Full Text of HB1509 95th General Assembly
HB1509 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1509
Introduced 2/22/2007, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/7A-102 |
from Ch. 68, par. 7A-102 |
775 ILCS 5/7A-103 |
from Ch. 68, par. 7A-103 |
775 ILCS 5/7B-102 |
from Ch. 68, par. 7B-102 |
775 ILCS 5/7B-103 |
from Ch. 68, par. 7B-103 |
775 ILCS 5/8-103 |
from Ch. 68, par. 8-103 |
775 ILCS 5/8-110 |
from Ch. 68, par. 8-110 |
775 ILCS 5/8-111 |
from Ch. 68, par. 8-111 |
775 ILCS 5/7-101.1 rep. |
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Amends the Illinois Human Rights Act. Provides that review of certain decisions of the Director of Human Rights regarding charges shall be conducted by the Human Rights Commission, rather than the Chief Legal Counsel of the Department of Human Rights. Makes corresponding changes elsewhere in the Act. Authorizes complainants to commence a civil action in the appropriate circuit court instead of filing a complaint with the Human Rights Commission. Provides that, if complaint is filed with the Commission, a complainant may not later commence a civil action in a circuit court. Contains applicability provisions. Makes other changes.
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A BILL FOR
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HB1509 |
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LRB095 04301 AJO 27307 b |
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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, and 8-111 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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| (A-1) Equal Employment Opportunity Commission Charges. A | 20 |
| charge filed with the Equal Employment Opportunity Commission | 21 |
| within 180 days after the date of the alleged civil rights | 22 |
| violation shall be deemed filed with the Department on the date | 23 |
| filed with the Equal Employment Opportunity Commission. Upon |
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LRB095 04301 AJO 27307 b |
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| receipt of a charge filed with the Equal Employment Opportunity | 2 |
| Commission, the Department shall notify the complainant that he | 3 |
| or she may proceed with the Department. The complainant must | 4 |
| notify the Department of his or her decision in writing within | 5 |
| 35 days of receipt of the Department's notice to the | 6 |
| complainant and the Department shall close the case if the | 7 |
| complainant does not do so. If the complainant proceeds with | 8 |
| the Department, the Department shall take no action until the | 9 |
| Equal Employment Opportunity Commission makes a determination | 10 |
| on the charge. Upon receipt of the Equal Employment Opportunity | 11 |
| Commission's determination, the Department shall cause the | 12 |
| charge to be filed under oath or affirmation and to be in such | 13 |
| detail as provided for under subparagraph (2) of paragraph (A). | 14 |
| At the Department's discretion, the Department shall either | 15 |
| adopt the Equal Employment Opportunity Commission's | 16 |
| determination or process the charge pursuant to this Act. | 17 |
| Adoption of the Equal Employment Opportunity Commission's | 18 |
| determination shall be deemed a determination by the Department | 19 |
| for all purposes under this Act.
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| (B) Notice , and Response to , and Review of Charge.
The | 21 |
| Department shall, within 10
days of the date on which the | 22 |
| charge
was filed, serve a copy of the charge on the respondent. | 23 |
| This period shall
not be construed to be jurisdictional. The | 24 |
| charging party and the respondent
may each file a position | 25 |
| statement and other materials with the Department
regarding the | 26 |
| charge of alleged discrimination within 60 days of receipt of |
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| 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
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| 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
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| 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 may | 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
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| demonstrate good cause as
to why such notice should not issue. | 18 |
| The term "good cause" shall be defined by rule promulgated by | 19 |
| the Department. Within 30 days of receipt
of the respondent's | 20 |
| response, the complainant may file a
reply to
said response and
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| shall serve
a copy of said reply on the respondent or his | 22 |
| representative. A party
shall have the right to supplement his | 23 |
| response or reply at any time that
the investigation of the | 24 |
| charge is pending. The Department shall,
within 10 days of the | 25 |
| date on which the charge was filed,
and again no later than 335 | 26 |
| days thereafter,
send by certified or registered mail written |
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| notice to the complainant
and to the respondent
informing the | 2 |
| complainant
of the complainant's right to either file a | 3 |
| complaint with the Human
Rights Commission or commence a civil | 4 |
| action in the appropriate circuit court
under subparagraph (2) | 5 |
| of paragraph (G), including in such notice the dates
within | 6 |
| which the complainant may exercise this right.
In the notice | 7 |
| the Department shall notify the complainant that the
charge of | 8 |
| civil rights violation will be dismissed with prejudice and | 9 |
| with no
right to further proceed if a written complaint is not | 10 |
| timely filed with
the Commission or with the appropriate | 11 |
| circuit court by the complainant pursuant to subparagraph (2) | 12 |
| of paragraph (G)
or by the Department pursuant to subparagraph | 13 |
| (1) of paragraph (G).
