Full Text of HB2493 98th General Assembly
HB2493 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2493 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/2-102 | from Ch. 68, par. 2-102 | 775 ILCS 5/2-103 | from Ch. 68, par. 2-103 | 775 ILCS 5/7A-102 | from Ch. 68, par. 7A-102 |
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Amends the Illinois Human Rights Act. Adds managerial and supervisory employees to the class of individuals barred from engaging in sexual harassment. Provides that a supervisory employee includes only employees who, with independent judgment, are authorized to hire, transfer, suspend, lay off, recall, promote, discharge, discipline, and handle grievances of the charging employee at the time of the alleged harassment without regard to whether any qualifying supervisory or managerial employee had such powers over other, non-charging employees. Provides that a managerial employee includes only employees who, with independent judgment, manage the affairs of a business, office, or other organization. Provides that an employer may ask an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial. Provides that upon reviewing a report of an allegation of a human rights violation, the Director of the Department of Human Rights shall make a determination of substantial evidence when there is a genuine issue of material fact that is in dispute. Defines material fact, and provides that any genuine dispute as to the existence of any material fact shall be resolved by viewing the fact in the light most favorable to the charging party. Provides that the Director shall determine whether the entirety of the facts found in the investigation taken, including genuinely disputed material facts viewed in the light most favorable to the charging party, comprises substantial evidence to support the determination that a civil rights violation has been committed. Effective immediately.
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| | A BILL FOR |
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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 Sections 2-102, 2-103 and 7A-102 as follows:
| 6 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
| 7 | | Sec. 2-102. Civil Rights Violations - Employment. It is a | 8 | | civil
rights violation:
| 9 | | (A) Employers. For any employer to refuse to hire, to | 10 | | segregate, or
to act with respect to recruitment, hiring, | 11 | | promotion, renewal of employment,
selection for training or | 12 | | apprenticeship, discharge, discipline, tenure or
terms, | 13 | | privileges or conditions of employment on the basis of unlawful
| 14 | | discrimination or citizenship status.
| 15 | | (A-5) Language. For an employer to impose a restriction | 16 | | that has the
effect of prohibiting a language from being spoken | 17 | | by an employee in
communications that are unrelated to the | 18 | | employee's duties.
| 19 | | For the purposes of this subdivision (A-5), "language" | 20 | | means a person's
native tongue, such as Polish, Spanish, or
| 21 | | Chinese.
"Language" does not include such things as slang, | 22 | | jargon, profanity, or
vulgarity.
| 23 | | (B) Employment Agency. For any employment agency to fail or |
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| 1 | | refuse
to classify properly, accept applications and register | 2 | | for employment
referral or apprenticeship referral, refer for | 3 | | employment, or refer for
apprenticeship on the basis of | 4 | | unlawful discrimination or citizenship
status or to accept from | 5 | | any person any job order, requisition or request
for referral | 6 | | of applicants for employment or apprenticeship which makes or
| 7 | | has the effect of making unlawful discrimination or | 8 | | discrimination on the
basis of citizenship status a condition | 9 | | of referral.
| 10 | | (C) Labor Organization. For any labor organization to | 11 | | limit,
segregate or classify its membership, or to limit | 12 | | employment
opportunities, selection and training for | 13 | | apprenticeship in any trade or
craft, or otherwise to take, or | 14 | | fail to take, any action which affects
adversely any person's | 15 | | status as an employee or as an applicant for
employment or as | 16 | | an apprentice, or as an applicant for apprenticeships,
or | 17 | | wages, tenure, hours of employment or apprenticeship | 18 | | conditions on the
basis of unlawful discrimination or | 19 | | citizenship status.
| 20 | | (D) Sexual Harassment. For any employer, employee, | 21 | | managerial employee, supervisory employee, agent of any | 22 | | employer,
employment agency or labor organization to engage in | 23 | | sexual harassment;
provided, that an employer shall be | 24 | | responsible for sexual harassment
of the employer's employees | 25 | | by nonemployees or nonmanagerial and nonsupervisory
employees | 26 | | only if the employer becomes aware of the conduct and fails to
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| 1 | | take reasonable corrective measures. A supervisory employee | 2 | | includes only employees who with independent judgment are | 3 | | authorized to hire, transfer, suspend, lay off, recall, | 4 | | promote, discharge, discipline, and handle grievances of the | 5 | | charging employee at the time of the alleged harassment without | 6 | | regard to whether any qualifying supervisory or managerial | 7 | | employee had such powers over other, non-charging employees. A | 8 | | managerial employee includes only employees who, with | 9 | | independent judgment, manage the affairs of a business, office, | 10 | | or other organization.
