Full Text of HB0700 102nd General Assembly
HB0700ham001 102ND GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 700
| 2 | | AMENDMENT NO. ______. Amend House Bill 700 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 7-101, 8A-102, 10-102, and 10-103 and by | 6 | | adding Section 10-105 as follows:
| 7 | | (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
| 8 | | Sec. 7-101. Powers and Duties. In addition to other powers | 9 | | and duties
prescribed in this Act, the Department shall have | 10 | | the following powers:
| 11 | | (A) Rules and Regulations. To adopt, promulgate, amend, | 12 | | and rescind rules
and regulations not inconsistent with the | 13 | | provisions of this Act pursuant
to the Illinois Administrative | 14 | | Procedure Act.
| 15 | | (B) Charges. To issue, receive, investigate, conciliate, | 16 | | settle, and dismiss
charges filed in conformity with this Act.
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| 1 | | (C) Compulsory Process. To request subpoenas as it deems | 2 | | necessary for
its investigations.
| 3 | | (D) Complaints. To file complaints with the Commission in | 4 | | conformity
with this Act and to intervene in complaints | 5 | | pending before the Commission filed under Article 2, 4, 5, 5A, | 6 | | or 6 .
| 7 | | (E) Judicial Enforcement. To seek temporary relief and to | 8 | | enforce orders
of the Commission in conformity with this Act.
| 9 | | (F) Equal Employment Opportunities. To take such action as | 10 | | may be authorized
to provide for equal employment | 11 | | opportunities and affirmative action.
| 12 | | (G) Recruitment; Research; Public Communication; Advisory | 13 | | Councils. To
engage in such recruitment, research and public | 14 | | communication and create
such advisory councils as may be | 15 | | authorized to effectuate the purposes of
this Act.
| 16 | | (H) Coordination with other Agencies. To coordinate its
| 17 | | activities with federal, state, and local agencies in | 18 | | conformity with this Act.
| 19 | | (I) Public Grants; Private Gifts. To accept public grants | 20 | | and private
gifts as may be authorized.
| 21 | | (J) Education and Training. To implement a formal and | 22 | | unbiased program
of education and training for all employees | 23 | | assigned to investigate and
conciliate charges under Articles | 24 | | 7A and 7B. The training program shall
include the following:
| 25 | | (1) substantive and procedural aspects of the | 26 | | investigation and
conciliation positions;
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| 1 | | (2) current issues in human rights law and practice;
| 2 | | (3) lectures by specialists in substantive areas | 3 | | related to human
rights matters;
| 4 | | (4) orientation to each operational unit of the | 5 | | Department and Commission;
| 6 | | (5) observation of experienced Department | 7 | | investigators and attorneys
conducting conciliation | 8 | | conferences, combined with the opportunity to
discuss | 9 | | evidence presented and rulings made;
| 10 | | (6) the use of hypothetical cases requiring the | 11 | | Department investigator
and conciliation conference | 12 | | attorney to issue judgments as a means to
evaluating | 13 | | knowledge and writing ability;
| 14 | | (7) writing skills;
| 15 | | (8) computer skills, including but not limited to word | 16 | | processing and
document management.
| 17 | | A formal, unbiased and ongoing professional development | 18 | | program
including, but not limited to, the above-noted areas | 19 | | shall be implemented
to keep Department investigators and | 20 | | attorneys informed of recent
developments and issues and to | 21 | | assist them in maintaining and enhancing
their professional | 22 | | competence.
| 23 | | (Source: P.A. 99-74, eff. 7-20-15.)
| 24 | | (775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
| 25 | | Sec. 8A-102. Hearing on Complaint.
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| 1 | | (A) Services. Within five days after
a complaint is filed | 2 | | by the Department, or the aggrieved party, as the case
may be, | 3 | | the Commission shall cause it to
be served on the respondent | 4 | | together with a notice of hearing before a hearing
officer of | 5 | | the Commission at a place therein fixed.
| 6 | | (B) Time and Location of Hearing. An initial hearing date
| 7 | | shall be scheduled for not less
than thirty nor more than | 8 | | ninety days after service of the complaint at
a place that is | 9 | | within one hundred miles of the place at which the civil
rights | 10 | | violation is alleged to have occurred. The hearing officer | 11 | | may,
for good cause shown, extend the date of the hearing.
