Full Text of HB2061 101st General Assembly
HB2061 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2061 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/7A-102 | from Ch. 68, par. 7A-102 |
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Amends the Illinois Human Rights Act. Provides that charges alleging a violation under provisions concerning employment may be filed and deemed timely if filed within 3 years after the date of the alleged violation. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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) Except as provided in paragraph (4), within Within | 10 | | 300 calendar days after the
date that a civil rights | 11 | | violation allegedly has been committed, a
charge in writing | 12 | | under oath or affirmation may be filed with the
Department | 13 | | by an aggrieved party or issued by the Department itself
| 14 | | under the signature of the Director.
| 15 | | (2) The charge shall be in such detail as to | 16 | | substantially apprise
any party properly concerned as to | 17 | | the time, place, and facts
surrounding the alleged civil | 18 | | rights violation.
| 19 | | (3) Charges deemed filed with the Department pursuant | 20 | | to subsection (A-1) of this Section shall be deemed to be | 21 | | in compliance with this subsection. | 22 | | (4) Charges alleging a violation under Article 2 of this | 23 | | Act may be filed and deemed timely if filed within 3 years |
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| 1 | | after the date of the alleged violation. The changes made to | 2 | | this Section by this amendatory Act of the 101st General | 3 | | Assembly apply to charges filed on or after the effective date | 4 | | of this amendatory Act of the 101st General Assembly. | 5 | | (A-1) Equal Employment Opportunity Commission Charges. | 6 | | (1) If a charge is filed with the Equal Employment | 7 | | Opportunity Commission (EEOC) within 300 calendar days | 8 | | after the date of the alleged civil rights violation, the | 9 | | charge shall be deemed filed with the Department on the | 10 | | date filed with the EEOC. If the EEOC is the governmental | 11 | | agency designated to investigate the charge first, the | 12 | | Department shall take no action until the EEOC makes a | 13 | | determination on the charge and after the complainant | 14 | | notifies the Department of the EEOC's determination. In | 15 | | such cases, after receiving notice from the EEOC that a | 16 | | charge was filed, the Department shall notify the parties | 17 | | that (i) a charge has been received by the EEOC and has | 18 | | been sent to the Department for dual filing purposes; (ii) | 19 | | the EEOC is the governmental agency responsible for | 20 | | investigating the charge and that the investigation shall | 21 | | be conducted pursuant to the rules and procedures adopted | 22 | | by the EEOC; (iii) it will take no action on the charge | 23 | | until the EEOC issues its determination; (iv) the | 24 | | complainant must submit a copy of the EEOC's determination | 25 | | within 30 days after service of the determination by the | 26 | | EEOC on complainant; and (v) that the time period to |
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| 1 | | investigate the charge contained in subsection (G) of this | 2 | | Section is tolled from the date on which the charge is | 3 | | filed with the EEOC until the EEOC issues its | 4 | | determination. | 5 | | (2) If the EEOC finds reasonable cause to believe that | 6 | | there has been a violation of federal law and if the | 7 | | Department is timely notified of the EEOC's findings by | 8 | | complainant, the Department shall notify complainant that | 9 | | the Department has adopted the EEOC's determination of | 10 | | reasonable cause and that complainant has the right, within | 11 | | 90 days after receipt of the Department's notice, to either | 12 | | file his or her own complaint with the Illinois Human | 13 | | Rights Commission or commence a civil action in the | 14 | | appropriate circuit court or other appropriate court of | 15 | | competent jurisdiction. This notice shall be provided to | 16 | | the complainant within 10 business days after the | 17 | | Department's receipt of the EEOC's determination. The | 18 | | Department's notice to complainant that the Department has | 19 | | adopted the EEOC's determination of reasonable cause shall | 20 | | constitute the Department's Report for purposes of | 21 | | subparagraph (D) of this Section. | 22 | | (3) For those charges alleging violations within the | 23 | | jurisdiction of both the EEOC and the Department and for | 24 | | which the EEOC either (i) does not issue a determination, | 25 | | but does issue the complainant a notice of a right to sue, | 26 | | including when the right to sue is issued at the request of |
