(775 ILCS 5/1-102) (from Ch. 68, par. 1-102) (Text of Section before amendment by P.A. 103-785 ) Sec. 1-102. Declaration of policy. It is the public policy of this State: (A) Freedom from Unlawful Discrimination. To secure |
| for all individuals within Illinois the freedom from discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations, including in elementary, secondary, and higher education.
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(B) Freedom from Sexual Harassment-Employment and
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| Elementary, Secondary, and Higher Education. To prevent sexual harassment in employment and sexual harassment in elementary, secondary, and higher education.
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(C) Freedom from Discrimination Based on Citizenship
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| Status-Employment. To prevent discrimination based on citizenship status in employment.
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(C-5) Freedom from Discrimination Based on Work
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| Authorization Status-Employment. To prevent discrimination based on the specific status or term of status that accompanies a legal work authorization.
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(D) Freedom from Discrimination Based on Familial
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| Status or Source of Income-Real Estate Transactions. To prevent discrimination based on familial status or source of income in real estate transactions.
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(E) Public Health, Welfare and Safety. To promote the
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| public health, welfare and safety by protecting the interest of all people in Illinois in maintaining personal dignity, in realizing their full productive capacities, and in furthering their interests, rights and privileges as citizens of this State.
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(F) Implementation of Constitutional Guarantees. To
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| secure and guarantee the rights established by Sections 17, 18 and 19 of Article I of the Illinois Constitution of 1970.
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(G) Equal Opportunity, Affirmative Action. To
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| establish Equal Opportunity and Affirmative Action as the policies of this State in all of its decisions, programs and activities, and to assure that all State departments, boards, commissions and instrumentalities rigorously take affirmative action to provide equality of opportunity and eliminate the effects of past discrimination in the internal affairs of State government and in their relations with the public.
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(H) Unfounded Charges. To protect citizens of this
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| State against unfounded charges of prohibited discrimination in employment, real estate transactions, financial credit, and public accommodations, including in elementary, secondary, and higher education.
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(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; 103-472, eff. 8-1-24.)
(Text of Section after amendment by P.A. 103-785 )
Sec. 1-102. Declaration of policy. It is the public policy of this State:
(A) Freedom from Unlawful Discrimination. To secure
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| for all individuals within Illinois the freedom from discrimination based on race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service in connection with employment, real estate transactions, access to financial credit, and the availability of public accommodations, including in elementary, secondary, and higher education.
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(B) Freedom from Sexual Harassment-Employment and
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| Elementary, Secondary, and Higher Education. To prevent sexual harassment in employment and sexual harassment in elementary, secondary, and higher education.
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(C) Freedom from Discrimination Based on Citizenship
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| Status-Employment. To prevent discrimination based on citizenship status in employment.
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(C-5) Freedom from Discrimination Based on Work
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| Authorization Status-Employment. To prevent discrimination based on the specific status or term of status that accompanies a legal work authorization.
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(D) Freedom from Discrimination Based on Familial
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| Status or Source of Income-Real Estate Transactions. To prevent discrimination based on familial status or source of income in real estate transactions.
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(E) Public Health, Welfare and Safety. To promote the
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| public health, welfare and safety by protecting the interest of all people in Illinois in maintaining personal dignity, in realizing their full productive capacities, and in furthering their interests, rights and privileges as citizens of this State.
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(F) Implementation of Constitutional Guarantees. To
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| secure and guarantee the rights established by Sections 17, 18 and 19 of Article I of the Illinois Constitution of 1970.
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(G) Equal Opportunity, Affirmative Action. To
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| establish Equal Opportunity and Affirmative Action as the policies of this State in all of its decisions, programs and activities, and to assure that all State departments, boards, commissions and instrumentalities rigorously take affirmative action to provide equality of opportunity and eliminate the effects of past discrimination in the internal affairs of State government and in their relations with the public.
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(H) Unfounded Charges. To protect citizens of this
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| State against unfounded charges of prohibited discrimination in employment, real estate transactions, financial credit, and public accommodations, including in elementary, secondary, and higher education.
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(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23; 103-472, eff. 8-1-24; 103-785, eff. 1-1-25.)
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(775 ILCS 5/1-103) (from Ch. 68, par. 1-103) (Text of Section before amendment by P.A. 103-785 ) Sec. 1-103. General definitions. When used in this Act, unless the
context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who is at least
40 years old, except with regard to any practice described in Section
2-102, insofar as that practice concerns training or apprenticeship
programs. In the case of training or apprenticeship programs, for the
purposes of Section 2-102, "age" means the chronological age of a person
who is 18 but not yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who is alleged
or proved to have been injured by a civil rights violation or believes he
or she will be injured by a civil rights violation under Article 3 that is
about to occur.
(B-5) Arrest record. "Arrest record" means: (1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered |
| expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act.
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(C) Charge. "Charge" means an allegation filed with the Department
by an aggrieved party or initiated by the Department under its
authority.
(D) Civil rights violation. "Civil rights violation" includes and
shall be limited to only those specific acts set forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights Commission
created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed by
the Department with the Commission following an investigation and
finding of substantial evidence of a civil rights violation.
(G) Complainant. "Complainant" means a person including the
Department who files a charge of civil rights violation with the Department or
the Commission.
(G-5) Conviction record. "Conviction record" means information indicating that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority.
(H) Department. "Department" means the Department of Human Rights
created by this Act.
(I) Disability.
(1) "Disability" means a determinable physical or mental
characteristic of a person, including, but not limited to, a determinable
physical characteristic which necessitates the person's use of a guide,
hearing or support dog, the history of such characteristic, or the
perception of such characteristic by the person complained against, which
may result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
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| person's ability to perform the duties of a particular job or position and, pursuant to Section 2-104 of this Act, a person's illegal use of drugs or alcohol is not a disability;
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(b) For purposes of Article 3, is unrelated to the
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| person's ability to acquire, rent, or maintain a housing accommodation;
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(c) For purposes of Article 4, is unrelated to a
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| person's ability to repay;
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(d) For purposes of Article 5, is unrelated to a
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| person's ability to utilize and benefit from a place of public accommodation;
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(e) For purposes of Article 5, also includes any
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| mental, psychological, or developmental disability, including autism spectrum disorders.
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(2) Discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal status of being
married, single, separated, divorced, or widowed.
(J-1) Military status. "Military status" means a person's status on
active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any
reserve component of the armed forces of the United States, including the United
States Army Reserve, United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in which a
person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, or the Civil No Contact Order Act, or an order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals, partnerships,
associations or organizations, labor organizations, labor unions, joint
apprenticeship committees, or union labor associations, corporations, the
State of Illinois and its instrumentalities, political subdivisions, units
of local government, legal representatives, trustees in bankruptcy
or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.
(M) Public contract. "Public contract" includes every contract to which the
State, any of its political subdivisions, or any municipal corporation is a
party.
(M-5) Race. "Race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.
(N) Religion. "Religion" includes all aspects of religious observance
and practice, as well as belief, except that with respect to employers, for
the purposes of Article 2, "religion" has the meaning ascribed to it in
paragraph (F) of Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means actual or
perceived heterosexuality, homosexuality, bisexuality, or gender-related identity,
whether or not traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult.
(O-5) Source of income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents.
(P) Unfavorable military discharge. "Unfavorable military discharge"
includes discharges from the Armed Forces of the United States, their
Reserve components, or any National Guard or Naval Militia which are
classified as RE-3 or the equivalent thereof, but does not include those
characterized as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination" means discrimination
against a person because of his or her actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection status, disability, military status, sexual
orientation, pregnancy,
or unfavorable
discharge from military service as those terms are defined in this Section.
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-785 )
Sec. 1-103. General definitions. When used in this Act, unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who is at least 40 years old, except with regard to any practice described in Section 2-102, insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of Section 2-102, "age" means the chronological age of a person who is 18 but not yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who is alleged or proved to have been injured by a civil rights violation or believes he or she will be injured by a civil rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
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| expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act.
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(C) Charge. "Charge" means an allegation filed with the Department by an aggrieved party or initiated by the Department under its authority.
(D) Civil rights violation. "Civil rights violation" includes and shall be limited to only those specific acts set forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed by the Department with the Commission following an investigation and finding of substantial evidence of a civil rights violation.
(G) Complainant. "Complainant" means a person including the Department who files a charge of civil rights violation with the Department or the Commission.
(G-5) Conviction record. "Conviction record" means information indicating that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority.
(H) Department. "Department" means the Department of Human Rights created by this Act.
(I) Disability.
(1) "Disability" means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
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| person's ability to perform the duties of a particular job or position and, pursuant to Section 2-104 of this Act, a person's illegal use of drugs or alcohol is not a disability;
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(b) For purposes of Article 3, is unrelated to the
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| person's ability to acquire, rent, or maintain a housing accommodation;
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(c) For purposes of Article 4, is unrelated to a
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| person's ability to repay;
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(d) For purposes of Article 5, is unrelated to a
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| person's ability to utilize and benefit from a place of public accommodation;
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(e) For purposes of Article 5, also includes any
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| mental, psychological, or developmental disability, including autism spectrum disorders.
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(2) Discrimination based on disability includes unlawful discrimination against an individual because of the individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal status of being married, single, separated, divorced, or widowed.
(J-1) Military status. "Military status" means a person's status on active duty in or status as a veteran of the armed forces of the United States, status as a current member or veteran of any reserve component of the armed forces of the United States, including the United States Army Reserve, United States Marine Corps Reserve, United States Navy Reserve, United States Air Force Reserve, and United States Coast Guard Reserve, or status as a current member or veteran of the Illinois Army National Guard or Illinois Air National Guard.
(K) National origin. "National origin" means the place in which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, Article 112A of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, or the Civil No Contact Order Act, or an order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, joint apprenticeship committees, or union labor associations, corporations, the State of Illinois and its instrumentalities, political subdivisions, units of local government, legal representatives, trustees in bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.
(M) Public contract. "Public contract" includes every contract to which the State, any of its political subdivisions, or any municipal corporation is a party.
(M-5) Race. "Race" includes traits associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.
(N) Religion. "Religion" includes all aspects of religious observance and practice, as well as belief, except that with respect to employers, for the purposes of Article 2, "religion" has the meaning ascribed to it in paragraph (F) of Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult.
(O-2) Reproductive Health Decisions. "Reproductive Health Decisions" means a person's decisions regarding the person's use of: contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care.
(O-5) Source of income. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents.
(P) Unfavorable military discharge. "Unfavorable military discharge" includes discharges from the Armed Forces of the United States, their Reserve components, or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination" means discrimination against a person because of his or her actual or perceived: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service as those terms are defined in this Section.
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785, eff. 1-1-25.)
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(775 ILCS 5/2-101)
Sec. 2-101. Definitions. The following definitions are applicable
strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for |
| remuneration within this State for an employer;
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(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of
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| this Act, "employee" also includes an unpaid intern. An unpaid intern is a person who performs work for an employer under the following circumstances:
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(i) the employer is not committed to hiring the
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| person performing the work at the conclusion of the intern's tenure;
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(ii) the employer and the person performing the
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| work agree that the person is not entitled to wages for the work performed; and
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(iii) the work performed:
(I) supplements training given in an
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| educational environment that may enhance the employability of the intern;
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(II) provides experience for the benefit of
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| the person performing the work;
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(III) does not displace regular employees;
(IV) is performed under the close supervision
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(V) provides no immediate advantage to the
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| employer providing the training and may occasionally impede the operations of the employer.
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(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
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| "employers" as defined by this Act;
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(c) Elected public officials or the members of
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| their immediate personal staffs;
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(d) Principal administrative officers of the
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| State or of any political subdivision, municipal corporation or other governmental unit or agency;
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(e) A person in a vocational rehabilitation
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| facility certified under federal law who has been designated an evaluee, trainee, or work activity client.
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(B) Employer.
(1) "Employer" includes:
(a) Any person employing one or more employees
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| within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;
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(b) Any person employing one or more employees
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| when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental disability unrelated to ability, pregnancy, or sexual harassment;
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(c) The State and any political subdivision,
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| municipal corporation or other governmental unit or agency, without regard to the number of employees;
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(d) Any party to a public contract without regard
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| to the number of employees;
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(e) A joint apprenticeship or training committee
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| without regard to the number of employees.
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(2) "Employer" does not include any place of worship,
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| religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such place of worship, corporation, association, educational institution, society or non-profit nursing institution of its activities.
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(C) Employment Agency. "Employment Agency" includes both public and
private employment agencies and any person, labor organization, or labor
union having a hiring hall or hiring office regularly undertaking, with
or without compensation, to procure opportunities to work, or to
procure, recruit, refer or place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary unincorporated
association designed to further the cause of the rights of union labor
which is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in connection with
employment, including apprenticeships or applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual
advances or requests for sexual favors or any conduct of a sexual nature
when (1) submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment, (2) submission to or
rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such conduct has the
purpose or effect of substantially interfering with an individual's work
performance or creating an intimidating, hostile or offensive working
environment.
For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, or work authorization status that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties.
(F) Religion. "Religion" with respect to employers includes all
aspects of religious observance and practice, as well as belief, unless an
employer demonstrates that he is unable to reasonably accommodate an
employee's or prospective employee's religious observance or practice
without undue hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an agency or
department thereof, unit of local government, school district,
instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of the State,
agency or department thereof, unit of local government, school district,
instrumentality or political subdivision. "Public employee" does not include
public officers or employees of the General Assembly or agencies thereof.
(I) Public Officer. "Public officer" means a person who is elected to
office pursuant to the Constitution or a statute or ordinance, or who is
appointed to an office which is established, and the qualifications and
duties of which are prescribed, by the Constitution or a statute or
ordinance, to discharge a public duty for the State, agency or department
thereof, unit of local government, school district, instrumentality or
political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the Department's regulations.
The provisions of this Article relating to eligible bidders apply only
to bids on contracts with the State and its departments, agencies, boards,
and commissions, and the provisions do not apply to bids on contracts with
units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
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| U.S. citizen who is lawfully present and who is protected from discrimination under the provisions of Section 1324b of Title 8 of the United States Code, as now or hereafter amended.
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(L) Work Authorization Status. "Work authorization status" means the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States.
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. 5-27-22.)
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(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil rights violations - employment. It is a civil
rights violation:
(A) Employers. For any employer to refuse to hire, to |
| segregate, to engage in harassment as defined in subsection (E-1) of Section 2-101, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of unlawful discrimination, citizenship status, or work authorization status. An employer is responsible for harassment by the employer's nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
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(A-5) Language. For an employer to impose a
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| restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee's duties.
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For the purposes of this subdivision (A-5),
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| "language" means a person's native tongue, such as Polish, Spanish, or Chinese. "Language" does not include such things as slang, jargon, profanity, or vulgarity.
