Full Text of SB1122 97th General Assembly
SB1122ham001 97TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 5/26/2011
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| 1 | | AMENDMENT TO SENATE BILL 1122
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1122 on page 1, | 3 | | line 5, by replacing "Section 2-102" with "Sections 2-102 and | 4 | | 7A-102"; and
| 5 | | on page 4, by replacing lines 22 through 26 with the following: | 6 | | " (I) Pregnancy. For an employer to refuse to hire, to | 7 | | segregate, or to act with respect to recruitment, hiring, | 8 | | promotion, renewal of employment, selection for training or | 9 | | apprenticeship, discharge, discipline, tenure or terms, | 10 | | privileges or conditions of employment on the basis of | 11 | | pregnancy, childbirth, or related medical conditions. Women | 12 | | affected by pregnancy, childbirth, or related medical | 13 | | conditions shall be treated the same for all employment-related | 14 | | purposes, including receipt of benefits under fringe benefit | 15 | | programs, as other persons not so affected but similar in their | 16 | | ability or inability to work. "; and |
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| 1 | | on page 5, by deleting line 1; and | 2 | | on page 5, immediately below line 3, by inserting the | 3 | | following:
| 4 | | "(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 5 | | Sec. 7A-102. Procedures.
| 6 | | (A) Charge.
| 7 | | (1) Within 180 days after the
date that a civil rights | 8 | | violation allegedly has been committed, a
charge in writing | 9 | | under oath or affirmation may be filed with the
Department | 10 | | by an aggrieved party or issued by the Department itself
| 11 | | under the signature of the Director.
| 12 | | (2) The charge shall be in such detail as to | 13 | | substantially apprise
any party properly concerned as to | 14 | | the time, place, and facts
surrounding the alleged civil | 15 | | rights violation.
| 16 | | (3) Charges deemed filed with the Department pursuant | 17 | | to subsection (A-1) of this Section shall be deemed to be | 18 | | in compliance with this subsection. | 19 | | (A-1) Equal Employment Opportunity Commission Charges. | 20 | | (1) If a A charge is filed with the Equal Employment | 21 | | Opportunity Commission (EEOC) within 180 days after the | 22 | | date of the alleged civil rights violation , the charge | 23 | | shall be deemed filed with the Department on the date filed | 24 | | with the EEOC. Equal Employment Opportunity Commission. |
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| 1 | | Upon receipt of a charge filed with the Equal Employment | 2 | | Opportunity Commission, the Department shall notify the | 3 | | complainant that he or she may proceed with the Department. | 4 | | The complainant must notify the Department of his or her | 5 | | decision in writing within 35 days of receipt of the | 6 | | Department's notice to the complainant and the Department | 7 | | shall close the case if the complainant does not do so. If | 8 | | the complainant proceeds with the Department, If the EEOC | 9 | | is the governmental agency designated to investigate the | 10 | | charge first, the Department shall take no action until the | 11 | | EEOC Equal Employment Opportunity Commission makes a | 12 | | determination on the charge and after the complainant | 13 | | notifies the Department of the EEOC's determination . In | 14 | | such cases, after receiving notice from the EEOC that a | 15 | | charge was filed, the Department shall notify the parties | 16 | | that (i) a charge has been received by the EEOC and has | 17 | | been sent to the Department for dual filing purposes; (ii) | 18 | | the EEOC is the governmental agency responsible for | 19 | | investigating the charge and that the investigation shall | 20 | | be conducted pursuant to the rules and procedures adopted | 21 | | by the EEOC; (iii) it will take no action on the charge | 22 | | until the EEOC issues its determination; (iv) the | 23 | | complainant must submit a copy of the EEOC's determination | 24 | | within 30 days after service of the determination by the | 25 | | EEOC on complainant; and (v) that the time period to | 26 | | investigate the charge contained in subsection (G) of this |
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| 1 | | Section is tolled from the date on which the charge is | 2 | | filed with the EEOC until the EEOC issues its | 3 | | determination. Upon receipt of the Equal Employment | 4 | | Opportunity Commission's determination, the Department | 5 | | shall cause the charge to be filed under oath or | 6 | | affirmation and to be in such detail as provided for under | 7 | | subparagraph (2) of paragraph (A). | 8 | | (2) If the EEOC finds reasonable cause to believe that | 9 | | there has been a violation of federal law and if the | 10 | | Department is timely notified of the EEOC's findings by | 11 | | complainant, the Department shall notify complainant that | 12 | | the Department has adopted the EEOC's determination of | 13 | | reasonable cause and that complainant has the