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| (B-1) Mediation. The complainant and respondent may agree | 15 |
| to voluntarily
submit the charge
to mediation without waiving | 16 |
| any rights that are otherwise available to
either party | 17 |
| pursuant to this Act and without incurring any obligation to
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| accept the result of the mediation process. Nothing occurring | 19 |
| in mediation
shall
be disclosed by the Department or admissible | 20 |
| in evidence in any subsequent
proceeding unless the complainant | 21 |
| and the respondent agree in writing that such
disclosure be | 22 |
| 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 | 26 |
| allegations set
forth in the charge.
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| (2) The Director or his or her designated | 2 |
| representatives shall have
authority to request any member | 3 |
| of the Commission to issue subpoenas to
compel the | 4 |
| attendance of a witness or the production for
examination | 5 |
| of any books, records or documents whatsoever.
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| (3) If any witness whose testimony is required for any | 7 |
| investigation
resides outside the State, or through | 8 |
| illness or any other good cause as
determined by the | 9 |
| Director is unable to be interviewed by the investigator
or | 10 |
| appear at a fact finding conference, his or her testimony | 11 |
| or deposition
may be taken, within or without the State, in | 12 |
| the same manner as is
provided for in the taking of | 13 |
| depositions in civil cases in circuit courts.
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| (4) Upon reasonable notice to the complainant and the | 15 |
| respondent,
the Department shall conduct a fact finding | 16 |
| conference prior to
365 days after the date on which the | 17 |
| charge was filed,
unless the Director has determined | 18 |
| whether there is substantial evidence
that the alleged | 19 |
| civil rights violation has been committed or the charge has
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| been dismissed for lack of jurisdiction. If the parties | 21 |
| agree in writing,
the fact finding conference may be held | 22 |
| at a time after the 365 day limit.
Any party's failure to | 23 |
| attend the conference without good cause
shall result in | 24 |
| dismissal or default. The term "good cause"
shall
be | 25 |
| defined by rule promulgated by the Department. A notice of | 26 |
| dismissal or
default shall be issued by the Director and |
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| shall notify the relevant
party that a request for review | 2 |
| may be filed in writing with the Commission
Chief Legal
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| Counsel of the Department
within 30 days of receipt of | 4 |
| 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 | 7 |
| Director. The report shall be a confidential document
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| subject to review by the Director, authorized Department | 9 |
| employees, the
parties, and, where indicated by this Act, | 10 |
| members of the Commission or
their designated hearing | 11 |
| officers.
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| (2) Upon review of the report, the Director shall | 13 |
| determine whether
there is substantial evidence that the | 14 |
| alleged civil rights violation
has been committed.
The | 15 |
| determination of substantial evidence is limited to | 16 |
| determining the need
for further consideration of the | 17 |
| charge pursuant to this Act
and includes, but is not | 18 |
| limited to, findings of fact and conclusions, as well
as | 19 |
| the reasons for the determinations on all material issues. | 20 |
| Substantial evidence is evidence which a reasonable mind | 21 |
| accepts
as sufficient to support a particular conclusion | 22 |
| and which consists of more
than a mere scintilla but may be | 23 |
| somewhat less than a preponderance.
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| (3)
(a) If the Director determines
that there is no | 25 |
| substantial
evidence, the charge shall be dismissed by | 26 |
| order of the
Director and the Director shall give the
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| complainant notice of his or her right to
notified
that he | 2 |
| or she may seek review of the dismissal order before the
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| Commission or commence a civil action in the appropriate | 4 |
| circuit court. If the complainant chooses to have the Human | 5 |
| Rights Commission review the dismissal order, he or she | 6 |
| shall file a request for review with the Commission within | 7 |
| 30 days after receipt of the Director's notice. If the | 8 |
| complainant chooses to file a request for review with the | 9 |
| Commission, he or she may not later commence a civil action | 10 |
| in a circuit court. If the complainant chooses to commence | 11 |
| a civil action in a circuit court, he or she must do so | 12 |
| within 90 days after receipt of the Director's notice
Chief | 13 |
| Legal Counsel of the Department. The complainant
shall have | 14 |
| 30 days from receipt of
notice
to file a request for review | 15 |
| by the
Chief Legal Counsel of the Department .
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| (4) If the Director determines that there is | 17 |
| substantial evidence, he or she shall notify the | 18 |
| complainant and respondent of that determination. The | 19 |
| Director shall also notify the parties that the complainant | 20 |
| has the right to either commence a civil action in the | 21 |
| appropriate circuit court or request that the Department of | 22 |
| Human Rights file a complaint with the Human Rights | 23 |
| Commission on his or her behalf. Any such complaint shall | 24 |
| be filed within 90 days after receipt of the Director's | 25 |
| notice. If the complainant chooses to file with the | 26 |
| Commission, the Department shall file the complaint on his |
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| or her behalf. If a complaint is filed with the Commission, | 2 |
| a complainant may not later commence a civil action in a | 3 |
| circuit court.
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| (E) Conciliation.
