Full Text of SB3310 103rd General Assembly
SB3310sam001 103RD GENERAL ASSEMBLY | Sen. Mike Simmons Filed: 3/20/2024 | | 10300SB3310sam001 | | LRB103 37330 JRC 70993 a |
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| 1 | | AMENDMENT TO SENATE BILL 3310
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3310 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 7A-102 as follows: | 6 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102) | 7 | | Sec. 7A-102. Procedures. | 8 | | (A) Charge. | 9 | | (1) Within 3 years 300 calendar days after the date | 10 | | that a civil rights violation allegedly has been | 11 | | committed, a charge in writing under oath or affirmation | 12 | | may be filed with the Department by an aggrieved party or | 13 | | issued by the Department itself under the signature of the | 14 | | Director. | 15 | | (2) The charge shall be in such detail as to | 16 | | substantially apprise any party properly concerned as to |
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| 1 | | the time, place, and facts surrounding the alleged civil | 2 | | rights violation. | 3 | | (3) Charges deemed filed with the Department pursuant | 4 | | to subsection (A-1) of this Section shall be deemed to be | 5 | | in compliance with this subsection. | 6 | | (A-1) Equal Employment Opportunity Commission Charges. | 7 | | (1) If a charge is filed with the Equal Employment | 8 | | Opportunity Commission (EEOC) within 300 calendar days | 9 | | after the date of the alleged civil rights violation, the | 10 | | charge shall be deemed filed with the Department on the | 11 | | date filed with the EEOC. If the EEOC is the governmental | 12 | | agency designated to investigate the charge first, the | 13 | | Department shall take no action until the EEOC makes a | 14 | | determination on the charge and after the complainant | 15 | | notifies the Department of the EEOC's determination. In | 16 | | such cases, after receiving notice from the EEOC that a | 17 | | charge was filed, the Department shall notify the parties | 18 | | that (i) a charge has been received by the EEOC and has | 19 | | been sent to the Department for dual filing purposes; (ii) | 20 | | the EEOC is the governmental agency responsible for | 21 | | investigating the charge and that the investigation shall | 22 | | be conducted pursuant to the rules and procedures adopted | 23 | | by the EEOC; (iii) it will take no action on the charge | 24 | | until the EEOC issues its determination; (iv) the | 25 | | complainant must submit a copy of the EEOC's determination | 26 | | within 30 days after service of the determination by the |
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| 1 | | EEOC on the complainant; and (v) that the time period to | 2 | | investigate the charge contained in subsection (G) of this | 3 | | Section is tolled from the date on which the charge is | 4 | | filed with the EEOC until the EEOC issues its | 5 | | determination. | 6 | | (2) If the EEOC finds reasonable cause to believe that | 7 | | there has been a violation of federal law and if the | 8 | | Department is timely notified of the EEOC's findings by | 9 | | the complainant, the Department shall notify the | 10 | | complainant that the Department has adopted the EEOC's | 11 | | determination of reasonable cause and that the complainant | 12 | | has the right, within 90 days after receipt of the | 13 | | Department's notice, to either file the complainant's own | 14 | | complaint with the Illinois Human Rights Commission or | 15 | | commence a civil action in the appropriate circuit court | 16 | | or other appropriate court of competent jurisdiction. This | 17 | | notice shall be provided to the complainant within 10 | 18 | | business days after the Department's receipt of the EEOC's | 19 | | determination. The Department's notice to the complainant | 20 | | that the Department has adopted the EEOC's determination | 21 | | of reasonable cause shall constitute the Department's | 22 | | Report for purposes of subparagraph (D) of this Section. | 23 | | (3) For those charges alleging violations within the | 24 | | jurisdiction of both the EEOC and the Department and for | 25 | | which the EEOC either (i) does not issue a determination, | 26 | | but does issue the complainant a notice of a right to sue, |
