Full Text of SB0398 101st General Assembly
SB0398sam001 101ST GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/26/2019
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| 1 | | AMENDMENT TO SENATE BILL 398
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 398 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 7A-102 and 8-101 and by adding Section | 6 | | 7-109.2 as follows: | 7 | | (775 ILCS 5/7-109.2 new) | 8 | | Sec. 7-109.2. Federal or State court proceedings and local | 9 | | government administrative proceedings. | 10 | | (A) Effect of filing of a federal or State court | 11 | | proceeding. | 12 | | (1) For charges filed under Article 7A of this Act, if | 13 | | the complainant has initiated litigation in a federal or | 14 | | State court for the purposes of seeking final relief on | 15 | | some or all of the issues that are the basis of the charge, | 16 | | either party may request that the Department |
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| 1 | | administratively close the Department's charge or portions | 2 | | of the charge. Within 10 business days of receipt of the | 3 | | federal or State court complaint, the Department shall | 4 | | issue a notice of administrative closure and provide the | 5 | | complainant notice of his or her right to commence a civil | 6 | | action in the appropriate circuit court or other | 7 | | appropriate court of competent jurisdiction. | 8 | | (2) For charges filed under Article 7B of this Act, if | 9 | | the complainant has initiated litigation in a federal or | 10 | | State court for the purposes of seeking final relief on | 11 | | some or all of the issues that are the basis of the charge, | 12 | | either party may request that the Department | 13 | | administratively close the charge or portions of the charge | 14 | | pending in the federal or State court proceeding if a trial | 15 | | has commenced in the federal or State court proceeding. | 16 | | Within 10 business days of receipt of notice that the trial | 17 | | has begun, the Department shall issue a notice of | 18 | | administrative closure and provide the complainant notice | 19 | | of his or her right to commence a civil action in the | 20 | | appropriate circuit court or other appropriate court of | 21 | | competent jurisdiction. | 22 | | (3) Nothing in this Section shall preclude the | 23 | | Department from continuing to investigate an allegation in | 24 | | the charge that is not included in the federal or State | 25 | | court proceeding. | 26 | | (B) Effect of filing of a local government administrative |
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| 1 | | proceeding. For all charges filed under this Act, if the | 2 | | complainant has filed a charge or complaint before a local | 3 | | department or commission on the issues that are the basis for | 4 | | the charge, either party may request that the charge or | 5 | | complaint pending before the local department or commission be | 6 | | transferred to the Department pursuant to subsection (B) of | 7 | | Section 7-108. Upon transfer to the Department, the local | 8 | | department or commission shall administratively close its | 9 | | charge or complaint. Nothing in this Section shall preclude the | 10 | | local department or commission from continuing to investigate | 11 | | an allegation in its charge or complaint that is not covered by | 12 | | this Act. The complainant may amend the charge to include any | 13 | | allegation in the local department or commission's charge that | 14 | | is jurisdictional for the Department.
| 15 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 16 | | Sec. 7A-102. Procedures.
| 17 | | (A) Charge.
| 18 | | (1) Within 300 calendar days after the
date that a | 19 | | civil rights violation allegedly has been committed, a
| 20 | | charge in writing under oath or affirmation may be filed | 21 | | with the
Department by an aggrieved party or issued by the | 22 | | Department itself
under the signature of the Director.
| 23 | | (2) The charge shall be in such detail as to | 24 | | substantially apprise
any party properly concerned as to | 25 | | the time, place, and facts
surrounding the alleged civil |
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| 1 | | rights violation.
