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Public Act 102-0706


 

Public Act 0706 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0706
 
HB4605 EnrolledLRB102 24078 LNS 33299 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 8-111 and 10-102 as follows:
 
    (775 ILCS 5/8-111)  (from Ch. 68, par. 8-111)
    Sec. 8-111. Court Proceedings.
    (A) Civil Actions Commenced in Circuit Court.
        (1) Venue. Civil actions commenced in a circuit court
    pursuant to Section 7A-102 or 8B-102 shall be commenced in
    the circuit court in the county in which the civil rights
    violation was allegedly committed.
        (2) If a civil action is commenced in a circuit court,
    the form of the complaint shall be in accordance with the
    Code of Civil Procedure.
        (3) Jury Trial. If a civil action is commenced in a
    circuit court under Section 7A-102 or 8B-102, the
    plaintiff or defendant may demand trial by jury.
        (4) Remedies. Upon the finding of a civil rights
    violation, the circuit court or jury may award any of the
    remedies set forth in Section 8A-104 or 8B-104.
    (B) Judicial Review.
        (1) Any complainant or respondent may apply for and
    obtain judicial review of a final order of the Commission
    entered under this Act by filing a petition for review in
    the Appellate Court within 35 days from the date that a
    copy of the decision sought to be reviewed was served upon
    the party affected by the decision. If a 3-member panel or
    the full Commission finds that an interlocutory order
    involves a question of law as to which there is
    substantial ground for difference of opinion and that an
    immediate appeal from the order may materially advance the
    ultimate termination of the litigation, any party may
    petition the Appellate Court for permission to appeal the
    order. The procedure for obtaining the required Commission
    findings and the permission of the Appellate Court shall
    be governed by Supreme Court Rule 308, except the
    references to the "trial court" shall be understood as
    referring to the Commission.
        (2) In any proceeding brought for judicial review, the
    Commission's findings of fact shall be sustained unless
    the court determines that such findings are contrary to
    the manifest weight of the evidence.
        (3) Venue. Proceedings for judicial review shall be
    commenced in the appellate court for the district wherein
    the civil rights violation which is the subject of the
    Commission's order was allegedly committed.
    (C) Judicial Enforcement.
        (1) When the Commission, at the instance of the
    Department or an aggrieved party, concludes that any
    person has violated a valid order of the Commission issued
    pursuant to this Act, and the violation and its effects
    are not promptly corrected, the Commission, through a
    panel of 3 members, shall order the Department to commence
    an action in the name of the People of the State of
    Illinois by complaint, alleging the violation, attaching a
    copy of the order of the Commission and praying for the
    issuance of an order directing such person, his or her or
    its officers, agents, servants, successors and assigns to
    comply with the order of the Commission.
        (2) An aggrieved party may file a complaint for
    enforcement of a valid order of the Commission directly in
    Circuit Court.
        (3) Upon the commencement of an action filed under
    paragraphs (1) or (2) of this subsection, the court shall
    have jurisdiction over the proceedings and power to grant
    or refuse, in whole or in part, the relief sought or impose
    such other remedy as the court may deem proper.
        (4) The court may stay an order of the Commission in
    accordance with the applicable Supreme Court rules,
    pending disposition of the proceedings.
        (5) The court may punish for any violation of its
    order as in the case of civil contempt.
        (6) Venue. Proceedings for judicial enforcement of a
    Commission order shall be commenced in the circuit court
    in the county wherein the civil rights violation which is
    the subject of the Commission's order was committed.
    (D) Limitation. Except as otherwise provided by law, no
court of this state shall have jurisdiction over the subject
of an alleged civil rights violation other than as set forth in
this Act.
    (E) This amendatory Act of 1996 applies to causes of
action filed on or after January 1, 1996.
    (F) The changes made to this Section by this amendatory
Act of the 95th General Assembly apply to charges or
complaints filed with the Department or the Commission on or
after the effective date of those changes.
(Source: P.A. 101-661, eff. 4-2-21.)
 
    (775 ILCS 5/10-102)  (from Ch. 68, par. 10-102)
    Sec. 10-102. Court Actions.
    (A) Circuit Court Actions.
        (1) An aggrieved party may commence a civil action in
    an appropriate Circuit Court not later than 2 years after
    the occurrence or the termination of an alleged civil
    rights violation or the breach of a conciliation or
    settlement agreement entered into under this Act,
    whichever occurs last, to obtain appropriate relief with
    respect to the alleged civil rights violation or breach.
    The plaintiff or defendant may demand trial by jury for
    civil actions brought under this subsection. Venue for
    such civil action shall be determined under Section
    8-111(A)(1).
        (2) The computation of such 2-year period shall not
    include any time during which an administrative proceeding
    under this Act was pending with respect to a complaint or
    charge under this Act based upon the alleged civil rights
    violation. This paragraph does not apply to actions
    arising from a breach of a conciliation or settlement
    agreement.
        (3) An aggrieved party may commence a civil action
    under this subsection whether or not a charge has been
    filed under Section 7B-102 and without regard to the
    status of any such charge, however, if the Department or
    local agency has obtained a conciliation or settlement
    agreement with the consent of an aggrieved party, no
    action may be filed under this subsection by such
    aggrieved party with respect to the alleged civil rights
    violation practice which forms the basis for such
    complaint except for the purpose of enforcing the terms of
    such conciliation or settlement agreement.
        (4) An aggrieved party shall not commence a civil
    action under this subsection with respect to an alleged
    civil rights violation which forms the basis of a
    complaint issued by the Department if a hearing officer
    has commenced a hearing on the record under Article 3 of
    this Act with respect to such complaint.
    (B) Appointment of Attorney by Court. Upon application by
a person alleging a civil rights violation or a person against
whom the civil rights violation is alleged, if in the opinion
of the court such person is financially unable to bear the
costs of such action, the court may:
        (1) appoint an attorney for such person, any attorney
    so appointed may petition for an award of attorneys fees
    pursuant to subsection (C)(2) of this Section; or
        (2) authorize the commencement or continuation of a
    civil action under subsection (A) without the payment of
    fees, costs, or security.
    (C) Relief which may be granted.
        (1) In a civil action under subsection (A) if the
    court finds that a civil rights violation has occurred or
    is about to occur, the court may award to the plaintiff
    actual and punitive damages, and may grant as relief, as
    the court deems appropriate, 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 such
    affirmative action as may be appropriate.
        (2) In a civil action under subsection (A), the court,
    in its discretion, may allow the prevailing party, other
    than the State of Illinois, reasonable attorneys fees and
    costs. The State of Illinois shall be liable for such fees
    and costs to the same extent as a private person.
    (D) Intervention By The Department. The Attorney General
of Illinois may intervene on behalf of the Department if the
Department certifies that the case is of general public
importance. Upon such intervention the court may award such
relief as is authorized to be granted to a plaintiff in a civil
action under Section 10-102(C).
(Source: P.A. 101-661, eff. 4-2-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 4/22/2022