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| 1 | | including when the right to sue is issued at the request of | 2 | | the complainant, or (ii) determines that it is unable to | 3 | | establish that illegal discrimination has occurred and | 4 | | issues the complainant a right to sue notice, and if the | 5 | | Department is timely notified of the EEOC's determination | 6 | | by the complainant, the Department shall notify the | 7 | | parties, within 10 business days after receipt of the | 8 | | EEOC's determination, that the Department will adopt the | 9 | | EEOC's determination as a dismissal for lack of | 10 | | substantial evidence unless the complainant requests in | 11 | | writing within 35 days after receipt of the Department's | 12 | | notice that the Department review the EEOC's | 13 | | determination. | 14 | | (a) If the complainant does not file a written | 15 | | request with the Department to review the EEOC's | 16 | | determination within 35 days after receipt of the | 17 | | Department's notice, the Department shall notify the | 18 | | complainant, within 10 business days after the | 19 | | expiration of the 35-day period, that the decision of | 20 | | the EEOC has been adopted by the Department as a | 21 | | dismissal for lack of substantial evidence and that | 22 | | the complainant has the right, within 90 days after | 23 | | receipt of the Department's notice, to commence a | 24 | | civil action in the appropriate circuit court or other | 25 | | appropriate court of competent jurisdiction. The | 26 | | Department's notice to the complainant that the |
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| 1 | | Department has adopted the EEOC's determination shall | 2 | | constitute the Department's report for purposes of | 3 | | subparagraph (D) of this Section. | 4 | | (b) If the complainant does file a written request | 5 | | with the Department to review the EEOC's | 6 | | determination, the Department shall review the EEOC's | 7 | | determination and any evidence obtained by the EEOC | 8 | | during its investigation. If, after reviewing the | 9 | | EEOC's determination and any evidence obtained by the | 10 | | EEOC, the Department determines there is no need for | 11 | | further investigation of the charge, the Department | 12 | | shall issue a report and the Director shall determine | 13 | | whether there is substantial evidence that the alleged | 14 | | civil rights violation has been committed pursuant to | 15 | | subsection (D) of this Section. If, after reviewing | 16 | | the EEOC's determination and any evidence obtained by | 17 | | the EEOC, the Department determines there is a need | 18 | | for further investigation of the charge, the | 19 | | Department may conduct any further investigation it | 20 | | deems necessary. After reviewing the EEOC's | 21 | | determination, the evidence obtained by the EEOC, and | 22 | | any additional investigation conducted by the | 23 | | Department, the Department shall issue a report and | 24 | | the Director shall determine whether there is | 25 | | substantial evidence that the alleged civil rights | 26 | | violation has been committed pursuant to subsection |
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| 1 | | (D) of this Section. | 2 | | (4) Pursuant to this Section, if the EEOC dismisses | 3 | | the charge or a portion of the charge of discrimination | 4 | | because, under federal law, the EEOC lacks jurisdiction | 5 | | over the charge, and if, under this Act, the Department | 6 | | has jurisdiction over the charge of discrimination, the | 7 | | Department shall investigate the charge or portion of the | 8 | | charge dismissed by the EEOC for lack of jurisdiction | 9 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 10 | | (E), (F), (G), (H), (I), (J), and (K) of this Section. | 11 | | (5) The time limit set out in subsection (G) of this | 12 | | Section is tolled from the date on which the charge is | 13 | | filed with the EEOC to the date on which the EEOC issues | 14 | | its determination. | 15 | | (6) The failure of the Department to meet the | 16 | | 10-business-day notification deadlines set out in | 17 | | paragraph (2) of this subsection shall not impair the | 18 | | rights of any party. | 19 | | (B) Notice and Response to Charge. The Department shall, | 20 | | within 10 days of the date on which the charge was filed, serve | 21 | | a copy of the charge on the respondent and provide all parties | 22 | | with a notice of the complainant's right to opt out of the | 23 | | investigation within 60 days as set forth in subsection (C-1). | 24 | | This period shall not be construed to be jurisdictional. The | 25 | | charging party and the respondent may each file a position | 26 | | statement and other materials with the Department regarding |