| 2 | | (3) Charges deemed filed with the Department pursuant | 3 | | to subsection (A-1) of this Section shall be deemed to be | 4 | | in compliance with this subsection. | 5 | | (A-1) Equal Employment Opportunity Commission Charges. | 6 | | (1) If a charge is filed with the Equal Employment | 7 | | Opportunity Commission (EEOC) within 300 calendar days | 8 | | after the date of the alleged civil rights violation, the | 9 | | charge shall be deemed filed with the Department on the | 10 | | date filed with the EEOC. If the EEOC is the governmental | 11 | | agency designated to investigate the charge first, the | 12 | | Department shall take no action until the EEOC makes a | 13 | | determination on the charge and after the complainant | 14 | | notifies the Department of the EEOC's determination. In | 15 | | such cases, after receiving notice from the EEOC that a | 16 | | charge was filed, the Department shall notify the parties | 17 | | that (i) a charge has been received by the EEOC and has | 18 | | been sent to the Department for dual filing purposes; (ii) | 19 | | the EEOC is the governmental agency responsible for | 20 | | investigating the charge and that the investigation shall | 21 | | be conducted pursuant to the rules and procedures adopted | 22 | | by the EEOC; (iii) it will take no action on the charge | 23 | | until the EEOC issues its determination; (iv) the | 24 | | complainant must submit a copy of the EEOC's determination | 25 | | within 30 days after service of the determination by the | 26 | | EEOC on complainant; and (v) that the time period to |
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| 1 | | investigate the charge contained in subsection (G) of this | 2 | | Section is tolled from the date on which the charge is | 3 | | filed with the EEOC until the EEOC issues its | 4 | | determination. | 5 | | (2) If the EEOC finds reasonable cause to believe that | 6 | | there has been a violation of federal law and if the | 7 | | Department is timely notified of the EEOC's findings by | 8 | | complainant, the Department shall notify complainant that | 9 | | the Department has adopted the EEOC's determination of | 10 | | reasonable cause and that complainant has the right, within | 11 | | 90 days after receipt of the Department's notice, to either | 12 | | file his or her own complaint with the Illinois Human | 13 | | Rights Commission or commence a civil action in the | 14 | | appropriate circuit court or other appropriate court of | 15 | | competent jurisdiction. This notice shall be provided to | 16 | | the complainant within 10 business days after the | 17 | | Department's receipt of the EEOC's determination. The | 18 | | Department's notice to complainant that the Department has | 19 | | adopted the EEOC's determination of reasonable cause shall | 20 | | constitute the Department's Report for purposes of | 21 | | subparagraph (D) of this Section. | 22 | | (3) For those charges alleging violations within the | 23 | | jurisdiction of both the EEOC and the Department and for | 24 | | which the EEOC either (i) does not issue a determination, | 25 | | but does issue the complainant a notice of a right to sue, | 26 | | including when the right to sue is issued at the request of |
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| 1 | | the complainant, or (ii) determines that it is unable to | 2 | | establish that illegal discrimination has occurred and | 3 | | issues the complainant a right to sue notice, and if the | 4 | | Department is timely notified of the EEOC's determination | 5 | | by complainant, the Department shall notify the parties, | 6 | | within 10 business days after receipt of the EEOC's | 7 | | determination, that the Department will adopt the EEOC's | 8 | | determination as a dismissal for lack of substantial | 9 | | evidence unless the complainant requests in writing within | 10 | | 35 days after receipt of the Department's notice that the | 11 | | Department review the EEOC's determination. | 12 | | (a) If the complainant does not file a written | 13 | | request with the Department to review the EEOC's | 14 | | determination within 35 days after receipt of the | 15 | | Department's notice, the Department shall notify | 16 | | complainant, within 10 business days after the | 17 | | expiration of the 35-day period, that the decision of | 18 | | the EEOC has been adopted by the Department as a | 19 | | dismissal for lack of substantial evidence and that the | 20 | | complainant has the right, within 90 days after receipt | 21 | | of the Department's notice, to commence a civil action | 22 | | in the appropriate circuit court or other appropriate | 23 | | court of competent jurisdiction. The Department's | 24 | | notice to complainant that the Department has adopted | 25 | | the EEOC's determination shall constitute the | 26 | | Department's report for purposes of subparagraph (D) |
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| 1 | | of this Section. | 2 | | (b) If the complainant does file a written request | 3 | | with the Department to review the EEOC's | 4 | | determination, the Department shall review the EEOC's | 5 | | determination and any evidence obtained by the EEOC | 6 | | during its investigation. If, after reviewing the | 7 | | EEOC's determination and any evidence obtained by the | 8 | | EEOC, the Department determines there is no need for | 9 | | further investigation of the charge, the Department | 10 | | shall issue a report and the Director shall determine | 11 | | whether there is substantial evidence that the alleged | 12 | | civil rights violation has been committed pursuant to | 13 | | subsection (D) of Section 7A-102. If, after reviewing | 14 | | the EEOC's determination and any evidence obtained by | 15 | | the EEOC, the Department determines there is a need for | 16 | | further investigation of the charge, the Department | 17 | | may conduct any further investigation it deems | 18 | | necessary. After reviewing the EEOC's determination, | 19 | | the evidence obtained by the EEOC, and any additional | 20 | | investigation conducted by the Department, the | 21 | | Department shall issue a report and the Director shall | 22 | | determine whether there is substantial evidence that | 23 | | the alleged civil rights violation has been committed | 24 | | pursuant to subsection (D) of Section 7A-102 of this | 25 | | Act. | 26 | | (4) Pursuant to this Section, if the EEOC dismisses the |
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| 1 | | charge or a portion of the charge of discrimination | 2 | | because, under federal law, the EEOC lacks jurisdiction | 3 | | over the charge, and if, under this Act, the Department has | 4 | | jurisdiction over the charge of discrimination, the | 5 | | Department shall investigate the charge or portion of the | 6 | | charge dismissed by the EEOC for lack of jurisdiction | 7 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 8 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 9 | | this Act. | 10 | | (5) The time limit set out in subsection (G) of this | 11 | | Section is tolled from the date on which the charge is | 12 | | filed with the EEOC to the date on which the EEOC issues | 13 | | its determination.
