Full Text of HB0087 101st General Assembly
HB0087ham001 101ST GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 4/11/2019
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| 1 | | AMENDMENT TO HOUSE BILL 87
| 2 | | AMENDMENT NO. ______. Amend House Bill 87 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 3-101, 7-101, 7A-102, 7B-102, 8A-102, | 6 | | 10-101, and 10-103 and by adding Section 10-105 as follows:
| 7 | | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
| 8 | | Sec. 3-101. Definitions. The following definitions are | 9 | | applicable strictly
in the context of this Article:
| 10 | | (A) Real Property. "Real property" includes buildings, | 11 | | structures, real
estate, lands, tenements, leaseholds, | 12 | | interests in real estate cooperatives,
condominiums, and | 13 | | hereditaments, corporeal and incorporeal, or any interest
| 14 | | therein.
| 15 | | (B) Real Estate Transaction. "Real estate transaction" | 16 | | includes the
sale, exchange, rental or lease of real property. |
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| 1 | | "Real estate
transaction" also includes the brokering or | 2 | | appraising of residential real
property and the making or | 3 | | purchasing of loans or providing other financial assistance:
| 4 | | (1) for purchasing, constructing, improving, repairing or | 5 | | maintaining a dwelling; or
| 6 | | (2) secured by residential real estate.
| 7 | | "Real estate transaction" includes loan modification | 8 | | services. | 9 | | (C) Housing Accommodations. "Housing accommodation" | 10 | | includes any improved
or unimproved real property, or part | 11 | | thereof, which is used or occupied,
or is intended, arranged or | 12 | | designed to be used or occupied, as the home
or residence of | 13 | | one or more individuals.
| 14 | | (D) Real Estate Broker or Salesman. "Real estate broker or | 15 | | salesman"
means a person, whether licensed or not, who, for or | 16 | | with the expectation
of receiving a consideration, lists, | 17 | | sells, purchases, exchanges, rents,
or leases real property, or | 18 | | who negotiates or attempts to negotiate any
of these | 19 | | activities, or who holds himself or herself out as engaged in | 20 | | these.
| 21 | | (E) Familial Status. "Familial status" means one or more | 22 | | individuals
(who have not attained the age of 18 years) being | 23 | | domiciled with:
| 24 | | (1) a parent or person having legal custody of such | 25 | | individual or individuals; or
| 26 | | (2) the designee of such parent or other person having such |
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| 1 | | custody,
with the written permission of such parent or
other | 2 | | person.
| 3 | | The protections afforded by this Article against | 4 | | discrimination on the
basis of familial status apply to any | 5 | | person who is pregnant or is in the
process of securing legal | 6 | | custody of any individual who has not attained
the age of 18 | 7 | | years.
| 8 | | (F) Conciliation. "Conciliation" means the attempted | 9 | | resolution of
issues raised by a charge, or by the | 10 | | investigation of
such charge, through informal negotiations | 11 | | involving the
aggrieved party, the respondent and the | 12 | | Department.
| 13 | | (G) Conciliation Agreement. "Conciliation agreement" means | 14 | | a written
agreement setting forth the resolution of the issues | 15 | | in conciliation.
| 16 | | (H) Covered Multifamily Dwellings. As used in Section | 17 | | 3-102.1, "covered
multifamily dwellings" means:
| 18 | | (1) buildings consisting of 4 or more units if such | 19 | | buildings have one
or more elevators; and
| 20 | | (2) ground floor units in other buildings consisting of 4 | 21 | | or more units.
| 22 | | (I) Loan Modification Services. "Loan modification | 23 | | services" means any assistance offered to a loan borrower to | 24 | | obtain a modification to a term of an existing real estate loan | 25 | | or to obtain foreclosure relief, in exchange for a fee or other | 26 | | consideration, regardless of whether the person or entity has |
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| 1 | | the authority to affect the terms on which credit was extended | 2 | | to the borrower, provides or has provided any funds in | 3 | | connection with the loan, or is affiliated with any entity that | 4 | | provided funds for the loan. | 5 | | (Source: P.A. 86-820; 86-910; 86-1028.)
| 6 | | (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
| 7 | | Sec. 7-101. Powers and Duties. In addition to other powers | 8 | | and duties
prescribed in this Act, the Department shall have | 9 | | the following powers:
| 10 | | (A) Rules and Regulations. To adopt, promulgate, amend, and | 11 | | rescind rules
and regulations not inconsistent with the | 12 | | provisions of this Act pursuant
to the Illinois Administrative | 13 | | Procedure Act.
| 14 | | (B) Charges. To issue, receive, investigate, conciliate, | 15 | | settle, and dismiss
charges filed in conformity with this Act.
| 16 | | (C) Compulsory Process. To request subpoenas as it deems | 17 | | necessary for
its investigations.
| 18 | | (D) Complaints. To file complaints with the Commission in | 19 | | conformity
with this Act and to intervene in complaints filed | 20 | | under this Act pending before the Commission, a State court, or | 21 | | a federal court .
| 22 | | (E) Judicial Enforcement. To seek temporary relief and to | 23 | | enforce orders
of the Commission in conformity with this Act.
| 24 | | (F) Equal Employment Opportunities. To take such action as | 25 | | may be authorized
to provide for equal employment opportunities |
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| 1 | | and affirmative action.
| 2 | | (G) Recruitment; Research; Public Communication; Advisory | 3 | | Councils. To
engage in such recruitment, research and public | 4 | | communication and create
such advisory councils as may be | 5 | | authorized to effectuate the purposes of
this Act.
| 6 | | (H) Coordination with other Agencies. To coordinate its
| 7 | | activities with federal, state, and local agencies in | 8 | | conformity with this Act.
| 9 | | (I) Public Grants; Private Gifts. To accept public grants | 10 | | and private
gifts as may be authorized.
| 11 | | (J) Education and Training. To implement a formal and | 12 | | unbiased program
of education and training for all employees | 13 | | assigned to investigate and
conciliate charges under Articles | 14 | | 7A and 7B. The training program shall
include the following:
| 15 | | (1) substantive and procedural aspects of the | 16 | | investigation and
conciliation positions;
| 17 | | (2) current issues in human rights law and practice;
| 18 | | (3) lectures by specialists in substantive areas | 19 | | related to human
rights matters;
| 20 | | (4) orientation to each operational unit of the | 21 | | Department and Commission;
| 22 | | (5) observation of experienced Department | 23 | | investigators and attorneys
conducting conciliation | 24 | | conferences, combined with the opportunity to
discuss | 25 | | evidence presented and rulings made;
| 26 | | (6) the use of hypothetical cases requiring the |
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| 1 | | Department investigator
and conciliation conference | 2 | | attorney to issue judgments as a means to
evaluating | 3 | | knowledge and writing ability;
| 4 | | (7) writing skills;
| 5 | | (8) computer skills, including but not limited to word | 6 | | processing and
document management.
| 7 | | A formal, unbiased and ongoing professional development | 8 | | program
including, but not limited to, the above-noted areas | 9 | | shall be implemented
to keep Department investigators and | 10 | | attorneys informed of recent
developments and issues and to | 11 | | assist them in maintaining and enhancing
their professional | 12 | | competence.
| 13 | | (Source: P.A. 99-74, eff. 7-20-15.)
| 14 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 15 | | Sec. 7A-102. Procedures.
| 16 | | (A) Charge.
| 17 | | (1) Within 300 calendar days after the
date that a | 18 | | civil rights violation allegedly has been committed, a
| 19 | | charge in writing under oath or affirmation may be filed | 20 | | with the
Department by an aggrieved party or issued by the | 21 | | Department itself
under the signature of the Director.
| 22 | | (2) The charge shall be in such detail as to | 23 | | substantially apprise
any party properly concerned as to | 24 | | the time, place, and facts
surrounding the alleged civil | 25 | | rights violation.