| 11 | | (E) Public Employers. For any public employer to refuse to | 12 | | permit a
public employee under its jurisdiction who takes time | 13 | | off from work in
order to practice his or her religious beliefs | 14 | | to engage in work, during hours
other than such employee's | 15 | | regular working hours, consistent with the
operational needs of | 16 | | the employer and in order to compensate for work time
lost for | 17 | | such religious reasons. Any employee who elects such deferred
| 18 | | work shall be compensated at the wage rate which he or she | 19 | | would have
earned during the originally scheduled work period. | 20 | | The employer may
require that an employee who plans to take | 21 | | time off from work in order to
practice his or her religious | 22 | | beliefs provide the employer with a notice of
his or her | 23 | | intention to be absent from work not exceeding 5 days prior to
| 24 | | the date of absence.
| 25 | | (F) Training and Apprenticeship Programs. For any | 26 | | employer,
employment agency or labor organization to |
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| 1 | | discriminate against a person on
the basis of age in the | 2 | | selection, referral for or conduct of apprenticeship
or | 3 | | training programs.
| 4 | | (G) Immigration-Related Practices. | 5 | | (1) for an employer to request for
purposes of | 6 | | satisfying the requirements of Section 1324a(b) of Title 8 | 7 | | of
the United States Code, as now or hereafter amended, | 8 | | more or different
documents than are required under such | 9 | | Section or to refuse to honor
documents tendered that on | 10 | | their face reasonably appear to be genuine; or
| 11 | | (2) for an employer participating in the Basic Pilot | 12 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 13 | | Programs for Employment Eligibility Confirmation (enacted | 14 | | by PL 104-208, div. C title IV, subtitle A) to refuse to | 15 | | hire, to segregate, or to act with respect to recruitment, | 16 | | hiring, promotion, renewal of employment, selection for | 17 | | training or apprenticeship, discharge, discipline, tenure | 18 | | or terms, privileges or conditions of employment without | 19 | | following the procedures under the Basic Pilot Program. | 20 | | (H) Pregnancy;
peace officers and fire fighters. For a | 21 | | public employer to refuse to temporarily transfer a pregnant
| 22 | | female peace officer or pregnant
female fire fighter to a less | 23 | | strenuous or hazardous position for the
duration of her | 24 | | pregnancy if she so requests, with the advice of her
physician, | 25 | | where that transfer can be reasonably accommodated. For the | 26 | | purposes of this subdivision (H), "peace officer" and "fire |
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| 1 | | fighter" have the meanings ascribed to those terms in Section 3 | 2 | | of the Illinois Public Labor Relations Act.
| 3 | | It is not a civil rights violation for an employer to take | 4 | | any action
that is required by Section 1324a of Title 8 of the | 5 | | United States Code, as
now or hereafter amended.
| 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. | 17 | | (Source: P.A. 97-596, eff. 8-26-11.)
| 18 | | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| 19 | | Sec. 2-103. Arrest Record.
| 20 | | (A) Unless otherwise authorized by law,
it is a civil | 21 | | rights violation for any
employer, employment agency or labor | 22 | | organization to inquire
into or to use the fact of an arrest or | 23 | | criminal history
record information
ordered expunged, sealed | 24 | | or impounded under Section 5.2 of the Criminal
Identification | 25 | | Act as a basis to
refuse to hire, to segregate, or to act
with |
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| 1 | | respect to recruitment, hiring, promotion, renewal of | 2 | | employment,
selection for training or apprenticeship, | 3 | | discharge, discipline, tenure or
terms, privileges or | 4 | | conditions of employment. This Section
does not prohibit a | 5 | | State agency, unit of local government or school
district, or | 6 | | private organization from requesting or utilizing sealed | 7 | | felony
conviction information obtained from the Department of | 8 | | State Police under
the provisions of Section 3 of the
Criminal | 9 | | Identification Act or under other State or federal laws or | 10 | | regulations that require criminal background checks in | 11 | | evaluating the qualifications
and character of an employee or a | 12 | | prospective employee.