| 14 | | (6) The failure of the Department to meet the | 15 | | 10-business-day notification deadlines set out in | 16 | | paragraph (2) of this subsection shall not impair the | 17 | | rights of any party.
| 18 | | (B) Notice and Response to Charge.
The Department shall, | 19 | | within 10
days of the date on which the charge
was filed, serve | 20 | | a copy of the charge on the respondent and provide all parties | 21 | | with a notice of the complainant's right to opt out of the | 22 | | investigation within 60 days as set forth in subsection (C-1). | 23 | | This period shall
not be construed to be jurisdictional. The | 24 | | charging party and the respondent
may each file a position | 25 | | statement and other materials with the Department
regarding the | 26 | | charge of alleged discrimination within 60 days of receipt of |
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| 1 | | the
notice of the charge. The position statements and other | 2 | | materials filed shall
remain confidential unless otherwise | 3 | | agreed to by the party providing the
information and shall not | 4 | | be served on or made available to the other
party during | 5 | | pendency
of a charge with the Department. The Department may
| 6 | | require the respondent to file a response to
the allegations | 7 | | contained in the charge. Upon the Department's request, the | 8 | | respondent shall
file a response to the charge within 60 days | 9 | | and shall serve a copy
of its response on the
complainant or | 10 | | his or her representative. Notwithstanding any request from the | 11 | | Department,
the respondent may elect to file a response to the | 12 | | charge
within 60 days of receipt of notice of the charge, | 13 | | provided the respondent serves a copy of its response on the | 14 | | complainant or his or her representative. All allegations | 15 | | contained in the charge
not denied by the respondent within 60 | 16 | | days of the Department's request for a response may be deemed | 17 | | admitted, unless the
respondent states that it is without | 18 | | sufficient information to
form a belief with respect to such | 19 | | allegation. The Department may issue
a notice of default | 20 | | directed to any respondent who fails to file a
response to a | 21 | | charge within 60 days of receipt of the Department's request,
| 22 | | unless the respondent can
demonstrate good cause as
to why such | 23 | | notice should not issue. The term "good cause" shall be defined | 24 | | by rule promulgated by the Department. Within 30 days of | 25 | | receipt
of the respondent's response, the complainant may file | 26 | | a
reply to
said response and
shall serve
a copy of said reply |
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| 1 | | on the respondent or his or her representative. A party
shall | 2 | | have the right to supplement his or her response or reply at | 3 | | any time that
the investigation of the charge is pending. The | 4 | | Department shall,
within 10 days of the date on which the | 5 | | charge was filed,
and again no later than 335 days thereafter,
| 6 | | send by certified or registered mail written notice to the | 7 | | complainant
and to the respondent
informing the complainant
of | 8 | | the complainant's rights to either file a complaint with the | 9 | | Human
Rights Commission or commence a civil action in the | 10 | | appropriate circuit court
under subparagraph (2) of paragraph | 11 | | (G) and under subsection (C-1) , including in such notice the | 12 | | dates
within which the complainant may exercise these rights.