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| 1 | | the charge of alleged discrimination within 60 days of receipt | 2 | | of the notice of the charge. The position statements and other | 3 | | materials filed shall remain confidential unless otherwise | 4 | | agreed to by the party providing the information and shall not | 5 | | be served on or made available to the other party during the | 6 | | pendency of a charge with the Department. The Department may | 7 | | require the respondent to file a response to the allegations | 8 | | contained in the charge. Upon the Department's request, the | 9 | | respondent shall file a response to the charge within 60 days | 10 | | and shall serve a copy of its response on the complainant or | 11 | | the complainant's representative. Notwithstanding any request | 12 | | from the Department, the respondent may elect to file a | 13 | | response to the charge within 60 days of receipt of notice of | 14 | | the charge, provided the respondent serves a copy of its | 15 | | response on the complainant or the complainant's | 16 | | representative. All allegations contained in the charge not | 17 | | denied by the respondent within 60 days of the Department's | 18 | | request for a response may be deemed admitted, unless the | 19 | | respondent states that it is without sufficient information to | 20 | | form a belief with respect to such allegation. The Department | 21 | | may issue a notice of default directed to any respondent who | 22 | | fails to file a response to a charge within 60 days of receipt | 23 | | of the Department's request, unless the respondent can | 24 | | demonstrate good cause as to why such notice should not issue. | 25 | | The term "good cause" shall be defined by rule promulgated by | 26 | | the Department. Within 30 days of receipt of the respondent's |
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| 1 | | response, the complainant may file a reply to said response | 2 | | and shall serve a copy of said reply on the respondent or the | 3 | | respondent's representative. A party shall have the right to | 4 | | supplement the party's response or reply at any time that the | 5 | | investigation of the charge is pending. The Department shall, | 6 | | within 10 days of the date on which the charge was filed, and | 7 | | again no later than 335 days thereafter, send by certified or | 8 | | registered mail, or electronic mail if elected by the party, | 9 | | written notice to the complainant and to the respondent | 10 | | informing the complainant of the complainant's rights to | 11 | | either file a complaint with the Human Rights Commission or | 12 | | commence a civil action in the appropriate circuit court under | 13 | | subparagraph (2) of paragraph (G), including in such notice | 14 | | the dates within which the complainant may exercise these | 15 | | rights. In the notice the Department shall notify the | 16 | | complainant that the charge of civil rights violation will be | 17 | | dismissed with prejudice and with no right to further proceed | 18 | | if a written complaint is not timely filed with the Commission | 19 | | or with the appropriate circuit court by the complainant | 20 | | pursuant to subparagraph (2) of paragraph (G) or by the | 21 | | Department pursuant to subparagraph (1) of paragraph (G). | 22 | | (B-1) Mediation. The complainant and respondent may agree | 23 | | to voluntarily submit the charge to mediation without waiving | 24 | | any rights that are otherwise available to either party | 25 | | pursuant to this Act and without incurring any obligation to | 26 | | accept the result of the mediation process. Nothing occurring |
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| 1 | | in mediation shall be disclosed by the Department or | 2 | | admissible in evidence in any subsequent proceeding unless the | 3 | | complainant and the respondent agree in writing that such | 4 | | disclosure be made. | 5 | | (C) Investigation. | 6 | | (1) The Department shall conduct an investigation | 7 | | sufficient to determine whether the allegations set forth | 8 | | in the charge are supported by substantial evidence unless | 9 | | the complainant elects to opt out of an investigation | 10 | | pursuant to subsection (C-1). | 11 | | (2) The Director or the Director's 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 | 20 | | or appear at a fact finding conference, the witness' | 21 | | testimony or deposition may be taken, within or without | 22 | | the State, in the same manner as is provided for in the | 23 | | taking of 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 | 12 | | for review may be filed in writing with the Commission | 13 | | within 30 days of receipt of notice of default. The notice | 14 | | of dismissal issued by the Director shall give the | 15 | | complainant