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1 | AN ACT concerning human rights.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Human Rights Act is amended by | |||||||||||||||||||||
5 | changing Sections 7A-102 and 7B-102 as follows:
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6 | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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7 | Sec. 7A-102. Procedures.
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8 | (A) Charge.
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9 | (1) Within 180 days after the
date that a civil rights | |||||||||||||||||||||
10 | violation allegedly has been committed, a
charge in writing | |||||||||||||||||||||
11 | under oath or affirmation may be filed with the
Department | |||||||||||||||||||||
12 | by an aggrieved party or issued by the Department itself
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13 | under the signature of the Director.
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14 | (2) The charge shall be in such detail as to | |||||||||||||||||||||
15 | substantially apprise
any party properly concerned as to | |||||||||||||||||||||
16 | the time, place, and facts
surrounding the alleged civil | |||||||||||||||||||||
17 | rights violation.
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18 | (3) Charges deemed filed with the Department pursuant | |||||||||||||||||||||
19 | to subsection (A-1) of this Section shall be deemed to be | |||||||||||||||||||||
20 | in compliance with this subsection. | |||||||||||||||||||||
21 | (A-1) Equal Employment Opportunity Commission Charges. | |||||||||||||||||||||
22 | (1) If a charge is filed with the Equal Employment | |||||||||||||||||||||
23 | Opportunity Commission (EEOC) within 180 days after the |
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1 | date of the alleged civil rights violation, the charge | ||||||
2 | shall be deemed filed with the Department on the date filed | ||||||
3 | with the EEOC. If the EEOC is the governmental agency | ||||||
4 | designated to investigate the charge first, the Department | ||||||
5 | shall take no action until the EEOC makes a determination | ||||||
6 | on the charge and after the complainant notifies the | ||||||
7 | Department of the EEOC's determination. In such cases, | ||||||
8 | after receiving notice from the EEOC that a charge was | ||||||
9 | filed, the Department shall notify the parties that (i) a | ||||||
10 | charge has been received by the EEOC and has been sent to | ||||||
11 | the Department for dual filing purposes; (ii) the EEOC is | ||||||
12 | the governmental agency responsible for investigating the | ||||||
13 | charge and that the investigation shall be conducted | ||||||
14 | pursuant to the rules and procedures adopted by the EEOC; | ||||||
15 | (iii) it will take no action on the charge until the EEOC | ||||||
16 | issues its determination; (iv) the complainant must submit | ||||||
17 | a copy of the EEOC's determination within 30 days after | ||||||
18 | service of the determination by the EEOC on complainant; | ||||||
19 | and (v) that the time period to investigate the charge | ||||||
20 | contained in subsection (G) of this Section is tolled from | ||||||
21 | the date on which the charge is filed with the EEOC until | ||||||
22 | the EEOC issues its determination. | ||||||
23 | (2) If the EEOC finds reasonable cause to believe that | ||||||
24 | there has been a violation of federal law and if the | ||||||
25 | Department is timely notified of the EEOC's findings by | ||||||
26 | complainant, the Department shall notify complainant that |
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1 | the Department has adopted the EEOC's determination of | ||||||
2 | reasonable cause and that complainant has the right, within | ||||||
3 | 90 days after receipt of the Department's notice, to either | ||||||
4 | file his or her own complaint with the Illinois Human | ||||||
5 | Rights Commission or commence a civil action in the | ||||||
6 | appropriate circuit court or other appropriate court of | ||||||
7 | competent jurisdiction. The Department's notice to | ||||||
8 | complainant that the Department has adopted the EEOC's | ||||||
9 | determination of reasonable cause shall constitute the | ||||||
10 | Department's Report for purposes of subparagraph (D) of | ||||||
11 | this Section. | ||||||
12 | (3) For those charges alleging violations within the | ||||||