| 13 | | (B) The prohibition against the use of the fact of an | 14 | | arrest contained in
this Section shall not be construed to | 15 | | prohibit an employer, employment agency,
or labor organization | 16 | | from obtaining or using other information which indicates
that | 17 | | a person actually engaged in the conduct for which he or she | 18 | | was
arrested.
| 19 | | (C) Nothing in this Section prevents an employer from | 20 | | asking an employee or applicant for employment about an arrest | 21 | | for which the employee or applicant is out on bail or on his or | 22 | | her own recognizance pending trial. | 23 | | (Source: P.A. 96-409, eff. 1-1-10.)
| 24 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 25 | | Sec. 7A-102. Procedures.
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| 1 | | (A) Charge.
| 2 | | (1) Within 180 days after the
date that a civil rights | 3 | | violation allegedly has been committed, a
charge in writing | 4 | | under oath or affirmation may be filed with the
Department | 5 | | by an aggrieved party or issued by the Department itself
| 6 | | under the signature of the Director.
| 7 | | (2) The charge shall be in such detail as to | 8 | | substantially apprise
any party properly concerned as to | 9 | | the time, place, and facts
surrounding the alleged civil | 10 | | rights violation.
| 11 | | (3) Charges deemed filed with the Department pursuant | 12 | | to subsection (A-1) of this Section shall be deemed to be | 13 | | in compliance with this subsection. | 14 | | (A-1) Equal Employment Opportunity Commission Charges. | 15 | | (1) If a charge is filed with the Equal Employment | 16 | | Opportunity Commission (EEOC) within 180 days after the | 17 | | date of the alleged civil rights violation, the charge | 18 | | shall be deemed filed with the Department on the date filed | 19 | | with the EEOC. If the EEOC is the governmental agency | 20 | | designated to investigate the charge first, the Department | 21 | | shall take no action until the EEOC makes a determination | 22 | | on the charge and after the complainant notifies the | 23 | | Department of the EEOC's determination. In such cases, | 24 | | after receiving notice from the EEOC that a charge was | 25 | | filed, the Department shall notify the parties that (i) a | 26 | | charge has been received by the EEOC and has been sent to |
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| 1 | | the Department for dual filing purposes; (ii) the EEOC is | 2 | | the governmental agency responsible for investigating the | 3 | | charge and that the investigation shall be conducted | 4 | | pursuant to the rules and procedures adopted by the EEOC; | 5 | | (iii) it will take no action on the charge until the EEOC | 6 | | issues its determination; (iv) the complainant must submit | 7 | | a copy of the EEOC's determination within 30 days after | 8 | | service of the determination by the EEOC on complainant; | 9 | | and (v) that the time period to investigate the charge | 10 | | contained in subsection (G) of this Section is tolled from | 11 | | the date on which the charge is filed with the EEOC until | 12 | | the EEOC issues its determination. | 13 | | (2) If the EEOC finds reasonable cause to believe that | 14 | | there has been a violation of federal law and if the | 15 | | Department is timely notified of the EEOC's findings by | 16 | | complainant, the Department shall notify complainant that | 17 | | the Department has adopted the EEOC's determination of | 18 | | reasonable cause and that complainant has the right, within | 19 | | 90 days after receipt of the Department's notice, to either | 20 | | file his or her own complaint with the Illinois Human | 21 | | Rights Commission or commence a civil action in the | 22 | | appropriate circuit court or other appropriate court of | 23 | | competent jurisdiction. The Department's notice to | 24 | | complainant that the Department has adopted the EEOC's | 25 | | determination of reasonable cause shall constitute the | 26 | | Department's Report for purposes of subparagraph (D) of |
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| 1 | | this Section. | 2 | | (3) For those charges alleging violations within the | 3 | | jurisdiction of both the EEOC and the Department and for | 4 | | which the EEOC either (i) does not issue a determination, | 5 | | but does issue the complainant a notice of a right to sue, | 6 | | including when the right to sue is issued at the request of | 7 | | the complainant, or (ii) determines that it is unable to | 8 | | establish that illegal discrimination has occurred and | 9 | | issues the complainant a right to sue notice, and if the | 10 | | Department is timely notified of the EEOC's determination | 11 | | by complainant, the Department shall notify the parties | 12 | | that the Department will adopt the EEOC's determination as | 13 | | a dismissal for lack of substantial evidence unless the | 14 | | complainant requests in writing within 35 days after | 15 | | receipt of the Department's notice that the Department | 16 | | review the EEOC's determination. | 17 | | (a) If the complainant does not file a written | 18 | | request with the Department to review the EEOC's | 19 | | determination within 35 days after receipt of the | 20 | | Department's notice, the Department shall notify | 21 | | complainant that the decision of the EEOC has been | 22 | | adopted by the Department as a dismissal for lack of | 23 | | substantial evidence and that the complainant has the | 24 | | right, within 90 days after receipt of the Department's | 25 | | notice, to commence a civil action in the appropriate | 26 | | circuit court or other appropriate court of competent |