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(A-10) Harassment of nonemployees. For any employer,
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| employment agency, or labor organization to engage in harassment of nonemployees in the workplace. An employer is responsible for harassment of nonemployees by the employer's nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision (A-10), "nonemployee" means a person who is not otherwise an employee of the employer and is directly performing services for the employer pursuant to a contract with that employer. "Nonemployee" includes contractors and consultants. This subdivision applies to harassment occurring on or after the effective date of this amendatory Act of the 101st General Assembly.
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(B) Employment agency. For any employment agency to
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| fail or refuse to classify properly, accept applications and register for employment referral or apprenticeship referral, refer for employment, or refer for apprenticeship on the basis of unlawful discrimination, citizenship status, or work authorization status or to accept from any person any job order, requisition or request for referral of applicants for employment or apprenticeship which makes or has the effect of making unlawful discrimination or discrimination on the basis of citizenship status or work authorization status a condition of referral.
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(C) Labor organization. For any labor organization to
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| limit, segregate or classify its membership, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely any person's status as an employee or as an applicant for employment or as an apprentice, or as an applicant for apprenticeships, or wages, tenure, hours of employment or apprenticeship conditions on the basis of unlawful discrimination, citizenship status, or work authorization status.
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(D) Sexual harassment. For any employer, employee,
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| agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
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(D-5) Sexual harassment of nonemployees. For any
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| employer, employee, agent of any employer, employment agency, or labor organization to engage in sexual harassment of nonemployees in the workplace. An employer is responsible for sexual harassment of nonemployees by the employer's nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. For the purposes of this subdivision (D-5), "nonemployee" means a person who is not otherwise an employee of the employer and is directly performing services for the employer pursuant to a contract with that employer. "Nonemployee" includes contractors and consultants. This subdivision applies to sexual harassment occurring on or after the effective date of this amendatory Act of the 101st General Assembly.
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(E) Public employers. For any public employer to
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| refuse to permit a public employee under its jurisdiction who takes time off from work in order to practice his or her religious beliefs to engage in work, during hours other than such employee's regular working hours, consistent with the operational needs of the employer and in order to compensate for work time lost for such religious reasons. Any employee who elects such deferred work shall be compensated at the wage rate which he or she would have earned during the originally scheduled work period. The employer may require that an employee who plans to take time off from work in order to practice his or her religious beliefs provide the employer with a notice of his or her intention to be absent from work not exceeding 5 days prior to the date of absence.
|
|
(E-5) Religious discrimination. For any employer to
|
| impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement, or transfer, any terms or conditions that would require such person to violate or forgo a sincerely held practice of his or her religion including, but not limited to, the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious belief, practice, or observance without undue hardship on the conduct of the employer's business.
|
|
Nothing in this Section prohibits an employer from
|
| enacting a dress code or grooming policy that may include restrictions on attire, clothing, or facial hair to maintain workplace safety or food sanitation.
|
|
(F) Training and apprenticeship programs. For any
|
| employer, employment agency or labor organization to discriminate against a person on the basis of age in the selection, referral for or conduct of apprenticeship or training programs.
|
|
(G) Immigration-related practices.
(1) for an employer to request for purposes of
|
| satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, as now or hereafter amended, more or different documents than are required under such Section or to refuse to honor documents tendered that on their face reasonably appear to be genuine or to refuse to honor work authorization based upon the specific status or term of status that accompanies the authorization to work; or
|
|
(2) for an employer participating in the E-Verify
|
| Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by PL 104-208, div. C title IV, subtitle A) to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment without following the procedures under the E-Verify Program.
|
|
(H) (Blank).
(I) Pregnancy. For an employer to refuse to hire, to
|
| segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis of pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. Women affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, regardless of the source of the inability to work or employment classification or status.
|
|
(J) Pregnancy; reasonable accommodations.
(1) If after a job applicant or employee,
|
| including a part-time, full-time, or probationary employee, requests a reasonable accommodation, for an employer to not make reasonable accommodations for any medical or common condition of a job applicant or employee related to pregnancy or childbirth, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer. The employer may request documentation from the employee's health care provider concerning the need for the requested reasonable accommodation or accommodations to the same extent documentation is requested for conditions related to disability if the employer's request for documentation is job-related and consistent with business necessity. The employer may require only the medical justification for the requested accommodation or accommodations, a description of the reasonable accommodation or accommodations medically advisable, the date the reasonable accommodation or accommodations became medically advisable, and the probable duration of the reasonable accommodation or accommodations. It is the duty of the individual seeking a reasonable accommodation or accommodations to submit to the employer any documentation that is requested in accordance with this paragraph. Notwithstanding the provisions of this paragraph, the employer may require documentation by the employee's health care provider to determine compliance with other laws. The employee and employer shall engage in a timely, good faith, and meaningful exchange to determine effective reasonable accommodations.
|
|
(2) For an employer to deny employment
|
| opportunities or benefits to or take adverse action against an otherwise qualified job applicant or employee, including a part-time, full-time, or probationary employee, if the denial or adverse action is based on the need of the employer to make reasonable accommodations to the known medical or common conditions related to the pregnancy or childbirth of the applicant or employee.
|
|
(3) For an employer to require a job applicant
|
| or employee, including a part-time, full-time, or probationary employee, affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to accept an accommodation when the applicant or employee did not request an accommodation and the applicant or employee chooses not to accept the employer's accommodation.
|
|
(4) For an employer to require an employee,
|
| including a part-time, full-time, or probationary employee, to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known medical or common conditions related to the pregnancy or childbirth of an employee. No employer shall fail or refuse to reinstate the employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon her signifying her intent to return or when her need for reasonable accommodation ceases, unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
|
|
For the purposes of this subdivision (J), "reasonable
|
| accommodations" means reasonable modifications or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or held is customarily performed, that enable an applicant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to be considered for the position the applicant desires or to perform the essential functions of that position, and may include, but is not limited to: more frequent or longer bathroom breaks, breaks for increased water intake, and breaks for periodic rest; private non-bathroom space for expressing breast milk and breastfeeding; seating; assistance with manual labor; light duty; temporary transfer to a less strenuous or hazardous position; the provision of an accessible worksite; acquisition or modification of equipment; job restructuring; a part-time or modified work schedule; appropriate adjustment or modifications of examinations, training materials, or policies; reassignment to a vacant position; time off to recover from conditions related to childbirth; and leave necessitated by pregnancy, childbirth, or medical or common conditions resulting from pregnancy or childbirth.
|
|
For the purposes of this subdivision (J), "undue
|
| hardship" means an action that is prohibitively expensive or disruptive when considered in light of the following factors: (i) the nature and cost of the accommodation needed; (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon the operation of the facility; (iii) the overall financial resources of the employer, the overall size of the business of the employer with respect to the number of its employees, and the number, type, and location of its facilities; and (iv) the type of operation or operations of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer. The employer has the burden of proving undue hardship. The fact that the employer provides or would be required to provide a similar accommodation to similarly situated employees creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.
|
|
No employer is required by this subdivision (J) to
|
| create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation. The employer is not required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need it.
|
|
(K) Notice.
(1) For an employer to fail to post or keep
|
| posted in a conspicuous location on the premises of the employer where notices to employees are customarily posted, or fail to include in any employee handbook information concerning an employee's rights under this Article, a notice, to be prepared or approved by the Department, summarizing the requirements of this Article and information pertaining to the filing of a charge, including the right to be free from unlawful discrimination, the right to be free from sexual harassment, and the right to certain reasonable accommodations. The Department shall make the documents required under this paragraph available for retrieval from the Department's website.
|
|
(2) Upon notification of a violation of paragraph
|
| (1) of this subdivision (K), the Department may launch a preliminary investigation. If the Department finds a violation, the Department may issue a notice to show cause giving the employer 30 days to correct the violation. If the violation is not corrected, the Department may initiate a charge of a civil rights violation.
|
|
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
|
(775 ILCS 5/2-104) (from Ch. 68, par. 2-104) (Text of Section before amendment by P.A. 103-797 ) Sec. 2-104. Exemptions. (A) Nothing contained in this Act shall prohibit an employer, employment
agency, or labor organization from: (1) Bona Fide Qualification. Hiring or selecting |
| between persons for bona fide occupational qualifications or any reason except those civil-rights violations specifically identified in this Article.
|
|
(2) Veterans. Giving preferential treatment to
|
| veterans and their relatives as required by the laws or regulations of the United States or this State or a unit of local government, or pursuant to a private employer's voluntary veterans' preference employment policy authorized by the Veterans Preference in Private Employment Act.
|
|
(3) Unfavorable Discharge From Military Service.
(a) Using unfavorable discharge from military
|
| service as a valid employment criterion when authorized by federal law or regulation or when a position of employment involves the exercise of fiduciary responsibilities as defined by rules and regulations which the Department shall adopt; or
|
|
(b) Participating in a bona fide recruiting
|
| incentive program, sponsored by a branch of the United States Armed Forces, a reserve component of the United States Armed Forces, or any National Guard or Naval Militia, where participation in the program is limited by the sponsoring branch based upon the service member's discharge status.
|
|
(4) Ability Tests. Giving or acting upon the results
|
| of any professionally developed ability test provided that such test, its administration, or action upon the results, is not used as a subterfuge for or does not have the effect of unlawful discrimination.
|
|
(5) Merit and Retirement Systems.
(a) Applying different standards of compensation,
|
| or different terms, conditions or privileges of employment pursuant to a merit or retirement system provided that such system or its administration is not used as a subterfuge for or does not have the effect of unlawful discrimination.
|
|
(b) Effecting compulsory retirement of any
|
| employee who has attained 65 years of age and who, for the 2-year period immediately preceding retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans of the employer of such employee, which equals, in the aggregate, at least $44,000. If any such retirement benefit is in a form other than a straight life annuity (with no ancillary benefits) or if the employees contribute to any such plan or make rollover contributions, the retirement benefit shall be adjusted in accordance with regulations prescribed by the Department, so that the benefit is the equivalent of a straight life annuity (with no ancillary benefits) under a plan to which employees do not contribute and under which no rollover contributions are made.
|
|
(c) Until January 1, 1994, effecting compulsory
|
| retirement of any employee who has attained 70 years of age, and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education as defined by Section 1201(a) of the Higher Education Act of 1965.
|
|
(6) Training and Apprenticeship programs.
|
| Establishing an educational requirement as a prerequisite to selection for a training or apprenticeship program, provided such requirement does not operate to discriminate on the basis of any prohibited classification except age.
|
|
(7) Police and Firefighter/Paramedic Retirement.
|
| Imposing a mandatory retirement age for firefighters/paramedics or law enforcement officers and discharging or retiring such individuals pursuant to the mandatory retirement age if such action is taken pursuant to a bona fide retirement plan provided that the law enforcement officer or firefighter/paramedic has attained:
|
|
(a) the age of retirement in effect under
|
| applicable State or local law on March 3, 1983; or
|
|
(b) if the applicable State or local law was
|
| enacted after the date of enactment of the federal Age Discrimination in Employment Act Amendments of 1996 (P.L. 104-208), the age of retirement in effect on the date of such discharge under such law.
|
|
This paragraph (7) shall not apply with respect to
|
| any cause of action arising under the Illinois Human Rights Act as in effect prior to the effective date of this amendatory Act of 1997.
|
|
(8) Police and Firefighter/Paramedic Appointment.
|
| Failing or refusing to hire any individual because of such individual's age if such action is taken with respect to the employment of an individual as a firefighter/paramedic or as a law enforcement officer and the individual has attained:
|
|
(a) the age of hiring or appointment in effect
|
| under applicable State or local law on March 3, 1983; or
|
|
(b) the age of hiring in effect on the date of
|
| such failure or refusal to hire under applicable State or local law enacted after the date of enactment of the federal Age Discrimination in Employment Act Amendments of 1996 (P.L. 104-208).
|
|
As used in paragraph (7) or (8):
"Firefighter/paramedic" means an employee, the duties
|
| of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, or to provide emergency medical services, including an employee engaged in this activity who is transferred to a supervisory or administrative position.
|
|
"Law enforcement officer" means an employee, the
|
| duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of criminal offenses, including an employee engaged in this activity who is transferred to a supervisory or administrative position.
|
|
(9) Citizenship Status. Making legitimate
|
| distinctions based on citizenship status if specifically authorized or required by State or federal law.
|
|
(B) With respect to any employee who is subject to a collective
bargaining agreement:
(a) which is in effect on June 30, 1986,
(b) which terminates after January 1, 1987,
(c) any provision of which was entered into by a
|
| labor organization as defined by Section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
|
|
(d) which contains any provision that would be
|
| superseded by Public Act 85-748,
|
|
Public Act 85-748 shall not apply until the termination of such
collective bargaining agreement or January 1, 1990, whichever occurs first.
(C)(1) For purposes of this Act, the term "disability" shall not include
any employee or applicant who is currently engaging in the illegal use of
drugs, when an employer acts on the basis of such use.
(2) Paragraph (1) shall not apply where an employee or applicant for
employment:
(a) has successfully completed a supervised drug
|
| rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;
|
|
(b) is participating in a supervised rehabilitation
|
| program and is no longer engaging in such use; or
|
|
(c) is erroneously regarded as engaging in such use,
|
| but is not engaging in such use.
|
|
It shall not be a violation of this Act for an employer to adopt or
administer reasonable policies or procedures, including but not limited to drug
testing, designed to ensure that an individual described in subparagraph (a) or
(b) is no longer engaging in the illegal use of drugs.
(3) An employer:
(a) may prohibit the illegal use of drugs and the use
|
| of alcohol at the workplace by all employees;
|
|
(b) may require that employees shall not be under the
|
| influence of alcohol or be engaging in the illegal use of drugs at the workplace;
|
|
(c) may require that employees behave in conformance
|
| with the requirements established under the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the Drug Free Workplace Act;
|
|
(d) may hold an employee who engages in the illegal
|
| use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such employer holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and
|
|
(e) may, with respect to federal regulations
|
| regarding alcohol and the illegal use of drugs, require that:
|
|
(i) employees comply with the standards
|
| established in such regulations of the United States Department of Defense, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the Department of Defense);
|
|
(ii) employees comply with the standards
|
| established in such regulations of the Nuclear Regulatory Commission, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and
|
|
(iii) employees comply with the standards
|
| established in such regulations of the United States Department of Transportation, if the employees of the employer are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the United States Department of Transportation).
|
|
(4) For purposes of this Act, a test to determine the illegal use of drugs
shall not be considered a medical examination. Nothing in this Act shall be
construed to encourage, prohibit, or authorize the conducting of drug testing
for the illegal use of drugs by job applicants or employees or making
employment decisions based on such test results.
(5) Nothing in this Act shall be construed to encourage, prohibit, restrict,
or authorize the otherwise lawful exercise by an employer subject to the
jurisdiction of the United States Department of Transportation of authority to:
(a) test employees of such employer in, and
|
| applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and
|
|
(b) remove such persons who test positive for illegal
|
| use of drugs and on-duty impairment by alcohol pursuant to subparagraph (a) from safety-sensitive duties in implementing paragraph (3).
|
|
(D) Nothing contained in this Act shall require an employer to sponsor, either monetarily or otherwise, any applicant or employee to obtain or modify work authorization status, unless otherwise required by federal law.