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| 1 | | (3) Charges deemed filed with the Department pursuant | 2 | | to subsection (A-1) of this Section shall be deemed to be | 3 | | in compliance with this subsection. | 4 | | (A-1) Equal Employment Opportunity Commission Charges. | 5 | | (1) If a charge is filed with the Equal Employment | 6 | | Opportunity Commission (EEOC) within 300 calendar days | 7 | | after the date of the alleged civil rights violation, the | 8 | | charge shall be deemed filed with the Department for the | 9 | | purpose of preserving the complainant's rights under this | 10 | | Act on the date filed with the EEOC. If the EEOC is the | 11 | | governmental agency designated to investigate the charge | 12 | | first , the Department shall take no action on the charge | 13 | | except as set forth in this Section until the EEOC makes a | 14 | | determination on the charge and after the complainant | 15 | | notifies the Department of the EEOC's determination . | 16 | | (1.5) After In such cases, after receiving notice from | 17 | | the EEOC that a charge was filed, the Department shall | 18 | | notify the parties that (i) a charge has been received by | 19 | | the EEOC and has been sent to the Department for the | 20 | | purpose of preserving the complainant's rights under this | 21 | | Act dual filing purposes ; (ii) the EEOC is the governmental | 22 | | agency responsible for investigating the charge and that | 23 | | the investigation shall be conducted pursuant to the rules | 24 | | and procedures adopted by the EEOC; (iii) the EEOC's | 25 | | determination shall automatically be adopted by the | 26 | | Department without any further action on behalf of the |
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| 1 | | Department; (iv) the Department is administratively | 2 | | closing its investigation; and (v) the complainant has the | 3 | | right, within 90 days after receipt of the EEOC's | 4 | | determination or the date of the Department's notice, | 5 | | whichever is later, to commence a civil action in the | 6 | | appropriate circuit court or other appropriate court of | 7 | | competent jurisdiction it will take no action on the charge | 8 | | until the EEOC issues its determination; (iv) the | 9 | | complainant must submit a copy of the EEOC's determination | 10 | | within 30 days after service of the determination by the | 11 | | EEOC on complainant; and (v) that the time period to | 12 | | investigate the charge contained in subsection (G) of this | 13 | | Section is tolled from the date on which the charge is | 14 | | filed with the EEOC until the EEOC issues its | 15 | | determination . | 16 | | (2) (Blank). If the EEOC finds reasonable cause to | 17 | | believe that there has been a violation of federal law and | 18 | | if the Department is timely notified of the EEOC's findings | 19 | | by complainant, the Department shall notify complainant | 20 | | that the Department has adopted the EEOC's determination of | 21 | | reasonable cause and that complainant has the right, within | 22 | | 90 days after receipt of the Department's notice, to either | 23 | | file his or her own complaint with the Illinois Human | 24 | | Rights Commission or commence a civil action in the | 25 | | appropriate circuit court or other appropriate court of | 26 | | competent jurisdiction. This notice shall be provided to |
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| 1 | | the complainant within 10 business days after the | 2 | | Department's receipt of the EEOC's determination. The | 3 | | Department's notice to complainant that the Department has | 4 | | adopted the EEOC's determination of reasonable cause shall | 5 | | constitute the Department's Report for purposes of | 6 | | subparagraph (D) of this Section. | 7 | | (3) (Blank). For those charges alleging violations | 8 | | within the jurisdiction of both the EEOC and the Department | 9 | | and for which the EEOC either (i) does not issue a | 10 | | determination, but does issue the complainant a notice of a | 11 | | right to sue, including when the right to sue is issued at | 12 | | the request of the complainant, or (ii) determines that it | 13 | | is unable to establish that illegal discrimination has | 14 | | occurred and issues the complainant a right to sue notice, | 15 | | and if the Department is timely notified of the EEOC's | 16 | | determination by complainant, the Department shall notify | 17 | | the parties, within 10 business days after receipt of the | 18 | | EEOC's determination, that the Department will adopt the | 19 | | EEOC's determination as a dismissal for lack of substantial | 20 | | evidence unless the complainant requests in writing within | 21 | | 35 days after receipt of the Department's notice that the | 22 | | Department review the EEOC's determination. | 23 | | (a) If the complainant does not file a written | 24 | | request with the Department to review the EEOC's | 25 | | determination within 35 days after receipt of the | 26 | | Department's notice, the Department shall notify |
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| 1 | | complainant, within 10 business days after the | 2 | | expiration of the 35-day period, that the decision of | 3 | | the EEOC has been adopted by the Department as a | 4 | | dismissal for lack of substantial evidence and that the | 5 | | complainant has the right, within 90 days after receipt | 6 | | of the Department's notice, to commence a civil action | 7 | | in the appropriate circuit court or other appropriate | 8 | | court of competent jurisdiction. The Department's | 9 | | notice to complainant that the Department has adopted | 10 | | the EEOC's determination shall constitute the | 11 | | Department's report for purposes of subparagraph (D) | 12 | | of this Section. | 13 | | (b) If the complainant does file a written request | 14 | | with the Department to review the EEOC's | 15 | | determination, the Department shall review the EEOC's | 16 | | determination and any evidence obtained by the EEOC | 17 | | during its investigation. If, after reviewing the | 18 | | EEOC's determination and any evidence obtained by the | 19 | | EEOC, the Department determines there is no need for | 20 | | further investigation of the charge, the Department | 21 | | shall issue a report and the Director shall determine | 22 | | whether there is substantial evidence that the alleged | 23 | | civil rights violation has been committed pursuant to | 24 | | subsection (D) of Section 7A-102. If, after reviewing | 25 | | the EEOC's determination and any evidence obtained by | 26 | | the EEOC, the Department determines there is a need for |
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| 1 | | further investigation of the charge, the Department | 2 | | may conduct any further investigation it deems | 3 | | necessary. After reviewing the EEOC's determination, | 4 | | the evidence obtained by the EEOC, and any additional | 5 | | investigation conducted by the Department, the | 6 | | Department shall issue a report and the Director shall | 7 | | determine whether there is substantial evidence that | 8 | | the alleged civil rights violation has been committed | 9 | | pursuant to subsection (D) of Section 7A-102 of this | 10 | | Act. | 11 | | (4) (Blank). Pursuant to this Section, if the EEOC | 12 | | dismisses the charge or a portion of the charge of | 13 | | discrimination because, under federal law, the EEOC lacks | 14 | | jurisdiction over the charge, and if, under this Act, the | 15 | | Department has jurisdiction over the charge of | 16 | | discrimination, the Department shall investigate the | 17 | | charge or portion of the charge dismissed by the EEOC for | 18 | | lack of jurisdiction pursuant to subsections (A), (A-1), | 19 | | (B), (B-1), (C), (D), (E), (F), (G), (H), (I), (J), and (K) | 20 | | of Section 7A-102 of this Act. | 21 | | (5) (Blank). The time limit set out in subsection (G) | 22 | | of this Section is tolled from the date on which the charge | 23 | | is filed with the EEOC to the date on which the EEOC issues | 24 | | its determination.
