SB1561 EnrolledLRB102 17210 LNS 22668 b

1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-103, 2-105, 5A-101.1, 6-101, 7A-101,
67B-101, 7B-102, 8A-101, and 8B-101 and by adding Sections
73-102.10 and 6-101.5 as follows:
8    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
9    Sec. 1-103. General definitions. When used in this Act,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training
15or apprenticeship programs, for the purposes of Section 2-102,
16"age" means the chronological age of a person who is 18 but not
17yet 40 years old.
18    (B) Aggrieved party. "Aggrieved party" means a person who
19is alleged or proved to have been injured by a civil rights
20violation or believes he or she will be injured by a civil
21rights violation under Article 3 that is about to occur.
22    (B-5) Arrest record. "Arrest record" means:
23        (1) an arrest not leading to a conviction;



SB1561 Enrolled- 2 -LRB102 17210 LNS 22668 b

1        (2) a juvenile record; or
2        (3) criminal history record information ordered
3    expunged, sealed, or impounded under Section 5.2 of the
4    Criminal Identification Act.
5    (C) Charge. "Charge" means an allegation filed with the
6Department by an aggrieved party or initiated by the
7Department under its authority.
8    (D) Civil rights violation. "Civil rights violation"
9includes and shall be limited to only those specific acts set
10forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
113-102.10 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
125A-102, 6-101, 6-101.5, and 6-102 of this Act.
13    (E) Commission. "Commission" means the Human Rights
14Commission created by this Act.
15    (F) Complaint. "Complaint" means the formal pleading filed
16by the Department with the Commission following an
17investigation and finding of substantial evidence of a civil
18rights violation.
19    (G) Complainant. "Complainant" means a person including
20the Department who files a charge of civil rights violation
21with the Department or the Commission.
22    (H) Department. "Department" means the Department of Human
23Rights created by this Act.
24    (I) Disability. "Disability" means a determinable physical
25or mental characteristic of a person, including, but not
26limited to, a determinable physical characteristic which



SB1561 Enrolled- 3 -LRB102 17210 LNS 22668 b

1necessitates the person's use of a guide, hearing or support
2dog, the history of such characteristic, or the perception of
3such characteristic by the person complained against, which
4may result from disease, injury, congenital condition of birth
5or functional disorder and which characteristic:
6        (1) For purposes of Article 2, is unrelated to the
7    person's ability to perform the duties of a particular job
8    or position and, pursuant to Section 2-104 of this Act, a
9    person's illegal use of drugs or alcohol is not a
10    disability;
11        (2) For purposes of Article 3, is unrelated to the
12    person's ability to acquire, rent, or maintain a housing
13    accommodation;
14        (3) For purposes of Article 4, is unrelated to a
15    person's ability to repay;
16        (4) For purposes of Article 5, is unrelated to a
17    person's ability to utilize and benefit from a place of
18    public accommodation;
19        (5) For purposes of Article 5, also includes any
20    mental, psychological, or developmental disability,
21    including autism spectrum disorders.
22    (J) Marital status. "Marital status" means the legal
23status of being married, single, separated, divorced, or
25    (J-1) Military status. "Military status" means a person's
26status on active duty in or status as a veteran of the armed



SB1561 Enrolled- 4 -LRB102 17210 LNS 22668 b

1forces of the United States, status as a current member or
2veteran of any reserve component of the armed forces of the
3United States, including the United States Army Reserve,
4United States Marine Corps Reserve, United States Navy
5Reserve, United States Air Force Reserve, and United States
6Coast Guard Reserve, or status as a current member or veteran
7of the Illinois Army National Guard or Illinois Air National
9    (K) National origin. "National origin" means the place in
10which a person or one of his or her ancestors was born.
11    (K-5) "Order of protection status" means a person's status
12as being a person protected under an order of protection
13issued pursuant to the Illinois Domestic Violence Act of 1986,
14Article 112A of the Code of Criminal Procedure of 1963, the
15Stalking No Contact Order Act, or the Civil No Contact Order
16Act, or an order of protection issued by a court of another
18    (L) Person. "Person" includes one or more individuals,
19partnerships, associations or organizations, labor
20organizations, labor unions, joint apprenticeship committees,
21or union labor associations, corporations, the State of
22Illinois and its instrumentalities, political subdivisions,
23units of local government, legal representatives, trustees in
24bankruptcy or receivers.
25    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
26or medical or common conditions related to pregnancy or



