Full Text of HB1552 97th General Assembly
HB1552enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 7A-102 as follows:
| 6 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 7 | | Sec. 7A-102. Procedures.
| 8 | | (A) Charge.
| 9 | | (1) Within 180 days after the
date that a civil rights | 10 | | violation allegedly has been committed, a
charge in writing | 11 | | under oath or affirmation may be filed with the
Department | 12 | | by an aggrieved party or issued by the Department itself
| 13 | | under the signature of the Director.
| 14 | | (2) The charge shall be in such detail as to | 15 | | substantially apprise
any party properly concerned as to | 16 | | the time, place, and facts
surrounding the alleged civil | 17 | | rights violation.
| 18 | | (A-1) Equal Employment Opportunity Commission Charges. A | 19 | | charge filed with the Equal Employment Opportunity Commission | 20 | | within 180 days after the date of the alleged civil rights | 21 | | violation shall be deemed filed with the Department on the date | 22 | | filed with the Equal Employment Opportunity Commission. Upon | 23 | | receipt of a charge filed with the Equal Employment Opportunity |
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| 1 | | Commission, the Department shall notify the complainant that he | 2 | | or she may proceed with the Department. The complainant must | 3 | | notify the Department of his or her decision in writing within | 4 | | 35 days of receipt of the Department's notice to the | 5 | | complainant and the Department shall close the case if the | 6 | | complainant does not do so. If the complainant proceeds with | 7 | | the Department, the Department shall take no action until the | 8 | | Equal Employment Opportunity Commission makes a determination | 9 | | on the charge. Upon receipt of the Equal Employment Opportunity | 10 | | Commission's determination, the Department shall cause the | 11 | | charge to be filed under oath or affirmation and to be in such | 12 | | detail as provided for under subparagraph (2) of paragraph (A). | 13 | | For those charges alleging violations within the jurisdiction | 14 | | of the Equal Employment Opportunity Commission and the | 15 | | Department and for which the Equal Employment Opportunity | 16 | | Commission does not determine that there is reasonable cause to | 17 | | believe that discrimination occurred, the Department shall | 18 | | adopt the Equal Employment Opportunity Commission's | 19 | | determination which shall be deemed a determination by the | 20 | | Department for all purposes under this Act. For those charges | 21 | | where the Equal Employment Opportunity Commission determines | 22 | | that there is reasonable cause to believe that discrimination | 23 | | occurred, the Department, at its discretion, shall either adopt | 24 | | the Equal Employment Opportunity Commission's determination or | 25 | | process the charge pursuant to this Act. At the Department's | 26 | | discretion, the Department shall either adopt the Equal |
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| 1 | | Employment Opportunity Commission's determination or process | 2 | | the charge pursuant to this Act. Adoption of the Equal | 3 | | Employment Opportunity Commission's determination shall be | 4 | | deemed a determination by the Department for all purposes under | 5 | | this Act.
| 6 | | (B) Notice and Response to Charge.
The Department shall, | 7 | | within 10
days of the date on which the charge
was filed, serve | 8 | | a copy of the charge on the respondent. This period shall
not | 9 | | be construed to be jurisdictional. The charging party and the | 10 | | respondent
may each file a position statement and other | 11 | | materials with the Department
regarding the charge of alleged | 12 | | discrimination within 60 days of receipt of the
notice of the | 13 | | charge. The position statements and other materials filed shall
| 14 | | remain confidential unless otherwise agreed to by the party | 15 | | providing the
information and shall not be served on or made | 16 | | available to the other
party during pendency
of a charge with | 17 | | the Department. The Department
shall
require the respondent to | 18 | | file a verified response to
the allegations contained in the | 19 | | charge within 60 days of receipt of the
notice of the
charge. | 20 | | The respondent shall serve a copy
of its response on the
| 21 | | complainant or his representative. All allegations contained | 22 | | in the charge
not timely denied by the respondent shall be | 23 | | deemed admitted, unless the
respondent states that it is | 24 | | without sufficient information to
form a belief with respect to | 25 | | such allegation. The Department may issue
a notice of default | 26 | | directed to any respondent who fails to file a
verified |
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| 1 | | response to a charge within 60 days of receipt of the
notice of | 2 | | the charge,
unless the respondent can
demonstrate good cause as
| 3 | | to why such notice should not issue. The term "good cause" | 4 | | shall be defined by rule promulgated by the Department. Within | 5 | | 30 days of receipt
of the respondent's response, the | 6 | | complainant may file a
reply to
said response and
shall serve
a | 7 | | copy of said reply on the respondent or his representative. A | 8 | | party
shall have the right to supplement his response or reply | 9 | | at any time that
the investigation of the charge is pending. | 10 | | The Department shall,
within 10 days of the date on which the | 11 | | charge was filed,
and again no later than 335 days thereafter,
| 12 | | send by certified or registered mail written notice to the | 13 | | complainant
and to the respondent
informing the complainant
of | 14 | | the complainant's right to either file a complaint with the | 15 | | Human
Rights Commission or commence a civil action in the | 16 | | appropriate circuit court
under subparagraph (2) of paragraph | 17 | | (G), including in such notice the dates
within which the | 18 | | complainant may exercise this right.