| 25 | | (6) (Blank). The failure of the Department to meet the | 26 | | 10-business-day notification deadlines set out in |
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| 1 | | paragraph (2) of this subsection shall not impair the | 2 | | rights of any party.
| 3 | | (B) Notice and Response to Charge.
The Department shall, | 4 | | within 10
days of the date on which the charge
was filed, serve | 5 | | a copy of the charge on the respondent and provide all parties | 6 | | with a notice of the complainant's right to opt out of the | 7 | | investigation within 60 days as set forth in subsection (C-1). | 8 | | This period shall
not be construed to be jurisdictional. The | 9 | | charging party and the respondent
may each file a position | 10 | | statement and other materials with the Department
regarding the | 11 | | charge of alleged discrimination within 60 days of receipt of | 12 | | the
notice of the charge. The position statements and other | 13 | | materials filed shall
remain confidential unless otherwise | 14 | | agreed to by the party providing the
information and shall not | 15 | | be served on or made available to the other
party during | 16 | | pendency
of a charge with the Department. The Department may
| 17 | | require the respondent to file a response to
the allegations | 18 | | contained in the charge. Upon the Department's request, the | 19 | | respondent shall
file a response to the charge within 60 days | 20 | | and shall serve a copy
of its response on the
complainant or | 21 | | his or her representative. Notwithstanding any request from the | 22 | | Department,
the respondent may elect to file a response to the | 23 | | charge
within 60 days of receipt of notice of the charge, | 24 | | provided the respondent serves a copy of its response on the | 25 | | complainant or his or her representative. All allegations | 26 | | contained in the charge
not denied by the respondent within 60 |
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| 1 | | days of the Department's request for a response may be deemed | 2 | | admitted, unless the
respondent states that it is without | 3 | | sufficient information to
form a belief with respect to such | 4 | | allegation. The Department may issue
a notice of default | 5 | | directed to any respondent who fails to file a
response to a | 6 | | charge within 60 days of receipt of the Department's request,
| 7 | | unless the respondent can
demonstrate good cause as
to why such | 8 | | notice should not issue. The term "good cause" shall be defined | 9 | | by rule promulgated by the Department. Within 30 days of | 10 | | receipt
of the respondent's response, the complainant may file | 11 | | a
reply to
said response and
shall serve
a copy of said reply | 12 | | on the respondent or his or her representative. A party
shall | 13 | | have the right to supplement his or her response or reply at | 14 | | any time that
the investigation of the charge is pending. The | 15 | | Department shall,
within 10 days of the date on which the | 16 | | charge was filed,
and again no later than 335 days thereafter,
| 17 | | send by certified or registered mail , or electronic mail if | 18 | | elected by the party, written notice to the complainant
and to | 19 | | the respondent
informing the complainant
of the complainant's | 20 | | rights to either file a complaint with the Human
Rights | 21 | | Commission or commence a civil action in the appropriate | 22 | | circuit court
under subparagraph (2) of paragraph (G) and under | 23 | | subsection (C-1), including in such notice the dates
within | 24 | | which the complainant may exercise these rights.
In the notice | 25 | | the Department shall notify the complainant that the
charge of | 26 | | civil rights violation will be dismissed with prejudice and |
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| 1 | | with no
right to further proceed if a written complaint is not | 2 | | timely filed with
the Commission or with the appropriate | 3 | | circuit court by the complainant pursuant to subparagraph (2) | 4 | | of paragraph (G) or subsection (C-1)
or by the Department | 5 | | pursuant to subparagraph (1) of paragraph (G).
| 6 | | (B-1) Mediation. The complainant and respondent may agree | 7 | | to voluntarily
submit the charge
to mediation without waiving | 8 | | any rights that are otherwise available to
either party | 9 | | pursuant to this Act and without incurring any obligation to
| 10 | | accept the result of the mediation process. Nothing occurring | 11 | | in mediation
shall
be disclosed by the Department or admissible | 12 | | in evidence in any subsequent
proceeding unless the complainant | 13 | | and the respondent agree in writing that such
disclosure be | 14 | | made.
| 15 | | (C) Investigation.
| 16 | | (1) If the complainant does not elect to opt out of an | 17 | | investigation pursuant to subsection (C-1), the
Department | 18 | | shall conduct an investigation sufficient to determine | 19 | | whether the allegations set
forth in the charge are | 20 | | supported by substantial evidence.
| 21 | | (2) The Director or his or her designated | 22 | | representatives shall have
authority to request any member | 23 | | of the Commission to issue subpoenas to
compel the | 24 | | attendance of a witness or the production for
examination | 25 | | of any books, records or documents whatsoever.
| 26 | | (3) If any witness whose testimony is required for any |
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| 1 | | investigation
resides outside the State, or through | 2 | | illness or any other good cause as
determined by the | 3 | | Director is unable to be interviewed by the investigator
or | 4 | | appear at a fact finding conference, his or her testimony | 5 | | or deposition
may be taken, within or without the State, in | 6 | | the same manner as is
provided for in the taking of | 7 | | depositions in civil cases in circuit courts.
