|
|
||||
| Public Act 094-0146 |
||||
| ||||
| ||||
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 Section 7A-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 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. | ||
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.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||