notice of the complainant's right to seek | 16 | | review of the dismissal before the Human Rights Commission | 17 | | or commence a civil action in the appropriate circuit | 18 | | court. If the complainant chooses to have the Human Rights | 19 | | Commission review the dismissal order, the complainant | 20 | | shall file a request for review with the Commission within | 21 | | 90 days after receipt of the Director's notice. If the | 22 | | complainant chooses to file a request for review with the | 23 | | Commission, the complainant may not later commence a civil | 24 | | action in a circuit court. If the complainant chooses to | 25 | | commence a civil action in a circuit court, the | 26 | | complainant must do so within 90 days after receipt of the |
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| 1 | | Director's notice. | 2 | | (C-1) Opt out of Department's investigation. At any time | 3 | | within 60 days after receipt of notice of the right to opt out, | 4 | | a complainant may submit a written request seeking notice from | 5 | | the Director indicating that the complainant has opted out of | 6 | | the investigation and may commence a civil action in the | 7 | | appropriate circuit court or other appropriate court of | 8 | | competent jurisdiction. Within 10 business days of receipt of | 9 | | the complainant's request to opt out of the investigation, the | 10 | | Director shall issue a notice to the parties stating that: (i) | 11 | | the complainant has exercised the right to opt out of the | 12 | | investigation; (ii) the complainant has 90 days after receipt | 13 | | of the Director's notice to commence an action in the | 14 | | appropriate circuit court or other appropriate court of | 15 | | competent jurisdiction; and (iii) the Department has ceased | 16 | | its investigation and is administratively closing the charge. | 17 | | The complainant shall notify the Department that a complaint | 18 | | has been filed with the appropriate circuit court by serving a | 19 | | copy of the complaint on the chief legal counsel of the | 20 | | Department within 21 days from the date that the complaint is | 21 | | filed with the appropriate circuit court. This 21-day period | 22 | | for service on the chief legal counsel shall not be construed | 23 | | to be jurisdictional. Once a complainant has opted out of the | 24 | | investigation under this subsection, the complainant may not | 25 | | file or refile a substantially similar charge with the | 26 | | Department arising from the same incident of unlawful |
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| 1 | | discrimination or harassment. | 2 | | (D) Report. | 3 | | (1) Each charge investigated under subsection (C) | 4 | | shall be the subject of a report to the Director. The | 5 | | report shall be a confidential document subject to review | 6 | | by the Director, authorized Department employees, the | 7 | | parties, and, where indicated by this Act, members of the | 8 | | Commission or their designated hearing officers. | 9 | | (2) Upon review of the report, the Director shall | 10 | | determine whether there is substantial evidence that the | 11 | | alleged civil rights violation has been committed. The | 12 | | determination of substantial evidence is limited to | 13 | | determining the need for further consideration of the | 14 | | charge pursuant to this Act and includes, but is not | 15 | | limited to, findings of fact and conclusions, as well as | 16 | | the reasons for the determinations on all material issues. | 17 | | Substantial evidence is evidence which a reasonable mind | 18 | | accepts as sufficient to support a particular conclusion | 19 | | and which consists of more than a mere scintilla but may be | 20 | | somewhat less than a preponderance. | 21 | | (3) If the Director determines that there is no | 22 | | substantial evidence, the charge shall be dismissed by the | 23 | | Director and the Director shall give the complainant | 24 | | notice of the complainant's right to seek review of the | 25 | | notice of dismissal before the Commission or commence a | 26 | | civil action in the appropriate circuit court. If the |