| 8 | | (4) Upon reasonable notice to the complainant and the | 9 | | respondent,
the Department may shall conduct a fact finding | 10 | | conference , unless prior to
365 days after the date on | 11 | | which the charge was filed the Director has determined | 12 | | whether there is substantial evidence
that the alleged | 13 | | civil rights violation has been committed, the charge has
| 14 | | been dismissed for lack of jurisdiction, or the parties | 15 | | voluntarily and in writing agree to waive the fact finding | 16 | | conference . When requested by the Department, any Any | 17 | | party's failure to attend the conference without good cause
| 18 | | shall result in dismissal or default. The term "good cause"
| 19 | | shall
be defined by rule promulgated by the Department. A | 20 | | notice of dismissal or
default shall be issued by the | 21 | | Director. The notice of default issued by the Director | 22 | | shall notify the respondent that a request for review may | 23 | | be filed in writing with the Commission
within 30 days of | 24 | | receipt of notice of default. The notice of dismissal | 25 | | issued by the Director shall give
the complainant notice of | 26 | | his or her right to seek review of the dismissal
before the |
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| 1 | | Human Rights Commission or commence a civil action in the
| 2 | | appropriate circuit court. If the complainant chooses to | 3 | | have the Human Rights Commission review the dismissal | 4 | | order, he or she shall file a request for review with the | 5 | | Commission within 90 days after receipt of the Director's | 6 | | notice. If the complainant chooses to file a request for | 7 | | review with the Commission, he or she may not later | 8 | | commence a civil action in a circuit court. If the | 9 | | complainant chooses to commence a civil action in a circuit | 10 | | court, he or she must do so within 90 days after receipt of | 11 | | the Director's notice.
| 12 | | (C-1) Opt out of Department's investigation. At any time | 13 | | within 60 days after receipt of notice of the right to opt out, | 14 | | a complainant may submit a written request seeking notice from | 15 | | the Director indicating that the complainant has opted out of | 16 | | the investigation and may commence a civil action in the | 17 | | appropriate circuit court. The Department shall respond to a | 18 | | complainant's opt-out request within 10 business days by | 19 | | issuing the complainant a notice of the right to commence an | 20 | | action in circuit court. The Department shall also notify the | 21 | | respondent that the complainant has elected to opt out of the | 22 | | administrative process within 10 business days of receipt of | 23 | | the complainant's request. If the complainant chooses to | 24 | | commence an action in a circuit court under this subsection, he | 25 | | or she must do so within 90 days after receipt of the | 26 | | Director's notice of the right to commence an action in circuit |
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| 1 | | court. The complainant shall notify the Department and the | 2 | | respondent that a complaint has been filed with the appropriate | 3 | | circuit court and shall mail a copy of the complaint to the | 4 | | Department and the respondent on the same date that the | 5 | | complaint is filed with the appropriate circuit court. Upon | 6 | | receipt of notice that the complainant has filed an action with | 7 | | the appropriate circuit court, the Department shall | 8 | | immediately cease its investigation and dismiss the charge of | 9 | | civil rights violation. Once a complainant has commenced an | 10 | | action in circuit court under this subsection, he or she may | 11 | | not file or refile a substantially similar charge with the | 12 | | Department arising from the same incident of unlawful | 13 | | discrimination or harassment. | 14 | | (D) Report.
| 15 | | (1) Each charge investigated under subsection (C) | 16 | | shall be the
subject of a
report to the Director. The | 17 | | report shall be a confidential document
subject to review | 18 | | by the Director, authorized Department employees, the
| 19 | | parties, and, where indicated by this Act, members of the | 20 | | Commission or
their designated hearing 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.
| 7 | | (3) If the Director determines
that there is no | 8 | | substantial
evidence, the charge shall be dismissed by | 9 | | order of the
Director and the Director shall give the
| 10 | | complainant notice of his or her right to seek review of | 11 | | the dismissal order before the
Commission or commence a | 12 | | civil action in the appropriate circuit court. If the | 13 | | complainant chooses to have the Human Rights Commission | 14 | | review the dismissal order, he or she shall file a request | 15 | | for review with the Commission within 90 days after receipt | 16 | | of the Director's notice. If the complainant chooses to | 17 | | file a request for review with the Commission, he or she | 18 | | may not later commence a civil action in a circuit court. | 19 | | If the complainant chooses to commence a civil action in a | 20 | | circuit court, he or she must do so within 90 days after | 21 | | receipt of the Director's notice.
| 22 | | (4) If the Director determines that there is | 23 | | substantial evidence, he or she shall notify the | 24 | | complainant and respondent of that determination. The | 25 | | Director shall also notify the parties that the complainant | 26 | | has the right to either commence a civil action in the |
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| 1 | | appropriate circuit court or request that the Department of | 2 | | Human Rights file a complaint with the Human Rights | 3 | | Commission on his or her behalf. Any such complaint shall | 4 | | be filed within 90 days after receipt of the Director's | 5 | | notice. If the complainant chooses to have the Department | 6 | | file a complaint with the Human Rights Commission on his or | 7 | | her behalf, the complainant must, within 30 days after | 8 | | receipt of the Director's notice, request in writing that | 9 | | the Department file the complaint. If the complainant | 10 | | timely requests that the Department file the complaint, the | 11 | | Department shall file the complaint on his or her behalf. | 12 | | If the complainant fails to timely request that the | 13 | | Department file the complaint, the complainant may file his | 14 | | or her complaint with the Commission or commence a civil | 15 | | action in the appropriate circuit court.
If the complainant | 16 | | files a complaint with
the Human Rights Commission, the | 17 | | complainant shall give notice to the
Department of the | 18 | | filing of the complaint with the Human Rights Commission. | 19 | | (E) Conciliation.
| 20 | |
(1) When there is a finding of substantial evidence, | 21 | | the Department may designate a Department employee who is | 22 | | an attorney
licensed to practice in Illinois to endeavor to | 23 | | eliminate the effect of
the alleged civil rights violation | 24 | | and to prevent its repetition by
means of conference and | 25 | | conciliation.
| 26 | | (2) When the Department determines that a formal
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| 1 | | conciliation conference is necessary, the complainant and | 2 | | respondent
shall be notified of the time and place of the | 3 | | conference by registered
or certified mail at least 10 days | 4 | | prior thereto and either or both
parties shall appear at | 5 | | the conference in person or by attorney.
| 6 | | (3) The place fixed for the conference shall be within | 7 | | 35 miles of
the place where the civil rights violation is | 8 | | alleged to have been
committed.
| 9 | | (4) Nothing occurring at the conference shall be | 10 | | disclosed by the
Department unless
the complainant and | 11 | | respondent agree in writing that
such disclosure be made.
| 12 | | (5) The Department's efforts to conciliate the matter | 13 | | shall not stay or extend the time for filing the complaint | 14 | | with the Commission or the circuit court.
| 15 | | (F) Complaint.
| 16 | | (1) When there is a failure to settle or adjust any | 17 | | charge through a conciliation conference and the charge is | 18 | | not dismissed the complainant requests that the Department | 19 | | file a complaint with the Commission on his or her behalf , | 20 | | the Department shall prepare a
written complaint, under | 21 | | oath or affirmation, stating the nature of the
civil rights | 22 | | violation substantially as alleged in the charge | 23 | | previously
filed and the relief sought on behalf of the | 24 | | aggrieved party. The complaint shall be based on the final | 25 | | investigation report and does not need to be limited to the | 26 | | facts or grounds alleged in the charge filed under |
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| 1 | | subsection (A). The Department shall file the complaint | 2 | | with the Commission.