SB1561 Enrolled- 5 -LRB102 17210 LNS 22668 b

2    (M) Public contract. "Public contract" includes every
3contract to which the State, any of its political
4subdivisions, or any municipal corporation is a party.
5    (N) Religion. "Religion" includes all aspects of religious
6observance and practice, as well as belief, except that with
7respect to employers, for the purposes of Article 2,
8"religion" has the meaning ascribed to it in paragraph (F) of
9Section 2-101.
10    (O) Sex. "Sex" means the status of being male or female.
11    (O-1) Sexual orientation. "Sexual orientation" means
12actual or perceived heterosexuality, homosexuality,
13bisexuality, or gender-related identity, whether or not
14traditionally associated with the person's designated sex at
15birth. "Sexual orientation" does not include a physical or
16sexual attraction to a minor by an adult.
17    (P) Unfavorable military discharge. "Unfavorable military
18discharge" includes discharges from the Armed Forces of the
19United States, their Reserve components, or any National Guard
20or Naval Militia which are classified as RE-3 or the
21equivalent thereof, but does not include those characterized
22as RE-4 or "Dishonorable".
23    (Q) Unlawful discrimination. "Unlawful discrimination"
24means discrimination against a person because of his or her
25actual or perceived: race, color, religion, national origin,
26ancestry, age, sex, marital status, order of protection



SB1561 Enrolled- 6 -LRB102 17210 LNS 22668 b

1status, disability, military status, sexual orientation,
2pregnancy, or unfavorable discharge from military service as
3those terms are defined in this Section.
4(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
5101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
6    (775 ILCS 5/2-105)  (from Ch. 68, par. 2-105)
7    Sec. 2-105. Equal Employment Opportunities; Affirmative
9    (A) Public Contracts. Every party to a public contract and
10every eligible bidder shall:
11        (1) Refrain from unlawful discrimination and
12    discrimination based on citizenship status in employment
13    and undertake affirmative action to assure equality of
14    employment opportunity and eliminate the effects of past
15    discrimination;
16        (2) Comply with the procedures and requirements of the
17    Department's regulations concerning equal employment
18    opportunities and affirmative action;
19        (3) Provide such information, with respect to its
20    employees and applicants for employment, and assistance as
21    the Department may reasonably request;
22        (4) Have written sexual harassment policies that shall
23    include, at a minimum, the following information: (i) the
24    illegality of sexual harassment; (ii) the definition of
25    sexual harassment under State law; (iii) a description of



SB1561 Enrolled- 7 -LRB102 17210 LNS 22668 b

1    sexual harassment, utilizing examples; (iv) the vendor's
2    internal complaint process including penalties; (v) the
3    legal recourse, investigative and complaint process
4    available through the Department and the Commission; (vi)
5    directions on how to contact the Department and
6    Commission; and (vii) protection against retaliation as
7    provided by Sections Section 6-101 and 6-101.5 of this
8    Act. A copy of the policies shall be provided to the
9    Department upon request. Additionally, each bidder who
10    submits a bid or offer for a State contract under the
11    Illinois Procurement Code shall have a written copy of the
12    bidder's sexual harassment policy as required under this
13    paragraph (4). A copy of the policy shall be provided to
14    the State agency entering into the contract upon request.
15    (B) State Agencies. Every State executive department,
16State agency, board, commission, and instrumentality shall:
17        (1) Comply with the procedures and requirements of the
18    Department's regulations concerning equal employment
19    opportunities and affirmative action;
20        (2) Provide such information and assistance as the
21    Department may request.
22        (3) Establish, maintain, and carry out a continuing
23    affirmative action plan consistent with this Act and the
24    regulations of the Department designed to promote equal
25    opportunity for all State residents in every aspect of
26    agency personnel policy and practice. For purposes of



