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| Public Act 102-0706 | ||||
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Sections 8-111 and 10-102 as follows:
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(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
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Sec. 8-111. Court Proceedings.
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(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
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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
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references to the "trial court" shall be understood as | ||
referring to the
Commission.
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(2) In any proceeding brought for judicial review, the
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Commission's findings
of fact shall be sustained unless | ||
the
court determines that such findings
are contrary to | ||
the manifest weight of the evidence.
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(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.
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(C) Judicial Enforcement.
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(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.
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(2) An aggrieved party may file a complaint for | ||
enforcement of a valid
order of the Commission directly in | ||
Circuit Court.
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(3) Upon the commencement of an action filed under
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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.
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(4) The court may stay an order of the Commission in | ||
accordance with the
applicable Supreme Court rules, | ||
pending disposition of the proceedings.
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(5) The court may punish for any violation of its | ||
order as in the
case of civil contempt.
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(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.
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(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.
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(E) This amendatory Act of 1996 applies to causes of | ||
action filed on or
after January 1, 1996.
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(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
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after the effective date of those changes.
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(Source: P.A. 101-661, eff. 4-2-21.)
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(775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
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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
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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).
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(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.
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(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
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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.
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(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.
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(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:
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(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
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(2) authorize the commencement or continuation of a | ||
civil action under
subsection (A) without the payment of | ||
fees, costs, or security.
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(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
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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.
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(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.
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(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).
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(Source: P.A. 101-661, eff. 4-2-21.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||