| 13 | | In the notice the Department shall notify the complainant that | 14 | | the
charge of civil rights violation will be dismissed with | 15 | | prejudice and with no
right to further proceed if a written | 16 | | complaint is not timely filed with
the Commission or with the | 17 | | appropriate circuit court by the complainant pursuant to | 18 | | subparagraph (2) of paragraph (G) or subsection (C-1)
or by the | 19 | | Department pursuant to subparagraph (1) of paragraph (G).
| 20 | | (B-1) Mediation. The complainant and respondent may agree | 21 | | to voluntarily
submit the charge
to mediation without waiving | 22 | | any rights that are otherwise available to
either party | 23 | | pursuant to this Act and without incurring any obligation to
| 24 | | accept the result of the mediation process. Nothing occurring | 25 | | in mediation
shall
be disclosed by the Department or admissible | 26 | | in evidence in any subsequent
proceeding unless the complainant |
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| 1 | | and the respondent agree in writing that such
disclosure be | 2 | | made.
| 3 | | (C) Investigation.
| 4 | | (1) The If the complainant does not elect to opt out of | 5 | | an investigation pursuant to subsection (C-1), the
| 6 | | Department shall conduct an investigation sufficient to | 7 | | determine whether the allegations set
forth in the charge | 8 | | are supported by substantial evidence unless the | 9 | | complainant elects to opt out of an investigation pursuant | 10 | | to subsection (C-1) .
| 11 | | (2) The Director or his or her designated | 12 | | representatives shall have
authority to request any member | 13 | | of the Commission to issue subpoenas to
compel the | 14 | | attendance of a witness or the production for
examination | 15 | | of any books, records or documents whatsoever.
| 16 | | (3) If any witness whose testimony is required for any | 17 | | investigation
resides outside the State, or through | 18 | | illness or any other good cause as
determined by the | 19 | | Director is unable to be interviewed by the investigator
or | 20 | | appear at a fact finding conference, his or her testimony | 21 | | or deposition
may be taken, within or without the State, in | 22 | | the same manner as is
provided for in the taking of | 23 | | depositions in civil cases in circuit courts.
| 24 | | (4) Upon reasonable notice to the complainant and the | 25 | | respondent,
the Department shall conduct a fact finding | 26 | | conference, unless prior to
365 days after the date on |
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| 1 | | which the charge was filed the Director has determined | 2 | | whether there is substantial evidence
that the alleged | 3 | | civil rights violation has been committed, the charge has
| 4 | | been dismissed for lack of jurisdiction, or the parties | 5 | | voluntarily and in writing agree to waive the fact finding | 6 | | conference. Any party's failure to attend the conference | 7 | | without good cause
shall result in dismissal or default. | 8 | | The term "good cause"
shall
be defined by rule promulgated | 9 | | by the Department. A notice of dismissal or
default shall | 10 | | be issued by the Director. The notice of default issued by | 11 | | the Director shall notify the respondent that a request for | 12 | | review may be filed in writing with the Commission
within | 13 | | 30 days of receipt of notice of default. The notice of | 14 | | dismissal issued by the Director shall give
the complainant | 15 | | notice of his or her right to seek review of the dismissal
| 16 | | before the Human Rights Commission or commence a civil | 17 | | action in the
appropriate circuit court. If the complainant | 18 | | chooses to have the Human Rights Commission review the | 19 | | dismissal order, he or she shall file a request for review | 20 | | with the Commission within 90 days after receipt of the | 21 | | Director's notice. If the complainant chooses to file a | 22 | | request for review with the Commission, he or she may not | 23 | | later commence a civil action in a circuit court. If the | 24 | | complainant chooses to commence a civil action in a circuit | 25 | | court, he or she must do so within 90 days after receipt of | 26 | | the Director's notice.