| 3 | | (2) The Department shall file the complaint with the | 4 | | Commission. If the complainant chooses to commence a civil | 5 | | action in a circuit court, he or she must do so in the | 6 | | circuit court in the county wherein the civil rights | 7 | | violation was allegedly committed. The form of the | 8 | | complaint in any such civil action shall be in accordance | 9 | | with the Illinois Code of Civil Procedure.
| 10 | | (G) Time Limit.
| 11 | | (1) When a charge of a civil rights violation has been
| 12 | | properly filed, the Department, within 365
days thereof or | 13 | | within any
extension of that period agreed to in writing by | 14 | | all parties, shall issue its report as required by | 15 | | subparagraph (D). Any such report
shall be duly served upon | 16 | | both the complainant and the respondent.
| 17 | | (2) If the Department has not issued its report within | 18 | | 365 days after the charge is filed, or any such longer | 19 | | period agreed to in writing by all the parties, the | 20 | | complainant shall have 90 days to either file his or her | 21 | | own complaint with the Human Rights Commission or commence | 22 | | a civil action in the appropriate circuit court. If the | 23 | | complainant files a complaint with the Commission, the form | 24 | | of the complaint shall be in accordance with the provisions | 25 | | of
paragraph (F)(1). If the complainant commences a civil | 26 | | action in a circuit court, the form of the complaint shall |
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| 1 | | be in accordance with the Illinois Code of Civil Procedure. | 2 | | The aggrieved party shall notify the Department that a
| 3 | | complaint
has been filed and shall serve a copy of the | 4 | | complaint on the Department
on the same date that the | 5 | | complaint is filed with the Commission or in circuit court. | 6 | | If the complainant files a complaint with the Commission, | 7 | | he or she may not later commence a civil action in circuit | 8 | | court.
| 9 | | (3) If an aggrieved party files a complaint
with the
| 10 | | Human Rights Commission or commences a civil action in | 11 | | circuit court pursuant to paragraph (2) of this subsection, | 12 | | or if
the time period for filing a complaint has expired, | 13 | | the
Department shall immediately cease its investigation | 14 | | and
dismiss the charge of civil rights violation.
Any final | 15 | | order entered by the Commission under this Section is
| 16 | | appealable in accordance with paragraph (B)(1) of Section | 17 | | 8-111.
Failure to immediately cease an investigation and | 18 | | dismiss the charge of civil
rights violation as provided in | 19 | | this paragraph
(3) constitutes grounds for entry of an | 20 | | order by the circuit court permanently
enjoining the
| 21 | | investigation. The Department may also be liable for any
| 22 | | costs and other damages incurred by the respondent as a | 23 | | result of the action of
the Department.
| 24 | | (4) (Blank).
| 25 | | (5) The failure of the Department to meet the | 26 | | notification deadlines in subsections (B) and (C-1) shall |
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| 1 | | not impair the rights of any party. | 2 | | (H) This amendatory Act of 1995 applies to causes of action | 3 | | filed on or
after January 1, 1996.
| 4 | | (I) This amendatory Act of 1996 applies to causes of action | 5 | | filed on or
after January 1, 1996.
| 6 | | (J) The changes made to this Section by Public Act 95-243 | 7 | | apply to charges filed on or
after the effective date of those | 8 | | changes.
| 9 | | (K) The changes made to this Section by this amendatory Act | 10 | | of the 96th General Assembly apply to charges filed on or
after | 11 | | the effective date of those changes. | 12 | | (L) The changes made to this Section by this amendatory Act | 13 | | of the 100th General Assembly apply to charges filed on or
| 14 | | after the effective date of this amendatory Act of the 100th | 15 | | General Assembly. | 16 | | (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | 17 | | 100-1066, eff. 8-24-18.)
| 18 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 19 | | Sec. 7B-102. Procedures.
| 20 | | (A) Charge.
| 21 | | (1) Within one year after the
date that a civil rights | 22 | | violation allegedly has been committed or terminated,
a | 23 | | charge in writing under oath or affirmation may be filed | 24 | | with the
Department by an aggrieved party or issued by the | 25 | | Department itself
under the signature of the Director.
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| 1 | | (2) The charge shall be in such detail as to | 2 | | substantially apprise
any party properly concerned as to | 3 | | the time, place, and facts
surrounding the alleged civil | 4 | | rights violation.
| 5 | | (B) Notice and Response to Charge.
| 6 | | (1) The Department shall serve
notice upon the | 7 | | aggrieved party acknowledging such charge and advising the
| 8 | | aggrieved party of the time limits and choice of forums | 9 | | provided under this
Act. The Department shall, within 10 | 10 | | days of the date on which the charge
was filed or the | 11 | | identification of an additional respondent under paragraph
| 12 | | (2) of this subsection, serve on the respondent a copy of | 13 | | the charge along with a notice
identifying the alleged | 14 | | civil rights violation and advising the
respondent of the | 15 | | procedural rights and obligations of respondents under
| 16 | | this Act and may require the respondent to file a response | 17 | | to
the allegations contained in the charge. Upon the | 18 | | Department's request, the respondent
shall file a response | 19 | | to the charge within 30 days and
shall serve a copy of its | 20 | | response on the complainant or his or her
representative. | 21 | | Notwithstanding
any request from the Department, the | 22 | | respondent may elect
to file a response to the charge | 23 | | within 30 days of receipt
of notice of the charge, provided | 24 | | the respondent serves a copy of its response on the | 25 | | complainant or his or her representative. All allegations | 26 | | contained in the charge
not denied by the respondent within |
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| 1 | | 30 days after the Department's request for a response may | 2 | | be deemed admitted, unless the
respondent states that it is | 3 | | without sufficient information to
form a belief with | 4 | | respect to such allegation. The Department may issue
a | 5 | | notice of default directed to any respondent who fails to | 6 | | file a
response to a charge within 30 days of the | 7 | | Department's request, unless the respondent can | 8 | | demonstrate good cause as
to why such notice should not | 9 | | issue. The term "good cause" shall be defined by rule | 10 | | promulgated by the Department. Within 10 days of the date | 11 | | he or she
receives the respondent's response, the | 12 | | complainant may file his or her reply to
said response. If | 13 | | he or she chooses to file a reply, the complainant shall | 14 | | serve
a copy of said reply on the respondent or his or her | 15 | | representative. A party may
supplement his or her response | 16 | | or reply at any time that
the investigation of the charge | 17 | | is pending.
| 18 | | (2) A person who is not named as a respondent in a | 19 | | charge, but who is
identified as a respondent in the course | 20 | | of investigation, may be joined as
an additional or | 21 | | substitute respondent upon written notice, under | 22 | | subsection
(B), to such person, from the Department.
