent agree in writing that
such disclosure be made.
| 36 |
| (F) Complaint.
|
|
|
|
HB4829 Enrolled |
- 6 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| (1) When there is a failure to settle or adjust any
| 2 |
| charge through conciliation, the Department shall prepare | 3 |
| a
written complaint, under oath or affirmation, stating the | 4 |
| nature of the
civil rights violation substantially as | 5 |
| alleged in the charge previously
filed and the relief | 6 |
| sought on behalf of the aggrieved party.
| 7 |
| (2) The complaint shall be filed with the Commission.
| 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
either issue and file a complaint in the | 13 |
| manner and form set forth in
this Section or shall order | 14 |
| that no complaint be issued and dismiss the
charge with | 15 |
| prejudice without any further right to proceed except in | 16 |
| cases in
which the order was procured by fraud or duress. | 17 |
| Any such order
shall be duly served upon both the | 18 |
| complainant and the respondent.
| 19 |
| (2) Between 365 and 395 days after the charge is filed, | 20 |
| or such longer
period agreed to in writing by all parties, | 21 |
| the
aggrieved party may file a complaint with the | 22 |
| Commission, if the Director
has not sooner issued a report | 23 |
| and determination pursuant to paragraphs
(D)(1)
and (D)(2) | 24 |
| of this Section.
The form of the complaint shall be in | 25 |
| accordance with the provisions of
paragraph (F). The | 26 |
| aggrieved party shall notify the Department that a
| 27 |
| complaint
has been filed and shall serve a copy of the | 28 |
| complaint on the Department
on the same date that the | 29 |
| complaint is filed with the Commission.
| 30 |
| (3) If an aggrieved party files a complaint
with the
| 31 |
| Human Rights Commission pursuant to paragraph (2) of this | 32 |
| subsection, or if
the time period for filing a complaint | 33 |
| has expired, the
Department shall immediately cease its | 34 |
| investigation and
dismiss the charge of civil rights | 35 |
| violation.
Any final order entered by the Chief Legal | 36 |
| Counsel under this Section is
appealable in accordance with |
|
|
|
HB4829 Enrolled |
- 7 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| paragraph (A)(1) of Section 8-111.
Failure to immediately | 2 |
| cease an investigation and dismiss the charge of civil
| 3 |
| rights violation as provided in this paragraph
(3) | 4 |
| constitutes grounds for entry of an order by the circuit | 5 |
| court permanently
enjoining the
investigation. The | 6 |
| Department may also be liable for any
costs and other | 7 |
| damages incurred by the respondent as a result of the | 8 |
| action of
the Department.
| 9 |
| (4) The Department shall stay any administrative | 10 |
| proceedings
under this Section after the filing of a civil | 11 |
| action by or on behalf of the
aggrieved party under any | 12 |
| federal or State law seeking relief with respect to
the
| 13 |
| alleged civil rights violation.
| 14 |
| (H) This amendatory Act of 1995 applies to causes of action | 15 |
| filed on or
after January 1, 1996.
| 16 |
| (I) This amendatory Act of 1996 applies to causes of action | 17 |
| filed on or
after January 1, 1996.
| 18 |
| (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; | 19 |
| revised 8-19-05.)
| 20 |
| (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 21 |
| Sec. 7B-102. Procedures.
| 22 |
| (A) Charge.
| 23 |
| (1) Within one year after the
date that a civil rights | 24 |
| violation allegedly has been committed or terminated,
a | 25 |
| charge in writing under oath or affirmation may be filed | 26 |
| with the
Department by an aggrieved party or issued by the | 27 |
| Department itself
under the signature of the Director.
| 28 |
| (2) The charge shall be in such detail as to | 29 |
| substantially apprise
any party properly concerned as to | 30 |
| the time, place, and facts
surrounding the alleged civil | 31 |
| rights violation.
| 32 |
| (B) Notice and Response to Charge.
| 33 |
| (1) The Department shall serve
notice upon the | 34 |
| aggrieved party acknowledging such charge and advising the
| 35 |
| aggrieved party of the time limits and choice of forums |
|
|
|
HB4829 Enrolled |
- 8 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| provided under this
Act. The Department shall, within 10 | 2 |
| days of the date on which the charge
was filed or the | 3 |
| identification of an additional respondent under paragraph
| 4 |
| (2) of this subsection, serve on the respondent a copy of | 5 |
| the charge along with a notice
identifying the alleged | 6 |
| civil rights violation and advising the
respondent of the | 7 |
| procedural rights and obligations of respondents under
| 8 |
| this Act and shall require the respondent to file a | 9 |
| verified response to
the allegations contained in the | 10 |
| charge within 30 days. The respondent
shall serve a copy of | 11 |
| its response on the complainant or his
representative. All | 12 |
| allegations contained in the charge
not timely denied by | 13 |
| the respondent shall be deemed admitted, unless the
| 14 |
| respondent states that it is without sufficient | 15 |
| information to
form a belief with respect to such | 16 |
| allegation. The Department may issue
a notice of default | 17 |
| directed to any respondent who fails to file a verified
| 18 |
| response to a charge within 30 days of the date on which | 19 |
| the charge was
filed, unless the respondent can demonstrate | 20 |
| good cause as
to why such notice should not issue. The term | 21 |
| "good cause" shall be defined by rule promulgated by the | 22 |
| Department. Within 10 days of the date he
receives the | 23 |
| respondent's response, the complainant may file his reply | 24 |
| to
said response. If he chooses to file a reply, the | 25 |
| complainant shall serve
a copy of said reply on the | 26 |
| respondent or his representative. A party
shall have the | 27 |
| right to supplement his response or reply at any time that
| 28 |
| the investigation of the charge is pending.