(Source: P.A. 102-233, eff. 8-2-21.)
(Text of Section after amendment by P.A. 103-797 )
Sec. 2-104. Exemptions.
(A) Nothing contained in this Act shall prohibit an employer, employment agency, or labor organization from:
(1) Bona Fide Qualification. Hiring or selecting
|
| between persons for bona fide occupational qualifications or any reason except those civil-rights violations specifically identified in this Article.
|
|
(2) Veterans. Giving preferential treatment to
|
| veterans and their relatives as required by the laws or regulations of the United States or this State or a unit of local government, or pursuant to a private employer's voluntary veterans' preference employment policy authorized by the Veterans Preference in Private Employment Act.
|
|
(3) Unfavorable Discharge From Military Service.
(a) Using unfavorable discharge from military
|
| service as a valid employment criterion when authorized by federal law or regulation or when a position of employment involves the exercise of fiduciary responsibilities as defined by rules and regulations which the Department shall adopt; or
|
|
(b) Participating in a bona fide recruiting
|
| incentive program, sponsored by a branch of the United States Armed Forces, a reserve component of the United States Armed Forces, or any National Guard or Naval Militia, where participation in the program is limited by the sponsoring branch based upon the service member's discharge status.
|
|
(4) Ability Tests. Giving or acting upon the results
|
| of any professionally developed ability test provided that such test, its administration, or action upon the results, is not used as a subterfuge for or does not have the effect of unlawful discrimination.
|
|
(5) Merit and Retirement Systems.
(a) Applying different standards of compensation,
|
| or different terms, conditions or privileges of employment pursuant to a merit or retirement system provided that such system or its administration is not used as a subterfuge for or does not have the effect of unlawful discrimination.
|
|
(b) Effecting compulsory retirement of any
|
| employee who has attained 65 years of age and who, for the 2-year period immediately preceding retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of such plans of the employer of such employee, which equals, in the aggregate, at least $44,000. If any such retirement benefit is in a form other than a straight life annuity (with no ancillary benefits) or if the employees contribute to any such plan or make rollover contributions, the retirement benefit shall be adjusted in accordance with regulations prescribed by the Department, so that the benefit is the equivalent of a straight life annuity (with no ancillary benefits) under a plan to which employees do not contribute and under which no rollover contributions are made.
|
|
(c) Until January 1, 1994, effecting compulsory
|
| retirement of any employee who has attained 70 years of age, and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education as defined by Section 1201(a) of the Higher Education Act of 1965.
|
|
(6) Training and Apprenticeship programs.
|
| Establishing an educational requirement as a prerequisite to selection for a training or apprenticeship program, provided such requirement does not operate to discriminate on the basis of any prohibited classification except age.
|
|
(7) Police and Firefighter/Paramedic Retirement.
|
| Imposing a mandatory retirement age for firefighters/paramedics or law enforcement officers and discharging or retiring such individuals pursuant to the mandatory retirement age if such action is taken pursuant to a bona fide retirement plan provided that the law enforcement officer or firefighter/paramedic has attained:
|
|
(a) the age of retirement in effect under
|
| applicable State or local law on March 3, 1983; or
|
|
(b) if the applicable State or local law was
|
| enacted after the date of enactment of the federal Age Discrimination in Employment Act Amendments of 1996 (P.L. 104-208), the age of retirement in effect on the date of such discharge under such law.
|
|
This paragraph (7) shall not apply with respect to
|
| any cause of action arising under the Illinois Human Rights Act as in effect prior to the effective date of this amendatory Act of 1997.
|
|
(8) Police and Firefighter/Paramedic Appointment.
|
| Failing or refusing to hire any individual because of such individual's age if such action is taken with respect to the employment of an individual as a firefighter/paramedic or as a law enforcement officer and the individual has attained:
|
|
(a) the age of hiring or appointment in effect
|
| under applicable State or local law on March 3, 1983; or
|
|
(b) the age of hiring in effect on the date of
|
| such failure or refusal to hire under applicable State or local law enacted after the date of enactment of the federal Age Discrimination in Employment Act Amendments of 1996 (P.L. 104-208).
|
|
As used in paragraph (7) or (8):
"Firefighter/paramedic" means an employee, the duties
|
| of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, or to provide emergency medical services, including an employee engaged in this activity who is transferred to a supervisory or administrative position.
|
|
"Law enforcement officer" means an employee, the
|
| duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of criminal offenses, including an employee engaged in this activity who is transferred to a supervisory or administrative position.
|
|
(9) Citizenship Status. Making legitimate
|
| distinctions based on citizenship status if specifically authorized or required by State or federal law.
|
|
(B) With respect to any employee who is subject to a collective bargaining agreement:
(a) which is in effect on June 30, 1986,
(b) which terminates after January 1, 1987,
(c) any provision of which was entered into by a
|
| labor organization as defined by Section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
|
|
(d) which contains any provision that would be
|
| superseded by Public Act 85-748,
|
|
Public Act 85-748 shall not apply until the termination of such collective bargaining agreement or January 1, 1990, whichever occurs first.
(C)(1) For purposes of this Act, the term "disability" shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when an employer acts on the basis of such use.
(2) Paragraph (1) shall not apply where an employee or applicant for employment:
(a) has successfully completed a supervised drug
|
| rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;
|
|
(b) is participating in a supervised rehabilitation
|
| program and is no longer engaging in such use; or
|
|
(c) is erroneously regarded as engaging in such use,
|
| but is not engaging in such use.
|
|
It shall not be a violation of this Act for an employer to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subparagraph (a) or (b) is no longer engaging in the illegal use of drugs.
(3) An employer:
(a) may prohibit the illegal use of drugs and the use
|
| of alcohol at the workplace by all employees;
|
|
(b) may require that employees shall not be under the
|
| influence of alcohol or be engaging in the illegal use of drugs at the workplace;
|
|
(c) may require that employees behave in conformance
|
| with the requirements established under the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the Drug Free Workplace Act;
|
|
(d) may hold an employee who engages in the illegal
|
| use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such employer holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and
|
|
(e) may, with respect to federal regulations
|
| regarding alcohol and the illegal use of drugs, require that:
|
|
(i) employees comply with the standards
|
| established in such regulations of the United States Department of Defense, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the Department of Defense);
|
|
(ii) employees comply with the standards
|
| established in such regulations of the Nuclear Regulatory Commission, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and
|
|
(iii) employees comply with the standards
|
| established in such regulations of the United States Department of Transportation, if the employees of the employer are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions (as defined in the regulations of the United States Department of Transportation).
|
|
(4) For purposes of this Act, a test to determine the illegal use of drugs shall not be considered a medical examination. Nothing in this Act shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.
(5) Nothing in this Act shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by an employer subject to the jurisdiction of the United States Department of Transportation of authority to:
(a) test employees of such employer in, and
|
| applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and
|
|
(b) remove such persons who test positive for illegal
|
| use of drugs and on-duty impairment by alcohol pursuant to subparagraph (a) from safety-sensitive duties in implementing paragraph (3).
|
|
(D) Nothing contained in this Act shall require an employer to sponsor, either monetarily or otherwise, any applicant or employee to obtain or modify work authorization status, unless otherwise required by federal law.
(E) Nothing contained in this Act may be construed to obligate an employer, employment agency, or labor organization to make accommodations or modifications to reasonable workplace rules or policies for an employee based on family responsibilities, including accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits, as long as its rules or policies are applied in accordance with this Act. Further, nothing contained in this Act prevents an employer from taking adverse action or otherwise enforcing reasonable workplace rules or policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, referrals from a labor union hiring hall, and benefits against an employee with family responsibilities as long as its policies are applied in accordance with this Act.
(Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25.)
|
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative Action.
(A) Public Contracts. Every party to a public contract and every
eligible bidder shall:
(1) Refrain from unlawful discrimination and |
| discrimination based on citizenship status in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination;
|
|
(2) Comply with the procedures and requirements of
|
| the Department's regulations concerning equal employment opportunities and affirmative action;
|
|
(3) Provide such information, with respect to its
|
| employees and applicants for employment, and assistance as the Department may reasonably request;
|
|
(4) Have written sexual harassment policies that
|
| shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Sections 6-101 and 6-101.5 of this Act. A copy of the policies shall be provided to the Department upon request. Additionally, each bidder who submits a bid or offer for a State contract under the Illinois Procurement Code shall have a written copy of the bidder's sexual harassment policy as required under this paragraph (4). A copy of the policy shall be provided to the State agency entering into the contract upon request.
|
|
The Department, by rule, shall establish a reasonable opportunity to cure any noncompliance with this subsection by a bidder prior to the awarding of a contract.
(B) State Agencies. Every State executive department, State agency,
board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of
|
| the Department's regulations concerning equal employment opportunities and affirmative action.
|
|
(2) Provide such information and assistance as the
|
|
(3) Establish, maintain, and carry out a continuing
|
| affirmative action plan consistent with this Act and the regulations of the Department designed to promote equal opportunity for all State residents in every aspect of agency personnel policy and practice. For purposes of these affirmative action plans, the race and national origin categories to be included in the plans are: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander.
|
|
This plan shall include a current detailed status
|
|
(a) indicating, by each position in State
|
| service, the number, percentage, and average salary of individuals employed by race, national origin, sex and disability, and any other category that the Department may require by rule;
|
|
(b) identifying all positions in which the
|
| percentage of the people employed by race, national origin, sex and disability, and any other category that the Department may require by rule, is less than four-fifths of the percentage of each of those components in the State work force;
|
|
(c) specifying the goals and methods for
|
| increasing the percentage by race, national origin, sex, and disability, and any other category that the Department may require by rule, in State positions;
|
|
(d) indicating progress and problems toward
|
| meeting equal employment opportunity goals, including, if applicable, but not limited to, Department of Central Management Services recruitment efforts, publicity, promotions, and use of options designating positions by linguistic abilities;
|
|
(e) establishing a numerical hiring goal for the
|
| employment of qualified persons with disabilities in the agency as a whole, to be based on the proportion of people with work disabilities in the Illinois labor force as reflected in the most recent employment data made available by the United States Census Bureau.
|
|
(4) If the agency has 1000 or more employees, appoint
|
| a full-time Equal Employment Opportunity officer, subject to the Department's approval, whose duties shall include:
|
|
(a) Advising the head of the particular State
|
| agency with respect to the preparation of equal employment opportunity programs, procedures, regulations, reports, and the agency's affirmative action plan.
|
|
(b) Evaluating in writing each fiscal year the
|
| sufficiency of the total agency program for equal employment opportunity and reporting thereon to the head of the agency with recommendations as to any improvement or correction in recruiting, hiring or promotion needed, including remedial or disciplinary action with respect to managerial or supervisory employees who have failed to cooperate fully or who are in violation of the program.
|
|
(c) Making changes in recruitment, training and
|
| promotion programs and in hiring and promotion procedures designed to eliminate discriminatory practices when authorized.
|
|
(d) Evaluating tests, employment policies,
|
| practices, and qualifications and reporting to the head of the agency and to the Department any policies, practices and qualifications that have unequal impact by race, national origin as required by Department rule, sex, or disability or any other category that the Department may require by rule, and to assist in the recruitment of people in underrepresented classifications. This function shall be performed in cooperation with the Department of Central Management Services.
|
|
(e) Making any aggrieved employee or applicant
|
| for employment aware of his or her remedies under this Act.
|
|
In any meeting, investigation, negotiation,
|
| conference, or other proceeding between a State employee and an Equal Employment Opportunity officer, a State employee (1) who is not covered by a collective bargaining agreement and (2) who is the complaining party or the subject of such proceeding may be accompanied, advised and represented by (1) an attorney licensed to practice law in the State of Illinois or (2) a representative of an employee organization whose membership is composed of employees of the State and of which the employee is a member. A representative of an employee, other than an attorney, may observe but may not actively participate, or advise the State employee during the course of such meeting, investigation, negotiation, conference, or other proceeding. Nothing in this Section shall be construed to permit any person who is not licensed to practice law in Illinois to deliver any legal services or otherwise engage in any activities that would constitute the unauthorized practice of law. Any representative of an employee who is present with the consent of the employee, shall not, during or after termination of the relationship permitted by this Section with the State employee, use or reveal any information obtained during the course of the meeting, investigation, negotiation, conference, or other proceeding without the consent of the complaining party and any State employee who is the subject of the proceeding and pursuant to rules and regulations governing confidentiality of such information as promulgated by the appropriate State agency. Intentional or reckless disclosure of information in violation of these confidentiality requirements shall constitute a Class B misdemeanor.
|
|
(5) Establish, maintain, and carry out a continuing
|
| sexual harassment program that shall include the following:
|
|
(a) Develop a written sexual harassment policy
|
| that includes at a minimum the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the agency's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. The policy shall be reviewed annually.
|
|
(b) Post in a prominent and accessible location
|
| and distribute in a manner to assure notice to all agency employees without exception the agency's sexual harassment policy. Such documents may meet, but shall not exceed, the 6th grade literacy level. Distribution shall be effectuated within 90 days of the effective date of this amendatory Act of 1992 and shall occur annually thereafter.
|
|
(c) Provide training on sexual harassment
|
| prevention and the agency's sexual harassment policy as a component of all ongoing or new employee training programs.
|
|
(6) Notify the Department 30 days before effecting
|
| any layoff. Once notice is given, the following shall occur:
|
|
(a) No layoff may be effective earlier than 10
|
| working days after notice to the Department, unless an emergency layoff situation exists.
|
|
(b) The State executive department, State agency,
|
| board, commission, or instrumentality in which the layoffs are to occur must notify each employee targeted for layoff, the employee's union representative (if applicable), and the State Dislocated Worker Unit at the Department of Commerce and Economic Opportunity.
|
|
(c) The State executive department, State agency,
|
| board, commission, or instrumentality in which the layoffs are to occur must conform to applicable collective bargaining agreements.
|
|
(d) The State executive department, State agency,
|
| board, commission, or instrumentality in which the layoffs are to occur should notify each employee targeted for layoff that transitional assistance may be available to him or her under the Economic Dislocation and Worker Adjustment Assistance Act administered by the Department of Commerce and Economic Opportunity. Failure to give such notice shall not invalidate the layoff or postpone its effective date.
|
|
As used in this subsection (B), "disability" shall be defined in
rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation for any
public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
|
| eligible bidder's duty to refrain from unlawful discrimination and discrimination based on citizenship status in employment under subsection (A)(1) of this Section; or
|
|
(2) fail to comply with the public contractor's or
|
| eligible bidder's duties of affirmative action under subsection (A) of this Section, provided however, that the Department has notified the public contractor or eligible bidder in writing by certified mail that the public contractor or eligible bidder may not be in compliance with affirmative action requirements of subsection (A). A minimum of 60 days to comply with the requirements shall be afforded to the public contractor or eligible bidder before the Department may issue formal notice of non-compliance.