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| 1 | | complainant chooses to have the Human Rights Commission | 2 | | review the notice of dismissal, the complainant shall file | 3 | | a request for review with the Commission within 90 days | 4 | | after receipt of the Director's notice. If the complainant | 5 | | chooses to file a request for review with the Commission, | 6 | | the complainant may not later commence a civil action in a | 7 | | circuit court. If the complainant chooses to commence a | 8 | | civil action in a circuit court, the complainant must do | 9 | | so within 90 days after receipt of the Director's notice. | 10 | | The complainant shall notify the Department that a | 11 | | complaint has been filed by serving a copy of the | 12 | | complaint on the chief legal counsel of the Department | 13 | | within 21 days from the date that the complaint is filed in | 14 | | circuit court. This 21-day period for service on the chief | 15 | | legal counsel shall not be construed to be jurisdictional. | 16 | | (4) If the Director determines that there is | 17 | | substantial evidence, the Director shall notify the | 18 | | complainant and respondent of that determination. The | 19 | | Director shall also notify the parties that the | 20 | | complainant has the right to either commence a civil | 21 | | action in the appropriate circuit court or request that | 22 | | the Department of Human Rights file a complaint with the | 23 | | Human Rights Commission on the complainant's behalf. Any | 24 | | such complaint shall be filed within 90 days after receipt | 25 | | of the Director's notice. If the complainant chooses to | 26 | | have the Department file a complaint with the Human Rights |
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| 1 | | Commission on the complainant's behalf, the complainant | 2 | | must, within 30 days after receipt of the Director's | 3 | | notice, request in writing that the Department file the | 4 | | complaint. If the complainant timely requests that the | 5 | | Department file the complaint, the Department shall file | 6 | | the complaint on the complainant's behalf. If the | 7 | | complainant fails to timely request that the Department | 8 | | file the complaint, the complainant may file the | 9 | | complainant's complaint with the Commission or commence a | 10 | | civil action in the appropriate circuit court. If the | 11 | | complainant files a complaint with the Human Rights | 12 | | Commission, the complainant shall notify the Department | 13 | | that a complaint has been filed by serving a copy of the | 14 | | complaint on the chief legal counsel of the Department | 15 | | within 21 days from the date that the complaint is filed | 16 | | with the Human Rights Commission. This 21-day period for | 17 | | service on the chief legal counsel shall not be construed | 18 | | to be jurisdictional. | 19 | | (E) Conciliation. | 20 | | (1) When there is a finding of substantial evidence, | 21 | | the Department may designate a Department employee who is | 22 | | an attorney licensed to practice in Illinois to endeavor | 23 | | to eliminate the effect of the alleged civil rights | 24 | | violation and to prevent its repetition by means of | 25 | | conference and conciliation. | 26 | | (2) When the Department determines that a formal |
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| 1 | | conciliation conference is necessary, the complainant and | 2 | | respondent shall be notified of the time and place of the | 3 | | conference by registered or certified mail at least 10 | 4 | | days prior thereto and either or both parties shall appear | 5 | | at the conference in person or by attorney. | 6 | | (3) The place fixed for the conference shall be within | 7 | | 35 miles of the place where the civil rights violation is | 8 | | alleged to have been committed. | 9 | | (4) Nothing occurring at the conference shall be | 10 | | disclosed by the Department unless the complainant and | 11 | | respondent agree in writing that such disclosure be made. | 12 | | (5) The Department's efforts to conciliate the matter | 13 | | shall not stay or extend the time for filing the complaint | 14 | | with the Commission or the circuit court. | 15 | | (F) Complaint. | 16 | | (1) When the complainant requests that the Department | 17 | | file a complaint with the Commission on the complainant's | 18 | | behalf, the Department shall prepare a written complaint, | 19 | | under oath or affirmation, stating the nature of the civil | 20 | | rights violation substantially as alleged in the charge | 21 | | previously filed and the relief sought on behalf of the | 22 | | aggrieved party. The Department shall file the complaint | 23 | | with the Commission. | 24 | | (1.5) If the complainant chooses to file a complaint | 25 | | with the Commission without the Department's assistance, | 26 | | the complainant shall notify the Department that a |