| 12 | | (B-5) Intervention by the Department. | 13 | | (1) After the filing of a complaint under Article 2, 4, 5, | 14 | | 5A, or 6, the Department may petition and shall be permitted as | 15 | | a matter of right to intervene as a party in the proceeding if | 16 | | the Commission determines that: (i) the case involves matters | 17 | | of public interest or importance beyond the issues in the | 18 | | case; (ii) the Department has an interest different from one | 19 | | or more of the parties; (iii) the expertise of the Department | 20 | | makes it better suited to articulate a particular point of | 21 | | view; or (iv) the representation of the Department's interest | 22 | | by existing parties is or may be inadequate and the Department | 23 | | will or may be bound by an order or judgment in the action. | 24 | | (2) The Department, as an intervenor, shall have all of | 25 | | the rights of an original party subject to the order of the | 26 | | administrative law judge. |
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| 1 | | (3) Upon such intervention, the Commission may award such | 2 | | relief as is authorized to be granted to a complainant under | 3 | | Section 8A-104. | 4 | | (C) Amendment.
| 5 | | (1) A complaint may be amended under oath by leave of
| 6 | | the presiding hearing officer, for good
cause shown,
upon | 7 | | timely written motion and reasonable notice to all | 8 | | interested parties
at any time prior to the
issuance of a | 9 | | recommended order pursuant to Section 8A-102(I) or
| 10 | | 8B-102(J). The amended complaint shall be
served upon all | 11 | | parties of record and the Department of Human Rights by | 12 | | the
complainant, or by the Department if it prepared and | 13 | | filed the amended
complaint,
within 7 days of the date of | 14 | | the order permitting its filing or such additional
time as | 15 | | the hearing officer may order. Amendments to the complaint | 16 | | may
encompass
any
unlawful discrimination which is like or | 17 | | reasonably related to the charge
and growing out of the | 18 | | allegations in such charge, including, but not
limited to, | 19 | | allegations of retaliation.
| 20 | | (2) A motion that the complaint be amended to conform | 21 | | to the evidence,
made prior to the close of the public | 22 | | hearing, may be addressed orally on
the record to the | 23 | | hearing officer, and shall be granted for good and | 24 | | sufficient
cause.
| 25 | | (D) Answer.
| 26 | | (1) The respondent shall file an answer under oath or |
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| 1 | | affirmation
to the original or amended complaint within 30 | 2 | | days of the date of service
thereof, but the hearing | 3 | | officer may, for good cause shown, grant further
time for | 4 | | the filing of an answer.
| 5 | | (2) When the respondent files a motion to dismiss the | 6 | | complaint within
30 days and the motion is denied by the | 7 | | hearing officer, the time for filing
the answer shall be | 8 | | within 15 days of the date of denial of the motion.
| 9 | | (3) Any allegation in the complaint which is not | 10 | | denied or admitted in
the answer is deemed admitted unless | 11 | | the respondent states in the answer
that he is without | 12 | | sufficient knowledge or information to form a belief
with | 13 | | respect to such allegation.
| 14 | | (4) The failure to file an answer is deemed to | 15 | | constitute an admission
of the allegations contained in | 16 | | the complaint.
| 17 | | (5) The respondent has the right to amend his answer, | 18 | | upon leave of the
hearing officer, for good cause shown.
| 19 | | (E) Proceedings In Forma Pauperis.
| 20 | | (1) If the hearing officer is
satisfied that the | 21 | | complainant or respondent is a poor person, and unable
to | 22 | | prosecute or defend the complaint and pay the costs and | 23 | | expenses
thereof, the hearing officer may permit the party | 24 | | to commence and prosecute
or defend the action as a poor | 25 | | person. Such party shall have all the
necessary subpoenas, | 26 | | appearances, and proceedings without prepayment of
witness |
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| 1 | | fees or charges. Witnesses shall attend as in other cases | 2 | | under
this Act and the same remedies shall be available | 3 | | for failure or refusal
to obey the subpoena as are | 4 | | provided for in Section 8-104 of this Act.
| 5 | | (2) A person desiring to proceed without payment of | 6 | | fees or charges
shall file with the hearing officer an | 7 | | affidavit stating that he is a poor
person and unable to | 8 | | pay costs, and that the action is meritorious.
| 9 | | (F) Discovery. The procedure for obtaining discovery of | 10 | | information from
parties and witnesses shall be specified by | 11 | | the Commission in rules. If no
rule has been promulgated by the | 12 | | Commission on a particular type of discovery,
the Code of | 13 | | Civil Procedure may be considered persuasive authority. The
| 14 | | types of discovery shall
be the same as in civil cases in the
| 15 | | circuit courts
of this State, provided, however, that a party | 16 | | may take discovery depositions
only upon leave of the hearing | 17 | | officer and for good cause shown.
| 18 | | (G) Hearing.
| 19 | | (1) Both the complainant and the respondent may appear | 20 | | at
the hearing and examine and cross-examine witnesses.
| 21 | | (2) The testimony taken at the hearing shall be under | 22 | | oath or affirmation
and a transcript shall be made and | 23 | | filed in the office of the Commission.
| 24 | | (3) The testimony taken at the hearing is subject to | 25 | | the same rules of
evidence that apply in courts of this | 26 | | State in civil cases.