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| 1 | | the complainant, or (ii) determines that it is unable to | 2 | | establish that illegal discrimination has occurred and | 3 | | issues the complainant a right to sue notice, and if the | 4 | | Department is timely notified of the EEOC's determination | 5 | | by complainant, the Department shall notify the parties, | 6 | | within 10 business days after receipt of the EEOC's | 7 | | determination, that the Department will adopt the EEOC's | 8 | | determination as a dismissal for lack of substantial | 9 | | evidence unless the complainant requests in writing within | 10 | | 35 days after receipt of the Department's notice that the | 11 | | Department review the EEOC's determination. | 12 | | (a) If the complainant does not file a written | 13 | | request with the Department to review the EEOC's | 14 | | determination within 35 days after receipt of the | 15 | | Department's notice, the Department shall notify | 16 | | complainant, within 10 business days after the | 17 | | expiration of the 35-day period, that the decision of | 18 | | the EEOC has been adopted by the Department as a | 19 | | dismissal for lack of substantial evidence and that the | 20 | | complainant has the right, within 90 days after receipt | 21 | | of the Department's notice, to commence a civil action | 22 | | in the appropriate circuit court or other appropriate | 23 | | court of competent jurisdiction. The Department's | 24 | | notice to complainant that the Department has adopted | 25 | | the EEOC's determination shall constitute the | 26 | | Department's report for purposes of subparagraph (D) |
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| 1 | | of this Section. | 2 | | (b) If the complainant does file a written request | 3 | | with the Department to review the EEOC's | 4 | | determination, the Department shall review the EEOC's | 5 | | determination and any evidence obtained by the EEOC | 6 | | during its investigation. If, after reviewing the | 7 | | EEOC's determination and any evidence obtained by the | 8 | | EEOC, the Department determines there is no need for | 9 | | further investigation of the charge, the Department | 10 | | shall issue a report and the Director shall determine | 11 | | whether there is substantial evidence that the alleged | 12 | | civil rights violation has been committed pursuant to | 13 | | subsection (D) of Section 7A-102. If, after reviewing | 14 | | the EEOC's determination and any evidence obtained by | 15 | | the EEOC, the Department determines there is a need for | 16 | | further investigation of the charge, the Department | 17 | | may conduct any further investigation it deems | 18 | | necessary. After reviewing the EEOC's determination, | 19 | | the evidence obtained by the EEOC, and any additional | 20 | | investigation conducted by the Department, the | 21 | | Department shall issue a report and the Director shall | 22 | | determine whether there is substantial evidence that | 23 | | the alleged civil rights violation has been committed | 24 | | pursuant to subsection (D) of Section 7A-102 of this | 25 | | Act. | 26 | | (4) Pursuant to this Section, if the EEOC dismisses the |
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| 1 | | charge or a portion of the charge of discrimination | 2 | | because, under federal law, the EEOC lacks jurisdiction | 3 | | over the charge, and if, under this Act, the Department has | 4 | | jurisdiction over the charge of discrimination, the | 5 | | Department shall investigate the charge or portion of the | 6 | | charge dismissed by the EEOC for lack of jurisdiction | 7 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 8 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 9 | | this Act. | 10 | | (5) The time limit set out in subsection (G) of this | 11 | | Section is tolled from the date on which the charge is | 12 | | filed with the EEOC to the date on which the EEOC issues | 13 | | its determination.
| 14 | | (6) The failure of the Department to meet the | 15 | | 10-business-day notification deadlines set out in | 16 | | paragraph (2) of this subsection shall not impair the | 17 | | rights of any party.
| 18 | | (B) Notice and Response to Charge.