13 | jurisdiction of both the EEOC and the Department and for | ||||||
14 | which the EEOC either (i) does not issue a determination, | ||||||
15 | but does issue the complainant a notice of a right to sue, | ||||||
16 | including when the right to sue is issued at the request of | ||||||
17 | the complainant, or (ii) determines that it is unable to | ||||||
18 | establish that illegal discrimination has occurred and | ||||||
19 | issues the complainant a right to sue notice, and if the | ||||||
20 | Department is timely notified of the EEOC's determination | ||||||
21 | by complainant, the Department shall notify the parties | ||||||
22 | that the Department will adopt the EEOC's determination as | ||||||
23 | a dismissal for lack of substantial evidence unless the | ||||||
24 | complainant requests in writing within 35 days after | ||||||
25 | receipt of the Department's notice that the Department | ||||||
26 | review the EEOC's determination. |
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1 | (a) If the complainant does not file a written | ||||||
2 | request with the Department to review the EEOC's | ||||||
3 | determination within 35 days after receipt of the | ||||||
4 | Department's notice, the Department shall notify | ||||||
5 | complainant that the decision of the EEOC has been | ||||||
6 | adopted by the Department as a dismissal for lack of | ||||||
7 | substantial evidence and that the complainant has the | ||||||
8 | right, within 90 days after receipt of the Department's | ||||||
9 | notice, to commence a civil action in the appropriate | ||||||
10 | circuit court or other appropriate court of competent | ||||||
11 | jurisdiction. The Department's notice to complainant | ||||||
12 | that the Department has adopted the EEOC's | ||||||
13 | determination shall constitute the Department's report | ||||||
14 | for purposes of subparagraph (D) of this Section. | ||||||
15 | (b) If the complainant does file a written request | ||||||
16 | with the Department to review the EEOC's | ||||||
17 | determination, the Department shall review the EEOC's | ||||||
18 | determination and any evidence obtained by the EEOC | ||||||
19 | during its investigation. If, after reviewing the | ||||||
20 | EEOC's determination and any evidence obtained by the | ||||||
21 | EEOC, the Department determines there is no need for | ||||||
22 | further investigation of the charge, the Department | ||||||
23 | shall issue a report and the Director shall determine | ||||||
24 | whether there is substantial evidence that the alleged | ||||||
25 | civil rights violation has been committed pursuant to | ||||||
26 | subsection (D) of Section 7A-102. If, after reviewing |
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1 | the EEOC's determination and any evidence obtained by | ||||||
2 | the EEOC, the Department determines there is a need for | ||||||
3 | further investigation of the charge, the Department | ||||||
4 | may conduct any further investigation it deems | ||||||
5 | necessary. After reviewing the EEOC's determination, | ||||||
6 | the evidence obtained by the EEOC, and any additional | ||||||
7 | investigation conducted by the Department, the | ||||||
8 | Department shall issue a report and the Director shall | ||||||
9 | determine whether there is substantial evidence that | ||||||
10 | the alleged civil rights violation has been committed | ||||||
11 | pursuant to subsection (D) of Section 7A-102 of this | ||||||
12 | Act. | ||||||
13 | (4) Pursuant to this Section, if the EEOC dismisses the | ||||||
14 | charge or a portion of the charge of discrimination | ||||||
15 | because, under federal law, the EEOC lacks jurisdiction | ||||||
16 | over the charge, and if, under this Act, the Department has | ||||||
17 | jurisdiction over the charge of discrimination, the | ||||||
18 | Department shall investigate the charge or portion of the | ||||||
19 | charge dismissed by the EEOC for lack of jurisdiction | ||||||
20 | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | ||||||
21 | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | ||||||
22 | this Act. | ||||||
23 | (5) The time limit set out in subsection (G) of this | ||||||
24 | Section is tolled from the date on which the charge is | ||||||
25 | filed with the EEOC to the date on which the EEOC issues | ||||||
26 | its determination.
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1 | (B) Notice and Response to Charge.
