Public Act 103-0973
 
SB3310 EnrolledLRB103 37330 JRC 67451 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Section 7A-102 as follows:
 
    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
    Sec. 7A-102. Procedures.
    (A) Charge.
        (1) Within 2 years 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.
        (2) The charge shall be in such detail as to
    substantially apprise any party properly concerned as to
    the time, place, and facts surrounding the alleged civil
    rights violation.
        (3) Charges deemed filed with the Department pursuant
    to subsection (A-1) of this Section shall be deemed to be
    in compliance with this subsection.
    (A-1) Equal Employment Opportunity Commission Charges.
        (1) If a charge is filed with the Equal Employment
    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.
        (2) If the EEOC finds reasonable cause to believe 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.
        (3) For those charges alleging violations within the
    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.
            (a) If the complainant does not file a written
        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.
            (b) If the complainant does file a written 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.
        (4) Pursuant to this Section, if the EEOC dismisses
    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.
        (5) The time limit set out in subsection (G) of this
    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.
        (6) The failure of the Department to meet the
    10-business-day notification deadlines set out in
    paragraph (2) of this subsection shall not impair the
    rights of any party.
    (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
    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).
        (2) The Director or the Director's designated
    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.
        (3) If any witness whose testimony is required for 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.
        (4) Upon reasonable notice to the complainant and the
    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.
    (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)
    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.
        (2) Upon review of the report, the Director shall
    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.
        (3) If the Director determines that there is no
    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.
        (4) If the Director determines that there is
    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.
    (E) Conciliation.
         (1) When there is a finding of substantial evidence,
    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.
        (2) When the Department determines that a formal
    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.
        (3) 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.
        (4) Nothing occurring at the conference shall be
    disclosed by the Department unless the complainant and
    respondent agree in writing that such disclosure be made.
        (5) The Department's efforts to conciliate the matter
    shall not stay or extend the time for filing the complaint
    with the Commission or the circuit court.
    (F) Complaint.
        (1) When the complainant requests that the Department
    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.
        (1.5) If the complainant chooses to file a complaint
    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.
        (2) If the complainant chooses to commence a civil
    action in a circuit court:
            (i) The complainant shall file the civil action in
        the circuit court in the county wherein the civil
        rights violation was allegedly committed.
            (ii) The form of the complaint in any such civil
        action shall be in accordance with the Code of Civil
        Procedure.
            (iii) 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 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.
    (G) Time Limit.
        (1) When a charge of a civil rights violation has 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.
        (2) If the Department has not issued its report 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.
        (3) If an aggrieved party files a complaint with the
    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.
        (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.)