SB1561 Enrolled- 8 -LRB102 17210 LNS 22668 b

1    these affirmative action plans, the race and national
2    origin categories to be included in the plans are:
3    American Indian or Alaska Native, Asian, Black or African
4    American, Hispanic or Latino, Native Hawaiian or Other
5    Pacific Islander.
6        This plan shall include a current detailed status
7    report:
8            (a) indicating, by each position in State service,
9        the number, percentage, and average salary of
10        individuals employed by race, national origin, sex and
11        disability, and any other category that the Department
12        may require by rule;
13            (b) identifying all positions in which the
14        percentage of the people employed by race, national
15        origin, sex and disability, and any other category
16        that the Department may require by rule, is less than
17        four-fifths of the percentage of each of those
18        components in the State work force;
19            (c) specifying the goals and methods for
20        increasing the percentage by race, national origin,
21        sex and disability, and any other category that the
22        Department may require by rule, in State positions;
23            (d) indicating progress and problems toward
24        meeting equal employment opportunity goals, including,
25        if applicable, but not limited to, Department of
26        Central Management Services recruitment efforts,



SB1561 Enrolled- 9 -LRB102 17210 LNS 22668 b

1        publicity, promotions, and use of options designating
2        positions by linguistic abilities;
3            (e) establishing a numerical hiring goal for the
4        employment of qualified persons with disabilities in
5        the agency as a whole, to be based on the proportion of
6        people with work disabilities in the Illinois labor
7        force as reflected in the most recent employment data
8        made available by the United States Census Bureau.
9        (4) If the agency has 1000 or more employees, appoint
10    a full-time Equal Employment Opportunity officer, subject
11    to the Department's approval, whose duties shall include:
12            (a) Advising the head of the particular State
13        agency with respect to the preparation of equal
14        employment opportunity programs, procedures,
15        regulations, reports, and the agency's affirmative
16        action plan.
17            (b) Evaluating in writing each fiscal year the
18        sufficiency of the total agency program for equal
19        employment opportunity and reporting thereon to the
20        head of the agency with recommendations as to any
21        improvement or correction in recruiting, hiring or
22        promotion needed, including remedial or disciplinary
23        action with respect to managerial or supervisory
24        employees who have failed to cooperate fully or who
25        are in violation of the program.
26            (c) Making changes in recruitment, training and



SB1561 Enrolled- 10 -LRB102 17210 LNS 22668 b

1        promotion programs and in hiring and promotion
2        procedures designed to eliminate discriminatory
3        practices when authorized.
4            (d) Evaluating tests, employment policies,
5        practices and qualifications and reporting to the head
6        of the agency and to the Department any policies,
7        practices and qualifications that have unequal impact
8        by race, national origin as required by Department
9        rule, sex or disability or any other category that the
10        Department may require by rule, and to assist in the
11        recruitment of people in underrepresented
12        classifications. This function shall be performed in
13        cooperation with the State Department of Central
14        Management Services.
15            (e) Making any aggrieved employee or applicant for
16        employment aware of his or her remedies under this
17        Act.
18            In any meeting, investigation, negotiation,
19        conference, or other proceeding between a State
20        employee and an Equal Employment Opportunity officer,
21        a State employee (1) who is not covered by a collective
22        bargaining agreement and (2) who is the complaining
23        party or the subject of such proceeding may be
24        accompanied, advised and represented by (1) an
25        attorney licensed to practice law in the State of
26        Illinois or (2) a representative of an employee



SB1561 Enrolled- 11 -LRB102 17210 LNS 22668 b

1        organization whose membership is composed of employees
2        of the State and of which the employee is a member. A
3        representative of an employee, other than an attorney,
4        may observe but may not actively participate, or
5        advise the State employee during the course of such
6        meeting, investigation, negotiation, conference or
7        other proceeding. Nothing in this Section shall be
8        construed to permit any person who is not licensed to
9        practice law in Illinois to deliver any legal services
10        or otherwise engage in any activities that would
11        constitute the unauthorized practice of law. Any
12        representative of an employee who is present with the
13        consent of the employee, shall not, during or after
14        termination of the relationship permitted by this
15        Section with the State employee, use or reveal any
16        information obtained during the course of the meeting,
17        investigation, negotiation, conference or other
18        proceeding without the consent of the complaining
19        party and any State employee who is the subject of the
20        proceeding and pursuant to rules and regulations
21        governing confidentiality of such information as
22        promulgated by the appropriate State agency.
23        Intentional or reckless disclosure of information in
24        violation of these confidentiality requirements shall
25        constitute a Class B misdemeanor.
26        (5) Establish, maintain and carry out a continuing