In the notice the | 19 | | Department shall notify the complainant that the
charge of | 20 | | civil rights violation will be dismissed with prejudice and | 21 | | with no
right to further proceed if a written complaint is not | 22 | | timely filed with
the Commission or with the appropriate | 23 | | circuit court by the complainant pursuant to subparagraph (2) | 24 | | of paragraph (G)
or by the Department pursuant to subparagraph | 25 | | (1) of paragraph (G).
| 26 | | (B-1) Mediation. The complainant and respondent may agree |
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| 1 | | to voluntarily
submit the charge
to mediation without waiving | 2 | | any rights that are otherwise available to
either party | 3 | | pursuant to this Act and without incurring any obligation to
| 4 | | accept the result of the mediation process. Nothing occurring | 5 | | in mediation
shall
be disclosed by the Department or admissible | 6 | | in evidence in any subsequent
proceeding unless the complainant | 7 | | and the respondent agree in writing that such
disclosure be | 8 | | made.
| 9 | | (C) Investigation.
| 10 | | (1) After the respondent has been notified, the
| 11 | | Department shall conduct a full investigation of the | 12 | | allegations set
forth in the charge.
| 13 | | (2) The Director or his or her designated | 14 | | representatives shall have
authority to request any member | 15 | | of the Commission to issue subpoenas to
compel the | 16 | | attendance of a witness or the production for
examination | 17 | | of any books, records or documents whatsoever.
| 18 | | (3) If any witness whose testimony is required for any | 19 | | investigation
resides outside the State, or through | 20 | | illness or any other good cause as
determined by the | 21 | | Director is unable to be interviewed by the investigator
or | 22 | | appear at a fact finding conference, his or her testimony | 23 | | or deposition
may be taken, within or without the State, in | 24 | | the same manner as is
provided for in the taking of | 25 | | depositions in civil cases in circuit courts.
| 26 | | (4) Upon reasonable notice to the complainant and the |
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| 1 | | respondent,
the Department shall conduct a fact finding | 2 | | conference prior to
365 days after the date on which the | 3 | | charge was filed,
unless the Director has determined | 4 | | whether there is substantial evidence
that the alleged | 5 | | civil rights violation has been committed or the charge has
| 6 | | been dismissed for lack of jurisdiction. If the parties | 7 | | agree in writing,
the fact finding conference may be held | 8 | | at a time after the 365 day limit.
Any party's failure to | 9 | | attend the conference without good cause
shall result in | 10 | | dismissal or default. The term "good cause"
shall
be | 11 | | defined by rule promulgated by the Department. A notice of | 12 | | dismissal or
default shall be issued by the Director. The | 13 | | notice of default issued by the Director shall notify the | 14 | | respondent that a request for review may be filed in | 15 | | writing with the Commission
within 30 days of receipt of | 16 | | notice of default. The notice of dismissal issued by the | 17 | | Director shall give
the complainant notice of his or her | 18 | | right to seek review of the dismissal
before the Human | 19 | | Rights Commission or commence a civil action in the
| 20 | | appropriate circuit court. If the complainant chooses to | 21 | | have the Human Rights Commission review the dismissal | 22 | | order, he or she shall file a request for review with the | 23 | | Commission within 90 days after receipt of the Director's | 24 | | notice. If the complainant chooses to file a request for | 25 | | review with the Commission, he or she may not later | 26 | | commence a civil action in a circuit court. If the |
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| 1 | | complainant chooses to commence a civil action in a circuit | 2 | | court, he or she must do so within 90 days after receipt of | 3 | | the Director's notice.