The Department shall, | ||||||
2 | within 10
days of the date on which the charge
was filed, serve | ||||||
3 | a copy of the charge on the respondent. This period shall
not | ||||||
4 | be construed to be jurisdictional. The charging party and the | ||||||
5 | respondent
may each file a position statement and other | ||||||
6 | materials with the Department
regarding the charge of alleged | ||||||
7 | discrimination within 60 days of receipt of the request by the | ||||||
8 | Department
notice of the charge . The position statements and | ||||||
9 | other materials filed shall
remain confidential unless | ||||||
10 | otherwise agreed to by the party providing the
information and | ||||||
11 | shall not be served on or made available to the other
party | ||||||
12 | during pendency
of a charge with the Department. The Department | ||||||
13 | may
shall
require the respondent to file a verified response to
| ||||||
14 | the allegations contained in the charge within 60 days of | ||||||
15 | receipt of the request by the Department
notice of the
charge . | ||||||
16 | The respondent shall serve a copy
of its response on the
| ||||||
17 | complainant or his or her representative. All allegations | ||||||
18 | contained in the charge
not timely denied by the respondent may | ||||||
19 | shall be deemed admitted, unless the
respondent states that it | ||||||
20 | is without sufficient information to
form a belief with respect | ||||||
21 | to such allegation. The Department may issue
a notice of | ||||||
22 | default directed to any respondent who fails to file a
verified | ||||||
23 | response to a charge within 60 days of receipt of the request | ||||||
24 | by the Department
notice of the charge ,
unless the respondent | ||||||
25 | can
demonstrate good cause as
to why such notice should not | ||||||
26 | issue. The term "good cause" shall be defined by rule |
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1 | promulgated by the Department. Within 30 days of receipt
of the | ||||||
2 | respondent's response, the complainant may file a
reply to
said | ||||||
3 | response and may
shall serve
a copy of said reply on the | ||||||
4 | respondent or his or her representative. A party may
shall have | ||||||
5 | the right to supplement his or her response or reply at any | ||||||
6 | time that
the investigation of the charge is pending. The | ||||||
7 | Department shall,
within 10 days of the date on which the | ||||||
8 | charge was filed,
and again no later than 335 days thereafter,
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9 | send by certified or registered mail written notice to the | ||||||
10 | complainant
and to the respondent
informing the complainant
of | ||||||
11 | the complainant's right to either file a complaint with the | ||||||
12 | Human
Rights Commission or commence a civil action in the | ||||||
13 | appropriate circuit court
under subparagraph (2) of paragraph | ||||||
14 | (G), including in such notice the dates
within which the | ||||||
15 | complainant may exercise this right.
In the notice the | ||||||
16 | Department shall notify the complainant that the
charge of | ||||||
17 | civil rights violation will be dismissed with prejudice and | ||||||
18 | with no
right to further proceed if a written complaint is not | ||||||
19 | timely filed with
the Commission or with the appropriate | ||||||
20 | circuit court by the complainant pursuant to subparagraph (2) | ||||||
21 | of paragraph (G)
or by the Department pursuant to subparagraph | ||||||
22 | (1) of paragraph (G).
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23 | (B-1) Mediation. The complainant and respondent may agree | ||||||
24 | to voluntarily
submit the charge
to mediation without waiving | ||||||
25 | any rights that are otherwise available to
either party | ||||||
26 | pursuant to this Act and without incurring any obligation to
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1 | accept the result of the mediation process. Nothing occurring | ||||||
2 | in mediation
shall
be disclosed by the Department or admissible | ||||||
3 | in evidence in any subsequent
proceeding unless the complainant | ||||||
4 | and the respondent agree in writing that such
disclosure be | ||||||
5 | made.
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6 | (C) Investigation.
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7 | (1) After the respondent has been notified, the
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8 | Department shall conduct a full investigation of the | ||||||
9 | allegations set
forth in the charge.
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10 | (2) The Director or his or her designated | ||||||
11 | representatives shall have
authority to request any member | ||||||
12 | of the Commission to issue subpoenas to
compel the | ||||||
13 | attendance of a witness or the production for
examination | ||||||
14 | of any books, records or documents whatsoever.
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15 | (3) If any witness whose testimony is required for any | ||||||
16 | investigation
resides outside the State, or through | ||||||
17 | illness or any other good cause as
determined by the | ||||||
18 | Director is unable to be interviewed by the investigator
or | ||||||
19 | appear at a fact finding conference, his or her testimony | ||||||
20 | or deposition
may be taken, within or without the State, in | ||||||
21 | the same manner as is
provided for in the taking of | ||||||
22 | depositions in civil cases in circuit courts.