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(1) When
(b) If the Director determines that there is | 6 |
| a finding of substantial evidence, the Department may
he or | 7 |
| she shall designate a Department employee who is an | 8 |
| attorney
licensed to practice in Illinois to endeavor to | 9 |
| eliminate the effect of
the alleged civil rights violation | 10 |
| and to prevent its repetition by
means of conference and | 11 |
| conciliation.
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| (E) Conciliation.
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| (2)
(1) When the Department determines that a formal
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| conciliation conference is necessary, the complainant and | 15 |
| respondent
shall be notified of the time and place of the | 16 |
| conference by registered
or certified mail at least 10 days | 17 |
| prior thereto and either or both
parties shall appear at | 18 |
| the conference in person or by attorney.
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| (3)
(2) The place fixed for the conference shall be | 20 |
| within 35 miles of
the place where the civil rights | 21 |
| violation is alleged to have been
committed.
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| (4)
(3) Nothing occurring at the conference shall be | 23 |
| disclosed by the
Department unless
the complainant and | 24 |
| respondent agree in writing that
such disclosure be made.
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| (5) The Department's efforts to conciliate the matter | 26 |
| shall not stay or extend the time for filing the complaint |
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| with the Commission or the circuit court.
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| (F) Complaint.
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| (1) When the complainant requests that the Department | 4 |
| file a complaint with the Commission on his or her behalf
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| there is a failure to settle or adjust any
charge through | 6 |
| conciliation , the Department shall prepare a
written | 7 |
| complaint, under oath or affirmation, stating the nature of | 8 |
| the
civil rights violation substantially as alleged in the | 9 |
| charge previously
filed and the relief sought on behalf of | 10 |
| the aggrieved party. The Department shall file the | 11 |
| complaint with the Commission.
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| (2) If the complainant chooses to commence a civil | 13 |
| action in a circuit court, he or she must do so in the | 14 |
| circuit court in the county wherein the civil rights | 15 |
| violation was allegedly committed. The form of the | 16 |
| complaint in any such civil action shall be in accordance | 17 |
| with the Illinois Code of Civil Procedure
The complaint | 18 |
| 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 | 22 |
| within any
extension of that period agreed to in writing by | 23 |
| all parties, shall issue its report as required by | 24 |
| subparagraph (D)
either issue and file a complaint in the | 25 |
| manner and form set forth in
this Section or shall order | 26 |
| that no complaint be issued and dismiss the
charge with |
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| prejudice without any further right to proceed except in | 2 |
| cases in
which the order was procured by fraud or duress . | 3 |
| Any such report
order
shall be duly served upon both the | 4 |
| complainant and the respondent.
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| (2) If the Department has not issued its report within | 6 |
| 365 days, the complainant shall have 90 days to either file | 7 |
| his or her own complaint with the Human Rights Commission | 8 |
| or commence a civil action in the appropriate circuit | 9 |
| court. If the complainant files a complaint with the | 10 |
| Commission, the
Between 365 and 395 days after the charge | 11 |
| is filed, or such longer
period agreed to in writing by all | 12 |
| parties, the
aggrieved party may file a complaint with the | 13 |
| Commission, if the Director
has not sooner issued a report | 14 |
| and determination pursuant to paragraphs
(D)(1)
and (D)(2) | 15 |
| of this Section.
The form of the complaint shall be in | 16 |
| accordance with the provisions of
paragraph (F). If the | 17 |
| complainant commences a civil action in a circuit court, | 18 |
| the form of the complaint shall be in accordance with the | 19 |
| Illinois Code of Civil Procedure. The aggrieved party shall | 20 |
| notify the Department that a
complaint
has been filed and | 21 |
| shall serve a copy of the complaint on the Department
on | 22 |
| the same date that the complaint is filed with the | 23 |
| Commission or in circuit court. If the complainant files a | 24 |
| complaint with the Commission, he or she may not later | 25 |
| commence a civil action in circuit court .
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| (3) If an aggrieved party files a complaint
with the
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| Human Rights Commission or commences a civil action in | 2 |
| circuit court pursuant to paragraph (2) of this subsection, | 3 |
| or if
the time period for filing a complaint has expired, | 4 |
| the
Department shall immediately cease its investigation | 5 |
| and
dismiss the charge of civil rights violation.
Any final | 6 |
| order entered by the Commission
Chief Legal Counsel under | 7 |
| this Section is
appealable in accordance with paragraph | 8 |
| (B)(1)
(A)(1) of Section 8-111.
Failure to immediately | 9 |
| cease an investigation and dismiss the charge of civil
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| rights violation as provided in this paragraph
(3) | 11 |
| constitutes grounds for entry of an order by the circuit | 12 |
| court permanently
enjoining the
investigation. The | 13 |
| Department may also be liable for any
costs and other | 14 |
| damages incurred by the respondent as a result of the | 15 |
| action of
the Department.
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| (4) The Department shall stay any administrative | 17 |
| proceedings
under this Section after the filing of a civil | 18 |
| action by or on behalf of the
aggrieved party under any | 19 |
| 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 | 22 |
| filed on or
after January 1, 1996.