SB1561 Enrolled- 12 -LRB102 17210 LNS 22668 b

1    sexual harassment program that shall include the
2    following:
3            (a) Develop a written sexual harassment policy
4        that includes at a minimum the following information:
5        (i) the illegality of sexual harassment; (ii) the
6        definition of sexual harassment under State law; (iii)
7        a description of sexual harassment, utilizing
8        examples; (iv) the agency's internal complaint process
9        including penalties; (v) the legal recourse,
10        investigative and complaint process available through
11        the Department and the Commission; (vi) directions on
12        how to contact the Department and Commission; and
13        (vii) protection against retaliation as provided by
14        Section 6-101 of this Act. The policy shall be
15        reviewed annually.
16            (b) Post in a prominent and accessible location
17        and distribute in a manner to assure notice to all
18        agency employees without exception the agency's sexual
19        harassment policy. Such documents may meet, but shall
20        not exceed, the 6th grade literacy level. Distribution
21        shall be effectuated within 90 days of the effective
22        date of this amendatory Act of 1992 and shall occur
23        annually thereafter.
24            (c) Provide training on sexual harassment
25        prevention and the agency's sexual harassment policy
26        as a component of all ongoing or new employee training



SB1561 Enrolled- 13 -LRB102 17210 LNS 22668 b

1        programs.
2        (6) Notify the Department 30 days before effecting any
3    layoff. Once notice is given, the following shall occur:
4            (a) No layoff may be effective earlier than 10
5        working days after notice to the Department, unless an
6        emergency layoff situation exists.
7            (b) The State executive department, State agency,
8        board, commission, or instrumentality in which the
9        layoffs are to occur must notify each employee
10        targeted for layoff, the employee's union
11        representative (if applicable), and the State
12        Dislocated Worker Unit at the Department of Commerce
13        and Economic Opportunity.
14            (c) The State executive department, State agency,
15        board, commission, or instrumentality in which the
16        layoffs are to occur must conform to applicable
17        collective bargaining agreements.
18            (d) The State executive department, State agency,
19        board, commission, or instrumentality in which the
20        layoffs are to occur should notify each employee
21        targeted for layoff that transitional assistance may
22        be available to him or her under the Economic
23        Dislocation and Worker Adjustment Assistance Act
24        administered by the Department of Commerce and
25        Economic Opportunity. Failure to give such notice
26        shall not invalidate the layoff or postpone its



SB1561 Enrolled- 14 -LRB102 17210 LNS 22668 b

1        effective date.
2     As used in this subsection (B), "disability" shall be
3defined in rules promulgated under the Illinois Administrative
4Procedure Act.
5    (C) Civil Rights Violations. It is a civil rights
6violation for any public contractor or eligible bidder to:
7        (1) fail to comply with the public contractor's or
8    eligible bidder's duty to refrain from unlawful
9    discrimination and discrimination based on citizenship
10    status in employment under subsection (A)(1) of this
11    Section; or
12        (2) fail to comply with the public contractor's or
13    eligible bidder's duties of affirmative action under
14    subsection (A) of this Section, provided however, that the
15    Department has notified the public contractor or eligible
16    bidder in writing by certified mail that the public
17    contractor or eligible bidder may not be in compliance
18    with affirmative action requirements of subsection (A). A
19    minimum of 60 days to comply with the requirements shall
20    be afforded to the public contractor or eligible bidder
21    before the Department may issue formal notice of
22    non-compliance.
23    (D) As used in this Section:
24        (1) "American Indian or Alaska Native" means a person
25    having origins in any of the original peoples of North and
26    South America, including Central America, and who



SB1561 Enrolled- 15 -LRB102 17210 LNS 22668 b

1    maintains tribal affiliation or community attachment.
2        (2) "Asian" means a person having origins in any of
3    the original peoples of the Far East, Southeast Asia, or
4    the Indian subcontinent, including, but not limited to,
5    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
6    the Philippine Islands, Thailand, and Vietnam.
7        (3) "Black or African American" means a person having
8    origins in any of the black racial groups of Africa. Terms
9    such as "Haitian" or "Negro" can be used in addition to
10    "Black or African American".
11        (4) "Hispanic or Latino" means a person of Cuban,
12    Mexican, Puerto Rican, South or Central American, or other
13    Spanish culture or origin, regardless of race.
14        (5) "Native Hawaiian or Other Pacific Islander" means
15    a person having origins in any of the original peoples of
16    Hawaii, Guam, Samoa, or other Pacific Islands.
17(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19.)
18    (775 ILCS 5/3-102.10 new)
19    Sec. 3-102.10. Third-party loan modification service
21    (A) It is a civil rights violation for a third-party loan
22modification service provider, because of unlawful
23discrimination, familial status, or an arrest record, to:
24        (1) refuse to engage in loan modification services;
25        (2) alter the terms, conditions, or privileges of such