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| 1 | | (C-1) Opt out of Department's investigation. At any time | 2 | | within 60 days after receipt of notice of the right to opt out, | 3 | | a complainant may submit a written request seeking notice from | 4 | | the Director indicating that the complainant has opted out of | 5 | | the investigation and may commence a civil action in the | 6 | | appropriate circuit court or other appropriate court of | 7 | | competent jurisdiction . Within The Department shall respond to | 8 | | a complainant's opt-out request within 10 business days of | 9 | | receipt of the complainant's request to opt out of the | 10 | | investigation, the Director shall issue a notice to the parties | 11 | | stating that: (i) the complainant has exercised the right to | 12 | | opt out of the investigation; (ii) the complainant has 90 days | 13 | | after receipt of the Director's notice to commence an action in | 14 | | the appropriate circuit court or other appropriate court of | 15 | | competent jurisdiction; and (iii) the Department has ceased its | 16 | | investigation and is administratively closing the charge by | 17 | | issuing the complainant a notice of the right to commence an | 18 | | action in circuit court. The Department shall also notify the | 19 | | respondent that the complainant has elected to opt out of the | 20 | | administrative process within 10 business days of receipt of | 21 | | the complainant's request. If the complainant chooses to | 22 | | commence an action in a circuit court under this subsection, he | 23 | | or she must do so within 90 days after receipt of the | 24 | | Director's notice of the right to commence an action in circuit | 25 | | court . The complainant shall notify the Department and the | 26 | | respondent that a complaint has been filed with the appropriate |
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| 1 | | circuit court or other appropriate court of competent | 2 | | jurisdiction and shall mail a copy of the complaint to the | 3 | | Department and the respondent on the same date that the | 4 | | complaint is filed with the appropriate circuit court. Upon | 5 | | receipt of notice that the complainant has filed an action with | 6 | | the appropriate circuit court, the Department shall | 7 | | immediately cease its investigation and dismiss the charge of | 8 | | civil rights violation. Once a complainant has opted out of the | 9 | | investigation commenced an action in circuit court under this | 10 | | subsection, he or she may not file or refile a substantially | 11 | | similar charge with the Department arising from the same | 12 | | incident of unlawful discrimination or harassment. | 13 | | (D) Report.
| 14 | | (1) Each charge investigated under subsection (C) | 15 | | shall be the
subject of a
report to the Director. The | 16 | | report shall be a confidential document
subject to review | 17 | | by the Director, authorized Department employees, the
| 18 | | parties, and, where indicated by this Act, members of the | 19 | | Commission or
their designated hearing officers.
| 20 | | (2) Upon review of the report, the Director shall | 21 | | determine whether
there is substantial evidence that the | 22 | | alleged civil rights violation
has been committed.
The | 23 | | determination of substantial evidence is limited to | 24 | | determining the need
for further consideration of the | 25 | | charge pursuant to this Act
and includes, but is not | 26 | | limited to, findings of fact and conclusions, as well
as |
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| 1 | | the reasons for the determinations on all material issues. | 2 | | Substantial evidence is evidence which a reasonable mind | 3 | | accepts
as sufficient to support a particular conclusion | 4 | | and which consists of more
than a mere scintilla but may be | 5 | | somewhat less than a preponderance.
| 6 | | (3) If the Director determines
that there is no | 7 | | substantial
evidence, the charge shall be dismissed by | 8 | | order of the
Director and the Director shall give the
| 9 | | complainant notice of his or her right to seek review of | 10 | | the dismissal order before the
Commission or commence a | 11 | | civil action in the appropriate circuit court. If the | 12 | | complainant chooses to have the Human Rights Commission | 13 | | review the dismissal order, he or she shall file a request | 14 | | for review with the Commission within 90 days after receipt | 15 | | of the Director's notice. If the complainant chooses to | 16 | | file a request for review with the Commission, he or she | 17 | | may not later commence a civil action in a circuit court. | 18 | | If the complainant chooses to commence a civil action in a | 19 | | circuit court, he or she must do so within 90 days after | 20 | | receipt of the Director's notice.
| 21 | | (4) If the Director determines that there is | 22 | | substantial evidence, he or she shall notify the | 23 | | complainant and respondent of that determination. The | 24 | | Director shall also notify the parties that the complainant | 25 | | has the right to either commence a civil action in the | 26 | | appropriate circuit court or request that the Department of |
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| 1 | | Human Rights file a complaint with the Human Rights | 2 | | Commission on his or her behalf. Any such complaint shall | 3 | | be filed within 90 days after receipt of the Director's | 4 | | notice. If the complainant chooses to have the Department | 5 | | file a complaint with the Human Rights Commission on his or | 6 | | her behalf, the complainant must, within 30 days after | 7 | | receipt of the Director's notice, request in writing that | 8 | | the Department file the complaint. If the complainant | 9 | | timely requests that the Department file the complaint, the | 10 | | Department shall file the complaint on his or her behalf. | 11 | | If the complainant fails to timely request that the | 12 | | Department file the complaint, the complainant may file his | 13 | | or her complaint with the Commission or commence a civil | 14 | | action in the appropriate circuit court.