The Department shall, | 19 | | within 10
days of the date on which the charge
was filed, serve | 20 | | a copy of the charge on the respondent and provide all parties | 21 | | with a notice of the complainant's right to opt out of the | 22 | | investigation within 60 days as set forth in subsection (C-1). | 23 | | This period shall
not be construed to be jurisdictional. The | 24 | | charging party and the respondent
may each file a position | 25 | | statement and other materials with the Department
regarding the | 26 | | charge of alleged discrimination within 60 days of receipt of |
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| 1 | | the
notice of the charge. The position statements and other | 2 | | materials filed shall
remain confidential unless otherwise | 3 | | agreed to by the party providing the
information and shall not | 4 | | be served on or made available to the other
party during | 5 | | pendency
of a charge with the Department. The Department may
| 6 | | require the respondent to file a response to
the allegations | 7 | | contained in the charge. Upon the Department's request, the | 8 | | respondent shall
file a response to the charge within 60 days | 9 | | and shall serve a copy
of its response on the
complainant or | 10 | | his or her representative. Notwithstanding any request from the | 11 | | Department,
the respondent may elect to file a response to the | 12 | | charge
within 60 days of receipt of notice of the charge, | 13 | | provided the respondent serves a copy of its response on the | 14 | | complainant or his or her representative. All allegations | 15 | | contained in the charge
not denied by the respondent within 60 | 16 | | days of the Department's request for a response may be deemed | 17 | | admitted, unless the
respondent states that it is without | 18 | | sufficient information to
form a belief with respect to such | 19 | | allegation. The Department may issue
a notice of default | 20 | | directed to any respondent who fails to file a
response to a | 21 | | charge within 60 days of receipt of the Department's request,
| 22 | | unless the respondent can
demonstrate good cause as
to why such | 23 | | notice should not issue. The term "good cause" shall be defined | 24 | | by rule promulgated by the Department. Within 30 days of | 25 | | receipt
of the respondent's response, the complainant may file | 26 | | a
reply to
said response and
shall serve
a copy of said reply |
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| 1 | | on the respondent or his or her representative. A party
shall | 2 | | have the right to supplement his or her response or reply at | 3 | | any time that
the investigation of the charge is pending. The | 4 | | Department shall,
within 10 days of the date on which the | 5 | | charge was filed,
and again no later than 335 days thereafter,
| 6 | | send by certified or registered mail written notice to the | 7 | | complainant
and to the respondent
informing the complainant
of | 8 | | the complainant's rights to either file a complaint with the | 9 | | Human
Rights Commission or commence a civil action in the | 10 | | appropriate circuit court
under subparagraph (2) of paragraph | 11 | | (G) and under subsection (C-1), including in such notice the | 12 | | dates
within which the complainant may exercise these rights.
| 13 | | In the notice the Department shall notify the complainant that | 14 | | the
charge of civil rights violation will be dismissed with | 15 | | prejudice and with no
right to further proceed if a written | 16 | | complaint is not timely filed with
the Commission or with the | 17 | | appropriate circuit court by the complainant pursuant to | 18 | | subparagraph (2) of paragraph (G) or subsection (C-1)
or by the | 19 | | Department pursuant to subparagraph (1) of paragraph (G).
| 20 | | (B-1) Mediation. The complainant and respondent may agree | 21 | | to voluntarily
submit the charge
to mediation without waiving | 22 | | any rights that are otherwise available to
either party | 23 | | pursuant to this Act and without incurring any obligation to
| 24 | | accept the result of the mediation process. Nothing occurring | 25 | | in mediation
shall
be disclosed by the Department or admissible | 26 | | in evidence in any subsequent
proceeding unless the complainant |
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| 1 | | and the respondent agree in writing that such
disclosure be | 2 | | made.
| 3 | | (C) Investigation.
| 4 | | (1) If the complainant does not elect to opt out of an | 5 | | investigation pursuant to subsection (C-1), the
Department | 6 | | shall conduct an investigation sufficient to determine | 7 | | whether the allegations set
forth in the charge are | 8 | | supported by substantial evidence.
| 9 | | (2) The Director or his or her designated | 10 | | representatives shall have
authority to request any member | 11 | | of the Commission to issue subpoenas to
compel the | 12 | | attendance of a witness or the production for
examination | 13 | | of any books, records or documents whatsoever.