SB1561 Enrolled- 16 -LRB102 17210 LNS 22668 b

1    services; or
2        (3) discriminate in making such services available,
3    including, but not limited to, by making a statement,
4    advertisement, representation, inquiry, listing, offer, or
5    solicitation that indicates a preference or the intention
6    to make such a preference in making such services
7    available.
8    (B) For purposes of this Section, "third-party loan
9modification service provider" means a person or entity,
10whether licensed or not, who, for or with the expectation of
11receiving consideration, provides assistance or services to a
12loan borrower to obtain a modification to a term of an existing
13real estate loan or to obtain foreclosure relief. "Third-party
14loan modification service provider" does not include lenders,
15brokers or appraisers of mortgage loans, or the servicers,
16subsidiaries, affiliates, or agents of the lender.
17    (775 ILCS 5/5A-101.1)
18    Sec. 5A-101.1. Notice.
19    (A) Every institution of higher education covered by this
20Act shall post in a prominent and accessible location a poster
21stating sexual harassment laws and policies. The poster shall
22be (i) posted and kept posted at each campus in common area
23positions easily accessible to all students including, but not
24limited to residence halls, administration buildings, student
25unions, cafeterias, and libraries or (ii) posted annually at



SB1561 Enrolled- 17 -LRB102 17210 LNS 22668 b

1each campus in common area positions easily accessible to all
2students including, but not limited to, residence halls,
3administration buildings, student unions, cafeterias, and
4libraries, with an electronic copy of the sexual harassment
5laws and policies also sent to each student at the time that
6registration materials are emailed or (iii) on campuses that
7provide for online registration of student classes, such
8information pertaining to sexual harassment laws and policies
9may be incorporated into the registration process so that
10students must review the policies and laws and acknowledge
11such review, prior to being allowed to register. Documents to
12be posted shall be retrieved from the Illinois Department of
13Human Rights website to satisfy posting requirements. Posting
14of the posters shall be effectuated within 90 days of the
15effective date of this amendatory Act of the 96th General
16Assembly and shall occur annually thereafter.
17    (B) The posted sexual harassment poster shall include, at
18a minimum, the following information: (i) the illegality of
19sexual harassment in higher education; (ii) the definition of
20sexual harassment under State law; (iii) a description of
21sexual harassment, utilizing examples; (iv) the institution's
22internal complaint process including penalties; (v) the legal
23recourse, investigative and complaint process available
24through the Department of Human Rights; (vi) directions on how
25to contact the Department; and (vii) protection against
26retaliation as provided by Sections Section 6-101 and 6-101.5



SB1561 Enrolled- 18 -LRB102 17210 LNS 22668 b

1of this Act.
2    (C) Upon notification of a failure to post, the Department
3of Human Rights may launch a preliminary investigation. If the
4Department finds a failure to post, the Department may issue a
5notice to show cause giving the institution 30 days to correct
6the failure to post. If the failure to post is not corrected,
7the Department may initiate a charge of a civil rights
9(Source: P.A. 96-574, eff. 8-18-09.)
10    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
11    Sec. 6-101. Additional civil rights violations under
12Articles 2, 4, 5, and 5A Additional Civil Rights Violations.
13It is a civil rights violation for a person, or for 2 two or
14more persons, to conspire, to:
15        (A) Retaliation. Retaliate against a person because he
16    or she has opposed that which he or she reasonably and in
17    good faith believes to be unlawful discrimination, sexual
18    harassment in employment, or sexual harassment in
19    elementary, secondary, and higher education, or
20    discrimination based on arrest record or citizenship
21    status in employment under Articles 2, 4, 5, and 5A,
22    because he or she has made a charge, filed a complaint,
23    testified, assisted, or participated in an investigation,
24    proceeding, or hearing under this Act, or because he or
25    she has requested, attempted to request, used, or