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| 1 | | (H) Compelling Appearance of Parties at Hearing. The | 2 | | appearance at
the hearing of a party or a person who at the | 3 | | time of the hearing is an
officer, director, or employee of a | 4 | | party may be required by serving the
party with a notice | 5 | | designating the person who is required to appear. The
notice | 6 | | also may require the production at the hearing of documents or
| 7 | | tangible things. If the party or person is a nonresident of the | 8 | | county,
the hearing officer may order any terms and conditions | 9 | | in connection with
his appearance at the hearing that are | 10 | | just, including payment of his
reasonable expenses. Upon a | 11 | | failure to comply with the notice, the hearing
officer may | 12 | | enter any order that is just.
| 13 | | (I) Decision.
| 14 | | (1) When all the testimony has been
taken, the hearing
| 15 | | officer shall determine whether the respondent has engaged | 16 | | in or is engaging
in the civil rights violation with | 17 | | respect to the person aggrieved as charged
in the | 18 | | complaint. A determination sustaining a complaint shall be | 19 | | based
upon a preponderance of the evidence.
| 20 | | (2) The hearing officer shall make findings of fact in | 21 | | writing and, if
the finding is against the respondent, | 22 | | shall issue and cause to be served
on the parties and the | 23 | | Department a recommended order for appropriate relief
as | 24 | | provided by this Act.
| 25 | | (3) If, upon all the evidence, the hearing officer | 26 | | finds that a respondent
has not engaged in the |
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| 1 | | discriminatory practice charged in the complaint
or that a | 2 | | preponderance of the evidence does not sustain the | 3 | | complaint,
he shall state his findings of fact and shall | 4 | | issue and cause to be served
on the parties and the | 5 | | Department a recommended order dismissing the complaint.
| 6 | | (4) The findings and recommended order of the hearing | 7 | | officer shall be
filed
with the Commission. The findings | 8 | | and recommended order may
be authored by a hearing officer | 9 | | other than the hearing officer who
presides at the public | 10 | | hearing if:
| 11 | | (a) the hearing officer who presides at the public | 12 | | hearing is unable
to
author the findings and | 13 | | recommended order by reason of death, disability, or
| 14 | | separation from employment; and
| 15 | | (b) all parties to a complaint file a joint motion
| 16 | | agreeing to have
the findings and recommended order | 17 | | written by a hearing
officer
who did not preside at the | 18 | | public hearing.
| 19 | | (5) A recommended order dismissing a complaint may | 20 | | include an award of
reasonable attorneys fees in favor of | 21 | | the respondent against the complainant
or
the | 22 | | complainant's attorney, or both, if the hearing officer
| 23 | | concludes that the complaint was frivolous, unreasonable | 24 | | or groundless or
that the complainant continued to | 25 | | litigate after it became clearly so.
| 26 | | (6) The hearing officer may issue a recommended order |
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| 1 | | of dismissal with
prejudice or a recommended order of | 2 | | default as a sanction for the failure of a
party to | 3 | | prosecute his or her case, file a required pleading, | 4 | | appear at a
hearing, or otherwise comply with this Act, | 5 | | the rules of the Commission, or a
previous order of the | 6 | | hearing officer.
| 7 | | (Source: P.A. 92-472, eff. 1-1-02.)
| 8 | | (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| 9 | | Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) | 10 | | An
aggrieved party may commence a civil action in an | 11 | | appropriate Circuit
Court not later than 2 years after the | 12 | | occurrence or the termination of an
alleged civil rights | 13 | | violation or the breach of a conciliation or
settlement | 14 | | agreement entered into under this Act, whichever occurs last,
| 15 | | to obtain appropriate relief with respect to the alleged civil | 16 | | rights violation
or breach. Venue for such civil action shall | 17 | | be determined under Section 8-111(B)(6).
| 18 | | (2) The computation of such 2-year period shall not | 19 | | include any time
during which an administrative proceeding | 20 | | under this Act was pending with
respect to a complaint or | 21 | | charge under this Act based upon the alleged
civil rights | 22 | | violation. This paragraph does not apply to
actions arising | 23 | | from a breach of a conciliation or settlement agreement.
| 24 | | (3) An aggrieved party may commence a civil action under | 25 | | this
subsection whether or not a charge has been filed under |
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| 1 | | Section 7B-102 and
without regard to the status of any such | 2 | | charge, however, if the Department or
local agency has | 3 | | obtained a conciliation or settlement agreement with the
| 4 | | consent of an aggrieved party, no action may be filed under | 5 | | this subsection
by such aggrieved party with respect to the | 6 | | alleged civil rights violation
practice which forms the basis | 7 | | for such complaint except for the purpose of
enforcing the | 8 | | terms of such conciliation or settlement agreement.