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| (I) This amendatory Act of 1996 applies to causes of action | 24 |
| filed on or
after January 1, 1996.
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| (J) The changes made to this Section by this amendatory Act | 26 |
| of the 95th General Assembly apply to charges filed on or
after |
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LRB095 04301 AJO 27307 b |
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| the effective date of those changes.
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| (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; | 3 |
| 94-857, eff. 6-15-06.)
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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
| 3 |
| civil rights violation charged and taken steps to prevent | 4 |
| its repetition;
or
| 5 |
| (2) the respondent offers and the complainant declines | 6 |
| to accept
terms of settlement which the Department finds | 7 |
| are sufficient to
eliminate the effects of the civil rights | 8 |
| violation charged and prevent
its repetition.
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| When the Department dismisses a charge under this Section
| 10 |
| it
shall notify the complainant that he or she may seek review | 11 |
| of the
dismissal order before the Commission
Chief Legal | 12 |
| Counsel of the Department . The
complainant shall have 30
days | 13 |
| from receipt of notice to file a request for review by the | 14 |
| Commission
Chief Legal
Counsel of the Department .
| 15 |
| In determining whether the respondent has eliminated the
| 16 |
| effects
of the civil rights violation charged, or has offered | 17 |
| terms of settlement
sufficient to eliminate same, the | 18 |
| Department shall consider the extent to
which the respondent | 19 |
| has either fully provided, or reasonably offered by way
of | 20 |
| terms of settlement, as the case may be, the relevant relief | 21 |
| available
to the complainant under Section 8-108 of this Act.
| 22 |
| (E) This amendatory Act of 1995 applies to causes of action | 23 |
| filed on or
after January 1, 1996.
| 24 |
| (F) The changes made to this Section by this amendatory Act | 25 |
| of the 95th General Assembly apply to charges filed on or
after | 26 |
| the effective date of those changes.
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LRB095 04301 AJO 27307 b |
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| (Source: P.A. 91-357, eff. 7-29-99.)
| 2 |
| (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 3 |
| Sec. 7B-102. Procedures.
| 4 |
| (A) Charge.
| 5 |
| (1) Within one year after the
date that a civil rights | 6 |
| violation allegedly has been committed or terminated,
a | 7 |
| charge in writing under oath or affirmation may be filed | 8 |
| with the
Department by an aggrieved party or issued by the | 9 |
| Department itself
under the signature of the Director.
| 10 |
| (2) The charge shall be in such detail as to | 11 |
| substantially apprise
any party properly concerned as to | 12 |
| the time, place, and facts
surrounding the alleged civil | 13 |
| rights violation.
| 14 |
| (B) Notice and Response to Charge.
| 15 |
| (1) The Department shall serve
notice upon the | 16 |
| aggrieved party acknowledging such charge and advising the
| 17 |
| aggrieved party of the time limits and choice of forums | 18 |
| provided under this
Act. The Department shall, within 10 | 19 |
| days of the date on which the charge
was filed or the | 20 |
| identification of an additional respondent under paragraph
| 21 |
| (2) of this subsection, serve on the respondent a copy of | 22 |
| the charge along with a notice
identifying the alleged | 23 |
| civil rights violation and advising the
respondent of the | 24 |
| procedural rights and obligations of respondents under
| 25 |
| this Act and shall require the respondent to file a |
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LRB095 04301 AJO 27307 b |
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| verified response to
the allegations contained in the | 2 |
| charge within 30 days. The respondent
shall serve a copy of | 3 |
| its response on the complainant or his
representative. All | 4 |
| allegations contained in the charge
not timely denied by | 5 |
| the respondent shall be deemed admitted, unless the
| 6 |
| respondent states that it is without sufficient | 7 |
| information to
form a belief with respect to such | 8 |
| allegation. The Department may issue
a notice of default | 9 |
| directed to any respondent who fails to file a verified
| 10 |
| response to a charge within 30 days of the date on which | 11 |
| the charge was
filed, unless the respondent can demonstrate | 12 |
| good cause as
to why such notice should not issue. The term | 13 |
| "good cause" shall be defined by rule promulgated by the | 14 |
| Department. Within 10 days of the date he
receives the | 15 |
| respondent's response, the complainant may file his reply | 16 |
| to
said response. If he chooses to file a reply, the | 17 |
| complainant shall serve
a copy of said reply on the | 18 |
| respondent or his representative. A party
shall have the | 19 |
| right to supplement his response or reply at any time that
| 20 |
| the investigation of the charge is pending.
| 21 |
| (2) A person who is not named as a respondent in a | 22 |
| charge, but who is
identified as a respondent in the course | 23 |
| of investigation, may be joined as
an additional or | 24 |
| substitute respondent upon written notice, under | 25 |
| subsection
(B), to such person, from the Department.