SB1561 Enrolled- 19 -LRB102 17210 LNS 22668 b

1    attempted to use a reasonable accommodation as allowed by
2    this Act;
3        (B) Aiding and Abetting; Coercion. Aid, abet, compel
4    or coerce a person to commit any violation of this Act;
5        (C) Interference. Wilfully interfere with the
6    performance of a duty or the exercise of a power by the
7    Commission or one of its members or representatives or the
8    Department or one of its officers or employees.
9    Definitions. For the purposes of this Section, "sexual
10harassment" and "citizenship status" shall have the same
11meaning as defined in Section 2-101 of this Act.
12(Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15.)
13    (775 ILCS 5/6-101.5 new)
14    Sec. 6-101.5. Additional civil rights violations under
15Article 3. It is a civil rights violation for a person, or for
162 or more persons, to conspire, to:
17    (A) retaliate against a person because the person has
18opposed that which he or she reasonably and in good faith
19believes to be unlawful discrimination or discrimination based
20on familial status or arrest record in a real estate
21transaction under Article 3, because the person has made a
22charge, filed a complaint, testified, assisted, or
23participated in an investigation, proceeding, or hearing under
24this Act, or because the person has requested, attempted to
25request, used, or attempted to use a reasonable accommodation



SB1561 Enrolled- 20 -LRB102 17210 LNS 22668 b

1as allowed by this Act;
2    (B) aid, abet, compel, or coerce a person to commit any
3violation of this Act; or
4    (C) willfully interfere with the performance of a duty or
5the exercise of a power by the Commission or one of its members
6or representatives or the Department or one of its officers or
8    For the purposes of this Section, "familial status" has
9the same meaning as defined in Section 3-101.
10    (775 ILCS 5/7A-101)  (from Ch. 68, par. 7A-101)
11    Sec. 7A-101. The procedures specified in this Article
12shall apply solely to Articles 2, 4, 5, and 5A and Sections
136-101 and 6-102 of Article 6.
14(Source: P.A. 86-910.)
15    (775 ILCS 5/7B-101)  (from Ch. 68, par. 7B-101)
16    Sec. 7B-101. The procedures specified in this Article
17shall apply solely to Article 3 and Section 6-101.5 of Article
19(Source: P.A. 86-910.)
20    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
21    Sec. 7B-102. Procedures.
22    (A) Charge.
23        (1) Within one year after the date that a civil rights



SB1561 Enrolled- 21 -LRB102 17210 LNS 22668 b

1    violation allegedly has been committed or terminated, a
2    charge in writing under oath or affirmation may be filed
3    with the Department by an aggrieved party or issued by the
4    Department itself under the signature of the Director.
5        (2) The charge shall be in such detail as to
6    substantially apprise any party properly concerned as to
7    the time, place, and facts surrounding the alleged civil
8    rights violation.
9    (B) Notice and Response to Charge.
10        (1) The Department shall serve notice upon the
11    aggrieved party acknowledging such charge and advising the
12    aggrieved party of the time limits and choice of forums
13    provided under this Act. The Department shall, within 10
14    days of the date on which the charge was filed or the
15    identification of an additional respondent under paragraph
16    (2) of this subsection, serve on the respondent a copy of
17    the charge along with a notice identifying the alleged
18    civil rights violation and advising the respondent of the
19    procedural rights and obligations of respondents under
20    this Act and may require the respondent to file a response
21    to the allegations contained in the charge. Upon the
22    Department's request, the respondent shall file a response
23    to the charge within 30 days and shall serve a copy of its
24    response on the complainant or his or her representative.
25    Notwithstanding any request from the Department, the
26    respondent may elect to file a response to the charge



SB1561 Enrolled- 22 -LRB102 17210 LNS 22668 b

1    within 30 days of receipt of notice of the charge,
2    provided the respondent serves a copy of its response on
3    the complainant or his or her representative. All
4    allegations contained in the charge not denied by the
5    respondent within 30 days after the Department's request
6    for a response may be deemed admitted, unless the
7    respondent states that it is without sufficient
8    information to form a belief with respect to such
9    allegation. The Department may issue a notice of default
10    directed to any respondent who fails to file a response to
11    a charge within 30 days of the Department's request,
12    unless the respondent can demonstrate good cause as to why
13    such notice should not issue. The term "good cause" shall
14    be defined by rule promulgated by the Department. Within
15    10 days of the date he or she receives the respondent's
16    response, the complainant may file his or her reply to
17    said response. If he or she chooses to file a reply, the
18    complainant shall serve a copy of said reply on the
19    respondent or his or her representative. A party may
20    supplement his or her response or reply at any time that
21    the investigation of the charge is pending.
22        (2) A person who is not named as a respondent in a
23    charge, but who is identified as a respondent in the
24    course of investigation, may be joined as an additional or
25    substitute respondent upon written notice, under
26    subsection (B), to such person, from the Department. Such