right, within | 14 | | 90 days after receipt of the Department's notice, to either | 15 | | file his or her own complaint with the Illinois Human | 16 | | Rights Commission or commence a civil action in the | 17 | | appropriate circuit court or other appropriate court of | 18 | | competent jurisdiction. The Department's notice to | 19 | | complainant that the Department has adopted the EEOC's | 20 | | determination of reasonable cause shall constitute the | 21 | | Department's Report for purposes of subparagraph (D) of | 22 | | this Section. | 23 | | (3) For those charges alleging violations within the | 24 | | jurisdiction of both the EEOC and the Department and for | 25 | | which the EEOC either (i) does not issue a determination, | 26 | | but does issue the complainant a notice of a right to sue, |
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| 1 | | including when the right to sue is issued at the request of | 2 | | the complainant, or (ii) determines that it is unable to | 3 | | establish that illegal discrimination has occurred and | 4 | | issues the complainant a right to sue notice, and if the | 5 | | Department is timely notified of the EEOC's determination | 6 | | by complainant, the Department shall notify the parties | 7 | | that the Department will adopt the EEOC's determination as | 8 | | a dismissal for lack of substantial evidence unless the | 9 | | complainant requests in writing within 35 days after | 10 | | receipt of the Department's notice that the Department | 11 | | review the EEOC's determination. | 12 | | (a) If the complainant does not file a written | 13 | | request with the Department to review the EEOC's | 14 | | determination within 35 days after receipt of the | 15 | | Department's notice, the Department shall notify | 16 | | complainant that the decision of the EEOC has been | 17 | | adopted by the Department as a dismissal for lack of | 18 | | substantial evidence and that the complainant has the | 19 | | right, within 90 days after receipt of the Department's | 20 | | notice, to commence a civil action in the appropriate | 21 | | circuit court or other appropriate court of competent | 22 | | jurisdiction. The Department's notice to complainant | 23 | | that the Department has adopted the EEOC's | 24 | | determination shall constitute the Department's report | 25 | | for purposes of subparagraph (D) of this Section. | 26 | | (b) If the complainant does file a written request |
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| 1 | | with the Department to review the EEOC's | 2 | | determination, the Department shall review the EEOC's | 3 | | determination and any evidence obtained by the EEOC | 4 | | during its investigation. If, after reviewing the | 5 | | EEOC's determination and any evidence obtained by the | 6 | | EEOC, the Department determines there is no need for | 7 | | further investigation of the charge, the Department | 8 | | shall issue a report and the Director shall determine | 9 | | whether there is substantial evidence that the alleged | 10 | | civil rights violation has been committed pursuant to | 11 | | subsection (D) of Section 7A-102. If, after reviewing | 12 | | the EEOC's determination and any evidence obtained by | 13 | | the EEOC, the Department determines there is a need for | 14 | | further investigation of the charge, the Department | 15 | | may conduct any further investigation it deems | 16 | | necessary. After reviewing the EEOC's determination, | 17 | | the evidence obtained by the EEOC, and any additional | 18 | | investigation conducted by the Department, the | 19 | | Department shall issue a report and the Director shall | 20 | | determine whether there is substantial evidence that | 21 | | the alleged civil rights violation has been committed | 22 | | pursuant to subsection (D) Section 7A-102 of the Act. | 23 | | (4) Pursuant to this Section, if the EEOC dismisses the | 24 | | charge or a portion of the charge of discrimination | 25 | | because, under federal law, the EEOC lacks jurisdiction | 26 | | over the charge, and if, under the this Act, the Department |
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| 1 | | has jurisdiction over the charge of discrimination, the | 2 | | Department shall investigate the charge or portion of the | 3 | | charge dismissed by the EEOC for lack of jurisdiction | 4 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 5 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 6 | | the Act. | 7 | | (5) The time limit set out in subsection (G) of this | 8 | | Section is tolled from the date on which the charge is | 9 | | filed with the EEOC to the date on which the EEOC issues | 10 | | its determination. At the Department's discretion, the | 11 | | Department shall either adopt the Equal Employment | 12 | | Opportunity Commission's determination or process the | 13 | | charge pursuant to this Act. Adoption of the Equal | 14 | | Employment Opportunity Commission's determination shall be | 15 | | deemed a determination by the Department for all purposes | 16 | | under this Act.
| 17 | | (B) Notice and Response to Charge.