Such | 26 |
| notice, in addition to meeting the requirements of |
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LRB095 04301 AJO 27307 b |
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| subsections (A)
and (B), shall explain the basis for the | 2 |
| Department's belief that a person
to whom the notice is | 3 |
| addressed is properly joined as a respondent.
| 4 |
| (C) Investigation.
| 5 |
| (1) The Department shall conduct a full investigation
| 6 |
| of the allegations set forth in the charge and complete | 7 |
| such investigation
within 100 days after the filing of the | 8 |
| charge, unless it is impracticable to
do so. The | 9 |
| Department's failure to complete the investigation within | 10 |
| 100 days after the proper filing of the charge does not | 11 |
| deprive the Department of jurisdiction over the charge.
| 12 |
| (2) If the Department is unable to complete the | 13 |
| investigation within 100
days after the charge is filed, | 14 |
| the Department shall notify the complainant
and respondent | 15 |
| in writing of the reasons for not doing so.
| 16 |
| (3) The Director or his or her designated | 17 |
| representative 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 |
| (4) 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 |
|
|
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| 1 |
| the same manner as
provided for in the taking of | 2 |
| depositions in civil cases in circuit courts.
| 3 |
| (5) Upon reasonable notice to the complainant and the | 4 |
| respondent,
the Department shall conduct a fact finding | 5 |
| conference, unless prior to
100 days from the date on which | 6 |
| the charge was filed, the Director has
determined whether | 7 |
| there is substantial evidence that the alleged civil
rights | 8 |
| violation has been committed. A party's failure to attend | 9 |
| the
conference
without good cause may result in dismissal | 10 |
| or default. A notice of dismissal
or default shall be | 11 |
| issued by the Director and shall notify the relevant
party | 12 |
| that a request for review may be filed in writing with the | 13 |
| Commission
Chief Legal
Counsel of the Department
within 30 | 14 |
| days of receipt of notice of dismissal or default.
| 15 |
| (D) Report.
| 16 |
| (1) Each investigated charge shall be the subject of a
| 17 |
| report to the Director. The report shall be a confidential | 18 |
| document
subject to review by the Director, authorized | 19 |
| Department employees, the
parties, and, where indicated by | 20 |
| this Act, members of the Commission or
their designated | 21 |
| hearing officers.
| 22 |
| The report shall contain:
| 23 |
| (a) the names and dates of contacts with witnesses;
| 24 |
| (b) a summary and the date of correspondence and | 25 |
| other contacts with the
aggrieved party and the | 26 |
| respondent;
|
|
|
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LRB095 04301 AJO 27307 b |
|
| 1 |
| (c) a summary description of other pertinent | 2 |
| records;
| 3 |
| (d) a summary of witness statements; and
| 4 |
| (e) answers to questionnaires.
| 5 |
| A final report under this paragraph may be amended if | 6 |
| additional evidence
is later discovered.
| 7 |
| (2) Upon review of the report and within 100 days of | 8 |
| the filing of the
charge, unless it is impracticable
to do | 9 |
| so, the Director shall determine whether there is | 10 |
| substantial
evidence that the alleged civil rights | 11 |
| violation has been committed or is
about to be committed.
| 12 |
| If the Director is unable to make the determination within | 13 |
| 100 days after
the filing of the charge, the Director shall | 14 |
| notify the complainant and
respondent in writing of the | 15 |
| reasons for not doing so. The Director's failure to make | 16 |
| the determination within 100 days after the proper filing | 17 |
| of the charge does not deprive the Department of | 18 |
| jurisdiction over the charge.
| 19 |
| (a) If the Director determines that there is no | 20 |
| substantial
evidence, the charge shall be dismissed | 21 |
| and the aggrieved party notified
that he or she may | 22 |
| seek review of the dismissal order before the
| 23 |
| Commission. The aggrieved party shall have 30 days from | 24 |
| receipt of notice
to file a request for review by the | 25 |
| Commission
Chief Legal Counsel of the Department . The
| 26 |
| Director shall make
public disclosure of each such |
|
|
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LRB095 04301 AJO 27307 b |
|
| 1 |
| dismissal.
| 2 |
| (b) If the Director determines that there is | 3 |
| substantial evidence, he or
she shall immediately | 4 |
| issue a complaint on behalf of the aggrieved party
| 5 |
| pursuant to subsection (F).
| 6 |
| (E) Conciliation.
| 7 |
| (1) During the period beginning with the filing of
| 8 |
| charge and ending with the filing of a complaint or a | 9 |
| dismissal by the
Department, the Department shall, to the | 10 |
| extent feasible, engage in
conciliation with respect to | 11 |
| such charge.
| 12 |
| When the Department determines that a formal
| 13 |
| conciliation conference is feasible, the aggrieved party | 14 |
| and respondent
shall be notified of the time and place of | 15 |
| the conference by registered
or certified mail at least 7 | 16 |
| days prior thereto and either or both
parties shall appear | 17 |
| at the conference in person or by attorney.
| 18 |
| (2) The place fixed for the conference shall be within | 19 |
| 35 miles of
the place where the civil rights violation is | 20 |
| alleged to have been
committed.