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| 1 | | complaint has been filed by serving a copy of the | 2 | | complaint on the chief legal counsel of the Department | 3 | | within 21 days from the date that the complaint is filed | 4 | | with the Human Rights Commission. This 21-day period for | 5 | | service on the chief legal counsel shall not be construed | 6 | | to be jurisdictional. | 7 | | (2) If the complainant chooses to commence a civil | 8 | | action in a circuit court: | 9 | | (i) The complainant shall file the civil action in | 10 | | the circuit court in the county wherein the civil | 11 | | rights violation was allegedly committed. | 12 | | (ii) The form of the complaint in any such civil | 13 | | action shall be in accordance with the Code of Civil | 14 | | Procedure. | 15 | | (iii) The complainant shall notify the Department | 16 | | that a complaint has been filed by serving a copy of | 17 | | the complaint on the chief legal counsel of the | 18 | | Department within 21 days from date that the complaint | 19 | | is filed in circuit court. This 21-day period for | 20 | | service on the chief legal counsel shall not be | 21 | | construed to be jurisdictional. | 22 | | (G) Time Limit. | 23 | | (1) When a charge of a civil rights violation has been | 24 | | properly filed, the Department, within 365 days thereof or | 25 | | within any extension of that period agreed to in writing | 26 | | by all parties, shall issue its report as required by |
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| 1 | | subparagraph (D). Any such report shall be duly served | 2 | | upon both the complainant and the respondent. | 3 | | (2) If the Department has not issued its report within | 4 | | 365 days after the charge is filed, or any such longer | 5 | | period agreed to in writing by all the parties, the | 6 | | complainant shall have 90 days to either file the | 7 | | complainant's own complaint with the Human Rights | 8 | | Commission or commence a civil action in the appropriate | 9 | | circuit court. If the complainant files a complaint with | 10 | | the Commission, the form of the complaint shall be in | 11 | | accordance with the provisions of paragraph (F)(1). If the | 12 | | complainant commences a civil action in a circuit court, | 13 | | the form of the complaint shall be in accordance with the | 14 | | Code of Civil Procedure. The aggrieved party shall notify | 15 | | the Department that a complaint has been filed by serving | 16 | | a copy of the complaint on the chief legal counsel of the | 17 | | Department with 21 days from the date that the complaint | 18 | | is filed with the Commission or in circuit court. This | 19 | | 21-day period for service on the chief legal counsel shall | 20 | | not be construed to be jurisdictional. If the complainant | 21 | | files a complaint with the Commission, the complainant may | 22 | | not later commence a civil action in circuit court. | 23 | | (3) If an aggrieved party files a complaint with the | 24 | | Human Rights Commission or commences a civil action in | 25 | | circuit court pursuant to paragraph (2) of this | 26 | | subsection, or if the time period for filing a complaint |
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| 1 | | has expired, the Department shall immediately cease its | 2 | | investigation and dismiss the charge of civil rights | 3 | | violation. Any final order entered by the Commission under | 4 | | this Section is appealable in accordance with paragraph | 5 | | (B)(1) of Section 8-111. Failure to immediately cease an | 6 | | investigation and dismiss the charge of civil rights | 7 | | violation as provided in this paragraph (3) constitutes | 8 | | grounds for entry of an order by the circuit court | 9 | | permanently enjoining the investigation. The Department | 10 | | may also be liable for any costs and other damages | 11 | | incurred by the respondent as a result of the action of the | 12 | | Department. | 13 | | (4) (Blank). | 14 | | (H) Public Act 89-370 applies to causes of action filed on | 15 | | or after January 1, 1996. | 16 | | (I) Public Act 89-520 applies to causes of action filed on | 17 | | or after January 1, 1996. | 18 | | (J) The changes made to this Section by Public Act 95-243 | 19 | | apply to charges filed on or after the effective date of those | 20 | | changes. | 21 | | (K) The changes made to this Section by Public Act 96-876 | 22 | | apply to charges filed on or after the effective date of those | 23 | | changes. | 24 | | (L) The changes made to this Section by Public Act | 25 | | 100-1066 apply to charges filed on or after August 24, 2018 | 26 | | (the effective date of Public Act 100-1066). |
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| 1 | | (Source: P.A. 102-558, eff. 8-20-21; 103-335, eff. 1-1-24 .)". |
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