| 4 | | (D) Report.
| 5 | | (1) Each charge shall be the
subject of a
report to the | 6 | | Director. The report shall be a confidential document
| 7 | | subject to review by the Director, authorized Department | 8 | | employees, the
parties, and, where indicated by this Act, | 9 | | members of the Commission or
their designated hearing | 10 | | officers.
| 11 | | (2) Upon review of the report, the Director shall | 12 | | determine whether
there is substantial evidence that the | 13 | | alleged civil rights violation
has been committed.
The | 14 | | determination of substantial evidence is limited to | 15 | | determining the need
for further consideration of the | 16 | | charge pursuant to this Act
and includes, but is not | 17 | | limited to, findings of fact and conclusions, as well
as | 18 | | the reasons for the determinations on all material issues. | 19 | | Substantial evidence is evidence which a reasonable mind | 20 | | accepts
as sufficient to support a particular conclusion | 21 | | and which consists of more
than a mere scintilla but may be | 22 | | somewhat less than a preponderance.
| 23 | | (3) If the Director determines
that there is no | 24 | | substantial
evidence, the charge shall be dismissed by | 25 | | order of the
Director and the Director shall give the
| 26 | | complainant notice of his or her right to seek review of |
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| 1 | | the dismissal order before the
Commission or commence a | 2 | | civil action in the appropriate circuit court. If the | 3 | | complainant chooses to have the Human Rights Commission | 4 | | review the dismissal order, he or she shall file a request | 5 | | for review with the Commission within 90 days after receipt | 6 | | of the Director's notice. If the complainant chooses to | 7 | | file a request for review with the Commission, he or she | 8 | | may not later commence a civil action in a circuit court. | 9 | | If the complainant chooses to commence a civil action in a | 10 | | circuit court, he or she must do so within 90 days after | 11 | | receipt of the Director's notice.
| 12 | | (4) If the Director determines that there is | 13 | | substantial evidence, he or she shall notify the | 14 | | complainant and respondent of that determination. The | 15 | | Director shall also notify the parties that the complainant | 16 | | has the right to either commence a civil action in the | 17 | | appropriate circuit court or request that the Department of | 18 | | Human Rights file a complaint with the Human Rights | 19 | | Commission on his or her behalf. Any such complaint shall | 20 | | be filed within 90 days after receipt of the Director's | 21 | | notice. If the complainant chooses to have the Department | 22 | | file a complaint with the Human Rights Commission on his or | 23 | | her behalf, the complainant must, within 30 days after | 24 | | receipt of the Director's notice, request in writing that | 25 | | the Department file the complaint. If the complainant | 26 | | timely requests that the Department file the complaint, the |
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| 1 | | Department shall file the complaint on his or her behalf. | 2 | | If the complainant fails to timely request that the | 3 | | Department file the complaint, the complainant may file his | 4 | | or her complaint with the Commission or commence a civil | 5 | | action in the appropriate circuit court.
If the complainant | 6 | | files a complaint with
the Human Rights Commission, the | 7 | | complainant shall give notice to the
Department of the | 8 | | filing of the complaint with the Human Rights Commission. | 9 | | (E) Conciliation.
| 10 | |
(1) When there is a finding of substantial evidence, | 11 | | the Department may designate a Department employee who is | 12 | | an attorney
licensed to practice in Illinois to endeavor to | 13 | | eliminate the effect of
the alleged civil rights violation | 14 | | and to prevent its repetition by
means of conference and | 15 | | conciliation.
| 16 | | (2) When the Department determines that a formal
| 17 | | conciliation conference is necessary, the complainant and | 18 | | respondent
shall be notified of the time and place of the | 19 | | conference by registered
or certified mail at least 10 days | 20 | | prior thereto and either or both
parties shall appear at | 21 | | the conference in person or by attorney.
| 22 | | (3) The place fixed for the conference shall be within | 23 | | 35 miles of
the place where the civil rights violation is | 24 | | alleged to have been
committed.