The Department shall, | 18 | | within 10
days of the date on which the charge
was filed, serve | 19 | | a copy of the charge on the respondent. This period shall
not | 20 | | be construed to be jurisdictional. The charging party and the | 21 | | respondent
may each file a position statement and other | 22 | | materials with the Department
regarding the charge of alleged | 23 | | discrimination within 60 days of receipt of the
notice of the | 24 | | charge. The position statements and other materials filed shall
| 25 | | remain confidential unless otherwise agreed to by the party | 26 | | providing the
information and shall not be served on or made |
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| 1 | | available to the other
party during pendency
of a charge with | 2 | | the Department. The Department
shall
require the respondent to | 3 | | file a verified response to
the allegations contained in the | 4 | | charge within 60 days of receipt of the
notice of the
charge. | 5 | | The respondent shall serve a copy
of its response on the
| 6 | | complainant or his representative. All allegations contained | 7 | | in the charge
not timely denied by the respondent shall be | 8 | | deemed admitted, unless the
respondent states that it is | 9 | | without sufficient information to
form a belief with respect to | 10 | | such allegation. The Department may issue
a notice of default | 11 | | directed to any respondent who fails to file a
verified | 12 | | response to a charge within 60 days of receipt of the
notice of | 13 | | the charge,
unless the respondent can
demonstrate good cause as
| 14 | | to why such notice should not issue. The term "good cause" | 15 | | shall be defined by rule promulgated by the Department. Within | 16 | | 30 days of receipt
of the respondent's response, the | 17 | | complainant may file a
reply to
said response and
shall serve
a | 18 | | copy of said reply on the respondent or his representative. A | 19 | | party
shall have the right to supplement his response or reply | 20 | | at any time that
the investigation of the charge is pending. | 21 | | The Department shall,
within 10 days of the date on which the | 22 | | charge was filed,
and again no later than 335 days thereafter,
| 23 | | send by certified or registered mail written notice to the | 24 | | complainant
and to the respondent
informing the complainant
of | 25 | | the complainant's right to either file a complaint with the | 26 | | Human
Rights Commission or commence a civil action in the |
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| 1 | | appropriate circuit court
under subparagraph (2) of paragraph | 2 | | (G), including in such notice the dates
within which the | 3 | | complainant may exercise this right.
In the notice the | 4 | | Department shall notify the complainant that the
charge of | 5 | | civil rights violation will be dismissed with prejudice and | 6 | | with no
right to further proceed if a written complaint is not | 7 | | timely filed with
the Commission or with the appropriate | 8 | | circuit court by the complainant pursuant to subparagraph (2) | 9 | | of paragraph (G)
or by the Department pursuant to subparagraph | 10 | | (1) of paragraph (G).
| 11 | | (B-1) Mediation. The complainant and respondent may agree | 12 | | to voluntarily
submit the charge
to mediation without waiving | 13 | | any rights that are otherwise available to
either party | 14 | | pursuant to this Act and without incurring any obligation to
| 15 | | accept the result of the mediation process. Nothing occurring | 16 | | in mediation
shall
be disclosed by the Department or admissible | 17 | | in evidence in any subsequent
proceeding unless the complainant | 18 | | and the respondent agree in writing that such
disclosure be | 19 | | made.
| 20 | | (C) Investigation.
| 21 | | (1) After the respondent has been notified, the
| 22 | | Department shall conduct a full investigation of the | 23 | | allegations set
forth in the charge.
| 24 | | (2) The Director or his or her designated | 25 | | representatives shall have
authority to request any member | 26 | | of the Commission to issue subpoenas to
compel the |
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| 1 | | attendance of a witness or the production for
examination | 2 | | of any books, records or documents whatsoever.
| 3 | | (3) If any witness whose testimony is required for any | 4 | | investigation
resides outside the State, or through | 5 | | illness or any other good cause as
determined by the | 6 | | Director is unable to be interviewed by the investigator
or | 7 | | appear at a fact finding conference, his or her testimony | 8 | | or deposition
may be taken, within or without the State, in | 9 | | the same manner as is
provided for in the taking of | 10 | | depositions in civil cases in circuit courts.
| 11 | | (4) Upon reasonable notice to the complainant and the | 12 | | respondent,
the Department shall conduct a fact finding | 13 | | conference prior to
365 days after the date on which the | 14 | | charge was filed,
unless the Director has determined | 15 | | whether there is substantial evidence
that the alleged | 16 | | civil rights violation has been committed or the charge has
| 17 | | been dismissed for lack of jurisdiction. If the parties | 18 | | agree in writing,
the fact finding conference may be held | 19 | | at a time after the 365 day limit.