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| 1 | | jurisdiction. The Department's notice to complainant | 2 | | that the Department has adopted the EEOC's | 3 | | determination shall constitute the Department's report | 4 | | for purposes of subparagraph (D) of this Section. | 5 | | (b) If the complainant does file a written request | 6 | | with the Department to review the EEOC's | 7 | | determination, the Department shall review the EEOC's | 8 | | determination and any evidence obtained by the EEOC | 9 | | during its investigation. If, after reviewing the | 10 | | EEOC's determination and any evidence obtained by the | 11 | | EEOC, the Department determines there is no need for | 12 | | further investigation of the charge, the Department | 13 | | shall issue a report and the Director shall determine | 14 | | whether there is substantial evidence that the alleged | 15 | | civil rights violation has been committed pursuant to | 16 | | subsection (D) of Section 7A-102. If, after reviewing | 17 | | the EEOC's determination and any evidence obtained by | 18 | | the EEOC, the Department determines there is a need for | 19 | | further investigation of the charge, the Department | 20 | | may conduct any further investigation it deems | 21 | | necessary. After reviewing the EEOC's determination, | 22 | | the evidence obtained by the EEOC, and any additional | 23 | | investigation conducted by the Department, the | 24 | | Department shall issue a report and the Director shall | 25 | | determine whether there is substantial evidence that | 26 | | the alleged civil rights violation has been committed |
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| 1 | | pursuant to subsection (D) of Section 7A-102 of this | 2 | | Act. | 3 | | (4) Pursuant to this Section, if the EEOC dismisses the | 4 | | charge or a portion of the charge of discrimination | 5 | | because, under federal law, the EEOC lacks jurisdiction | 6 | | over the charge, and if, under this Act, the Department has | 7 | | jurisdiction over the charge of discrimination, the | 8 | | Department shall investigate the charge or portion of the | 9 | | charge dismissed by the EEOC for lack of jurisdiction | 10 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 11 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 12 | | this Act. | 13 | | (5) The time limit set out in subsection (G) of this | 14 | | Section is tolled from the date on which the charge is | 15 | | filed with the EEOC to the date on which the EEOC issues | 16 | | its determination.
| 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, unless prior to
365 days after the date on | 14 | | which the charge was filed the Director has determined | 15 | | whether there is substantial evidence
that the alleged | 16 | | civil rights violation has been committed, the charge has
| 17 | | been dismissed for lack of jurisdiction, or the parties | 18 | | voluntarily and in writing agree to waive the fact finding | 19 | | conference. Any party's failure to attend the conference | 20 | | without good cause
shall result in dismissal or default. | 21 | | The term "good cause"
shall
be defined by rule promulgated | 22 | | by the Department. A notice of dismissal or
default shall | 23 | | be issued by the Director. The notice of default issued by | 24 | | the Director shall notify the respondent that a request for | 25 | | review may be filed in writing with the Commission
within | 26 | | 30 days of receipt of notice of default. The notice of |
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| 1 | | dismissal issued by the Director shall give
the complainant | 2 | | notice of his or her right to seek review of the dismissal
| 3 | | before the Human Rights Commission or commence a civil | 4 | | action in the
appropriate circuit court. If the complainant | 5 | | chooses to have the Human Rights Commission review the | 6 | | dismissal order, he or she shall file a request for review | 7 | | with the Commission within 90 days after receipt of the | 8 | | Director's notice. If the complainant chooses to file a | 9 | | request for review with the Commission, he or she may not | 10 | | later commence a civil action in a circuit court. If the | 11 | | complainant chooses to commence a civil action in a circuit | 12 | | court, he or she must do so within 90 days after receipt of | 13 | | the Director's notice.
| 14 | | (D) Report.
| 15 | | (1) Each charge shall be the
subject of a
report to the | 16 | | Director. The report shall be a confidential document
| 17 | | subject to review by the Director, authorized Department | 18 | | employees, the
parties, and, where indicated by this Act, | 19 | | members of the Commission or
their designated hearing | 20 | | officers.
| 21 | | (2) Upon review of the report, the Director shall | 22 | | determine whether
there is substantial evidence that the | 23 | | alleged civil rights violation
has been committed.