Such | 23 | | notice, in addition to meeting the requirements of | 24 | | subsections (A)
and (B), shall explain the basis for the | 25 | | Department's belief that a person
to whom the notice is | 26 | | addressed is properly joined as a respondent.
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| 1 | | (C) Investigation.
| 2 | | (1) The Department shall conduct a full investigation
| 3 | | of the allegations set forth in the charge and complete | 4 | | such investigation
within 100 days after the filing of the | 5 | | charge, unless it is impracticable to
do so. The | 6 | | Department's failure to complete the investigation within | 7 | | 100 days after the proper filing of the charge does not | 8 | | deprive the Department of jurisdiction over the charge.
| 9 | | (2) If the Department is unable to complete the | 10 | | investigation within 100
days after the charge is filed, | 11 | | the Department shall notify the complainant
and respondent | 12 | | in writing of the reasons for not doing so.
| 13 | | (3) The Director or his or her designated | 14 | | representative 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 | | (4) 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
provided for in the taking of | 25 | | depositions in civil cases in circuit courts.
| 26 | | (5) Upon reasonable notice to the complainant and the |
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| 1 | | respondent,
the Department may shall conduct a fact finding | 2 | | conference , unless prior to
100 days from the date on which | 3 | | the charge was filed, the Director has
determined whether | 4 | | there is substantial evidence that the alleged civil
rights | 5 | | violation has been committed or the parties voluntarily and | 6 | | in writing agree to waive the fact finding conference . When | 7 | | requested by the Department, a A party's failure to attend | 8 | | the
conference
without good cause may result in dismissal | 9 | | or default. A notice of dismissal
or default shall be | 10 | | issued by the Director and shall notify the relevant
party | 11 | | that a request for review may be filed in writing with the | 12 | | Commission
within 30 days of receipt of notice of dismissal | 13 | | or default.
| 14 | | (D) Report.
| 15 | | (1) Each charge investigated under subsection (C) | 16 | | shall be the subject of a
report to the Director. The | 17 | | report shall be a confidential document
subject to review | 18 | | by the Director, authorized Department employees, the
| 19 | | parties, and, where indicated by this Act, members of the | 20 | | Commission or
their designated hearing officers.
| 21 | | The report shall contain:
| 22 | | (a) the names and dates of contacts with witnesses;
| 23 | | (b) a summary and the date of correspondence and | 24 | | other contacts with the
aggrieved party and the | 25 | | respondent;
| 26 | | (c) a summary description of other pertinent |
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| 1 | | records;
| 2 | | (d) a summary of witness statements; and
| 3 | | (e) answers to questionnaires.
| 4 | | A final report under this paragraph may be amended if | 5 | | additional evidence
is later discovered.
| 6 | | (2) Upon review of the report and within 100 days of | 7 | | the filing of the
charge, unless it is impracticable
to do | 8 | | so, the Director shall determine whether there is | 9 | | substantial
evidence that the alleged civil rights | 10 | | violation has been committed or is
about to be committed.
| 11 | | If the Director is unable to make the determination within | 12 | | 100 days after
the filing of the charge, the Director shall | 13 | | notify the complainant and
respondent in writing of the | 14 | | reasons for not doing so. The Director's failure to make | 15 | | the determination within 100 days after the proper filing | 16 | | of the charge does not deprive the Department of | 17 | | jurisdiction over the charge.
| 18 | | (a) If the Director determines that there is no | 19 | | substantial
evidence, the charge shall be dismissed | 20 | | and the aggrieved party notified
that he or she may | 21 | | seek review of the dismissal order before the
| 22 | | Commission. The aggrieved party shall have 90 days from | 23 | | receipt of notice
to file a request for review by the | 24 | | Commission. The
Director shall make
public disclosure | 25 | | of each such dismissal.
| 26 | | (b) If the Director determines that there is |
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| 1 | | substantial evidence, he or
she shall immediately | 2 | | issue a complaint on behalf of the aggrieved party
| 3 | | pursuant to subsection (F).
| 4 | | (E) Conciliation.
| 5 | | (1) During the period beginning with the filing of
| 6 | | charge and ending with the filing of a complaint or a | 7 | | dismissal by the
Department, the Department shall, to the | 8 | | extent feasible, engage in
conciliation with respect to | 9 | | such charge.
| 10 | | When the Department determines that a formal
| 11 | | conciliation conference is feasible, the aggrieved party | 12 | | and respondent
shall be notified of the time and place of | 13 | | the conference by registered
or certified mail at least 7 | 14 | | days prior thereto and either or both
parties shall appear | 15 | | at the conference in person or by attorney.
| 16 | | (2) The place fixed for the conference shall be within | 17 | | 35 miles of
the place where the civil rights violation is | 18 | | alleged to have been
committed.
| 19 | | (3) Nothing occurring at the conference shall be made | 20 | | public or used as
evidence in a subsequent proceeding for | 21 | | the purpose of proving a violation
under this Act unless | 22 | | the complainant and respondent agree in writing that
such | 23 | | disclosure be made.
| 24 | | (4) A conciliation agreement arising out of such | 25 | | conciliation shall be
an agreement between the respondent | 26 | | and the complainant, and shall be
subject to approval by |
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| 1 | | the Department and Commission.
| 2 | | (5) A conciliation agreement may provide for binding | 3 | | arbitration of the
dispute arising from the charge. Any | 4 | | such arbitration that results from a
conciliation | 5 | | agreement may award appropriate relief, including monetary | 6 | | relief.
| 7 | | (6) Each conciliation agreement shall be made public | 8 | | unless the
complainant and respondent otherwise agree and | 9 | | the Department determines
that disclosure is not required | 10 | | to further the purpose of this Act.
| 11 | | (F) Complaint.
| 12 | | (1) When there is a failure to settle or adjust any
| 13 | | charge through a conciliation conference and the charge is | 14 | | not dismissed,
the Department shall prepare a
written | 15 | | complaint, under oath or affirmation, stating the nature of | 16 | | the
civil rights violation and the relief sought on behalf | 17 | | of the aggrieved
party. Such complaint shall be based on | 18 | | the final investigation report and
need not be limited to | 19 | | the facts or grounds alleged in the charge filed
under | 20 | | subsection (A).
| 21 | | (2) The complaint shall be filed with the Commission.
| 22 | | (3) The Department may not issue a complaint under this | 23 | | Section
regarding an alleged civil rights violation after | 24 | | the beginning of
the trial of a civil action commenced by | 25 | | the aggrieved party under any
State or federal law, seeking | 26 | | relief with respect to that alleged civil rights
violation.