Any party's failure to | 20 | | attend the conference without good cause
shall result in | 21 | | dismissal or default. The term "good cause"
shall
be | 22 | | defined by rule promulgated by the Department. A notice of | 23 | | dismissal or
default shall be issued by the Director. The | 24 | | notice of default issued by the Director shall notify the | 25 | | respondent that a request for review may be filed in | 26 | | writing with the Commission
within 30 days of receipt of |
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| 1 | | notice of default. The notice of dismissal issued by the | 2 | | Director shall give
the complainant notice of his or her | 3 | | right to seek review of the dismissal
before the Human | 4 | | Rights Commission or commence a civil action in the
| 5 | | appropriate circuit court. If the complainant chooses to | 6 | | have the Human Rights Commission review the dismissal | 7 | | order, he or she shall file a request for review with the | 8 | | Commission within 90 days after receipt of the Director's | 9 | | notice. If the complainant chooses to file a request for | 10 | | review with the Commission, he or she may not later | 11 | | commence a civil action in a circuit court. If the | 12 | | complainant chooses to commence a civil action in a circuit | 13 | | court, he or she must do so within 90 days after receipt of | 14 | | the Director's notice.
| 15 | | (D) Report.
| 16 | | (1) Each charge shall be the
subject of a
report to the | 17 | | Director. The report shall be a confidential document
| 18 | | subject to review by the Director, authorized Department | 19 | | employees, the
parties, and, where indicated by this Act, | 20 | | members of the Commission or
their designated hearing | 21 | | officers.
| 22 | | (2) Upon review of the report, the Director shall | 23 | | determine whether
there is substantial evidence that the | 24 | | alleged civil rights violation
has been committed.
The | 25 | | determination of substantial evidence is limited to | 26 | | determining the need
for further consideration of the |
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| 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 | | (3) If the Director determines
that there is no | 9 | | substantial
evidence, the charge shall be dismissed by | 10 | | order of the
Director and the Director shall give the
| 11 | | complainant notice of his or her right to seek review of | 12 | | the dismissal order before the
Commission or commence a | 13 | | civil action in the appropriate circuit court. If the | 14 | | complainant chooses to have the Human Rights Commission | 15 | | review the dismissal order, he or she shall file a request | 16 | | for review with the Commission within 90 days after receipt | 17 | | of the Director's notice. If the complainant chooses to | 18 | | file a request for review with the Commission, he or she | 19 | | may not later commence a civil action in a circuit court. | 20 | | If the complainant chooses to commence a civil action in a | 21 | | circuit court, he or she must do so within 90 days after | 22 | | receipt of the Director's notice.
| 23 | | (4) If the Director determines that there is | 24 | | substantial evidence, he or she shall notify the | 25 | | complainant and respondent of that determination. The | 26 | | Director shall also notify the parties that the complainant |
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| 1 | | has the right to either commence a civil action in the | 2 | | appropriate circuit court or request that the Department of | 3 | | Human Rights file a complaint with the Human Rights | 4 | | Commission on his or her behalf. Any such complaint shall | 5 | | be filed within 90 days after receipt of the Director's | 6 | | notice. If the complainant chooses to have the Department | 7 | | file a complaint with the Human Rights Commission on his or | 8 | | her behalf, the complainant must, within 30 days after | 9 | | receipt of the Director's notice, request in writing that | 10 | | the Department file the complaint. If the complainant | 11 | | timely requests that the Department file the complaint, the | 12 | | Department shall file the complaint on his or her behalf. | 13 | | If the complainant fails to timely request that the | 14 | | Department file the complaint, the complainant may file his | 15 | | or her complaint with the Commission or commence a civil | 16 | | action in the appropriate circuit court.
If the complainant | 17 | | files a complaint with
the Human Rights Commission, the | 18 | | complainant shall give notice to the
Department of the | 19 | | filing of the complaint with the Human Rights Commission. | 20 | | (E) Conciliation.
| 21 | |
(1) When there is a finding of substantial evidence, | 22 | | the Department may designate a Department employee who is | 23 | | an attorney
licensed to practice in Illinois to endeavor to | 24 | | eliminate the effect of
the alleged civil rights violation | 25 | | and to prevent its repetition by
means of conference and | 26 | | conciliation.