|
|
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
|
| having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
|
|
(2) "Asian" means a person having origins in any of
|
| the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
|
|
(3) "Black or African American" means a person having
|
| origins in any of the black racial groups of Africa.
|
|
(4) "Hispanic or Latino" means a person of Cuban,
|
| Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
|
|
(5) "Native Hawaiian or Other Pacific Islander" means
|
| a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
|
|
(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22 .)
|
(775 ILCS 5/2-108) (Section scheduled to be repealed on January 1, 2030) Sec. 2-108. Employer disclosure requirements. (A) Definitions. The following definitions are applicable strictly to this Section: (1) "Employer" means: (a) any person employing one or more employees |
|
(b) a labor organization; or
(c) the State and any political subdivision,
|
| municipal corporation, or other governmental unit or agency, without regard to the number of employees.
|
|
(2) "Settlement" means any written commitment or
|
| written agreement, including any agreed judgment, stipulation, decree, agreement to settle, assurance of discontinuance, or otherwise between an employee, as defined by subsection (A) of Section 2-101, or a nonemployee to whom an employer owes a duty under this Act pursuant to subsection (A-10) or (D-5) of Section 2-102, and an employer under which the employer directly or indirectly provides to an individual compensation or other consideration due to an allegation that the individual has been a victim of sexual harassment or unlawful discrimination under this Act.
|
|
(3) "Adverse judgment or administrative ruling" means
|
| any final and non-appealable adverse judgment or final and non-appealable administrative ruling entered in favor of an employee as defined by subsection (A) of Section 2-101 or a nonemployee to whom an employer owes a duty under this Act pursuant to subsection (A-10) or (D-5) of Section 2-102, and against the employer during the preceding year in which there was a finding of sexual harassment or unlawful discrimination brought under this Act, Title VII of the Civil Rights Act of 1964, or any other federal, State, or local law prohibiting sexual harassment or unlawful discrimination.
|
|
(B) Required disclosures. Beginning July 1, 2020, and by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling against it in the preceding calendar year, as provided in this Section, shall disclose annually to the Department of Human Rights the following information:
(1) the total number of adverse judgments or
|
| administrative rulings during the preceding year;
|
|
(2) whether any equitable relief was ordered against
|
| the employer in any adverse judgment or administrative ruling described in paragraph (1);
|
|
(3) how many adverse judgments or administrative
|
| rulings described in paragraph (1) are in each of the following categories:
|
|
(a) sexual harassment;
(b) discrimination or harassment on the basis of
|
|
(c) discrimination or harassment on the basis of
|
| race, color, or national origin;
|
|
(d) discrimination or harassment on the basis of
|
|
(e) discrimination or harassment on the basis of
|
|
(f) discrimination or harassment on the basis of
|
|
(g) discrimination or harassment on the basis of
|
| military status or unfavorable discharge from military status;
|
|
(h) discrimination or harassment on the basis of
|
| sexual orientation or gender identity; and
|
|
(i) discrimination or harassment on the basis of
|
| any other characteristic protected under this Act.
|
|
(C) Settlements. If the Department is investigating a charge filed pursuant to this Act, the Department may request the employer responding to the charge to submit the total number of settlements entered into during the preceding 5 years, or less at the direction of the Department, that relate to any alleged act of sexual harassment or unlawful discrimination that:
(1) occurred in the workplace of the employer; or
(2) involved the behavior of an employee of the
|
| employer or a corporate executive of the employer, without regard to whether that behavior occurred in the workplace of the employer.
|
|
The total number of settlements entered into during the requested period shall be reported along with how many settlements are in each of the following categories, when requested by the Department pursuant to this subsection:
(a) sexual harassment;
(b) discrimination or harassment on the basis of sex;
(c) discrimination or harassment on the basis of
|
| race, color, or national origin;
|
|
(d) discrimination or harassment on the basis of
|
|
(e) discrimination or harassment on the basis of age;
(f) discrimination or harassment on the basis of
|
|
(g) discrimination or harassment on the basis of
|
| military status or unfavorable discharge from military status;
|
|
(h) discrimination or harassment on the basis of
|
| sexual orientation or gender identity; and
|
|
(i) discrimination or harassment on the basis of any
|
| other characteristic protected under this Act;
|
|
The Department shall not rely on the existence of any settlement agreement to support a finding of substantial evidence under this Act.
(D) Prohibited disclosures. An employer may not disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required under this Section.
(E) Annual report. The Department shall publish an annual report aggregating the information reported by employers under subsection (B) of this Section such that no individual employer data is available to the public. The report shall include the number of adverse judgments or administrative rulings filed during the preceding calendar year based on each of the protected classes identified by this Act.
The report shall be filed with the General Assembly and made available to the public by December 31 of each reporting year. Data submitted by an employer to comply with this Section is confidential and exempt from the Freedom of Information Act.
(F) Failure to report and penalties. If an employer fails to make any disclosures required under this Section, the Department shall issue a notice to show cause giving the employer 30 days to disclose the required information. If the employer does not make the required disclosures within 30 days, the Department shall petition the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights' Training and Development Fund.
(G) Rules. The Department shall adopt any rules it deems necessary for implementation of this Section.
(H) This Section is repealed on January 1, 2030.
(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 shall
prohibit:
(A) Private Sales of Single Family Homes. (1) Any sale of a single family home by its owner so |
| long as the following criteria are met:
|
|
(a) The owner does not own or have a beneficial
|
| interest in more than 3 single family homes at the time of the sale;
|
|
(b) The owner or a member of the owner's family
|
| was the last current resident of the home;
|
|
(c) The home is sold without the use in any
|
| manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman;
|
|
(d) The home is sold without the publication,
|
| posting or mailing, after notice, of any advertisement or written notice in violation of paragraph (F) of Section 3-102.
|
|
(2) This exemption does not apply to paragraph (F) of
|
|
(B) Apartments. Rental of a housing accommodation in a building
which contains housing accommodations for not more than 4 families
living independently of each other, if the owner resides in one of the housing accommodations.
This exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. Rental of a room or rooms in a private home by
an owner if the owner or a member of the owner's family resides therein or,
while absent for a period of not more than 12 months, if the owner or a
member of the owner's family intends to return to reside therein.
This exemption does not apply to paragraph (F) of Section 3-102.
(D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling.
(E) Religious Organizations. A religious organization, association,
or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental or
occupancy of a dwelling which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin.
(F) Sex. Restricting the rental of rooms in a housing accommodation to
persons of one sex.
(G) Persons Convicted of Drug-Related Offenses.
Conduct against a person because such person has been convicted by
any court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
(H) Persons engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than those based on
unlawful discrimination or familial status or source of income in furnishing appraisals.
(H-1) The owner of an owner-occupied residential building with 4 or
fewer units (including the unit in which the owner resides) from making
decisions regarding whether to rent to a person based upon that person's
sexual orientation.
(I) Housing for Older Persons. No provision in this Article regarding
familial status shall apply with respect to housing for older persons.
(1) As used in this Section, "housing for older
|
|
(a) provided under any State or Federal program
|
| that the Department determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
|
|
(b) intended for, and solely occupied by, persons
|
| 62 years of age or older; or
|
|
(c) intended and operated for occupancy by
|
| persons 55 years of age or older and:
|
|
(i) at least 80% of the occupied units are
|
| occupied by at least one person who is 55 years of age or older;
|
|
(ii) the housing facility or community
|
| publishes and adheres to policies and procedures that demonstrate the intent required under this subdivision (c); and
|
|
(iii) the housing facility or community
|
| complies with rules adopted by the Department for verification of occupancy, which shall:
|
|
(aa) provide for verification by reliable
|
| surveys and affidavits; and
|
|
(bb) include examples of the types of
|
| policies and procedures relevant to a determination of compliance with the requirement of clause (ii).
|
|
These surveys and affidavits shall be admissible in
|
| administrative and judicial proceedings for the purposes of such verification.
|
|
(2) Housing shall not fail to meet the requirements
|
| for housing for older persons by reason of:
|
|
(a) persons residing in such housing as of the
|
| effective date of this amendatory Act of 1989 who do not meet the age requirements of subsections (1)(b) or (c); provided, that new occupants of such housing meet the age requirements of subsections (1)(b) or (c) of this subsection; or
|
|
(b) unoccupied units; provided, that such units
|
| are reserved for occupancy by persons who meet the age requirements of subsections (1)(b) or (c) of this subsection.
|
|
(3)(a) A person shall not be held personally liable
|
| for monetary damages for a violation of this Article if the person reasonably relied, in good faith, on the application of the exemption under this subsection (I) relating to housing for older persons.
|
|
(b) For the purposes of this item (3), a person may
|
| show good faith reliance on the application of the exemption only by showing that:
|
|
(i) the person has no actual knowledge that the
|
| facility or community is not, or will not be, eligible for the exemption; and
|
|
(ii) the facility or community has stated
|
| formally, in writing, that the facility or community complies with the requirements for the exemption.
|
|
(J) Child Sex Offender Refusal to Rent. Refusal of a child sex offender who owns and resides at residential real estate to rent any residential unit within the same building in which the child sex offender resides to a person who is the parent or guardian of a child or children under 18 years of age.
(K) Arrest Records. Inquiry into or the use of an arrest record if the inquiry or use is otherwise authorized by State or federal law.
(L) Financial Institutions. A financial institution as defined in Article 4 from considering source of income or immigration status in a real estate transaction in compliance with State or federal law.
(M) Immigration Status. Inquiry into or the use of immigration status if the inquiry or use is in compliance with State or federal law.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24 .)
|
(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
Sec. 5-101. Definitions. The following definitions are applicable
strictly in the context of this Article:
(A) Place of Public Accommodation. "Place of public
accommodation" includes, but is not limited to:
(1) an inn, hotel, motel, or other place of lodging, |
| except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
|
|
(2) a restaurant, bar, or other establishment serving
|
|
(3) a motion picture house, theater, concert hall,
|
| stadium, or other place of exhibition or entertainment;
|
|
(4) an auditorium, convention center, lecture hall,
|
| or other place of public gathering;
|
|
(5) a bakery, grocery store, clothing store, hardware
|
| store, shopping center, or other sales or rental establishment;
|
|
(6) a laundromat, dry-cleaner, bank, barber shop,
|
| beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
|
|
(7) public conveyances on air, water, or land;
(8) a terminal, depot, or other station used for
|
| specified public transportation;
|
|
(9) a museum, library, gallery, or other place of
|
| public display or collection;
|
|
(10) a park, zoo, amusement park, or other place of
|
|
(11) a non-sectarian nursery, day care center,
|
| elementary, secondary, undergraduate, or postgraduate school, or other place of education;
|
|
(12) a senior citizen center, homeless shelter, food
|
| bank, non-sectarian adoption agency, or other social service center establishment; and
|
|
(13) a gymnasium, health spa, bowling alley, golf
|
| course, or other place of exercise or recreation.
|
|
(B) Operator. "Operator" means any owner, lessee, proprietor,
manager, superintendent, agent, or occupant of a place of public
accommodation or an employee of any such person or persons.
(C) Public Official. "Public official" means any officer or employee
of the state or any agency thereof, including state political subdivisions,
municipal corporations, park districts, forest preserve districts, educational
institutions, and schools.
(Source: P.A. 100-863, eff. 8-14-18.)
|
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are applicable
strictly in the content of this Article, except that the term "sexual
harassment
in elementary, secondary, and
higher education" as defined herein has the meaning herein ascribed to
it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher Education. "Institution of elementary, secondary, or higher education"
means: (1) a
publicly or privately operated university, college,
community
college, junior college, business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary
school level; or
(2) a publicly or privately operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a
designation, appellation,
series of letters
or words or other symbols which signifies or purports to signify that the
recipient thereof has satisfactorily completed an organized academic, business
or vocational program of study offered beyond the
secondary
school level; or (2) a designation signifying that the recipient has
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or applying for
admission to an institution of elementary, secondary, or higher education, or
enrolled on a full or
part time basis in a course or program of academic, business or vocational
instruction offered by or through an institution of elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education Representative. "Elementary, secondary, or higher education
representative"
means and includes the president, chancellor or other holder of any executive
office on the administrative staff of an institution of higher education,
an administrator of an elementary school or secondary school, a
member of the faculty of an institution of higher education,
including
but not limited to a dean or associate or assistant dean, a professor or
associate or assistant professor, and a full or part time instructor or
visiting professor, including a graduate assistant or other student who
is employed on a temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or vocational
instruction offered by or through an institution of higher education, and any
teacher, instructor, or other employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher Education. "Sexual harassment in
elementary, secondary, and
higher
education" means any unwelcome sexual advances or requests for sexual favors
made by an elementary, secondary, or
higher
education representative to a student, or any
conduct of
a sexual nature exhibited by
an elementary, secondary, or
higher education representative
toward a
student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating,
hostile or offensive educational environment; or when the elementary, secondary, or higher education
representative either explicitly or implicitly makes the student's submission
to such conduct a term or condition of, or uses the student's submission
to or rejection of such conduct as a basis for determining:
(1) Whether the student will be admitted to an |
| institution of elementary, secondary, or higher education;
|
|
(2) The educational performance required or expected
|
|
(3) The attendance or assignment requirements
|
| applicable to the student;
|
|
(4) To what courses, fields of study or programs,
|
| including honors and graduate programs, the student will be admitted;
|
|
(5) What placement or course proficiency requirements
|
| are applicable to the student;
|
|
(6) The quality of instruction the student will
|
|
(7) What tuition or fee requirements are applicable
|
|
(8) What scholarship opportunities are available to
|
|
(9) What extracurricular teams the student will be a
|
| member of or in what extracurricular competitions the student will participate;
|
|
(10) Any grade the student will receive in any
|
| examination or in any course or program of instruction in which the student is enrolled;
|
|
(11) The progress of the student toward successful
|
| completion of or graduation from any course or program of instruction in which the student is enrolled; or
|
|
(12) What degree, if any, the student will receive.
(F) Harassment in Elementary, Secondary, or Higher Education. "Harassment in elementary, secondary, or higher education" means any unwelcome conduct by an elementary, secondary or higher education representative toward a student
on the basis of a student's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, or offensive educational environment.
(G) Educational Environment. "Educational environment" includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law.
(Source: P.A. 103-472, eff. 8-1-24 .)