| 29 |
| (2) A person who is not named as a respondent in a | 30 |
| charge, but who is
identified as a respondent in the course | 31 |
| of investigation, may be joined as
an additional or | 32 |
| substitute respondent upon written notice, under | 33 |
| subsection
(B), to such person, from the Department.
Such | 34 |
| notice, in addition to meeting the requirements of | 35 |
| subsections (A)
and (B), shall explain the basis for the | 36 |
| Department's belief that a person
to whom the notice is |
|
|
|
HB4829 Enrolled |
- 9 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| addressed is properly joined as a respondent.
| 2 |
| (C) Investigation.
| 3 |
| (1) The Department shall conduct a full investigation
| 4 |
| of the allegations set forth in the charge and complete | 5 |
| such investigation
within 100 days after the filing of the | 6 |
| charge, unless it is impracticable to
do so. The | 7 |
| Department's failure to complete the investigation within | 8 |
| 100 days after the proper filing of the charge does not | 9 |
| deprive the Department of jurisdiction over the charge.
| 10 |
| (2) If the Department is unable to complete the | 11 |
| investigation within 100
days after the charge is filed, | 12 |
| the Department shall notify the complainant
and respondent | 13 |
| in writing of the reasons for not doing so.
| 14 |
| (3) The Director or his or her designated | 15 |
| representative shall have
authority to request any member | 16 |
| of the Commission to issue subpoenas to
compel the | 17 |
| attendance of a witness or the production for
examination | 18 |
| of any books, records or documents whatsoever.
| 19 |
| (4) If any witness whose testimony is required for any | 20 |
| investigation
resides outside the State, or through | 21 |
| illness or any other good cause as
determined by the | 22 |
| Director is unable to be interviewed by the investigator
or | 23 |
| appear at a fact finding conference, his or her testimony | 24 |
| or deposition
may be taken, within or without the State, in | 25 |
| the same manner as
provided for in the taking of | 26 |
| depositions in civil cases in circuit courts.
| 27 |
| (5) Upon reasonable notice to the complainant and the | 28 |
| respondent,
the Department shall conduct a fact finding | 29 |
| conference, unless prior to
100 days from the date on which | 30 |
| the charge was filed, the Director has
determined whether | 31 |
| there is substantial evidence that the alleged civil
rights | 32 |
| violation has been committed. A party's failure to attend | 33 |
| the
conference
without good cause may result in dismissal | 34 |
| or default. A notice of dismissal
or default shall be | 35 |
| issued by the Director and shall notify the relevant
party | 36 |
| that a request for review may be filed in writing with the |
|
|
|
HB4829 Enrolled |
- 10 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| Chief Legal
Counsel of the Department
within 30 days of | 2 |
| receipt of notice of dismissal or default.
| 3 |
| (D) Report.
| 4 |
| (1) Each investigated charge shall be the subject of a
| 5 |
| report to the Director. The report shall be a confidential | 6 |
| document
subject to review by the Director, authorized | 7 |
| Department employees, the
parties, and, where indicated by | 8 |
| this Act, members of the Commission or
their designated | 9 |
| hearing officers.
| 10 |
| The report shall contain:
| 11 |
| (a) the names and dates of contacts with witnesses;
| 12 |
| (b) a summary and the date of correspondence and | 13 |
| other contacts with the
aggrieved party and the | 14 |
| respondent;
| 15 |
| (c) a summary description of other pertinent | 16 |
| records;
| 17 |
| (d) a summary of witness statements; and
| 18 |
| (e) answers to questionnaires.
| 19 |
| A final report under this paragraph may be amended if | 20 |
| additional evidence
is later discovered.
| 21 |
| (2) Upon review of the report and within 100 days of | 22 |
| the filing of the
charge, unless it is impracticable
to do | 23 |
| so, the Director shall determine whether there is | 24 |
| substantial
evidence that the alleged civil rights | 25 |
| violation has been committed or is
about to be committed.
| 26 |
| If the Director is unable to make the determination within | 27 |
| 100 days after
the filing of the charge, the Director shall | 28 |
| notify the complainant and
respondent in writing of the | 29 |
| reasons for not doing so. The Director's failure to make | 30 |
| the determination within 100 days after the proper filing | 31 |
| of the charge does not deprive the Department of | 32 |
| jurisdiction over the charge.