| 14 | | (3) If any witness whose testimony is required for any | 15 | | investigation
resides outside the State, or through | 16 | | illness or any other good cause as
determined by the | 17 | | Director is unable to be interviewed by the investigator
or | 18 | | appear at a fact finding conference, his or her testimony | 19 | | or deposition
may be taken, within or without the State, in | 20 | | the same manner as is
provided for in the taking of | 21 | | depositions in civil cases in circuit courts.
| 22 | | (4) Upon reasonable notice to the complainant and the | 23 | | respondent,
the Department shall conduct a fact finding | 24 | | conference, unless prior to
365 days after the date on | 25 | | which the charge was filed the Director has determined | 26 | | whether there is substantial evidence
that the alleged |
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| 1 | | civil rights violation has been committed, the charge has
| 2 | | been dismissed for lack of jurisdiction, or the parties | 3 | | voluntarily and in writing agree to waive the fact finding | 4 | | conference. Any party's failure to attend the conference | 5 | | without good cause
shall result in dismissal or default. | 6 | | The term "good cause"
shall
be defined by rule promulgated | 7 | | by the Department. A notice of dismissal or
default shall | 8 | | be issued by the Director. The notice of default issued by | 9 | | the Director shall notify the respondent that a request for | 10 | | review may be filed in writing with the Commission
within | 11 | | 30 days of receipt of notice of default. The notice of | 12 | | dismissal issued by the Director shall give
the complainant | 13 | | notice of his or her right to seek review of the dismissal
| 14 | | before the Human Rights Commission or commence a civil | 15 | | action in the
appropriate circuit court. If the complainant | 16 | | chooses to have the Human Rights Commission review the | 17 | | dismissal order, he or she shall file a request for review | 18 | | with the Commission within 90 days after receipt of the | 19 | | Director's notice. If the complainant chooses to file a | 20 | | request for review with the Commission, he or she may not | 21 | | later commence a civil action in a circuit court. If the | 22 | | complainant chooses to commence a civil action in a circuit | 23 | | court, he or she must do so within 90 days after receipt of | 24 | | the Director's notice.
| 25 | | (C-1) Opt out of Department's investigation. At any time | 26 | | within 60 days after receipt of notice of the right to opt out, |
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| 1 | | a complainant may submit a written request seeking notice from | 2 | | the Director indicating that the complainant has opted out of | 3 | | the investigation and may commence a civil action in the | 4 | | appropriate circuit court. The Department shall respond to a | 5 | | complainant's opt-out request within 10 business days by | 6 | | issuing the complainant a notice of the right to commence an | 7 | | action in circuit court. The Department shall also notify the | 8 | | respondent that the complainant has elected to opt out of the | 9 | | administrative process within 10 business days of receipt of | 10 | | the complainant's request. If the complainant chooses to | 11 | | commence an action in a circuit court under this subsection, he | 12 | | or she must do so within 90 days after receipt of the | 13 | | Director's notice of the right to commence an action in circuit | 14 | | court. The complainant shall notify the Department and the | 15 | | respondent that a complaint has been filed with the appropriate | 16 | | circuit court and shall mail a copy of the complaint to the | 17 | | Department and the respondent on the same date that the | 18 | | complaint is filed with the appropriate circuit court. Upon | 19 | | receipt of notice that the complainant has filed an action with | 20 | | the appropriate circuit court, the Department shall | 21 | | immediately cease its investigation and dismiss the charge of | 22 | | civil rights violation. Once a complainant has commenced an | 23 | | action in circuit court under this subsection, he or she may | 24 | | not file or refile a substantially similar charge with the | 25 | | Department arising from the same incident of unlawful | 26 | | discrimination or harassment. |
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| 1 | | (D) Report.
| 2 | | (1) Each charge investigated under subsection (C) | 3 | | shall be the
subject of a
report to the Director. The | 4 | | report shall be a confidential document
subject to review | 5 | | by the Director, authorized Department employees, the
| 6 | | parties, and, where indicated by this Act, members of the | 7 | | Commission or
their designated hearing officers.
| 8 | | (2) Upon review of the report, the Director shall | 9 | | determine whether
there is substantial evidence that the | 10 | | alleged civil rights violation
has been committed.