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(775 ILCS 5/5A-103) Sec. 5A-103. Discrimination and harassment based on race, color, or national origin; and retaliation. (a) The General Assembly finds that harassment and discrimination based on race, color, or national origin has a detrimental influence in schools, contributing to psychological and physical harm and poorer academic outcomes for students of color, and higher rates of teacher turnover among teachers of color. It is the General Assembly's intent that each institution of elementary and secondary education in the State adopt and actively implement policies to reduce and respond effectively to harassment and discrimination based on race, color, and national origin; to provide students, parents or guardians, and employees information on how to recognize and report harassment and discrimination; and, for students, parents or guardians, and employees, to report harassment and discrimination based on race, color, or national origin without fear of retaliation, loss of status, or loss of opportunities. (b) The Department shall produce a model training program aimed at the prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. The model program shall be made available to institutions of elementary and secondary education and to the public online at no cost. This model program shall regard participants as potential bystanders, rather than potential offenders, and include, at a minimum, the following: (1) a primary focus on preventing discrimination and |
| harassment based on race, color, and national origin and retaliation;
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(2) an explanation of discrimination and harassment
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| based on race, color, and national origin and retaliation;
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(3) examples of conduct that constitutes
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| discrimination and harassment based on race, color, and national origin and retaliation;
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(4) an explanation, with examples, of how patterns of
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| conduct can, taken together over time, rise to the level of bullying, harassment, or discrimination;
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(5) an explanation of the difference between
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| discrimination based on disparate treatment and discrimination based on disparate impact;
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(6) a summary of other classes that are protected
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| from harassment and discrimination, and a statement that training intended to improve recognition of discrimination and harassment based on race, color, and national origin does not diminish protections under the law for other protected classes;
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(7) an explanation of the difference between
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| harassment as defined under this Act and bullying;
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(8) a summary of relevant federal and State statutory
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| protections and remedies available to victims concerning discrimination and harassment based on race, color, and national origin, and retaliation, including, but not limited to, a summary of this Act's protections from discrimination, harassment and retaliation in the following contexts:
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(a) students toward other students;
(b) teachers and other employees of an elementary
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| or secondary school toward students;
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(c) students toward teachers and other employees
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| of an elementary or secondary school; and
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(d) teachers and other employees of an elementary
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| or secondary school toward other teachers and employees of an elementary or secondary school.
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(9) directions on how to contact the Department if a
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| school fails to take corrective action to stop the harassment or discrimination;
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(10) a summary of responsibilities of institutions of
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| elementary or secondary education in the prevention, investigation, and corrective measures of discrimination, harassment, and retaliation, including, but not limited to, explanation of responsibilities in the following contexts:
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(a) students toward other students;
(b) teachers and other employees of an elementary
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| or secondary school toward students;
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(c) students toward teachers and other employees
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| of an elementary or secondary school; and
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(d) teachers and other employees of an elementary
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| or secondary school toward other teachers and employees of an elementary or secondary school; and
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(11) an explanation of the liability for
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| discrimination, harassment, and retaliation under this Act.
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(c) Every institution of elementary or secondary education in this State shall use the model training program developed by the Department, establish its own training program that equals or exceeds the minimum standards set forth in subsection (b), or use an existing discrimination and harassment prevention training program that equals or exceeds the minimum standards set forth in subsection (b). The training program shall be provided as a component of all new employee training programs for elementary and secondary education representatives and to existing representatives at least once every 2 years. For the purposes of satisfying the requirements under this Section, the Department's model program may be used to supplement any existing program an institution of elementary or secondary education is utilizing or develops.
(d) Upon notification of a violation of subsection (c), the Department may launch a preliminary investigation. If the Department finds a violation of this Section, the Department may issue a notice to show cause, giving the institution of elementary or secondary education 30 days to correct the violation. If the institution of elementary or secondary education does not correct the violation within 30 days, the Department may initiate a charge of a civil rights violation.
(Source: P.A. 103-472, eff. 8-1-24 .)
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(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar days after the date that a |
| civil rights violation allegedly has been committed, a charge in writing under oath or affirmation may be filed with the Department by an aggrieved party or issued by the Department itself under the signature of the Director.
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(2) The charge shall be in such detail as to
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| substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged civil rights violation.
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(3) Charges deemed filed with the Department pursuant
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| to subsection (A-1) of this Section shall be deemed to be in compliance with this subsection.
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(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
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| Opportunity Commission (EEOC) within 300 calendar days after the date of the alleged civil rights violation, the charge shall be deemed filed with the Department on the date filed with the EEOC. If the EEOC is the governmental agency designated to investigate the charge first, the Department shall take no action until the EEOC makes a determination on the charge and after the complainant notifies the Department of the EEOC's determination. In such cases, after receiving notice from the EEOC that a charge was filed, the Department shall notify the parties that (i) a charge has been received by the EEOC and has been sent to the Department for dual filing purposes; (ii) the EEOC is the governmental agency responsible for investigating the charge and that the investigation shall be conducted pursuant to the rules and procedures adopted by the EEOC; (iii) it will take no action on the charge until the EEOC issues its determination; (iv) the complainant must submit a copy of the EEOC's determination within 30 days after service of the determination by the EEOC on the complainant; and (v) that the time period to investigate the charge contained in subsection (G) of this Section is tolled from the date on which the charge is filed with the EEOC until the EEOC issues its determination.
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(2) If the EEOC finds reasonable cause to believe
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| that there has been a violation of federal law and if the Department is timely notified of the EEOC's findings by the complainant, the Department shall notify the complainant that the Department has adopted the EEOC's determination of reasonable cause and that the complainant has the right, within 90 days after receipt of the Department's notice, to either file the complainant's own complaint with the Illinois Human Rights Commission or commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. This notice shall be provided to the complainant within 10 business days after the Department's receipt of the EEOC's determination. The Department's notice to the complainant that the Department has adopted the EEOC's determination of reasonable cause shall constitute the Department's Report for purposes of subparagraph (D) of this Section.
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(3) For those charges alleging violations within the
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| jurisdiction of both the EEOC and the Department and for which the EEOC either (i) does not issue a determination, but does issue the complainant a notice of a right to sue, including when the right to sue is issued at the request of the complainant, or (ii) determines that it is unable to establish that illegal discrimination has occurred and issues the complainant a right to sue notice, and if the Department is timely notified of the EEOC's determination by the complainant, the Department shall notify the parties, within 10 business days after receipt of the EEOC's determination, that the Department will adopt the EEOC's determination as a dismissal for lack of substantial evidence unless the complainant requests in writing within 35 days after receipt of the Department's notice that the Department review the EEOC's determination.
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(a) If the complainant does not file a written
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| request with the Department to review the EEOC's determination within 35 days after receipt of the Department's notice, the Department shall notify the complainant, within 10 business days after the expiration of the 35-day period, that the decision of the EEOC has been adopted by the Department as a dismissal for lack of substantial evidence and that the complainant has the right, within 90 days after receipt of the Department's notice, to commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. The Department's notice to the complainant that the Department has adopted the EEOC's determination shall constitute the Department's report for purposes of subparagraph (D) of this Section.
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(b) If the complainant does file a written
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| request with the Department to review the EEOC's determination, the Department shall review the EEOC's determination and any evidence obtained by the EEOC during its investigation. If, after reviewing the EEOC's determination and any evidence obtained by the EEOC, the Department determines there is no need for further investigation of the charge, the Department shall issue a report and the Director shall determine whether there is substantial evidence that the alleged civil rights violation has been committed pursuant to subsection (D) of this Section. If, after reviewing the EEOC's determination and any evidence obtained by the EEOC, the Department determines there is a need for further investigation of the charge, the Department may conduct any further investigation it deems necessary. After reviewing the EEOC's determination, the evidence obtained by the EEOC, and any additional investigation conducted by the Department, the Department shall issue a report and the Director shall determine whether there is substantial evidence that the alleged civil rights violation has been committed pursuant to subsection (D) of this Section.
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(4) Pursuant to this Section, if the EEOC dismisses
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| the charge or a portion of the charge of discrimination because, under federal law, the EEOC lacks jurisdiction over the charge, and if, under this Act, the Department has jurisdiction over the charge of discrimination, the Department shall investigate the charge or portion of the charge dismissed by the EEOC for lack of jurisdiction pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), (E), (F), (G), (H), (I), (J), and (K) of this Section.
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(5) The time limit set out in subsection (G) of this
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| Section is tolled from the date on which the charge is filed with the EEOC to the date on which the EEOC issues its determination.
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(6) The failure of the Department to meet the
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| 10-business-day notification deadlines set out in paragraph (2) of this subsection shall not impair the rights of any party.
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(B) Notice and Response to Charge.
The Department shall, within 10
days of the date on which the charge
was filed, serve a copy of the charge on the respondent and provide all parties with a notice of the complainant's right to opt out of the investigation within 60 days as set forth in subsection (C-1). This period shall
not be construed to be jurisdictional. The charging party and the respondent
may each file a position statement and other materials with the Department
regarding the charge of alleged discrimination within 60 days of receipt of the
notice of the charge. The position statements and other materials filed shall
remain confidential unless otherwise agreed to by the party providing the
information and shall not be served on or made available to the other
party during the pendency
of a charge with the Department. The Department may
require the respondent to file a response to
the allegations contained in the charge. Upon the Department's request, the respondent shall
file a response to the charge within 60 days and shall serve a copy
of its response on the
complainant or the complainant's representative. Notwithstanding any request from the Department,
the respondent may elect to file a response to the charge
within 60 days of receipt of notice of the charge, provided the respondent serves a copy of its response on the complainant or the complainant's representative. All allegations contained in the charge
not denied by the respondent within 60 days of the Department's request for a response may be deemed admitted, unless the
respondent states that it is without sufficient information to
form a belief with respect to such allegation. The Department may issue
a notice of default directed to any respondent who fails to file a
response to a charge within 60 days of receipt of the Department's request,
unless the respondent can
demonstrate good cause as
to why such notice should not issue. The term "good cause" shall be defined by rule promulgated by the Department. Within 30 days of receipt
of the respondent's response, the complainant may file a
reply to
said response and
shall serve
a copy of said reply on the respondent or the respondent's representative. A party
shall have the right to supplement the party's response or reply at any time that
the investigation of the charge is pending. The Department shall,
within 10 days of the date on which the charge was filed,
and again no later than 335 days thereafter,
send by certified or registered mail, or electronic mail if elected by the party, written notice to the complainant
and to the respondent
informing the complainant
of the complainant's rights to either file a complaint with the Human
Rights Commission or commence a civil action in the appropriate circuit court
under subparagraph (2) of paragraph (G), including in such notice the dates
within which the complainant may exercise these rights.
In the notice the Department shall notify the complainant that the
charge of civil rights violation will be dismissed with prejudice and with no
right to further proceed if a written complaint is not timely filed with
the Commission or with the appropriate circuit court by the complainant pursuant to subparagraph (2) of paragraph (G)
or by the Department pursuant to subparagraph (1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree to voluntarily
submit the charge
to mediation without waiving any rights that are otherwise available to
either party pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring in mediation
shall
be disclosed by the Department or admissible in evidence in any subsequent
proceeding unless the complainant and the respondent agree in writing that such
disclosure be made.
(C) Investigation.
(1) The Department shall conduct an investigation
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| sufficient to determine whether the allegations set forth in the charge are supported by substantial evidence unless the complainant elects to opt out of an investigation pursuant to subsection (C-1).
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(2) The Director or the Director's designated
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| representatives shall have authority to request any member of the Commission to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records or documents whatsoever.
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(3) If any witness whose testimony is required for
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| any investigation resides outside the State, or through illness or any other good cause as determined by the Director is unable to be interviewed by the investigator or appear at a fact finding conference, the witness' testimony or deposition may be taken, within or without the State, in the same manner as is provided for in the taking of depositions in civil cases in circuit courts.
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(4) Upon reasonable notice to the complainant and the
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| respondent, the Department shall conduct a fact finding conference, unless prior to 365 days after the date on which the charge was filed the Director has determined whether there is substantial evidence that the alleged civil rights violation has been committed, the charge has been dismissed for lack of jurisdiction, or the parties voluntarily and in writing agree to waive the fact finding conference. Any party's failure to attend the conference without good cause shall result in dismissal or default. The term "good cause" shall be defined by rule promulgated by the Department. A notice of dismissal or default shall be issued by the Director. The notice of default issued by the Director shall notify the respondent that a request for review may be filed in writing with the Commission within 30 days of receipt of notice of default. The notice of dismissal issued by the Director shall give the complainant notice of the complainant's right to seek review of the dismissal before the Human Rights Commission or commence a civil action in the appropriate circuit court. If the complainant chooses to have the Human Rights Commission review the dismissal order, the complainant shall file a request for review with the Commission within 90 days after receipt of the Director's notice. If the complainant chooses to file a request for review with the Commission, the complainant may not later commence a civil action in a circuit court. If the complainant chooses to commence a civil action in a circuit court, the complainant must do so within 90 days after receipt of the Director's notice.
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(C-1) Opt out of Department's investigation. At any time within 60 days after receipt of notice of the right to opt out, a complainant may submit a written request seeking notice from the Director indicating that the complainant has opted out of the investigation and may commence a civil action in the appropriate circuit court or other appropriate court of competent jurisdiction. Within 10 business days of receipt of the complainant's request to opt out of the investigation, the Director shall issue a notice to the parties stating that: (i) the complainant has exercised the right to opt out of the investigation; (ii) the complainant has 90 days after receipt of the Director's notice to commence an action in the appropriate circuit court or other appropriate court of competent jurisdiction; and (iii) the Department has ceased its investigation and is administratively closing the charge. The complainant shall notify the Department that a complaint has been filed with the appropriate circuit court by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the appropriate circuit court. This 21-day period for service on the chief legal counsel
shall not be construed to be jurisdictional. Once a complainant has opted out of the investigation under this subsection, the complainant may not file or refile a substantially similar charge with the Department arising from the same incident of unlawful discrimination or harassment.
(D) Report.
(1) Each charge investigated under subsection (C)
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| shall be the subject of a report to the Director. The report shall be a confidential document subject to review by the Director, authorized Department employees, the parties, and, where indicated by this Act, members of the Commission or their designated hearing officers.
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(2) Upon review of the report, the Director shall
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| determine whether there is substantial evidence that the alleged civil rights violation has been committed. The determination of substantial evidence is limited to determining the need for further consideration of the charge pursuant to this Act and includes, but is not limited to, findings of fact and conclusions, as well as the reasons for the determinations on all material issues. Substantial evidence is evidence which a reasonable mind accepts as sufficient to support a particular conclusion and which consists of more than a mere scintilla but may be somewhat less than a preponderance.