| 33 |
| (a) If the Director determines that there is no | 34 |
| substantial
evidence, the charge shall be dismissed | 35 |
| and the aggrieved party notified
that he or she may | 36 |
| seek review of the dismissal order before the
|
|
|
|
HB4829 Enrolled |
- 11 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| Commission. The aggrieved party shall have 30 days from | 2 |
| receipt of notice
to file a request for review by the | 3 |
| Chief Legal Counsel of the Department. The
Director | 4 |
| shall make
public disclosure of each such dismissal.
| 5 |
| (b) If the Director determines that there is | 6 |
| substantial evidence, he or
she shall immediately | 7 |
| issue a complaint on behalf of the aggrieved party
| 8 |
| pursuant to subsection (F).
| 9 |
| (E) Conciliation.
| 10 |
| (1) During the period beginning with the filing of
| 11 |
| charge and ending with the filing of a complaint or a | 12 |
| dismissal by the
Department, the Department shall, to the | 13 |
| extent feasible, engage in
conciliation with respect to | 14 |
| such charge.
| 15 |
| When the Department determines that a formal
| 16 |
| conciliation conference is feasible, the aggrieved party | 17 |
| and respondent
shall be notified of the time and place of | 18 |
| the conference by registered
or certified mail at least 7 | 19 |
| days prior thereto and either or both
parties shall appear | 20 |
| at the conference in person or by attorney.
| 21 |
| (2) The place fixed for the conference shall be within | 22 |
| 35 miles of
the place where the civil rights violation is | 23 |
| alleged to have been
committed.
| 24 |
| (3) Nothing occurring at the conference shall be made | 25 |
| public or used as
evidence in a subsequent proceeding for | 26 |
| the purpose of proving a violation
under this Act unless | 27 |
| the complainant and respondent agree in writing that
such | 28 |
| disclosure be made.
| 29 |
| (4) A conciliation agreement arising out of such | 30 |
| conciliation shall be
an agreement between the respondent | 31 |
| and the complainant, and shall be
subject to approval by | 32 |
| the Department and Commission.
| 33 |
| (5) A conciliation agreement may provide for binding | 34 |
| arbitration of the
dispute arising from the charge. Any | 35 |
| such arbitration that results from a
conciliation | 36 |
| agreement may award appropriate relief, including monetary |
|
|
|
HB4829 Enrolled |
- 12 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| relief.
| 2 |
| (6) Each conciliation agreement shall be made public | 3 |
| unless the
complainant and respondent otherwise agree and | 4 |
| the Department determines
that disclosure is not required | 5 |
| to further the purpose of this Act.
| 6 |
| (F) Complaint.
| 7 |
| (1) When there is a failure to settle or adjust any
| 8 |
| charge through a conciliation conference and the charge is | 9 |
| not dismissed,
the Department shall prepare a
written | 10 |
| complaint, under oath or affirmation, stating the nature of | 11 |
| the
civil rights violation and the relief sought on behalf | 12 |
| of the aggrieved
party. Such complaint shall be based on | 13 |
| the final investigation report and
need not be limited to | 14 |
| the facts or grounds alleged in the charge filed
under | 15 |
| subsection (A).
| 16 |
| (2) The complaint shall be filed with the Commission.
| 17 |
| (3) The Department may not issue a complaint under this | 18 |
| Section
regarding an alleged civil rights violation after | 19 |
| the beginning of
the trial of a civil action commenced by | 20 |
| the aggrieved party under any
State or federal law, seeking | 21 |
| relief with respect to that alleged civil rights
violation.
| 22 |
| (G) Time Limit.
| 23 |
| (1) When a charge of a civil rights violation has been
| 24 |
| properly filed, the Department, within 100 days thereof, | 25 |
| unless it is
impracticable to do so,
shall either issue and | 26 |
| file a complaint in the manner and form set forth in
this | 27 |
| Section or shall order that no complaint be issued. Any | 28 |
| such order
shall be duly served upon both the aggrieved | 29 |
| party and the respondent. The Department's failure to | 30 |
| either issue and file a complaint or order that no | 31 |
| complaint be issued within 100 days after the proper filing | 32 |
| of the charge does not deprive the Department of | 33 |
| jurisdiction over the charge.
| 34 |
| (2) The Director shall make available to the aggrieved | 35 |
| party
and the respondent, at any time, upon request | 36 |
| following completion of the
Department's investigation, |
|
|
|
HB4829 Enrolled |
- 13 - |
LRB094 16490 WGH 51750 b |
|
| 1 |
| information derived from an investigation and
any final | 2 |
| investigative report relating to that investigation.
| 3 |
| (H) This amendatory Act of 1995 applies to causes of action | 4 |
| filed on or
after
January 1, 1996.
| 5 |
| (Source: P.A. 94-326, eff. 7-26-05.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|