| 9 | | (4) An aggrieved party shall not commence a civil action | 10 | | under this
subsection with respect to an alleged civil rights | 11 | | violation which
forms the basis of a complaint issued by the | 12 | | Department if a
hearing officer has commenced a hearing on the | 13 | | record under
Article 3 of this Act with respect to such | 14 | | complaint.
| 15 | | (B) Appointment of Attorney by Court. Upon application by | 16 | | a person
alleging a civil rights violation or a person against | 17 | | whom
the civil rights violation is alleged, if in the opinion | 18 | | of the court such
person is financially unable to bear the | 19 | | costs of such action, the court may:
| 20 | | (1) appoint an attorney for such person, any attorney so | 21 | | appointed may
petition for an award of attorneys fees pursuant | 22 | | to subsection (C)(2) of this Section; or
| 23 | | (2) authorize the commencement or continuation of a civil | 24 | | action under
subsection (A) without the payment of fees, | 25 | | costs, or security.
| 26 | | (C) Relief which may be granted. (1) In a civil action |
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| 1 | | under
subsection (A) if the court finds that a civil rights | 2 | | violation
has occurred or is about to occur, the court may | 3 | | award to the plaintiff
actual and punitive damages, and may | 4 | | grant as relief, as the court deems
appropriate, any permanent | 5 | | or preliminary injunction, temporary restraining
order, or | 6 | | other order, including an order enjoining the defendant from
| 7 | | engaging in such civil rights violation or ordering such | 8 | | affirmative action
as may be appropriate.
| 9 | | (2) In a civil action under subsection (A), the court, in | 10 | | its
discretion, may allow the prevailing party, other than the | 11 | | State of
Illinois, reasonable attorneys fees and costs.
The | 12 | | State of Illinois shall be liable for such fees and costs to | 13 | | the same
extent as a private person.
| 14 | | (D) Intervention By The Attorney General Department . If | 15 | | the Department certifies that the case is of general public | 16 | | importance, the The Attorney General of Illinois
may seek to | 17 | | intervene on behalf of the Department in a civil action filed | 18 | | by a complainant in State or federal court under this Section | 19 | | if the Department certifies that
the case is of general public | 20 | | importance . Upon such intervention , the court
may award any of | 21 | | the remedies set forth in Section 8B-104 and subsection (B) of | 22 | | Section 10-104 such relief as is authorized to be granted to a | 23 | | plaintiff in a
civil action under Section 10-102(C) .
| 24 | | (Source: P.A. 86-910.)
| 25 | | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
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| 1 | | Sec. 10-103. Circuit court actions pursuant to election. | 2 | | (A) If an
election is made under Section 8B-102, the | 3 | | Department shall authorize and
not later than 30 days after | 4 | | the entry of the administrative closure order by the | 5 | | Commission the Attorney General
shall commence and maintain a | 6 | | civil action on behalf of the aggrieved
party in a circuit | 7 | | court of Illinois seeking relief under this Section.
Venue for | 8 | | such civil action shall be determined under Section 8-111 (C) | 9 | | (B) (6).
| 10 | | (B) Any aggrieved party with respect to the issues to be | 11 | | determined in
a civil action under this Section may intervene | 12 | | as of right in that civil action.
| 13 | | (C) In a civil action under this Section, if the court | 14 | | finds that a
civil rights violation
has occurred or is about to | 15 | | occur the court may grant as relief any relief
which a court | 16 | | could grant with respect to such civil rights violation
in a | 17 | | civil action under Section 10-102. Any relief so granted that
| 18 | | would accrue to an aggrieved party in a civil action commenced | 19 | | by that
aggrieved party under Section 10-102 shall also accrue | 20 | | to that aggrieved
party in a civil action under this Section. | 21 | | If monetary relief is
sought for the benefit of an aggrieved | 22 | | party who does not intervene in the
civil action, the court | 23 | | shall not award such relief if that aggrieved
party has not | 24 | | complied with discovery orders entered by the court.
| 25 | | (Source: P.A. 101-530, eff. 1-1-20 .)
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| 1 | | (775 ILCS 5/10-105 new) | 2 | | Sec. 10-105. Intervention by the Attorney General. If the | 3 | | Department certifies that the case is of general public | 4 | | importance, the Attorney General may seek to intervene on | 5 | | behalf of the Department in a civil action filed by a | 6 | | complainant in State or federal court. Upon such intervention, | 7 | | the court or jury may award any of the remedies set forth in | 8 | | Section 8A-104 and subsection (B) of Section 10-104. ".
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