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| 1 | | (G) Time Limit.
| 2 | | (1) When a charge of a civil rights violation has been
| 3 | | properly filed, the Department, within 100 days thereof, | 4 | | unless it is
impracticable to do so,
shall either issue and | 5 | | file a complaint in the manner and form set forth in
this | 6 | | Section or shall order that no complaint be issued. Any | 7 | | such order
shall be duly served upon both the aggrieved | 8 | | party and the respondent. The Department's failure to | 9 | | either issue and file a complaint or order that no | 10 | | complaint be issued within 100 days after the proper filing | 11 | | of the charge does not deprive the Department of | 12 | | jurisdiction over the charge.
| 13 | | (2) The Director shall make available to the aggrieved | 14 | | party
and the respondent, at any time, upon request | 15 | | following completion of the
Department's investigation, | 16 | | information derived from an investigation and
any final | 17 | | investigative report relating to that investigation.
| 18 | | (H) This amendatory Act of 1995 applies to causes of action | 19 | | filed on or
after
January 1, 1996.
| 20 | | (I) The changes made to this Section by Public Act 95-243 | 21 | | apply to charges filed on or
after the effective date of those | 22 | | changes. | 23 | | (J) The changes made to this Section by this amendatory Act | 24 | | of the 96th General Assembly apply to charges filed on or
after | 25 | | the effective date of those changes. | 26 | | (Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18.)
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| 1 | | (775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
| 2 | | Sec. 8A-102. Hearing on Complaint.
| 3 | | (A) Services. Within five days after
a complaint is filed | 4 | | by the Department, or the aggrieved party, as the case
may be, | 5 | | the Commission shall cause it to
be served on the respondent | 6 | | together with a notice of hearing before a hearing
officer of | 7 | | the Commission at a place therein fixed.
| 8 | | (A-5) Election of Judicial Determination. | 9 | | (1) When a complaint is filed under subsection (F) of | 10 | | Section 7A-102, a complainant may elect to have the claims | 11 | | asserted in that complaint decided in a civil action in a | 12 | | circuit court of this State, in which case the Code of | 13 | | Civil Procedure shall apply. The election shall be made no | 14 | | later than 20 days after the complainant's receipt of | 15 | | service of the complaint by the Commission. The complainant | 16 | | shall file the election with the Commission and shall give | 17 | | notice of doing so to the Department and to all other | 18 | | complainants and respondents to whom the charge relates. | 19 | | (2) If an election is made, the Commission shall act no | 20 | | further on the complaint and shall administratively close | 21 | | the file on the complaint. The complainant shall file the | 22 | | civil action in the appropriate circuit court within 30 | 23 | | days of the Commission's order of closure and serve a copy | 24 | | of the complaint on the Department on the same day the | 25 | | complaint is filed. |
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| 1 | | (3) If an election is not made, the Commission shall | 2 | | continue proceedings on the complaint in accordance with | 3 | | this Act and the hearing shall be before a hearing officer. | 4 | | (B) Time and Location of Hearing. An initial hearing date
| 5 | | shall be scheduled for not less
than thirty nor more than | 6 | | ninety days after service of the complaint at
a place that is | 7 | | within one hundred miles of the place at which the civil
rights | 8 | | violation is alleged to have occurred. The hearing officer may,
| 9 | | for good cause shown, extend the date of the hearing.
| 10 | | (B-5) Department Intervention. Within 60 days after the | 11 | | filing of the complaint by the Department or service of a | 12 | | complaint filed by a complainant on the Department, the | 13 | | Department may petition to intervene as a matter of right as a | 14 | | party in the proceeding if the Director determines: (1) the | 15 | | case involves matters of public interest or importance beyond | 16 | | the issues in the case; (2) the Department has an interest | 17 | | different from one or both of the parties; or (3) the | 18 | | Department's expertise makes it better suited to articulate a | 19 | | particular point of view. | 20 | | (C) Amendment.
| 21 | | (1) A complaint may be amended under oath by leave of
| 22 | | the presiding hearing officer, for good
cause shown,
upon | 23 | | timely written motion and reasonable notice to all | 24 | | interested parties
at any time prior to the
issuance of a | 25 | | recommended order pursuant to Section 8A-102(I) or
| 26 | | 8B-102(J). The amended complaint shall be
served upon all |
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| 1 | | parties of record and the Department of Human Rights by the
| 2 | | complainant, or by the Department if it prepared and filed | 3 | | the amended
complaint,
within 7 days of the date of the | 4 | | order permitting its filing or such additional
time as the | 5 | | hearing officer may order. Amendments to the complaint may
| 6 | | encompass
any
unlawful discrimination which is like or | 7 | | reasonably related to the charge
and growing out of the | 8 | | allegations in such charge, including, but not
limited to, | 9 | | allegations of retaliation.
| 10 | | (2) A motion that the complaint be amended to conform | 11 | | to the evidence,
made prior to the close of the public | 12 | | hearing, may be addressed orally on
the record to the | 13 | | hearing officer, and shall be granted for good and | 14 | | sufficient
cause.
| 15 | | (D) Answer.
| 16 | | (1) The respondent shall file an answer under oath or | 17 | | affirmation
to the original or amended complaint within 30 | 18 | | days of the date of service
thereof, but the hearing | 19 | | officer may, for good cause shown, grant further
time for | 20 | | the filing of an answer.
| 21 | | (2) When the respondent files a motion to dismiss the | 22 | | complaint within
30 days and the motion is denied by the | 23 | | hearing officer, the time for filing
the answer shall be | 24 | | within 15 days of the date of denial of the motion.
| 25 | | (3) Any allegation in the complaint which is not denied | 26 | | or admitted in
the answer is deemed admitted unless the |
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| 1 | | respondent states in the answer
that he is without | 2 | | sufficient knowledge or information to form a belief
with | 3 | | respect to such allegation.
| 4 | | (4) The failure to file an answer is deemed to | 5 | | constitute an admission
of the allegations contained in the | 6 | | complaint.
| 7 | | (5) The respondent has the right to amend his answer, | 8 | | upon leave of the
hearing officer, for good cause shown.
| 9 | | (E) Proceedings In Forma Pauperis.
| 10 | | (1) If the hearing officer is
satisfied that the | 11 | | complainant or respondent is a poor person, and unable
to | 12 | | prosecute or defend the complaint and pay the costs and | 13 | | expenses
thereof, the hearing officer may permit the party | 14 | | to commence and prosecute
or defend the action as a poor | 15 | | person. Such party shall have all the
necessary subpoenas, | 16 | | appearances, and proceedings without prepayment of
witness | 17 | | fees or charges. Witnesses shall attend as in other cases | 18 | | under
this Act and the same remedies shall be available for | 19 | | failure or refusal
to obey the subpoena as are provided for | 20 | | in Section 8-104 of this Act.
| 21 | | (2) A person desiring to proceed without payment of | 22 | | fees or charges
shall file with the hearing officer an | 23 | | affidavit stating that he is a poor
person and unable to | 24 | | pay costs, and that the action is meritorious.