SB1561 Enrolled- 23 -LRB102 17210 LNS 22668 b

1    notice, in addition to meeting the requirements of
2    subsections (A) and (B), shall explain the basis for the
3    Department's belief that a person to whom the notice is
4    addressed is properly joined as a respondent.
5    (C) Investigation.
6        (1) The Department shall conduct a full investigation
7    of the allegations set forth in the charge and complete
8    such investigation within 100 days after the filing of the
9    charge, unless it is impracticable to do so. The
10    Department's failure to complete the investigation within
11    100 days after the proper filing of the charge does not
12    deprive the Department of jurisdiction over the charge.
13        (2) If the Department is unable to complete the
14    investigation within 100 days after the charge is filed,
15    the Department shall notify the complainant and respondent
16    in writing of the reasons for not doing so. The failure of
17    the Department to notify the complainant or respondent in
18    writing of the reasons for not doing so shall not deprive
19    the Department of jurisdiction over the charge.
20        (3) The Director or his or her designated
21    representative shall have authority to request any member
22    of the Commission to issue subpoenas to compel the
23    attendance of a witness or the production for examination
24    of any books, records or documents whatsoever.
25        (4) If any witness whose testimony is required for any
26    investigation resides outside the State, or through



SB1561 Enrolled- 24 -LRB102 17210 LNS 22668 b

1    illness or any other good cause as determined by the
2    Director is unable to be interviewed by the investigator
3    or appear at a fact finding conference, his or her
4    testimony or deposition may be taken, within or without
5    the State, in the same manner as provided for in the taking
6    of depositions in civil cases in circuit courts.
7        (5) Upon reasonable notice to the complainant and the
8    respondent, the Department may conduct a fact finding
9    conference. When requested by the Department, a party's
10    failure to attend the conference without good cause may
11    result in dismissal or default. A notice of dismissal or
12    default shall be issued by the Director and shall notify
13    the relevant party that a request for review may be filed
14    in writing with the Commission within 30 days of receipt
15    of notice of dismissal or default.
16    (D) Report.
17        (1) Each charge investigated under subsection (C)
18    shall be the subject of a report to the Director. The
19    report shall be a confidential document subject to review
20    by the Director, authorized Department employees, the
21    parties, and, where indicated by this Act, members of the
22    Commission or their designated hearing officers.
23            The report shall contain:
24            (a) the names and dates of contacts with
25        witnesses;
26            (b) a summary and the date of correspondence and



SB1561 Enrolled- 25 -LRB102 17210 LNS 22668 b

1        other contacts with the aggrieved party and the
2        respondent;
3            (c) a summary description of other pertinent
4        records;
5            (d) a summary of witness statements; and
6            (e) answers to questionnaires.
7        A final report under this paragraph may be amended if
8    additional evidence is later discovered.
9        (2) Upon review of the report and within 100 days of
10    the filing of the charge, unless it is impracticable to do
11    so, the Director shall determine whether there is
12    substantial evidence that the alleged civil rights
13    violation has been committed or is about to be committed.
14    If the Director is unable to make the determination within
15    100 days after the filing of the charge, the Director
16    shall notify the complainant and respondent in writing of
17    the reasons for not doing so. The Director's failure to
18    make the determination within 100 days after the proper
19    filing of the charge does not deprive the Department of
20    jurisdiction over the charge.
21            (a) If the Director determines that there is no
22        substantial evidence, the charge shall be dismissed
23        and the aggrieved party notified that he or she may
24        seek review of the dismissal order before the
25        Commission. The aggrieved party shall have 90 days
26        from receipt of notice to file a request for review by