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(3) If the Director determines that there is no
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| substantial evidence, the charge shall be dismissed by the Director and the Director shall give the complainant notice of the complainant's right to seek review of the notice of dismissal before the Commission or commence a civil action in the appropriate circuit court. If the complainant chooses to have the Human Rights Commission review the notice of dismissal, the complainant shall file a request for review with the Commission within 90 days after receipt of the Director's notice. If the complainant chooses to file a request for review with the Commission, the complainant may not later commence a civil action in a circuit court. If the complainant chooses to commence a civil action in a circuit court, the complainant must do so within 90 days after receipt of the Director's notice. The complainant shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed in circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(4) If the Director determines that there is
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| substantial evidence, the Director shall notify the complainant and respondent of that determination. The Director shall also notify the parties that the complainant has the right to either commence a civil action in the appropriate circuit court or request that the Department of Human Rights file a complaint with the Human Rights Commission on the complainant's behalf. Any such complaint shall be filed within 90 days after receipt of the Director's notice. If the complainant chooses to have the Department file a complaint with the Human Rights Commission on the complainant's behalf, the complainant must, within 30 days after receipt of the Director's notice, request in writing that the Department file the complaint. If the complainant timely requests that the Department file the complaint, the Department shall file the complaint on the complainant's behalf. If the complainant fails to timely request that the Department file the complaint, the complainant may file the complainant's complaint with the Commission or commence a civil action in the appropriate circuit court. If the complainant files a complaint with the Human Rights Commission, the complainant shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Human Rights Commission. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(E) Conciliation.
(1) When there is a finding of substantial evidence,
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| the Department may designate a Department employee who is an attorney licensed to practice in Illinois to endeavor to eliminate the effect of the alleged civil rights violation and to prevent its repetition by means of conference and conciliation.
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(2) When the Department determines that a formal
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| conciliation conference is necessary, the complainant and respondent shall be notified of the time and place of the conference by registered or certified mail at least 10 days prior thereto and either or both parties shall appear at the conference in person or by attorney.
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(3) The place fixed for the conference shall be
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| within 35 miles of the place where the civil rights violation is alleged to have been committed.
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(4) Nothing occurring at the conference shall be
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| disclosed by the Department unless the complainant and respondent agree in writing that such disclosure be made.
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(5) The Department's efforts to conciliate the matter
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| shall not stay or extend the time for filing the complaint with the Commission or the circuit court.
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(F) Complaint.
(1) When the complainant requests that the Department
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| file a complaint with the Commission on the complainant's behalf, the Department shall prepare a written complaint, under oath or affirmation, stating the nature of the civil rights violation substantially as alleged in the charge previously filed and the relief sought on behalf of the aggrieved party. The Department shall file the complaint with the Commission.
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(1.5) If the complainant chooses to file a complaint
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| with the Commission without the Department's assistance, the complainant shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Human Rights Commission. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(2) If the complainant chooses to commence a civil
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| action in a circuit court:
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(i) The complainant shall file the civil action
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| in the circuit court in the county wherein the civil rights violation was allegedly committed.
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(ii) The form of the complaint in any such civil
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| action shall be in accordance with the Code of Civil Procedure.
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(iii) The complainant shall notify the Department
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| that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from date that the complaint is filed in circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.
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(G) Time Limit.
(1) When a charge of a civil rights violation has
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| been properly filed, the Department, within 365 days thereof or within any extension of that period agreed to in writing by all parties, shall issue its report as required by subparagraph (D). Any such report shall be duly served upon both the complainant and the respondent.
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(2) If the Department has not issued its report
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| within 365 days after the charge is filed, or any such longer period agreed to in writing by all the parties, the complainant shall have 90 days to either file the complainant's own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court. If the complainant files a complaint with the Commission, the form of the complaint shall be in accordance with the provisions of paragraph (F)(1). If the complainant commences a civil action in a circuit court, the form of the complaint shall be in accordance with the Code of Civil Procedure. The aggrieved party shall notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department with 21 days from the date that the complaint is filed with the Commission or in circuit court. This 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional. If the complainant files a complaint with the Commission, the complainant may not later commence a civil action in circuit court.
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(3) If an aggrieved party files a complaint with the
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| Human Rights Commission or commences a civil action in circuit court pursuant to paragraph (2) of this subsection, or if the time period for filing a complaint has expired, the Department shall immediately cease its investigation and dismiss the charge of civil rights violation. Any final order entered by the Commission under this Section is appealable in accordance with paragraph (B)(1) of Section 8-111. Failure to immediately cease an investigation and dismiss the charge of civil rights violation as provided in this paragraph (3) constitutes grounds for entry of an order by the circuit court permanently enjoining the investigation. The Department may also be liable for any costs and other damages incurred by the respondent as a result of the action of the Department.
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(4) (Blank).
(H) Public Act 89-370 applies to causes of action filed on or
after January 1, 1996.
(I) Public Act 89-520 applies to causes of action filed on or
after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.
(K) The changes made to this Section by Public Act 96-876 apply to charges filed on or
after the effective date of those changes.
(L) The changes made to this Section by Public Act 100-1066 apply to charges filed on or
after August 24, 2018 (the effective date of Public Act 100-1066).
(Source: P.A. 102-558, eff. 8-20-21; 103-335, eff. 1-1-24 .)
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(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
Sec. 7B-102. Procedures.
(A) Charge.
(1) Within one year after the date that a civil |
| rights violation allegedly has been committed or terminated, a charge in writing under oath or affirmation may be filed with the Department by an aggrieved party or issued by the Department itself under the signature of the Director.
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(2) The charge shall be in such detail as to
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| substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged civil rights violation.
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(B) Notice and Response to Charge.
(1) The Department shall serve notice upon the
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| aggrieved party acknowledging such charge and advising the aggrieved party of the time limits and choice of forums provided under this Act. The Department shall, within 10 days of the date on which the charge was filed or the identification of an additional respondent under paragraph (2) of this subsection, serve on the respondent a copy of the charge along with a notice identifying the alleged civil rights violation and advising the respondent of the procedural rights and obligations of respondents under this Act and may require the respondent to file a response to the allegations contained in the charge. Upon the Department's request, the respondent shall file a response to the charge within 30 days and shall serve a copy of its response on the complainant or his or her representative. Notwithstanding any request from the Department, the respondent may elect to file a response to the charge within 30 days of receipt of notice of the charge, provided the respondent serves a copy of its response on the complainant or his or her representative. All allegations contained in the charge not denied by the respondent within 30 days after the Department's request for a response may be deemed admitted, unless the respondent states that it is without sufficient information to form a belief with respect to such allegation. The Department may issue a notice of default directed to any respondent who fails to file a response to a charge within 30 days of the Department's request, unless the respondent can demonstrate good cause as to why such notice should not issue. The term "good cause" shall be defined by rule promulgated by the Department. Within 10 days of the date he or she receives the respondent's response, the complainant may file his or her reply to said response. If he or she chooses to file a reply, the complainant shall serve a copy of said reply on the respondent or his or her representative. A party may supplement his or her response or reply at any time that the investigation of the charge is pending.
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(2) A person who is not named as a respondent in a
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| charge, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection (B), to such person, from the Department. Such notice, in addition to meeting the requirements of subsections (A) and (B), shall explain the basis for the Department's belief that a person to whom the notice is addressed is properly joined as a respondent.
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(C) Investigation.
(1) The Department shall conduct a full investigation
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| of the allegations set forth in the charge and complete such investigation within 100 days after the filing of the charge, unless it is impracticable to do so. The Department's failure to complete the investigation within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.
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(2) If the Department is unable to complete the
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| investigation within 100 days after the charge is filed, the Department shall notify the complainant and respondent in writing of the reasons for not doing so. The failure of the Department to notify the complainant or respondent in writing of the reasons for not doing so shall not deprive the Department of jurisdiction over the charge.
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(3) The Director or his or her designated
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| representative shall have authority to request any member of the Commission to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records or documents whatsoever.
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(4) If any witness whose testimony is required for
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| any investigation resides outside the State, or through illness or any other good cause as determined by the Director is unable to be interviewed by the investigator or appear at a fact finding conference, his or her testimony or deposition may be taken, within or without the State, in the same manner as provided for in the taking of depositions in civil cases in circuit courts.
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(5) Upon reasonable notice to the complainant and the
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| respondent, the Department may conduct a fact finding conference. When requested by the Department, a party's failure to attend the conference without good cause may result in dismissal or default. A notice of dismissal or default shall be issued by the Director and shall notify the relevant party that a request for review may be filed in writing with the Commission within 30 days of receipt of notice of dismissal or default.
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(D) Report.
(1) Each charge investigated under subsection (C)
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| shall be the subject of a report to the Director. The report shall be a confidential document subject to review by the Director, authorized Department employees, the parties, and, where indicated by this Act, members of the Commission or their designated hearing officers.
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The report shall contain:
(a) the names and dates of contacts with
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(b) a summary and the date of correspondence and
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| other contacts with the aggrieved party and the respondent;
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(c) a summary description of other pertinent
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(d) a summary of witness statements; and
(e) answers to questionnaires.
A final report under this paragraph may be amended if
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| additional evidence is later discovered.
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(2) Upon review of the report and within 100 days of
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| the filing of the charge, unless it is impracticable to do so, the Director shall determine whether there is substantial evidence that the alleged civil rights violation has been committed or is about to be committed. If the Director is unable to make the determination within 100 days after the filing of the charge, the Director shall notify the complainant and respondent in writing of the reasons for not doing so. The Director's failure to make the determination within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.
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(a) If the Director determines that there is no
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| substantial evidence, the charge shall be dismissed and the aggrieved party notified that he or she may seek review of the dismissal order before the Commission. The aggrieved party shall have 90 days from receipt of notice to file a request for review by the Commission. The Director shall make public disclosure of each such dismissal.
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(b) If the Director determines that there is
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| substantial evidence, he or she shall immediately issue a complaint on behalf of the aggrieved party pursuant to subsection (F).
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(E) Conciliation.
(1) During the period beginning with the filing of
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| charge and ending with the filing of a complaint or a dismissal by the Department, the Department shall, to the extent feasible, engage in conciliation with respect to such charge.
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When the Department determines that a formal
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| conciliation conference is feasible, the aggrieved party and respondent shall be notified of the time and place of the conference by registered or certified mail at least 7 days prior thereto and either or both parties shall appear at the conference in person or by attorney.
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(2) The place fixed for the conference shall be
|
| within 35 miles of the place where the civil rights violation is alleged to have been committed.
|
|
(3) Nothing occurring at the conference shall be made
|
| public or used as evidence in a subsequent proceeding for the purpose of proving a violation under this Act unless the complainant and respondent agree in writing that such disclosure be made.
|
|
(4) A conciliation agreement arising out of such
|
| conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Department and Commission.
|
|
(5) A conciliation agreement may provide for binding
|
| arbitration of the dispute arising from the charge. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
|
|
(6) Each conciliation agreement shall be made public
|
| unless the complainant and respondent otherwise agree and the Department determines that disclosure is not required to further the purpose of this Act.
|
|
(F) Complaint.
(1) When there is a failure to settle or adjust any
|
| charge through a conciliation conference and the charge is not dismissed, the Department shall prepare a written complaint, under oath or affirmation, stating the nature of the civil rights violation and the relief sought on behalf of the aggrieved party. Such complaint shall be based on the final investigation report and need not be limited to the facts or grounds alleged in the charge filed under subsection (A).
|
|
(2) The complaint shall be filed with the Commission.
(3) The Department may not issue a complaint under
|
| this Section regarding an alleged civil rights violation after the beginning of the trial of a civil action commenced by the aggrieved party under any State or federal law, seeking relief with respect to that alleged civil rights violation.
|
|
(G) Time Limit.
(1) When a charge of a civil rights violation has
|
| been properly filed, the Department, within 100 days thereof, unless it is impracticable to do so, shall either issue and file a complaint in the manner and form set forth in this Section or shall order that no complaint be issued. Any such order shall be duly served upon both the aggrieved party and the respondent. The Department's failure to either issue and file a complaint or order that no complaint be issued within 100 days after the proper filing of the charge does not deprive the Department of jurisdiction over the charge.
|
|
(2) The Director shall make available to the
|
| aggrieved party and the respondent, at any time, upon request following completion of the Department's investigation, information derived from an investigation and any final investigative report relating to that investigation.
|
|
(H) This amendatory Act of 1995 applies to causes of action filed on or
after
January 1, 1996.
(I) The changes made to this Section by Public Act 95-243 apply to charges filed on or
after the effective date of those changes.
(J) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges filed on or
after the effective date of those changes.
(Source: P.A. 101-530, eff. 1-1-20; 102-362, eff. 1-1-22 .)
|
(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
(Text of Section from P.A. 102-1129)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is created to consist
of 7 members appointed by the Governor with the advice and consent of the
Senate. No more than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 2021, and 3 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 2023.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until June 30, 2019 or until
their respective successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until his or her successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom
he or she shall succeed and until his or her successor is appointed and
qualified.
(C) Vacancies. (1) In the case of vacancies on the Commission |
| during a recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when he or she shall appoint a person to fill the vacancy. Any person so nominated and confirmed by the Senate shall hold office for the remainder of the term and until his or her successor is appointed and qualified.
|
|
(2) If the Senate is not in session at the time this
|
| Act takes effect, the Governor shall make temporary appointments to the Commission as in the case of vacancies.
|
|
(3) Vacancies in the Commission shall not impair the
|
| right of the remaining members to exercise all the powers of the Commission. Except when authorized by this Act to proceed through a 3 member panel, a majority of the members of the Commission then in office shall constitute a quorum.
|
|
(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated
at the rate of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during his or her service as Chairperson,
and each other member shall be compensated at the rate of $119,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(E) Notwithstanding the general supervisory authority of the Chairperson, each commissioner, unless appointed to the special temporary panel created under subsection (H), has the authority to hire and supervise a staff attorney. The staff attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following:
(1) substantive and procedural aspects of the office
|
|
(2) current issues in employment and housing
|
| discrimination and public accommodation law and practice;
|
|
(3) orientation to each operational unit of the Human
|
|
(4) observation of experienced hearing officers and
|
| commissioners conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
|
|
(5) the use of hypothetical cases requiring the newly
|
| appointed commissioner to issue judgments as a means of evaluating knowledge and writing ability;
|
|
(6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
|
| officer at the Human Rights Commission; or
|
|
(3) at least 4 years of professional experience
|
| working for or dealing with individuals or corporations affected by this Act or similar laws in other jurisdictions, including, but not limited to, experience with a civil rights advocacy group, a fair housing group, a community organization, a trade association, a union, a law firm, a legal aid organization, an employer's human resources department, an employment discrimination consulting firm, a community affairs organization, or a municipal human relations agency.
|
|
The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor.
Each commissioner shall devote full time to his or her duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation.
(H) Notwithstanding any other provision of this Act, the Governor shall appoint, by and with the consent of the Senate, a special temporary panel of commissioners comprised of 3 members. The members shall hold office until the Commission, in consultation with the Governor, determines that the caseload of requests for review has been reduced sufficiently to allow cases to proceed in a timely manner, or for a term of 18 months from the date of appointment by the Governor, whichever is earlier. Each of the 3 members shall have only such rights and powers of a commissioner necessary to dispose of the cases assigned to the special panel. Each of the 3 members appointed to the special panel shall receive the same salary as other commissioners for the duration of the panel. The panel shall have the authority to hire and supervise a staff attorney who shall report to the panel of commissioners.