If the complainant | 15 | | files a complaint with
the Human Rights Commission, the | 16 | | complainant shall give notice to the
Department of the | 17 | | filing of the complaint with the Human Rights Commission. | 18 | | (E) Conciliation.
| 19 | |
(1) When there is a finding of substantial evidence, | 20 | | the Department may designate a Department employee who is | 21 | | an attorney
licensed to practice in Illinois to endeavor to | 22 | | eliminate the effect of
the alleged civil rights violation | 23 | | and to prevent its repetition by
means of conference and | 24 | | conciliation.
| 25 | | (2) When the Department determines that a formal
| 26 | | conciliation conference is necessary, the complainant and |
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| 1 | | respondent
shall be notified of the time and place of the | 2 | | conference by registered
or certified mail at least 10 days | 3 | | prior thereto and either or both
parties shall appear at | 4 | | the conference in person or by attorney.
| 5 | | (3) The place fixed for the conference shall be within | 6 | | 35 miles of
the place where the civil rights violation is | 7 | | alleged to have been
committed.
| 8 | | (4) Nothing occurring at the conference shall be | 9 | | disclosed by the
Department unless
the complainant and | 10 | | respondent agree in writing that
such disclosure be made.
| 11 | | (5) The Department's efforts to conciliate the matter | 12 | | shall not stay or extend the time for filing the complaint | 13 | | with the Commission or the circuit court.
| 14 | | (F) Complaint.
| 15 | | (1) When the complainant requests that the Department | 16 | | file a complaint with the Commission on his or her behalf, | 17 | | the Department shall prepare a
written complaint, under | 18 | | oath or affirmation, stating the nature of the
civil rights | 19 | | violation substantially as alleged in the charge | 20 | | previously
filed and the relief sought on behalf of the | 21 | | aggrieved party. The Department shall file the complaint | 22 | | with the Commission.
| 23 | | (2) If the complainant chooses to commence a civil | 24 | | action in a circuit court, he or she must do so in the | 25 | | circuit court in the county wherein the civil rights | 26 | | violation was allegedly committed. The form of the |
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| 1 | | complaint in any such civil action shall be in accordance | 2 | | with the Illinois Code of Civil Procedure.
| 3 | | (G) Time Limit.
| 4 | | (1) When a charge of a civil rights violation has been
| 5 | | properly filed, the Department, within 365
days thereof or | 6 | | within any
extension of that period agreed to in writing by | 7 | | all parties, shall issue its report as required by | 8 | | subparagraph (D). Any such report
shall be duly served upon | 9 | | both the complainant and the respondent.
| 10 | | (2) If the Department has not issued its report within | 11 | | 365 days after the charge is filed, or any such longer | 12 | | period agreed to in writing by all the parties, the | 13 | | complainant shall have 90 days to either file his or her | 14 | | own complaint with the Human Rights Commission or commence | 15 | | a civil action in the appropriate circuit court. If the | 16 | | complainant files a complaint with the Commission, the form | 17 | | of the complaint shall be in accordance with the provisions | 18 | | of
paragraph (F)(1). If the complainant commences a civil | 19 | | action in a circuit court, the form of the complaint shall | 20 | | be in accordance with the Illinois Code of Civil Procedure. | 21 | | The aggrieved party shall notify the Department that a
| 22 | | complaint
has been filed and shall serve a copy of the | 23 | | complaint on the Department
on the same date that the | 24 | | complaint is filed with the Commission or in circuit court. | 25 | | If the complainant files a complaint with the Commission, | 26 | | he or she may not later commence a civil action in circuit |
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| 1 | | court.
| 2 | | (3) If an aggrieved party files a complaint
with the
| 3 | | Human Rights Commission or commences a civil action in | 4 | | circuit court pursuant to paragraph (2) of this subsection, | 5 | | or if
the time period for filing a complaint has expired, | 6 | | the
Department shall immediately cease its investigation | 7 | | and
dismiss the charge of civil rights violation.
Any final | 8 | | order entered by the Commission under this Section is
| 9 | | appealable in accordance with paragraph (B)(1) of Section | 10 | | 8-111.