| 21 |
| (3) Nothing occurring at the conference shall be made | 22 |
| public or used as
evidence in a subsequent proceeding for | 23 |
| the purpose of proving a violation
under this Act unless | 24 |
| the complainant and respondent agree in writing that
such | 25 |
| disclosure be made.
| 26 |
| (4) A conciliation agreement arising out of such |
|
|
|
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LRB095 04301 AJO 27307 b |
|
| 1 |
| conciliation shall be
an agreement between the respondent | 2 |
| and the complainant, and shall be
subject to approval by | 3 |
| the Department and Commission.
| 4 |
| (5) A conciliation agreement may provide for binding | 5 |
| arbitration of the
dispute arising from the charge. Any | 6 |
| such arbitration that results from a
conciliation | 7 |
| agreement may award appropriate relief, including monetary | 8 |
| relief.
| 9 |
| (6) Each conciliation agreement shall be made public | 10 |
| unless the
complainant and respondent otherwise agree and | 11 |
| the Department determines
that disclosure is not required | 12 |
| to further the purpose of this Act.
| 13 |
| (F) Complaint.
| 14 |
| (1) When there is a failure to settle or adjust any
| 15 |
| charge through a conciliation conference and the charge is | 16 |
| not dismissed,
the Department shall prepare a
written | 17 |
| complaint, under oath or affirmation, stating the nature of | 18 |
| the
civil rights violation and the relief sought on behalf | 19 |
| of the aggrieved
party. Such complaint shall be based on | 20 |
| the final investigation report and
need not be limited to | 21 |
| the facts or grounds alleged in the charge filed
under | 22 |
| subsection (A).
| 23 |
| (2) The complaint shall be filed with the Commission.
| 24 |
| (3) The Department may not issue a complaint under this | 25 |
| Section
regarding an alleged civil rights violation after | 26 |
| the beginning of
the trial of a civil action commenced by |
|
|
|
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LRB095 04301 AJO 27307 b |
|
| 1 |
| the aggrieved party under any
State or federal law, seeking | 2 |
| relief with respect to that alleged civil rights
violation.
| 3 |
| (G) Time Limit.
| 4 |
| (1) When a charge of a civil rights violation has been
| 5 |
| properly filed, the Department, within 100 days thereof, | 6 |
| unless it is
impracticable to do so,
shall either issue and | 7 |
| file a complaint in the manner and form set forth in
this | 8 |
| Section or shall order that no complaint be issued. Any | 9 |
| such order
shall be duly served upon both the aggrieved | 10 |
| party and the respondent. The Department's failure to | 11 |
| either issue and file a complaint or order that no | 12 |
| complaint be issued within 100 days after the proper filing | 13 |
| of the charge does not deprive the Department of | 14 |
| jurisdiction over the charge.
| 15 |
| (2) The Director shall make available to the aggrieved | 16 |
| party
and the respondent, at any time, upon request | 17 |
| following completion of the
Department's investigation, | 18 |
| information derived from an investigation and
any final | 19 |
| investigative report relating to that investigation.
| 20 |
| (H) This amendatory Act of 1995 applies to causes of action | 21 |
| filed on or
after
January 1, 1996.
| 22 |
| (I) The changes made to this Section by this amendatory Act | 23 |
| of the 95th General Assembly apply to charges filed on or
after | 24 |
| the effective date of those changes. | 25 |
| (Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06.)
|
|
|
|
HB1509 |
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LRB095 04301 AJO 27307 b |
|
| 1 |
| (775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
| 2 |
| Sec. 7B-103. Settlement.
| 3 |
| (A) Circumstances. A settlement of any
charge prior to the | 4 |
| filing of a complaint may be
effectuated at any time upon | 5 |
| agreement of the
parties and the approval of the Department.
A | 6 |
| settlement of any charge after the filing of complaint shall be
| 7 |
| effectuated as specified in Section 8-105 (A) (2) of this Act.
| 8 |
| (B) Form. Settlements of charges prior to the filing of
| 9 |
| complaints shall be reduced to writing by the
Department, | 10 |
| signed by the parties, and submitted by the Department to
the | 11 |
| Commission for approval.
Settlements of charges after the | 12 |
| filing of complaints shall be
effectuated as specified in | 13 |
| Section 8-105 (A) (2) of this Act.
| 14 |
| (C) Violation.
| 15 |
| (1) When either party alleges that a settlement
order | 16 |
| has been violated, the Department shall conduct an | 17 |
| investigation
into the matter.
| 18 |
| (2) Upon finding substantial evidence to demonstrate | 19 |
| that a
settlement has been violated, the Department shall
| 20 |
| refer the matter to the Attorney General for enforcement in | 21 |
| the circuit
court in which the respondent or complainant | 22 |
| resides or transacts business
or in which the alleged | 23 |
| violation took place.