(Source: P.A. 101-530, eff. 1-1-20; 102-1129, eff. 2-10-23.)
(Text of Section from P.A. 103-326)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is created to consist
of 7 members appointed by the Governor with the advice and consent of the
Senate. No more than 4 members shall be of the same political party. The
Governor shall designate one member as chairperson. All appointments shall
be in writing and filed with the Secretary of State as a public record.
(B) Terms. Of the members first appointed, 4 shall be appointed for a
term to expire on the third Monday of January, 2021, and 3 (including the
Chairperson) shall be appointed for a term to expire on the third Monday
of January, 2023.
Notwithstanding any provision of this Section to the contrary, the term
of office of each member of the Illinois Human Rights Commission is
abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for this amendatory Act of the 100th General Assembly, would have expired January 18, 2021 shall continue to exercise all of the powers and be
subject to all of the duties of members of the Commission until June 30, 2019 or until
their respective successors are appointed and qualified, whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until the member's successor is appointed and qualified; except that any
member chosen to fill a vacancy occurring otherwise than by expiration of
a term shall be appointed only for the unexpired term of the member whom the member
shall succeed and until the member's successor is appointed and
qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission
|
| during a recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall appoint a person to fill the vacancy. Any person so nominated and confirmed by the Senate shall hold office for the remainder of the term and until the person's successor is appointed and qualified.
|
|
(2) If the Senate is not in session at the time this
|
| Act takes effect, the Governor shall make temporary appointments to the Commission as in the case of vacancies.
|
|
(3) Vacancies in the Commission shall not impair the
|
| right of the remaining members to exercise all the powers of the Commission. Except when authorized by this Act to proceed through a 3 member panel, a majority of the members of the Commission then in office shall constitute a quorum.
|
|
(D) Compensation. On and after January 19, 2019, the Chairperson of the Commission shall be compensated
at the rate of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during the Chairperson's service as Chairperson,
and each other member shall be compensated at the rate of $119,000 per
year, or as set by the Compensation Review Board, whichever is greater.
In addition, all members of the Commission shall be reimbursed for expenses
actually and necessarily incurred by them
in the performance of their duties.
(E) Notwithstanding the general supervisory authority of the Chairperson, each commissioner, unless appointed to the special temporary panel created under subsection (H), has the authority to hire and supervise a staff attorney. The staff attorney shall report directly to the individual commissioner.
(F) A formal training program for newly appointed commissioners shall be implemented. The training program shall include the following:
(1) substantive and procedural aspects of the office
|
|
(2) current issues in employment and housing
|
| discrimination and public accommodation law and practice;
|
|
(3) orientation to each operational unit of the Human
|
|
(4) observation of experienced hearing officers and
|
| commissioners conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
|
|
(5) the use of hypothetical cases requiring the newly
|
| appointed commissioner to issue judgments as a means of evaluating knowledge and writing ability;
|
|
(6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program including, but not limited to, the above-noted areas shall be implemented to keep commissioners informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence. Each commissioner shall complete 20 hours of training in the above-noted areas during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
|
| officer at the Human Rights Commission; or
|
|
(3) at least 4 years of professional experience
|
| working for or dealing with individuals or corporations affected by this Act or similar laws in other jurisdictions, including, but not limited to, experience with a civil rights advocacy group, a fair housing group, a trade association, a union, a law firm, a legal aid organization, an employer's human resources department, an employment discrimination consulting firm, or a municipal human relations agency.
|
|
The Governor's appointment message, filed with the Secretary of State and transmitted to the Senate, shall state specifically how the experience of a nominee for commissioner meets the requirement set forth in this subsection. The Chairperson must have public or private sector management and budget experience, as determined by the Governor.
Each commissioner shall devote full time to the commissioner's duties and any commissioner who is an attorney shall not engage in the practice of law, nor shall any commissioner hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor engage in any other business, employment, or vocation.
(H) (Blank).
(Source: P.A. 103-326, eff. 1-1-24.)
|
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other powers
and duties prescribed in this Act, the Commission shall have the following
powers and duties:
(A) Meetings. To meet and function at any place |
|
(B) Offices. To establish and maintain offices in
|
|
(C) Employees. To select and fix the compensation of
|
| such technical advisors and employees as it may deem necessary pursuant to the provisions of the Personnel Code.
|
|
(D) Hearing Officers. To select and fix the
|
| compensation of hearing officers who shall be attorneys duly licensed to practice law in this State and full-time employees of the Commission.
|
|
A formal and unbiased training program for hearing
|
| officers shall be implemented. The training program shall include the following:
|
|
(1) substantive and procedural aspects of the
|
| hearing officer position;
|
|
(2) current issues in human rights law and
|
|
(3) lectures by specialists in substantive areas
|
| related to human rights matters;
|
|
(4) orientation to each operational unit of the
|
| Department and Commission;
|
|
(5) observation of experienced hearing officers
|
| conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
|
|
(6) the use of hypothetical cases requiring the
|
| hearing officer to issue judgments as a means to evaluating knowledge and writing ability;
|
|
(7) writing skills;
(8) computer skills, including, but not limited
|
| to, word processing and document management.
|
|
A formal, unbiased and ongoing professional
|
| development program including, but not limited to, the above-noted areas shall be implemented to keep hearing officers informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence.
|
|
(E) Rules and Regulations. To adopt, promulgate,
|
| amend, and rescind rules and regulations not inconsistent with the provisions of this Act pursuant to the Illinois Administrative Procedure Act.
|
|
(F) Compulsory Process. To issue and authorize
|
| requests for enforcement of subpoenas and other compulsory process established by this Act.
|
|
(G) Decisions. Through a panel of 3 members
|
| designated by the Chairperson on a random basis, to hear and decide by majority vote complaints filed in conformity with this Act and to approve proposed settlements. Decisions by commissioners must be based strictly on neutral interpretations of the law and the facts.
|
|
(H) Rehearings. To order, by a vote of 3 members,
|
| rehearing of its decisions by the entire Commission in conformity with this Act.
|
|
(I) Judicial Enforcement. To authorize requests for
|
| judicial enforcement of its orders in conformity with this Act.
|
|
(J) Opinions. To publish each decision within 180
|
| days of the decision to assure a consistent source of precedent. Published decisions shall be subject to the Personal Information Protection Act.
|
|
(K) Public Grants; Private Gifts. To accept public
|
| grants and private gifts as may be authorized.
|
|
(L) Interpreters. To appoint at the expense of the
|
| Commission a qualified interpreter whenever a hearing impaired individual or an individual who lacks proficiency in the English language is a party or witness in proceedings before the Commission.
|
|
(M) Automated Processing Plan. To prepare an
|
| electronic data processing and telecommunications plan jointly with the Department in accordance with Section 7-112.
|
|
The provisions of Public Act 89-370 amending subsection (G)
of this Section apply to causes of action filed on or after January 1, 1996.
(Source: P.A. 103-326, eff. 1-1-24 .)
|
(775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102) Sec. 8A-102. Hearing on Complaint. (A) Services. Within five days after a complaint is filed by the Department, or the aggrieved party, as the case may be, the Commission shall cause it to be served on the respondent together with a notice of hearing before a hearing officer of the Commission at a place therein fixed. (B) Time and Location of Hearing. An initial hearing date shall be scheduled for not less than 30 nor more than 90 days after service of the complaint at a place that is within 100 miles of the place at which the civil rights violation is alleged to have occurred. The hearing officer may, for good cause shown, extend the date of the hearing. (B-5) Intervention by the Department. (1) After the filing of a complaint under Article 2, |
| 4, 5, 5A, or 6, the Department may petition and shall be permitted to intervene as a party in the proceeding if the Commission determines that:
|
|
(i) the Department has an interest different from
|
| one or more of the parties;
|
|
(ii) the expertise of the Department makes it
|
| better suited to articulate a particular point of view; or
|
|
(iii) the representation of the Department's
|
| interest by existing parties is or may be inadequate and the Department will or may be bound by an order or judgment in the action.
|
|
(2) The Department, as an intervenor, shall have all
|
| of the rights of an original party subject to the order of the administrative law judge.
|
|
(3) Upon such intervention, the Commission may award
|
| such relief as is authorized to be granted to a complainant under Section 8A-104.
|
|
(C) Amendment.
(1) A complaint may be amended under oath by leave of
|
| the presiding hearing officer, for good cause shown, upon timely written motion and reasonable notice to all interested parties at any time prior to the issuance of a recommended order pursuant to Section 8A-102(I) or 8B-102(J). The amended complaint shall be served upon all parties of record and the Department of Human Rights by the complainant, or by the Department if it prepared and filed the amended complaint, within 7 days of the date of the order permitting its filing or such additional time as the hearing officer may order. Amendments to the complaint may encompass any unlawful discrimination which is like or reasonably related to the charge and growing out of the allegations in such charge, including, but not limited to, allegations of retaliation.
|
|
(2) A motion that the complaint be amended to conform
|
| to the evidence, made prior to the close of the public hearing, may be addressed orally on the record to the hearing officer, and shall be granted for good and sufficient cause.
|
|
(D) Answer.
(1) The respondent shall file an answer under oath or
|
| affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.
|
|
(2) When the respondent files a motion to dismiss the
|
| complaint within 30 days and the motion is denied by the hearing officer, the time for filing the answer shall be within 15 days of the date of denial of the motion.
|
|
(3) Any allegation in the complaint which is not
|
| denied or admitted in the answer is deemed admitted unless the respondent states in the answer that the respondent is without sufficient knowledge or information to form a belief with respect to such allegation.
|
|
(4) The failure to file an answer is deemed to
|
| constitute an admission of the allegations contained in the complaint.
|
|
(5) The respondent has the right to amend the
|
| respondent's answer, upon leave of the hearing officer, for good cause shown.
|
|
(E) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
|
| complainant or respondent is a poor person, and unable to prosecute or defend the complaint and pay the costs and expenses thereof, the hearing officer may permit the party to commence and prosecute or defend the action as a poor person. Such party shall have all the necessary subpoenas, appearances, and proceedings without prepayment of witness fees or charges. Witnesses shall attend as in other cases under this Act and the same remedies shall be available for failure or refusal to obey the subpoena as are provided for in Section 8-104 of this Act.
|
|
(2) A person desiring to proceed without payment of
|
| fees or charges shall file with the hearing officer an affidavit stating that the person is a poor person and unable to pay costs, and that the action is meritorious.
|
|
(F) Discovery. The procedure for obtaining discovery of information from parties and witnesses shall be specified by the Commission in rules. If no rule has been promulgated by the Commission on a particular type of discovery, the Code of Civil Procedure may be considered persuasive authority. The types of discovery shall be the same as in civil cases in the circuit courts of this State, provided, however, that a party may take discovery depositions only upon leave of the hearing officer and for good cause shown.
(G) Hearing.
(1) Both the complainant and the respondent may
|
| appear at the hearing and examine and cross-examine witnesses.
|
|
(2) The testimony taken at the hearing shall be under
|
| oath or affirmation and a transcript shall be made and filed in the office of the Commission.
|
|
(3) The testimony taken at the hearing is subject to
|
| the same rules of evidence that apply in courts of this State in civil cases.
|
|
(H) Compelling Appearance of Parties at Hearing. The appearance at the hearing of a party or a person who at the time of the hearing is an officer, director, or employee of a party may be required by serving the party with a notice designating the person who is required to appear. The notice also may require the production at the hearing of documents or tangible things. If the party or person is a nonresident of the county, the hearing officer may order any terms and conditions in connection with the party's or person's appearance at the hearing that are just, including payment of the party's or person's reasonable expenses. Upon a failure to comply with the notice, the hearing officer may enter any order that is just.
(I) Decision.
(1) When all the testimony has been taken, the
|
| hearing officer shall determine whether the respondent has engaged in or is engaging in the civil rights violation with respect to the person aggrieved as charged in the complaint. A determination sustaining a complaint shall be based upon a preponderance of the evidence.
|
|
(2) The hearing officer shall make findings of fact
|
| in writing and, if the finding is against the respondent, shall issue and cause to be served on the parties and the Department a recommended order for appropriate relief as provided by this Act.
|
|
(3) If, upon all the evidence, the hearing officer
|
| finds that a respondent has not engaged in the discriminatory practice charged in the complaint or that a preponderance of the evidence does not sustain the complaint, the hearing officer shall state the hearing officer's findings of fact and shall issue and cause to be served on the parties and the Department a recommended order dismissing the complaint.
|
|
(4) The findings and recommended order of the hearing
|
| officer shall be filed with the Commission. The findings and recommended order may be authored by a hearing officer other than the hearing officer who presides at the public hearing if:
|
|
(a) the hearing officer who presides at the
|
| public hearing is unable to author the findings and recommended order by reason of death, disability, or separation from employment; and
|
|
(b) all parties to a complaint file a joint
|
| motion agreeing to have the findings and recommended order written by a hearing officer who did not preside at the public hearing.
|
|
(5) A recommended order dismissing a complaint may
|
| include an award of reasonable attorneys fees in favor of the respondent against the complainant or the complainant's attorney, or both, if the hearing officer concludes that the complaint was frivolous, unreasonable or groundless or that the complainant continued to litigate after it became clearly so.
|
|
(6) The hearing officer may issue a recommended order
|
| of dismissal with prejudice or a recommended order of default as a sanction for the failure of a party to prosecute the party's case, file a required pleading, appear at a hearing, or otherwise comply with this Act, the rules of the Commission, or a previous order of the hearing officer.
|
|
(Source: P.A. 103-335, eff. 1-1-24 .)
|
(775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102)
Sec. 8B-102.
Hearing on complaint.
(A) Election of Judicial
Determination. When a complaint is filed under Section 7B-102(F) a
complainant, a respondent, or an aggrieved party on whose behalf the
complaint was filed, may elect to have the claims asserted in that
complaint decided in a civil action in a circuit court of Illinois, in
which case the Illinois Code of Civil Procedure shall apply. The
election must be made not later than 20 days after the receipt by the
electing person of service of the complaint by the Commission. The person
making such election shall file it with the Commission and shall give
notice of doing so to the Department and to all other complainants and
respondents to whom the charge relates. If an election is made, the
Commission shall act no further on the complaint and shall administratively
close the file on the complaint. If an election is not made, the Commission
shall continue proceedings on the complaint in accordance with this Act and the
hearing shall be before a hearing officer.
(B) Services. Within 5 days after a complaint is filed by the
Department, the Commission shall cause it to be served on the respondent
and complainant together with a notice of hearing before a hearing officer
of the Commission at a place therein fixed and with information as to how
to make an election under subsection (A) and the effect of such an election.
(C) Time and Location of Hearing. An initial hearing date
shall be scheduled for not less
than 30 nor more than 90 days after service of the complaint at
a place that is within 100 miles of the place at which the civil
rights violation is alleged to have occurred. The hearing officer may,
for good cause shown, extend the date of the hearing.