Failure to immediately cease an investigation and | 11 | | dismiss the charge of civil
rights violation as provided in | 12 | | this paragraph
(3) constitutes grounds for entry of an | 13 | | order by the circuit court permanently
enjoining the
| 14 | | investigation. The Department may also be liable for any
| 15 | | costs and other damages incurred by the respondent as a | 16 | | result of the action of
the Department.
| 17 | | (4) (Blank).
| 18 | | (H) This amendatory Act of 1995 applies to causes of action | 19 | | filed on or
after January 1, 1996.
| 20 | | (I) This amendatory Act of 1996 applies to causes of action | 21 | | filed on or
after January 1, 1996.
| 22 | | (J) The changes made to this Section by Public Act 95-243 | 23 | | apply to charges filed on or
after the effective date of those | 24 | | changes.
| 25 | | (K) The changes made to this Section by this amendatory Act | 26 | | of the 96th General Assembly apply to charges filed on or
after |
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| 1 | | the effective date of those changes. | 2 | | (L) The changes made to this Section by this amendatory Act | 3 | | of the 100th General Assembly apply to charges filed on or
| 4 | | after the effective date of this amendatory Act of the 100th | 5 | | General Assembly. | 6 | | (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | 7 | | 100-1066, eff. 8-24-18.)
| 8 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| 9 | | Sec. 8-101. Illinois Human Rights Commission.
| 10 | | (A) Creation; appointments. The Human Rights Commission is | 11 | | created to consist
of 7 members appointed by the Governor with | 12 | | the advice and consent of the
Senate. No more than 4 members | 13 | | shall be of the same political party. The
Governor shall | 14 | | designate one member as chairperson. All appointments shall
be | 15 | | in writing and filed with the Secretary of State as a public | 16 | | record.
| 17 | | (B) Terms. Of the members first appointed, 4 shall be | 18 | | appointed for a
term to expire on the third Monday of January, | 19 | | 2021, and 3 (including the
Chairperson) shall be appointed for | 20 | | a term to expire on the third Monday
of January, 2023.
| 21 | | Notwithstanding any provision of this Section to the | 22 | | contrary, the term
of office of each member of the Illinois | 23 | | Human Rights Commission is
abolished on January 19, 2019. | 24 | | Incumbent members holding a position on the Commission that was | 25 | | created by Public Act 84-115 and whose terms, if not for this |
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| 1 | | amendatory Act of the 100th General Assembly, would have | 2 | | expired January 18, 2021 shall continue to exercise all of the | 3 | | powers and be
subject to all of the duties of members of the | 4 | | Commission until June 30, 2019 or until
their respective | 5 | | successors are appointed and qualified, whichever is earlier.
| 6 | | Thereafter, each member shall serve for a term of 4 years
| 7 | | and until his or her successor is appointed and qualified; | 8 | | except that any
member chosen to fill a vacancy occurring | 9 | | otherwise than by expiration of
a term shall be appointed only | 10 | | for the unexpired term of the member whom
he or she shall | 11 | | succeed and until his or her successor is appointed and
| 12 | | qualified.
| 13 | | (C) Vacancies. | 14 | | (1) In the case of vacancies on the Commission during
a | 15 | | recess of the Senate, the Governor shall make a temporary | 16 | | appointment
until the next meeting of the Senate when he or | 17 | | she shall appoint a person
to fill the vacancy. Any person | 18 | | so nominated and confirmed by the Senate
shall hold office | 19 | | for the remainder of the term and until his or her | 20 | | successor
is appointed and qualified.
| 21 | | (2) If the Senate is not in session at the time this | 22 | | Act takes effect,
the Governor shall make temporary | 23 | | appointments to the Commission as in the
case of vacancies.
| 24 | | (3) Vacancies in the Commission shall not impair the | 25 | | right of the remaining
members to exercise all the powers | 26 | | of the Commission. Except when authorized
by this Act to |
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| 1 | | proceed through a 3 member panel, a majority of the members
| 2 | | of the Commission then in office shall constitute a quorum.
| 3 | | (D) Compensation. On and after January 19, 2019, the | 4 | | Chairperson of the Commission shall be compensated
at the rate | 5 | | of $125,000 per year, or as set by the Compensation Review
| 6 | | Board, whichever is greater, during his or her service as | 7 | | Chairperson,
and each other member shall be compensated at the | 8 | | rate of $119,000 per
year, or as set by the Compensation Review | 9 | | Board, whichever is greater.