The | 24 | | determination of substantial evidence is limited to | 25 | | determining the need
for further consideration of the | 26 | | charge pursuant to this Act
and includes, but is not |
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| 1 | | limited to, findings of fact and conclusions, as well
as | 2 | | the reasons for the determinations on all material issues. | 3 | | Substantial evidence is evidence which a reasonable mind | 4 | | accepts
as sufficient to support a particular conclusion | 5 | | and which consists of more
than a mere scintilla but may be | 6 | | somewhat less than a preponderance. The Director shall make | 7 | | a determination of substantial evidence when there is a | 8 | | genuine issue of material fact that is in dispute. A | 9 | | material fact is a fact that is necessary to establish one | 10 | | or more elements of the alleged civil rights violation. Any | 11 | | genuine dispute as to the existence of any material fact | 12 | | shall be resolved by viewing the fact in the light most | 13 | | favorable to the charging party. The Director shall then | 14 | | determine whether the entirety of the facts found in the | 15 | | investigation taken, including genuinely disputed material | 16 | | facts viewed in the light most favorable to the charging | 17 | | party, comprises substantial evidence to support the | 18 | | determination that a civil rights violation has been | 19 | | committed.
| 20 | | (3) If the Director determines
that there is no | 21 | | substantial
evidence, the charge shall be dismissed by | 22 | | order of the
Director and the Director shall give the
| 23 | | complainant notice of his or her right to seek review of | 24 | | the dismissal order before the
Commission or commence a | 25 | | civil action in the appropriate circuit court. If the | 26 | | complainant chooses to have the Human Rights Commission |
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| 1 | | review the dismissal order, he or she shall file a request | 2 | | for review with the Commission within 90 days after receipt | 3 | | of the Director's notice. If the complainant chooses to | 4 | | file a request for review with the Commission, he or she | 5 | | may not later commence a civil action in a circuit court. | 6 | | If the complainant chooses to commence a civil action in a | 7 | | circuit court, he or she must do so within 90 days after | 8 | | receipt of the Director's notice.
| 9 | | (4) If the Director determines that there is | 10 | | substantial evidence, he or she shall notify the | 11 | | complainant and respondent of that determination. The | 12 | | Director shall also notify the parties that the complainant | 13 | | has the right to either commence a civil action in the | 14 | | appropriate circuit court or request that the Department of | 15 | | Human Rights file a complaint with the Human Rights | 16 | | Commission on his or her behalf. Any such complaint shall | 17 | | be filed within 90 days after receipt of the Director's | 18 | | notice. If the complainant chooses to have the Department | 19 | | file a complaint with the Human Rights Commission on his or | 20 | | her behalf, the complainant must, within 30 days after | 21 | | receipt of the Director's notice, request in writing that | 22 | | the Department file the complaint. If the complainant | 23 | | timely requests that the Department file the complaint, the | 24 | | Department shall file the complaint on his or her behalf. | 25 | | If the complainant fails to timely request that the | 26 | | Department file the complaint, the complainant may file his |
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| 1 | | or her complaint with the Commission or commence a civil | 2 | | action in the appropriate circuit court.