The | 11 | | determination of substantial evidence is limited to | 12 | | determining the need
for further consideration of the | 13 | | charge pursuant to this Act
and includes, but is not | 14 | | limited to, findings of fact and conclusions, as well
as | 15 | | the reasons for the determinations on all material issues. | 16 | | Substantial evidence is evidence which a reasonable mind | 17 | | accepts
as sufficient to support a particular conclusion | 18 | | and which consists of more
than a mere scintilla but may be | 19 | | somewhat less than a preponderance.
| 20 | | (3) If the Director determines
that there is no | 21 | | substantial
evidence, the charge shall be dismissed by | 22 | | order of the
Director and the Director shall give the
| 23 | | complainant notice of his or her right to seek review of | 24 | | the dismissal order before the
Commission or commence a | 25 | | civil action in the appropriate circuit court. If the | 26 | | complainant chooses to have the Human Rights Commission |
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| 1 | | review the dismissal order, he or she shall file a request | 2 | | for review with the Commission within 90 days after receipt | 3 | | of the Director's notice. If the complainant chooses to | 4 | | file a request for review with the Commission, he or she | 5 | | may not later commence a civil action in a circuit court. | 6 | | If the complainant chooses to commence a civil action in a | 7 | | circuit court, he or she must do so within 90 days after | 8 | | receipt of the Director's notice.
| 9 | | (4) If the Director determines that there is | 10 | | substantial evidence, he or she shall notify the | 11 | | complainant and respondent of that determination. The | 12 | | Director shall also notify the parties that the complainant | 13 | | has the right to either commence a civil action in the | 14 | | appropriate circuit court or request that the Department of | 15 | | Human Rights file a complaint with the Human Rights | 16 | | Commission on his or her behalf. Any such complaint shall | 17 | | be filed within 90 days after receipt of the Director's | 18 | | notice. If the complainant chooses to have the Department | 19 | | file a complaint with the Human Rights Commission on his or | 20 | | her behalf, the complainant must, within 30 days after | 21 | | receipt of the Director's notice, request in writing that | 22 | | the Department file the complaint. If the complainant | 23 | | timely requests that the Department file the complaint, the | 24 | | Department shall file the complaint on his or her behalf. | 25 | | If the complainant fails to timely request that the | 26 | | Department file the complaint, the complainant may file his |
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| 1 | | or her complaint with the Commission or commence a civil | 2 | | action in the appropriate circuit court.
If the complainant | 3 | | files a complaint with
the Human Rights Commission, the | 4 | | complainant shall give notice to the
Department of the | 5 | | filing of the complaint with the Human Rights Commission. | 6 | | (E) Conciliation.
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(1) When there is a finding of substantial evidence, | 8 | | the Department may designate a Department employee who is | 9 | | an attorney
licensed to practice in Illinois to endeavor to | 10 | | eliminate the effect of
the alleged civil rights violation | 11 | | and to prevent its repetition by
means of conference and | 12 | | conciliation.
| 13 | | (2) When the Department determines that a formal
| 14 | | conciliation conference is necessary, the complainant and | 15 | | respondent
shall be notified of the time and place of the | 16 | | conference by registered
or certified mail at least 10 days | 17 | | prior thereto and either or both
parties shall appear at | 18 | | the conference in person or by attorney.
| 19 | | (3) 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 | | (4) Nothing occurring at the conference shall be | 23 | | disclosed by the
Department unless
the complainant and | 24 | | respondent agree in writing that
such disclosure be made.
| 25 | | (5) The Department's efforts to conciliate the matter | 26 | | shall not stay or extend the time for filing the complaint |
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| 1 | | with the Commission or the circuit court.
