|
|
Public Act 094-0326
|
| HB0823 Enrolled |
LRB094 07350 WGH 37508 b |
|
|
AN ACT concerning human rights.
|
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 Sections 7A-102 and 7B-102 as follows:
|
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
|
Sec. 7A-102. Procedures.
|
(A) Charge.
|
(1) Within 180 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.
|
(B) Notice, and Response, and Review of 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. |
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 |
pendency
of a charge with the Department. The Department
shall
|
require the respondent to file a verified response to
the |
allegations contained in the charge within 60 days of receipt |
of the
notice of the
charge. The respondent shall serve a copy
|
|
of its response on the
complainant or his representative. All |
allegations contained in the charge
not timely denied by the |
respondent shall 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
|
shall issue
a notice of default directed to any respondent who |
fails to file a
verified response to a charge within 60 days of |
receipt of the
notice of the charge,
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 his |
representative. A party
shall have the right to supplement his |
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 written |
notice to the complainant
and to the respondent
informing the |
complainant
of the right to file a complaint with the Human
|
Rights Commission
under subparagraph (2) of paragraph (G), |
including in such notice the dates
within which the complainant |
may exercise this right.
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 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) After the respondent has been notified, the
|
Department shall conduct a full investigation of the |
allegations set
forth in the charge.
|
(2) The Director or his or her 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, his or her 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 prior to
365 days after the date on which the |
charge was filed,
unless the Director has determined |
whether there is substantial evidence
that the alleged |
civil rights violation has been committed or the charge has
|
been dismissed for lack of jurisdiction. If the parties |
agree in writing,
the fact finding conference may be held |
at a time after the 365 day limit.
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 and |
shall notify the relevant
party that a request for review |
may be filed in writing with the Chief Legal
Counsel of the |
Department
within 30 days of receipt of notice of dismissal |
or default.
|
|
(D) Report.
|
(1) Each charge 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 |
and questions of
credibility. 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.
|
(a) If the Director determines that there is no |
substantial
evidence, the charge shall be dismissed by |
order of the
Director and the
complainant notified
that |
he or she may seek review of the dismissal order before |
the
Chief Legal Counsel of the Department. The |
complainant
shall have 30 days from receipt of
notice
|
to file a request for review by the Chief Legal Counsel |
of the Department.
|
(b) If the Director determines that there is |
substantial evidence,
he or she shall 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.
|
(E) Conciliation.
|
|
(1) 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.
|
(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 |
disclosed by the
Department unless
the complainant and |
respondent agree in writing that
such disclosure be made.
|
(F) Complaint.
|
(1) When there is a failure to settle or adjust any
|
charge through conciliation, 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.
|
(2) The complaint shall be filed with the Commission.
|
(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
either issue and file a complaint in the |
manner and form set forth in
this Section or shall order |
that no complaint be issued and dismiss the
charge with |
prejudice without any further right to proceed except in |
cases in
which the order was procured by fraud or duress. |
Any such order
shall be duly served upon both the |
complainant and the respondent.
|
(2) Between 365 and 395 days after the charge is filed, |
or such longer
period agreed to in writing by all parties, |
the
aggrieved party may file a complaint with the |
Commission, if the Director
has not sooner issued a report |
and determination pursuant to paragraphs
(D)(1)
and (D)(2) |
|
of this Section.
The form of the complaint shall be in |
accordance with the provisions of
paragraph (F). The |
aggrieved party shall notify the Department that a
|
complaint
has been filed and shall serve a copy of the |
complaint on the Department
on the same date that the |
complaint is filed with the Commission.
|
(3) If an aggrieved party files a complaint
with the
|
Human Rights Commission 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 Chief Legal |
Counsel under this Section is
appealable in accordance with |
paragraph (A)(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) The Department shall stay any administrative |
proceedings
under this Section after the filing of a civil |
action by or on behalf of the
aggrieved party under any |
federal or State law seeking relief with respect to
the
|
alleged civil rights violation.
|
(H) This amendatory Act of 1995 applies to causes of action |
filed on or
after January 1, 1996.
|
(I) This amendatory Act of 1996 applies to causes of action |
filed on or
after January 1, 1996.
|
(Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)
|
(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.
|
(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.
|
(B) Notice and Response to Charge.
|
(1) The Department shall serve
notice upon the |
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 shall require the respondent to file a |
verified response to
the allegations contained in the |
charge within 30 days. The respondent
shall serve a copy of |
its response on the complainant or his
representative. All |
allegations contained in the charge
not timely denied by |
the respondent shall 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
shall issue
a notice of |
default directed to any respondent who fails to file a |
verified
response to a charge within 30 days of the date on |
which the charge was
filed, 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
receives the respondent's response, the complainant may |
file his reply to
said response. If he chooses to file a |
|
reply, the complainant shall serve
a copy of said reply on |
the respondent or his representative. A party
shall have |
the right to supplement his response or reply at any time |
that
the investigation of the charge is pending.
|
(2) A person who is not named as a respondent in a |
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.
|
(C) Investigation.
|
(1) The Department shall conduct a full investigation
|
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.
|
(2) If the Department is unable to complete the |
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.
|
(3) The Director or his or her designated |
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.
|
(4) 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, 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.
|
(5) Upon reasonable notice to the complainant and the |
|
respondent,
the Department shall conduct a fact finding |
conference, unless prior to
100 days from 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. 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 |
Chief Legal
Counsel of the Department
within 30 days of |
receipt of notice of dismissal or default.
|
(D) Report.
|
(1) Each investigated charge 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.
|
The report shall contain:
|
(a) the names and dates of contacts with witnesses;
|
(b) a summary and the date of correspondence and |
other contacts with the
aggrieved party and the |
respondent;
|
(c) a summary description of other pertinent |
records;
|
(d) a summary of witness statements; and
|
(e) answers to questionnaires.
|
A final report under this paragraph may be amended if |
additional evidence
is later discovered.
|
(2) Upon review of the report and within 100 days of |
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.
|
(a) If the Director determines that there is no |
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 30 days from |
receipt of notice
to file a request for review by the |
Chief Legal Counsel of the Department. The
Director |
shall make
public disclosure of each such dismissal.
|
(b) If the Director determines that there is |
substantial evidence, he or
she shall immediately |
issue a complaint on behalf of the aggrieved party
|
pursuant to subsection (F).
|
(E) Conciliation.
|
(1) During the period beginning with the filing of
|
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.
|
When the Department determines that a formal
|
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.
|
(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.
|
(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.
|
(Source: P.A. 89-370, eff. 8-18-95.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|