| 25 | | (F) Discovery. The procedure for obtaining discovery of | 26 | | information from
parties and witnesses shall be specified by |
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| 1 | | the Commission in rules. If no
rule has been promulgated by the | 2 | | Commission on a particular type of discovery,
the Code of Civil | 3 | | Procedure may be considered persuasive authority. The
types of | 4 | | discovery shall
be the same as in civil cases in the
circuit | 5 | | courts
of this State, provided, however, that a party may take | 6 | | discovery depositions
only upon leave of the hearing officer | 7 | | and for good cause shown.
| 8 | | (G) Hearing.
| 9 | | (1) Both the complainant and the respondent may appear | 10 | | at
the hearing and examine and cross-examine witnesses.
| 11 | | (2) The testimony taken at the hearing shall be under | 12 | | oath or affirmation
and a transcript shall be made and | 13 | | filed in the office of the Commission.
| 14 | | (3) The testimony taken at the hearing is subject to | 15 | | the same rules of
evidence that apply in courts of this | 16 | | State in civil cases.
| 17 | | (H) Compelling Appearance of Parties at Hearing. The | 18 | | appearance at
the hearing of a party or a person who at the | 19 | | time of the hearing is an
officer, director, or employee of a | 20 | | party may be required by serving the
party with a notice | 21 | | designating the person who is required to appear. The
notice | 22 | | also may require the production at the hearing of documents or
| 23 | | tangible things. If the party or person is a nonresident of the | 24 | | county,
the hearing officer may order any terms and conditions | 25 | | in connection with
his appearance at the hearing that are just, | 26 | | including payment of his
reasonable expenses. Upon a failure to |
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| 1 | | comply with the notice, the hearing
officer may enter any order | 2 | | that is just.
| 3 | | (I) Decision.
| 4 | | (1) When all the testimony has been
taken, the hearing
| 5 | | officer shall determine whether the respondent has engaged | 6 | | in or is engaging
in the civil rights violation with | 7 | | respect to the person aggrieved as charged
in the | 8 | | complaint. A determination sustaining a complaint shall be | 9 | | based
upon a preponderance of the evidence.
| 10 | | (2) The hearing officer shall make findings of fact in | 11 | | writing and, if
the finding is against the respondent, | 12 | | shall issue and cause to be served
on the parties and the | 13 | | Department a recommended order for appropriate relief
as | 14 | | provided by this Act.
| 15 | | (3) If, upon all the evidence, the hearing officer | 16 | | finds that a respondent
has not engaged in the | 17 | | discriminatory practice charged in the complaint
or that a | 18 | | preponderance of the evidence does not sustain the | 19 | | complaint,
he shall state his findings of fact and shall | 20 | | issue and cause to be served
on the parties and the | 21 | | Department a recommended order dismissing the complaint.
| 22 | | (4) The findings and recommended order of the hearing | 23 | | officer shall be
filed
with the Commission. The findings | 24 | | and recommended order may
be authored by a hearing officer | 25 | | other than the hearing officer who
presides at the public | 26 | | hearing if:
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| 1 | | (a) the hearing officer who presides at the public | 2 | | hearing is unable
to
author the findings and | 3 | | recommended order by reason of death, disability, or
| 4 | | separation from employment; and
| 5 | | (b) all parties to a complaint file a joint motion
| 6 | | agreeing to have
the findings and recommended order | 7 | | written by a hearing
officer
who did not preside at the | 8 | | public hearing.
| 9 | | (5) A recommended order dismissing a complaint may | 10 | | include an award of
reasonable attorneys fees in favor of | 11 | | the respondent against the complainant
or
the | 12 | | complainant's attorney, or both, if the hearing officer
| 13 | | concludes that the complaint was frivolous, unreasonable | 14 | | or groundless or
that the complainant continued to litigate | 15 | | after it became clearly so.
| 16 | | (6) The hearing officer may issue a recommended order | 17 | | of dismissal with
prejudice or a recommended order of | 18 | | default as a sanction for the failure of a
party to | 19 | | prosecute his or her case, file a required pleading, appear | 20 | | at a
hearing, or otherwise comply with this Act, the rules | 21 | | of the Commission, or a
previous order of the hearing | 22 | | officer.
| 23 | | (Source: P.A. 92-472, eff. 1-1-02.)
| 24 | | (775 ILCS 5/10-101) (from Ch. 68, par. 10-101)
| 25 | | Sec. 10-101. Applicability. With the exception of Sections |
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| 1 | | Section 10-104 and 10-105 , this Article shall apply solely to | 2 | | civil
actions arising under Article 3 of this Act.
| 3 | | (Source: P.A. 93-1017, eff. 8-24-04.)
| 4 | | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
| 5 | | Sec. 10-103. Circuit Court Actions Pursuant To Election. | 6 | | (A) If an
election is made under Section 8B-102, the Department | 7 | | shall authorize and
not later than 30 days after the entry of | 8 | | the administrative closure order by the Commission election is | 9 | | made the Attorney General
shall commence and maintain a civil | 10 | | action on behalf of the aggrieved
party in a circuit court of | 11 | | Illinois seeking relief under this Section.
Venue for such | 12 | | civil action shall be determined under Section 8-111(B)(6).
| 13 | | (B) Any aggrieved party with respect to the issues to be | 14 | | determined in
a civil action under this Section may intervene | 15 | | as of right in that civil action.
| 16 | | (C) In a civil action under this Section, if the court | 17 | | finds that a
civil rights violation
has occurred or is about to | 18 | | occur the court may grant as relief any relief
which a court | 19 | | could grant with respect to such civil rights violation
in a | 20 | | civil action under Section 10-102. Any relief so granted that
| 21 | | would accrue to an aggrieved party in a civil action commenced | 22 | | by that
aggrieved party under Section 10-102 shall also accrue | 23 | | to that aggrieved
party in a civil action under this Section. | 24 | | If monetary relief is
sought for the benefit of an aggrieved | 25 | | party who does not intervene in the
civil action, the court |
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| 1 | | shall not award such relief if that aggrieved
party has not | 2 | | complied with discovery orders entered by the court.
| 3 | | (Source: P.A. 86-910.)
| 4 | | (775 ILCS 5/10-105 new) | 5 | | Sec. 10-105. Department Intervention. The Department may | 6 | | intervene as a matter of right in a civil action filed by a | 7 | | complainant in State or federal court under Section 7-109.1, | 8 | | subsection (A-1), (C-1), (D), or (G) of Section 7A-102, or | 9 | | subsection (A-5) of Section 8A-102 if the Director determines: | 10 | | (1) the case involves matters of public importance beyond the | 11 | | issues in the case; (2) the Department has an interest | 12 | | different from one or both of the parties; or (3) the | 13 | | Department's expertise makes it better suited to articulate a | 14 | | particular view. The Department's petition for intervention | 15 | | must be filed within 60 days after service of the complaint on | 16 | | the Department. ".
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