| 2 | | (F) Complaint.
| 3 | | (1) When the complainant requests that the Department | 4 | | file a complaint with the Commission on his or her behalf, | 5 | | the Department shall prepare a
written complaint, under | 6 | | oath or affirmation, stating the nature of the
civil rights | 7 | | violation substantially as alleged in the charge | 8 | | previously
filed and the relief sought on behalf of the | 9 | | aggrieved party. The Department shall file the complaint | 10 | | with the Commission.
| 11 | | (2) If the complainant chooses to commence a civil | 12 | | action in a circuit court, he or she must do so in the | 13 | | circuit court in the county wherein the civil rights | 14 | | violation was allegedly committed. The form of the | 15 | | complaint in any such civil action shall be in accordance | 16 | | with the Illinois Code of Civil Procedure.
| 17 | | (G) Time Limit.
| 18 | | (1) When a charge of a civil rights violation has been
| 19 | | properly filed, the Department, within 365
days thereof or | 20 | | within any
extension of that period agreed to in writing by | 21 | | all parties, shall issue its report as required by | 22 | | subparagraph (D). Any such report
shall be duly served upon | 23 | | both the complainant and the respondent.
| 24 | | (2) If the Department has not issued its report within | 25 | | 365 days after the charge is filed, or any such longer | 26 | | period agreed to in writing by all the parties, the |
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| 1 | | complainant shall have 90 days to either file his or her | 2 | | own complaint with the Human Rights Commission or commence | 3 | | a civil action in the appropriate circuit court. If the | 4 | | complainant files a complaint with the Commission, the form | 5 | | of the complaint shall be in accordance with the provisions | 6 | | of
paragraph (F)(1). If the complainant commences a civil | 7 | | action in a circuit court, the form of the complaint shall | 8 | | be in accordance with the Illinois Code of Civil Procedure. | 9 | | The aggrieved party shall notify the Department that a
| 10 | | complaint
has been filed and shall serve a copy of the | 11 | | complaint on the Department
on the same date that the | 12 | | complaint is filed with the Commission or in circuit court. | 13 | | If the complainant files a complaint with the Commission, | 14 | | he or she may not later commence a civil action in circuit | 15 | | court.
| 16 | | (3) If an aggrieved party files a complaint
with the
| 17 | | Human Rights Commission or commences a civil action in | 18 | | circuit court pursuant to paragraph (2) of this subsection, | 19 | | or if
the time period for filing a complaint has expired, | 20 | | the
Department shall immediately cease its investigation | 21 | | and
dismiss the charge of civil rights violation.
Any final | 22 | | order entered by the Commission under this Section is
| 23 | | appealable in accordance with paragraph (B)(1) of Section | 24 | | 8-111.
Failure to immediately cease an investigation and | 25 | | dismiss the charge of civil
rights violation as provided in | 26 | | this paragraph
(3) constitutes grounds for entry of an |
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| 1 | | order by the circuit court permanently
enjoining the
| 2 | | investigation. The Department may also be liable for any
| 3 | | costs and other damages incurred by the respondent as a | 4 | | result of the action of
the Department.
| 5 | | (4) (Blank).
| 6 | | (H) This amendatory Act of 1995 applies to causes of action | 7 | | filed on or
after January 1, 1996.
| 8 | | (I) This amendatory Act of 1996 applies to causes of action | 9 | | filed on or
after January 1, 1996.
| 10 | | (J) The changes made to this Section by Public Act 95-243 | 11 | | apply to charges filed on or
after the effective date of those | 12 | | changes.
| 13 | | (K) The changes made to this Section by this amendatory Act | 14 | | of the 96th General Assembly apply to charges filed on or
after | 15 | | the effective date of those changes. | 16 | | (L) The changes made to this Section by this amendatory Act | 17 | | of the 100th General Assembly apply to charges filed on or
| 18 | | after the effective date of this amendatory Act of the 100th | 19 | | General Assembly. | 20 | | (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18; | 21 | | 100-1066, eff. 8-24-18.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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