If the complainant | 3 | | files a complaint with
the Human Rights Commission, the | 4 | | complainant shall give notice to the
Department of the | 5 | | filing of the complaint with the Human Rights Commission. | 6 | | (E) Conciliation.
| 7 | |
(1) When there is a finding of substantial evidence, | 8 | | the Department may designate a Department employee who is | 9 | | an attorney
licensed to practice in Illinois to endeavor to | 10 | | eliminate the effect of
the alleged civil rights violation | 11 | | and to prevent its repetition by
means of conference and | 12 | | conciliation.
| 13 | | (2) When the Department determines that a formal
| 14 | | 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.
| 19 | | (3) The place fixed for the conference shall be within | 20 | | 35 miles of
the place where the civil rights violation is | 21 | | alleged to have been
committed.
| 22 | | (4) 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.
| 25 | | (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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| 1 | | with the Commission or the circuit court.
| 2 | | (F) Complaint.
| 3 | | (1) When the complainant requests that the Department | 4 | | file a complaint with the Commission on his or her behalf, | 5 | | the Department shall prepare a
written complaint, under | 6 | | oath or affirmation, stating the nature of the
civil rights | 7 | | violation substantially as alleged in the charge | 8 | | previously
filed and the relief sought on behalf of the | 9 | | aggrieved party. The Department shall file the complaint | 10 | | with the Commission.
| 11 | | (2) If the complainant chooses to commence a civil | 12 | | action in a circuit court, he or she must do so in the | 13 | | circuit court in the county wherein the civil rights | 14 | | violation was allegedly committed. The form of the | 15 | | complaint in any such civil action shall be in accordance | 16 | | with the Illinois Code of Civil Procedure.
| 17 | | (G) Time Limit.
| 18 | | (1) When a charge of a civil rights violation has been
| 19 | | properly filed, the Department, within 365
days thereof or | 20 | | within any
extension of that period agreed to in writing by | 21 | | all parties, shall issue its report as required by | 22 | | subparagraph (D). Any such report
shall be duly served upon | 23 | | both the complainant and the respondent.
| 24 | | (2) If the Department has not issued its report within | 25 | | 365 days after the charge is filed, or any such longer | 26 | | period agreed to in writing by all the parties, the |
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| 1 | | complainant shall have 90 days to either file his or her | 2 | | own complaint with the Human Rights Commission or commence | 3 | | a civil action in the appropriate circuit court. If the | 4 | | complainant files a complaint with the Commission, the form | 5 | | of the complaint shall be in accordance with the provisions | 6 | | of
paragraph (F)(1). If the complainant commences a civil | 7 | | action in a circuit court, the form of the complaint shall | 8 | | be in accordance with the Illinois Code of Civil Procedure. | 9 | | The aggrieved party shall notify the Department that a
| 10 | | complaint
has been filed and shall serve a copy of the | 11 | | complaint on the Department
on the same date that the | 12 | | complaint is filed with the Commission or in circuit court. | 13 | | If the complainant files a complaint with the Commission, | 14 | | he or she may not later commence a civil action in circuit | 15 | | court.
| 16 | | (3) If an aggrieved party files a complaint
with the
| 17 | | Human Rights Commission or commences a civil action in | 18 | | circuit court pursuant to paragraph (2) of this subsection, | 19 | | or if
the time period for filing a complaint has expired, | 20 | | the
Department shall immediately cease its investigation | 21 | | and
dismiss the charge of civil rights violation.
Any final | 22 | | order entered by the Commission under this Section is
| 23 | | appealable in accordance with paragraph (B)(1) of Section | 24 | | 8-111.
Failure to immediately cease an investigation and | 25 | | dismiss the charge of civil
rights violation as provided in | 26 | | this paragraph
(3) constitutes grounds for entry of an |
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| 1 | | order by the circuit court permanently
enjoining the
| 2 | | investigation. The Department may also be liable for any
| 3 | | costs and other damages incurred by the respondent as a | 4 | | result of the action of
the Department.
| 5 | | (4) The Department shall stay any administrative | 6 | | proceedings
under this Section after the filing of a civil | 7 | | action by or on behalf of the
aggrieved party under any | 8 | | federal or State law seeking relief with respect to
the
| 9 | | alleged civil rights violation.
| 10 | | (H) This amendatory Act of 1995 applies to causes of action | 11 | | filed on or
after January 1, 1996.
| 12 | | (I) This amendatory Act of 1996 applies to causes of action | 13 | | filed on or
after January 1, 1996.
| 14 | | (J) The changes made to this Section by Public Act 95-243 | 15 | | apply to charges filed on or
after the effective date of those | 16 | | changes.
| 17 | | (K) The changes made to this Section by this amendatory Act | 18 | | of the 96th General Assembly apply to charges filed on or
after | 19 | | the effective date of those changes. | 20 | | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596, | 21 | | eff. 8-26-11; 97-813, eff. 7-13-12.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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