| 24 |
| (D) Dismissal For Refusal To Accept Settlement Offer. The
| 25 |
| Department may dismiss a charge if it is satisfied that:
| 26 |
| (1) the respondent has eliminated the effects of the
|
|
|
|
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LRB095 04301 AJO 27307 b |
|
| 1 |
| civil rights violation charged and taken steps to prevent | 2 |
| its repetition;
or
| 3 |
| (2) the respondent offers and the aggrieved party | 4 |
| declines to accept
terms of settlement which the Department | 5 |
| finds are sufficient to
eliminate the effects of the civil | 6 |
| rights violation charged and prevent
its repetition.
| 7 |
| (3) When the Department dismisses a charge under this | 8 |
| Section it
shall notify the complainant that he or she may | 9 |
| seek review of the
dismissal order before the Commission. | 10 |
| The aggrieved party shall have 30
days from receipt of | 11 |
| notice to file a request for review by the Commission
Chief | 12 |
| Legal
Counsel of the Department .
| 13 |
| (4) In determining whether the respondent has | 14 |
| eliminated the effects
of the civil rights violation | 15 |
| charged, or has offered terms of settlement
sufficient to | 16 |
| eliminate same, the Department shall consider the extent to
| 17 |
| which the respondent has either fully provided, or | 18 |
| reasonably offered by way
of terms of settlement, as the | 19 |
| case may be, the relevant relief available
to the aggrieved | 20 |
| party under Section 8B-104 of this Act with the exception
| 21 |
| of civil penalties.
| 22 |
| (E) This amendatory Act of 1995 applies to causes of action | 23 |
| filed on or
after January 1, 1996.
| 24 |
| (F) The changes made to this Section by this amendatory Act | 25 |
| of the 95th General Assembly apply to charges filed on or
after | 26 |
| the effective date of those changes. |
|
|
|
HB1509 |
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LRB095 04301 AJO 27307 b |
|
| 1 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 2 |
| (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| 3 |
| Sec. 8-103. Request for Review.
| 4 |
| (A) Applicability. This Section does not apply to any cause | 5 |
| of action
filed on or after January 1, 1996.
| 6 |
| (A-1) Jurisdiction. The Commission,
through a panel of | 7 |
| three members, shall have jurisdiction to hear and
determine | 8 |
| requests for review of (1) decisions of the Department to | 9 |
| dismiss
a charge; and (2) notices of default issued by the | 10 |
| Department.
| 11 |
| In each instance, the Department shall be the respondent.
| 12 |
| (B) Review. When a request for review is properly filed, | 13 |
| the Commission
may consider the Department's report, any | 14 |
| argument and supplemental evidence
timely submitted, and the | 15 |
| results of any additional investigation conducted by
the
| 16 |
| Department in response to the request. In its discretion, the | 17 |
| Commission
may designate a hearing officer to conduct a hearing | 18 |
| into the factual basis
of the matter at issue.
| 19 |
| (C) Default Order. When a respondent fails to file a timely | 20 |
| request
for review of a notice of default, or the default is | 21 |
| sustained on review,
the Commission shall enter a default order | 22 |
| and set a hearing on damages.
| 23 |
| (D) Time Period Toll. Proceedings on requests for review | 24 |
| shall toll
the time limitation established in paragraph (G) of | 25 |
| Section 7A-102 from
the date on which the Department's notice |
|
|
|
HB1509 |
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LRB095 04301 AJO 27307 b |
|
| 1 |
| of dismissal or default is issued
to the date
on which the | 2 |
| Commission's order is entered.
| 3 |
| (E) The changes made to this Section by this amendatory Act | 4 |
| of the 95th General Assembly apply to charges, complaints, or | 5 |
| other proceedings filed with the Department or Commission on or
| 6 |
| after the effective date of those changes. | 7 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 8 |
| (775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
| 9 |
| Sec. 8-110. Publication of Opinions. Decisions of the | 10 |
| Commission or panels
thereof , whether on requests for review or
| 11 |
| complaints , shall be
published
within 120 calendar days of the | 12 |
| completion of service of the written
decision on the parties to | 13 |
| ensure
assure a consistent source of precedent.
| 14 |
| This amendatory Act of 1995 applies to causes of action | 15 |
| filed on or after
January 1, 1996.
| 16 |
| The changes made to this Section by this amendatory Act of | 17 |
| the 95th General Assembly apply to decisions of the Commission | 18 |
| entered on or
after the effective date of those changes. | 19 |
| (Source: P.A. 89-370, eff. 8-18-95.)
| 20 |
| (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
| 21 |
| Sec. 8-111. Court Proceedings.