SB1561 Enrolled- 26 -LRB102 17210 LNS 22668 b

1        the Commission. The Director shall make public
2        disclosure of each such dismissal.
3            (b) If the Director determines that there is
4        substantial evidence, he or she shall immediately
5        issue a complaint on behalf of the aggrieved party
6        pursuant to subsection (F).
7    (E) Conciliation.
8        (1) During the period beginning with the filing of
9    charge and ending with the filing of a complaint or a
10    dismissal by the Department, the Department shall, to the
11    extent feasible, engage in conciliation with respect to
12    such charge.
13        When the Department determines that a formal
14    conciliation conference is feasible, the aggrieved party
15    and respondent shall be notified of the time and place of
16    the conference by registered or certified mail at least 7
17    days prior thereto and either or both parties shall appear
18    at the conference in person or by attorney.
19        (2) The place fixed for the conference shall be within
20    35 miles of the place where the civil rights violation is
21    alleged to have been committed.
22        (3) Nothing occurring at the conference shall be made
23    public or used as evidence in a subsequent proceeding for
24    the purpose of proving a violation under this Act unless
25    the complainant and respondent agree in writing that such
26    disclosure be made.



SB1561 Enrolled- 27 -LRB102 17210 LNS 22668 b

1        (4) A conciliation agreement arising out of such
2    conciliation shall be an agreement between the respondent
3    and the complainant, and shall be subject to approval by
4    the Department and Commission.
5        (5) A conciliation agreement may provide for binding
6    arbitration of the dispute arising from the charge. Any
7    such arbitration that results from a conciliation
8    agreement may award appropriate relief, including monetary
9    relief.
10        (6) Each conciliation agreement shall be made public
11    unless the complainant and respondent otherwise agree and
12    the Department determines that disclosure is not required
13    to further the purpose of this Act.
14    (F) Complaint.
15        (1) When there is a failure to settle or adjust any
16    charge through a conciliation conference and the charge is
17    not dismissed, the Department shall prepare a written
18    complaint, under oath or affirmation, stating the nature
19    of the civil rights violation and the relief sought on
20    behalf of the aggrieved party. Such complaint shall be
21    based on the final investigation report and need not be
22    limited to the facts or grounds alleged in the charge
23    filed under subsection (A).
24        (2) The complaint shall be filed with the Commission.
25        (3) The Department may not issue a complaint under
26    this Section regarding an alleged civil rights violation



SB1561 Enrolled- 28 -LRB102 17210 LNS 22668 b

1    after the beginning of the trial of a civil action
2    commenced by the aggrieved party under any State or
3    federal law, seeking relief with respect to that alleged
4    civil rights violation.
5    (G) Time Limit.
6        (1) When a charge of a civil rights violation has been
7    properly filed, the Department, within 100 days thereof,
8    unless it is impracticable to do so, shall either issue
9    and file a complaint in the manner and form set forth in
10    this Section or shall order that no complaint be issued.
11    Any such order shall be duly served upon both the
12    aggrieved party and the respondent. The Department's
13    failure to either issue and file a complaint or order that
14    no complaint be issued within 100 days after the proper
15    filing of the charge does not deprive the Department of
16    jurisdiction over the charge.
17        (2) The Director shall make available to the aggrieved
18    party and the respondent, at any time, upon request
19    following completion of the Department's investigation,
20    information derived from an investigation and any final
21    investigative report relating to that investigation.
22    (H) This amendatory Act of 1995 applies to causes of
23action filed on or after January 1, 1996.
24    (I) The changes made to this Section by Public Act 95-243
25apply to charges filed on or after the effective date of those



SB1561 Enrolled- 29 -LRB102 17210 LNS 22668 b

1    (J) The changes made to this Section by this amendatory
2Act of the 96th General Assembly apply to charges filed on or
3after the effective date of those changes.
4(Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18;
5101-530, eff. 1-1-20.)
6    (775 ILCS 5/8A-101)  (from Ch. 68, par. 8A-101)
7    Sec. 8A-101. This Article shall apply solely to Articles
82, 4, 5, and 5A and Sections 6-101 and 6-102 of Article 6.
9(Source: P.A. 86-910.)
10    (775 ILCS 5/8B-101)  (from Ch. 68, par. 8B-101)
11    Sec. 8B-101. Applicability. The procedures and relief
12specified in this Article shall apply solely to complaints
13filed with the Human Rights Commission under Article 3 and
14Section 6-101.5 of Article 6.
15(Source: P.A. 86-910.)