In addition, all members of the | 10 | | Commission shall be reimbursed for expenses
actually and | 11 | | necessarily incurred by them
in the performance of their | 12 | | duties.
| 13 | | (E) Notwithstanding the general supervisory authority of | 14 | | the Chairperson, each commissioner, unless appointed to the | 15 | | special temporary panel created under subsection (H), has the | 16 | | authority to hire and supervise a staff attorney. The staff | 17 | | attorney shall report directly to the individual commissioner. | 18 | | (F) A formal training program for newly appointed | 19 | | commissioners shall be implemented. The training program shall | 20 | | include the following: | 21 | | (1) substantive and procedural aspects of the office of | 22 | | commissioner; | 23 | | (2) current issues in employment and housing | 24 | | discrimination and public accommodation law and practice; | 25 | | (3) orientation to each operational unit of the
Human | 26 | | Rights Commission; |
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| 1 | | (4) observation of experienced hearing officers and | 2 | | commissioners conducting hearings of cases, combined with | 3 | | the opportunity to discuss evidence presented and rulings | 4 | | made; | 5 | | (5) the use of hypothetical cases requiring the
newly | 6 | | appointed commissioner to issue judgments as a means of | 7 | | evaluating knowledge and writing ability; | 8 | | (6) writing skills; and | 9 | | (7) professional and ethical standards. | 10 | | A formal and ongoing professional development program | 11 | | including, but not limited to, the above-noted areas shall be | 12 | | implemented to keep commissioners informed of recent | 13 | | developments and issues and to assist them in maintaining and | 14 | | enhancing their professional competence. Each commissioner | 15 | | shall complete 20 hours of training in the above-noted areas | 16 | | during every 2 years the commissioner remains in office. | 17 | | (G) Commissioners must meet one of the following | 18 | | qualifications: | 19 | | (1) licensed to practice law in the State of Illinois; | 20 | | (2) at least 3 years of experience as a hearing officer | 21 | | at the Human Rights Commission; or | 22 | | (3) at least 4 years of professional experience working | 23 | | for or dealing with individuals or corporations affected by | 24 | | this Act or similar laws in other jurisdictions, including, | 25 | | but not limited to, experience with a civil rights advocacy | 26 | | group, a fair housing group, a trade association, a union, |
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| 1 | | a law firm, a legal aid organization, an employer's human | 2 | | resources department, an employment discrimination | 3 | | consulting firm, or a municipal human relations agency. | 4 | | The Governor's appointment message, filed with the | 5 | | Secretary of State and transmitted to the Senate, shall state | 6 | | specifically how the experience of a nominee for commissioner | 7 | | meets the requirement set forth in this subsection. The | 8 | | Chairperson must have public or private sector management and | 9 | | budget experience, as determined by the Governor. | 10 | | Each commissioner shall devote full time to his or her | 11 | | duties and any commissioner who is an attorney shall not engage | 12 | | in the practice of law, nor shall any commissioner hold any | 13 | | other office or position of profit under the United States or | 14 | | this State or any municipal corporation or political | 15 | | subdivision of this State, nor engage in any other business, | 16 | | employment, or vocation. | 17 | | (H) Notwithstanding any other provision of this Act, the | 18 | | Governor shall appoint, by and with the consent of the Senate, | 19 | | a special temporary panel of commissioners comprised of 3 | 20 | | members. The members shall hold office until the Commission, in | 21 | | consultation with the Governor, determines that the caseload of | 22 | | requests for review has been reduced sufficiently to allow | 23 | | cases to proceed in a timely manner, or for a term of 18 months | 24 | | from the date of appointment by the Governor, whichever is | 25 | | earlier. Each of the 3 members shall have only such rights and | 26 | | powers of a commissioner necessary to dispose of the cases |
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| 1 | | assigned to the special panel. Each of the 3 members appointed | 2 | | to the special panel shall receive the same salary as other | 3 | | commissioners for the duration of the panel. The panel shall | 4 | | have the authority to hire and supervise a staff attorney who | 5 | | shall report to the panel of commissioners. | 6 | | (Source: P.A. 99-642, eff. 7-28-16; 100-1066, eff. 8-24-18.)
| 7 | | (775 ILCS 5/7-109.1 rep.)
| 8 | | Section 10. The Illinois Human Rights Act is amended by | 9 | | repealing Section 7-109.1.".
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