(D) Amendment.
(1) A complaint may be amended under oath by leave of |
| the presiding hearing officer, for good cause shown, upon timely written motion and reasonable notice to all interested parties at any time prior to the issuance of a recommended order pursuant to Section 8A-102(I) or 8B-102(J). The amended complaint shall be served upon all parties of record by the Department within 7 days of the date of the order permitting its filing or such additional time as the hearing officer may order. Amendments to the complaint may encompass any unlawful discrimination which is like or reasonably related to the charge and growing out of the allegations in such charge, including, but not limited to, allegations of retaliation.
|
|
(2) A motion that the complaint be amended to conform
|
| to the evidence, made prior to the close of the public hearing, may be addressed orally on the record to the hearing officer, and shall be granted for good and sufficient cause.
|
|
(E) Answer.
(1) The respondent shall file an answer under oath or
|
| affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.
|
|
(2) When the respondent files a motion to dismiss the
|
| complaint within 30 days and the motion is denied by the hearing officer, the time for filing the answer shall be within 15 days of the date of denial of the motion.
|
|
(3) Any allegation in the complaint which is not
|
| denied or admitted in the answer is deemed admitted unless the respondent states in the answer that he is without sufficient knowledge or information to form a belief with respect to such allegation.
|
|
(4) The failure to file an answer is deemed to
|
| constitute an admission of the allegations contained in the complaint.
|
|
(5) The respondent has the right to amend his answer,
|
| upon leave of the hearing officer, for good cause shown.
|
|
(F) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
|
| complainant or respondent is a poor person, and unable to prosecute or defend the complaint and pay the costs and expenses thereof, the hearing officer may permit the party to commence and prosecute or defend the action as a poor person. Such party shall have all the necessary subpoenas, appearances, and proceedings without prepayment of witness fees or charges. Witnesses shall attend as in other cases under this Act and the same remedies shall be available for failure or refusal to obey the subpoena as are provided for in Section 8-104 of this Act.
|
|
(2) A person desiring to proceed without payment of
|
| fees or charges shall file with the hearing officer an affidavit stating that he is a poor person and unable to pay costs, and that the action is meritorious.
|
|
(G) Discovery. The procedures for obtaining discovery of information from
parties and witnesses shall be specified by the Commission in rules. If no
rule
has been promulgated by the Commission on a particular type of discovery, the
Code of Civil Procedure may be considered persuasive authority. The types
of discovery shall be the same as in civil cases in the circuit courts
of this State, provided, however, that a party may take discovery depositions
only upon leave of the hearing officer and for good cause shown.
(H) Hearing.
(1) The Department and the respondent shall be
|
| parties in hearings under this Article. The Department shall seek appropriate relief for the complainant and vindication of the public interest. Any complainant may intervene as a party. All parties have the right to examine and cross examine witnesses.
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(2) The testimony taken at the hearing shall be under
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| oath or affirmation and a transcript shall be made and filed in the office of the Commission.
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(3) The testimony taken at the hearing is subject to
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| the same rules of evidence that apply in courts of this State in civil cases.
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(I) Compelling Appearance of Parties at Hearing. The appearance at
the hearing of a party or a person who at the time of the hearing is an
officer, director, or employee of a party may be required by serving the
party with a notice designating the person who is required to appear. The
notice also may require the production at the hearing of documents or
tangible things. If the party or person is a nonresident of the county,
the hearing officer may order any terms and conditions in connection with
his appearance at the hearing that are just, including payment of his
reasonable expenses. Upon a failure to comply with the notice, the hearing
officer may enter any order that is just.
(J) Decision.
(1) When all the testimony has been taken, the
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| hearing officer shall determine whether the respondent has engaged in or is engaging in the civil rights violation with respect to the aggrieved party as charged in the complaint. A determination sustaining a complaint shall be based upon a preponderance of the evidence.
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(2) The hearing officer shall make findings of fact
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| in writing and, if the finding is against the respondent, shall issue and cause to be served on the parties and the Department a recommended order for appropriate relief as provided by this Act.
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(3) If, upon all the evidence, the hearing officer
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| finds that a respondent has not engaged in the civil rights violation charged in the complaint or that a preponderance of the evidence does not sustain the complaint, he shall state his findings of fact and shall issue and cause to be served on the parties and the Department a recommended order dismissing the complaint.
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(4) The findings and recommended order of the hearing
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| officer shall be filed with the Commission. The findings and recommended order may be authored by a hearing officer other than the hearing officer who presides at the public hearing if:
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(a) the hearing officer who presides at the
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| public hearing is unable to author the findings and recommended order by reason of death, disability, or separation from employment; and
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(b) all parties to a complaint file a joint
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| motion agreeing to have the findings and recommended order written by a hearing officer who did not preside at the public hearing.
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(5) The hearing officer may issue a recommended order
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| of dismissal with prejudice or a recommended order of default as a sanction for the failure of a party to prosecute his or her case, file a required pleading, appear at a hearing, or otherwise comply with this Act, the rules of the Commission, or a previous order of the hearing officer.
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(K) Effect of Trial of Civil Action on Administrative Proceedings. A
hearing officer shall not proceed with any administrative proceedings under
this Section after the filing of a civil action by or on behalf of the
aggrieved party under federal or State law seeking relief with respect to the
alleged civil rights violation.
(Source: P.A. 92-472, eff. 1-1-02.)
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(775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
Sec. 8B-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of the hearing
officer's recommended order, a party may file with the Commission any
written exceptions to any part of the order. Exceptions shall be supported
by argument and served on all parties at the time they are filed. If no
exceptions are filed, the recommended order shall become the order of the
Commission without further review. The Commission shall issue a notice that no exceptions have been filed no later than 30 days after the exceptions were due.
(B) Response. Within 21 days of the receipt of service of exceptions,
a party may file with the Commission any response to the exceptions.
Responses shall be supported by argument and served on all parties at the
time they are filed.
(C) Oral Argument. A party may request oral argument at the time of filing
exceptions or a response to exceptions. When any party requests oral argument
in this manner, the Commission may schedule oral argument to be
heard
by a panel of 3 Commission members. If the panel grants oral
argument, it shall notify all parties of
the time and place of argument. Any party so notified may present
oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the |
| written request of any party made at the time of filing exceptions or responses, may remand a case to a hearing officer for purposes of a rehearing to reconsider evidence or hear additional evidence in the matter. The Commission shall issue and serve on all parties a written order remanding the cause and specifying the additional evidence.
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(2) The hearing officer presiding at a rehearing
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| shall set a hearing date, in accordance with Section 8B-102(C), upon due notice to all parties.
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(3) After conclusion of the rehearing, the hearing
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| officer shall file written findings and recommendations with the Commission and serve copies at the same time on all parties in the same manner as provided in Section 8B-102(J). The findings and recommendations shall be subject to review by the Commission as provided in this Section.
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(E) Review.
(1) Following the filing of the findings and
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| recommended order of the hearing officer and any written exceptions and responses, and any other proceedings provided for in this Section, the Commission, through a panel of 3 members, may review the record and may adopt, modify, or reverse in whole or in part the findings and recommendations of the hearing officer.
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(2) When reviewing a recommended order, the
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| Commission shall adopt the hearing officer's findings of fact if they are not contrary to the manifest weight of the evidence.
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(3) If the Commission accepts a case for review, it
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| shall file its written order and decision in its office and serve copies on all parties together with a notification of the date when it was filed. If the Commission declines to review a recommended order or if no exceptions have been filed, it shall issue a short statement notifying the parties that the recommended order has become the order of the Commission. The statement shall be served on the parties by first class mail.
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(3.1) A recommended order authored by a non-presiding
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| hearing officer under subparagraph 8B-102(J)(4) shall be reviewed in the same manner as a recommended order authored by a presiding hearing officer.
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(4) The Commission shall issue a final decision
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| within one year of the date a charge is filed with the Department unless it is impracticable to do so. If the Commission is unable to issue a final decision within one year of the date the charge is filed with the Department, it shall notify all parties in writing of the reasons for not doing so.
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(F) Rehearing.
(1) Within 30 days after service of the Commission's
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| order or statement declining review, a party may file an application for rehearing before the full Commission. The application shall be served on all other parties. The Commission shall have discretion to order a response to the application. The filing of an application for rehearing is optional. The failure to file an application for rehearing shall not be considered a failure to exhaust administrative remedies. This amendatory Act of 1991 applies to pending proceedings as well as those filed on or after its effective date.
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(2) Applications for rehearing shall be viewed with
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| disfavor, and may be granted, by vote of 3 Commission members, only upon a clear demonstration that a matter raises legal issues of significant impact or that Commission decisions are in conflict.
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(3) When an application for rehearing is granted, the
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| original order shall be nullified and oral argument before the full Commission shall be scheduled. The Commission may request the parties to file any additional written arguments it deems necessary.
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(G) Modification of Order.
(1) At any time before a final order of the court in
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| a proceeding for judicial review under this Act, the Commission or the 3-member panel that decided the matter, upon reasonable notice, may modify or set aside in whole or in part any finding or order made by it in accordance with this Section.
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(2) Any modification shall be accomplished by the
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| filing and service of a supplemental order and decision by the Commission in the same manner as provided in this Section.
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(H) Extensions of time. All motions for extensions of time with
respect to matters being considered by the Commission shall be decided by
the full Commission or a 3-member panel. If a motion for extension of
time cannot be ruled upon before the filing deadline sought to be
extended, the Chairperson of the Commission shall be authorized to extend
the filing deadline to the date of the next Commission meeting at which the
motion can be considered.
(Source: P.A. 100-1066, eff. 8-24-18; 100-1154, eff. 12-19-18.)
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(775 ILCS 5/10-104) Sec. 10-104. Circuit Court Actions by the Illinois Attorney General. (A) Standing, venue, limitations on actions, preliminary investigations, notice, and Assurance of Voluntary Compliance. (1) Whenever the Illinois Attorney General has |
| reasonable cause to believe that any person or group of persons is engaged in a pattern and practice of discrimination prohibited by this Act, the Illinois Attorney General may commence a civil action in the name of the People of the State, as parens patriae on behalf of persons within the State to enforce the provisions of this Act in any appropriate circuit court. Venue for this civil action shall be determined under paragraph (1) of subsection (A) of Section 8-111. Such actions shall be commenced no later than 2 years after the occurrence or the termination of an alleged civil rights violation or the breach of a conciliation agreement or Assurance of Voluntary Compliance entered into under this Act, whichever occurs last, to obtain relief with respect to the alleged civil rights violation or breach.
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(2) Prior to initiating a civil action, the Attorney
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| General shall conduct a preliminary investigation to determine whether there is reasonable cause to believe that any person or group of persons is engaged in a pattern and practice of discrimination declared unlawful by this Act and whether the dispute can be resolved without litigation. In conducting this investigation, the Attorney General may:
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(a) require the individual or entity to file a
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| statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;
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(b) examine under oath any person alleged to have
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| participated in or with knowledge of the alleged pattern and practice violation; or
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(c) issue subpoenas or conduct hearings in aid of
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(3) Service by the Attorney General of any notice
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| requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:
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(a) personally by delivery of a duly executed
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| copy thereof to the person to be served or, if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed; or
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(b) by mailing by certified mail a duly executed
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| copy thereof to the person to be served at his or her last known abode or principal place of business within this State.
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(4) In lieu of a civil action, the individual or
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| entity alleged to have engaged in a pattern or practice of discrimination deemed violative of this Act may enter into an Assurance of Voluntary Compliance with respect to the alleged pattern or practice violation.
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(5) The Illinois Attorney General may commence a
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| civil action under this subsection (A) whether or not a charge has been filed under Sections 7A-102 or 7B-102 and without regard to the status of any charge, however, if the Department or local agency has obtained a conciliation or settlement agreement or if the parties have entered into an Assurance of Voluntary Compliance no action may be filed under this subsection (A) with respect to the alleged civil rights violation practice that forms the basis for the complaint except for the purpose of enforcing the terms of the conciliation or settlement agreement or the terms of the Assurance of Voluntary Compliance.
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(6) Subpoenas.
(a) Petition for enforcement. Whenever any person
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| fails to comply with any subpoena issued under paragraph (2) of this subsection (A), or whenever satisfactory copying or reproduction of any material requested in an investigation cannot be done and the person refuses to surrender the material, the Attorney General may file in any appropriate circuit court, and serve upon the person, a petition for a court order for the enforcement of the subpoena or other request. Venue for this enforcement action shall be determined under paragraph (E)(1) of Section 8-104.
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(b) Petition to modify or set aside a subpoena.
(i) Any person who has received a subpoena
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| issued under paragraph (2) of this subsection (A) may file in the appropriate circuit court, and serve upon the Attorney General, a petition for a court order to modify or set aside the subpoena or other request. The petition must be filed either (I) within 20 days after the date of service of the subpoena or at any time before the return date specified in the subpoena, whichever date is earlier, or (II) within such longer period as may be prescribed in writing by the Attorney General.
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(ii) The petition shall specify each ground
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| upon which the petitioner relies in seeking relief under subdivision (i) and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the subpoena or other request, in whole or in part, except that the petitioner shall comply with any portion of the subpoena or other request not sought to be modified or set aside.
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(c) Jurisdiction. Whenever any petition is filed
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| in any circuit court under this paragraph (6), the court shall have jurisdiction to hear and determine the matter so presented and to enter such orders as may be required to carry out the provisions of this Section. Any final order so entered shall be subject to appeal in the same manner as appeals of other final orders in civil matters. Any disobedience of any final order entered under this paragraph (6) by any court shall be punished as a contempt of the court.
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(B) Relief which may be granted.
(1) In any civil action brought pursuant to
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| subsection (A) of this Section, the Attorney General may obtain as a remedy, equitable relief (including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such civil rights violation or ordering any action as may be appropriate). In addition, the Attorney General may request and the Court may impose a civil penalty to vindicate the public interest:
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(a) for violations of Article 3 and Article 4 in
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| an amount not exceeding $25,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $10,000 if the defendant has not been adjudged to have committed any prior civil rights violations under the provision of the Act that is the basis of the complaint;
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(b) for violations of Article 3 and Article 4 in
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| an amount not exceeding $50,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $25,000 if the defendant has been adjudged to have committed one other civil rights violation under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint; and
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(c) for violations of Article 3 and Article 4 in
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| an amount not exceeding $75,000 per violation, and in the case of violations of all other Articles in an amount not exceeding $50,000 if the defendant has been adjudged to have committed 2 or more civil rights violations under the provision of the Act within 5 years of the occurrence of the civil rights violation that is the basis of the complaint.
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(2) A civil penalty imposed under subdivision (B)(1)
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| of this Section shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund, which is a special fund in the State Treasury. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General including but not limited to enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.
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(3) Aggrieved parties seeking actual damages must
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| follow the procedure set out in Sections 7A-102 or 7B-102 for filing a charge.
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(Source: P.A. 101-661, eff. 4-2-21.)
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