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| 1 | | (2) When the Department determines that a formal
| 2 | | conciliation conference is necessary, the complainant and | 3 | | respondent
shall be notified of the time and place of the | 4 | | conference by registered
or certified mail at least 10 days | 5 | | prior thereto and either or both
parties shall appear at | 6 | | the conference in person or by attorney.
| 7 | | (3) The place fixed for the conference shall be within | 8 | | 35 miles of
the place where the civil rights violation is | 9 | | alleged to have been
committed.
| 10 | | (4) Nothing occurring at the conference shall be | 11 | | disclosed by the
Department unless
the complainant and | 12 | | respondent agree in writing that
such disclosure be made.
| 13 | | (5) The Department's efforts to conciliate the matter | 14 | | shall not stay or extend the time for filing the complaint | 15 | | with the Commission or the circuit court.
| 16 | | (F) Complaint.
| 17 | | (1) When the complainant requests that the Department | 18 | | file a complaint with the Commission on his or her behalf, | 19 | | the Department shall prepare a
written complaint, under | 20 | | oath or affirmation, stating the nature of the
civil rights | 21 | | violation substantially as alleged in the charge | 22 | | previously
filed and the relief sought on behalf of the | 23 | | aggrieved party. The Department shall file the complaint | 24 | | with the Commission.
| 25 | | (2) If the complainant chooses to commence a civil | 26 | | action in a circuit court, he or she must do so in the |
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| 1 | | circuit court in the county wherein the civil rights | 2 | | violation was allegedly committed. The form of the | 3 | | complaint in any such civil action shall be in accordance | 4 | | with the Illinois Code of Civil Procedure.
| 5 | | (G) Time Limit.
| 6 | | (1) When a charge of a civil rights violation has been
| 7 | | properly filed, the Department, within 365
days thereof or | 8 | | within any
extension of that period agreed to in writing by | 9 | | all parties, shall issue its report as required by | 10 | | subparagraph (D). Any such report
shall be duly served upon | 11 | | both the complainant and the respondent.
| 12 | | (2) If the Department has not issued its report within | 13 | | 365 days after the charge is filed, or any such longer | 14 | | period agreed to in writing by all the parties, the | 15 | | complainant shall have 90 days to either file his or her | 16 | | own complaint with the Human Rights Commission or commence | 17 | | a civil action in the appropriate circuit court. If the | 18 | | complainant files a complaint with the Commission, the form | 19 | | of the complaint shall be in accordance with the provisions | 20 | | of
paragraph (F)(1). If the complainant commences a civil | 21 | | action in a circuit court, the form of the complaint shall | 22 | | be in accordance with the Illinois Code of Civil Procedure. | 23 | | The aggrieved party shall notify the Department that a
| 24 | | complaint
has been filed and shall serve a copy of the | 25 | | complaint on the Department
on the same date that the | 26 | | complaint is filed with the Commission or in circuit court. |
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| 1 | | If the complainant files a complaint with the Commission, | 2 | | he or she may not later commence a civil action in circuit | 3 | | court.
| 4 | | (3) If an aggrieved party files a complaint
with the
| 5 | | Human Rights Commission or commences a civil action in | 6 | | circuit court pursuant to paragraph (2) of this subsection, | 7 | | or if
the time period for filing a complaint has expired, | 8 | | the
Department shall immediately cease its investigation | 9 | | and
dismiss the charge of civil rights violation.
Any final | 10 | | order entered by the Commission under this Section is
| 11 | | appealable in accordance with paragraph (B)(1) of Section | 12 | | 8-111.
Failure to immediately cease an investigation and | 13 | | dismiss the charge of civil
rights violation as provided in | 14 | | this paragraph
(3) constitutes grounds for entry of an | 15 | | order by the circuit court permanently
enjoining the
| 16 | | investigation. The Department may also be liable for any
| 17 | | costs and other damages incurred by the respondent as a | 18 | | result of the action of
the Department.
| 19 | | (4) The Department shall stay any administrative | 20 | | proceedings
under this Section after the filing of a civil | 21 | | action by or on behalf of the
aggrieved party under any | 22 | | federal or State law seeking relief with respect to
the
| 23 | | alleged civil rights violation.
| 24 | | (H) This amendatory Act of 1995 applies to causes of action | 25 | | filed on or
after January 1, 1996.
| 26 | | (I) This amendatory Act of 1996 applies to causes of action |
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| 1 | | filed on or
after January 1, 1996.
| 2 | | (J) The changes made to this Section by Public Act 95-243 | 3 | | apply to charges filed on or
after the effective date of those | 4 | | changes.
| 5 | | (K) The changes made to this Section by this amendatory Act | 6 | | of the 96th General Assembly apply to charges filed on or
after | 7 | | the effective date of those changes. | 8 | | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)".
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