| 22 |
| (A) Civil Actions Commenced in Circuit Court. | 23 |
| (1) Venue. Civil actions commenced in a circuit court | 24 |
| pursuant to section 7A-102 shall be commenced in the |
|
|
|
HB1509 |
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LRB095 04301 AJO 27307 b |
|
| 1 |
| circuit court for the district in which the civil rights | 2 |
| violation was allegedly committed. | 3 |
| (2) If a civil action is commenced in a circuit court, | 4 |
| the form of the complaint shall be in accordance with | 5 |
| Illinois Code of Civil Procedure. | 6 |
| (3) Civil actions commenced in a circuit court pursuant | 7 |
| to section 7A-102 shall be tried by a judge without a jury. | 8 |
| (4) Remedies. Upon the finding of a civil rights | 9 |
| violation, the circuit court may order any of the remedies | 10 |
| set forth in section 8A-104. | 11 |
| (B)
(A) (1) Judicial Review. | 12 |
| (1) Any
complainant or respondent may apply for and | 13 |
| obtain judicial review of a
any
final order of the | 14 |
| Commission entered under this Act by filing
a petition
for | 15 |
| review in the Appellate Court within 35 days from the date | 16 |
| that a copy of
the decision sought to be reviewed was | 17 |
| served upon the party affected by the
decision.
If a | 18 |
| 3-member panel or the full Commission finds that an | 19 |
| interlocutory
order involves a question of law as to which | 20 |
| there is substantial ground for
difference of opinion and | 21 |
| that an immediate appeal from the order may
materially | 22 |
| advance the ultimate termination of the litigation, any | 23 |
| party may
petition the Appellate Court for permission to | 24 |
| appeal the order. The procedure
for obtaining the required | 25 |
| Commission findings and the permission of the
Appellate | 26 |
| Court shall be governed by Supreme Court Rule 308, except |
|
|
|
HB1509 |
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LRB095 04301 AJO 27307 b |
|
| 1 |
| the
references to the "trial court" shall be understood as | 2 |
| referring to the
Commission.
| 3 |
| (2) In any proceeding brought for judicial review, the
| 4 |
| Commission's findings
of fact made at the administrative | 5 |
| level shall be sustained unless the
court determines that | 6 |
| such findings
are contrary to the manifest weight of the | 7 |
| evidence.
| 8 |
| (3) Venue. Proceedings for judicial review shall be | 9 |
| commenced in the
appellate court for the district wherein | 10 |
| the civil rights violation which is the subject of the | 11 |
| Commission's order was
allegedly committed.
| 12 |
| (C)
(B) Judicial Enforcement.
| 13 |
| (1) When the Commission, at the instance of
the | 14 |
| Department or an aggrieved party, concludes that any person | 15 |
| has violated
a valid order of the Commission issued | 16 |
| pursuant to this Act, and the violation
and its effects are | 17 |
| not promptly corrected, the Commission, through a panel
of | 18 |
| 3 members, shall order the Department to commence an action | 19 |
| in the name
of the People of the State of Illinois by | 20 |
| complaint, alleging the violation,
attaching a copy of the
| 21 |
| order of the Commission and praying for the issuance of an | 22 |
| order directing
such person, his or her or its officers, | 23 |
| agents, servants, successors and
assigns to comply with the | 24 |
| order of the Commission.
| 25 |
| (2) An aggrieved party may file a complaint for | 26 |
| enforcement of a valid
order of the Commission directly in |
|
|
|
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LRB095 04301 AJO 27307 b |
|
| 1 |
| Circuit Court.
| 2 |
| (3) Upon the commencement of an action filed under
| 3 |
| paragraphs (1) or (2) of subsection (B) of this Section
the | 4 |
| court shall have jurisdiction
over the proceedings and | 5 |
| power to grant or refuse, in whole or in part,
the relief | 6 |
| sought or impose such other remedy as the court may deem | 7 |
| proper.
| 8 |
| (4) The court may stay an order of the Commission in | 9 |
| accordance with the
applicable Supreme Court rules, | 10 |
| pending disposition of the proceedings.
| 11 |
| (5) The court may punish for any violation of its order | 12 |
| as in the
case of civil contempt.
| 13 |
| (6) Venue. Proceedings for judicial enforcement of a | 14 |
| Commission order
shall be commenced in the circuit court in | 15 |
| the county wherein the civil
rights violation which is the | 16 |
| subject of the Commission's order was committed.
| 17 |
| (D)
(C) Limitation. Except as otherwise provided by law, no | 18 |
| court of this
state shall have jurisdiction over the subject of | 19 |
| an alleged civil rights
violation other than as set forth in | 20 |
| this Act.
| 21 |
| (E)
(D) This amendatory Act of 1996 applies to causes of | 22 |
| action filed on or
after January 1, 1996.
| 23 |
| (F) The changes made to this Section by this amendatory Act | 24 |
| of the 95th General Assembly apply to charges, complaints, or | 25 |
| other proceedings filed with the Department or the Commission | 26 |
| on or
after the effective date of those changes.
|
|
|
|
HB1509 |
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LRB095 04301 AJO 27307 b |
|
| 1 |
| (Source: P.A. 88-1; 89-348, eff. 1-1-96; 89-520, eff. 7-18-96.)
| 2 |
| (775 ILCS 5/7-101.1 rep.)
| 3 |
| Section 10. The Illinois Human Rights Act is amended by | 4 |
| repealing Section 7-101.1. |
|