| 25 | | (4) Nothing occurring at the conference shall be | 26 | | disclosed by the
Department unless
the complainant and |
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| 1 | | respondent agree in writing that
such disclosure be made.
| 2 | | (5) The Department's efforts to conciliate the matter | 3 | | shall not stay or extend the time for filing the complaint | 4 | | with the Commission or the circuit court.
| 5 | | (F) Complaint.
| 6 | | (1) When the complainant requests that the Department | 7 | | file a complaint with the Commission on his or her behalf, | 8 | | the Department shall prepare a
written complaint, under | 9 | | oath or affirmation, stating the nature of the
civil rights | 10 | | violation substantially as alleged in the charge | 11 | | previously
filed and the relief sought on behalf of the | 12 | | aggrieved party. The Department shall file the complaint | 13 | | with the Commission.
| 14 | | (2) If the complainant chooses to commence a civil | 15 | | action in a circuit court, he or she must do so in the | 16 | | circuit court in the county wherein the civil rights | 17 | | violation was allegedly committed. The form of the | 18 | | complaint in any such civil action shall be in accordance | 19 | | with the Illinois Code of Civil Procedure.
| 20 | | (G) Time Limit.
| 21 | | (1) When a charge of a civil rights violation has been
| 22 | | properly filed, the Department, within 365
days thereof or | 23 | | within any
extension of that period agreed to in writing by | 24 | | all parties, shall issue its report as required by | 25 | | subparagraph (D). Any such report
shall be duly served upon | 26 | | both the complainant and the respondent.
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| 1 | | (2) If the Department has not issued its report within | 2 | | 365 days after the charge is filed, or any such longer | 3 | | period agreed to in writing by all the parties, the | 4 | | complainant shall have 90 days to either file his or her | 5 | | own complaint with the Human Rights Commission or commence | 6 | | a civil action in the appropriate circuit court. If the | 7 | | complainant files a complaint with the Commission, the form | 8 | | of the complaint shall be in accordance with the provisions | 9 | | of
paragraph (F)(1). If the complainant commences a civil | 10 | | action in a circuit court, the form of the complaint shall | 11 | | be in accordance with the Illinois Code of Civil Procedure. | 12 | | The aggrieved party shall notify the Department that a
| 13 | | complaint
has been filed and shall serve a copy of the | 14 | | complaint on the Department
on the same date that the | 15 | | complaint is filed with the Commission or in circuit court. | 16 | | If the complainant files a complaint with the Commission, | 17 | | he or she may not later commence a civil action in circuit | 18 | | court.
| 19 | | (3) If an aggrieved party files a complaint
with the
| 20 | | Human Rights Commission or commences a civil action in | 21 | | circuit court pursuant to paragraph (2) of this subsection, | 22 | | or if
the time period for filing a complaint has expired, | 23 | | the
Department shall immediately cease its investigation | 24 | | and
dismiss the charge of civil rights violation.
Any final | 25 | | order entered by the Commission under this Section is
| 26 | | appealable in accordance with paragraph (B)(1) of Section |
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| 1 | | 8-111.
Failure to immediately cease an investigation and | 2 | | dismiss the charge of civil
rights violation as provided in | 3 | | this paragraph
(3) constitutes grounds for entry of an | 4 | | order by the circuit court permanently
enjoining the
| 5 | | investigation. The Department may also be liable for any
| 6 | | costs and other damages incurred by the respondent as a | 7 | | result of the action of
the Department.
| 8 | | (4) The Department shall stay any administrative | 9 | | proceedings
under this Section after the filing of a civil | 10 | | action by or on behalf of the
aggrieved party under any | 11 | | federal or State law seeking relief with respect to
the
| 12 | | alleged civil rights violation.
| 13 | | (H) This amendatory Act of 1995 applies to causes of action | 14 | | filed on or
after January 1, 1996.
| 15 | | (I) This amendatory Act of 1996 applies to causes of action | 16 | | filed on or
after January 1, 1996.
| 17 | | (J) The changes made to this Section by Public Act 95-243 | 18 | | apply to charges filed on or
after the effective date of those | 19 | | changes.
| 20 | | (K) The changes made to this Section by this amendatory Act | 21 | | of the 96th General Assembly apply to charges filed on or
after | 22 | | the effective date of those changes. | 23 | | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law. |
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