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23 | (4) Upon reasonable notice to the complainant and the | ||||||
24 | respondent,
the Department shall conduct a fact finding | ||||||
25 | conference, unless prior to
365 days after the date on | ||||||
26 | which the charge was filed the Director has determined |
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1 | whether there is substantial evidence
that the alleged | ||||||
2 | civil rights violation has been committed, the charge has
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3 | been dismissed for lack of jurisdiction, or the parties | ||||||
4 | voluntarily and in writing agree to waive the fact finding | ||||||
5 | conference. Any party's failure to attend the conference | ||||||
6 | without good cause
shall result in dismissal or default. | ||||||
7 | The term "good cause"
shall
be defined by rule promulgated | ||||||
8 | by the Department. A notice of dismissal or
default shall | ||||||
9 | be issued by the Director. The notice of default issued by | ||||||
10 | the Director shall notify the respondent that a request for | ||||||
11 | review may be filed in writing with the Commission
within | ||||||
12 | 30 days of receipt of notice of default. The notice of | ||||||
13 | dismissal issued by the Director shall give
the complainant | ||||||
14 | notice of his or her right to seek review of the dismissal
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15 | before the Human Rights Commission or commence a civil | ||||||
16 | action in the
appropriate circuit court. If the complainant | ||||||
17 | chooses to have the Human Rights Commission review the | ||||||
18 | dismissal order, he or she shall file a request for review | ||||||
19 | with the Commission within 90 days after receipt of the | ||||||
20 | Director's notice. If the complainant chooses to file a | ||||||
21 | request for review with the Commission, he or she may not | ||||||
22 | later commence a civil action in a circuit court. If the | ||||||
23 | complainant chooses to commence a civil action in a circuit | ||||||
24 | court, he or she must do so within 90 days after receipt of | ||||||
25 | the Director's notice.
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26 | (D) Report.
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1 | (1) Each charge shall be the
subject of a
report to the | ||||||
2 | Director. The report shall be a confidential document
| ||||||
3 | subject to review by the Director, authorized Department | ||||||
4 | employees, the
parties, and, where indicated by this Act, | ||||||
5 | members of the Commission or
their designated hearing | ||||||
6 | officers.
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7 | (2) Upon review of the report, the Director shall | ||||||
8 | determine whether
there is substantial evidence that the | ||||||
9 | alleged civil rights violation
has been committed.
The | ||||||
10 | determination of substantial evidence is limited to | ||||||
11 | determining the need
for further consideration of the | ||||||
12 | charge pursuant to this Act
and includes, but is not | ||||||
13 | limited to, findings of fact and conclusions, as well
as | ||||||
14 | the reasons for the determinations on all material issues. | ||||||
15 | Substantial evidence is evidence which a reasonable mind | ||||||
16 | accepts
as sufficient to support a particular conclusion | ||||||
17 | and which consists of more
than a mere scintilla but may be | ||||||
18 | somewhat less than a preponderance.
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19 | (3) If the Director determines
that there is no | ||||||
20 | substantial
evidence, the charge shall be dismissed by | ||||||
21 | order of the
Director and the Director shall give the
| ||||||
22 | complainant notice of his or her right to seek review of | ||||||
23 | the dismissal order before the
Commission or commence a | ||||||
24 | civil action in the appropriate circuit court. If the | ||||||
25 | complainant chooses to have the Human Rights Commission | ||||||
26 | review the dismissal order, he or she shall file a request |
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1 | for review with the Commission within 90 days after receipt | ||||||
2 | of the Director's notice. If the complainant chooses to | ||||||
3 | file a request for review with the Commission, he or she | ||||||
4 | may not later commence a civil action in a circuit court. | ||||||
5 | If the complainant chooses to commence a civil action in a | ||||||
6 | circuit court, he or she must do so within 90 days after | ||||||
7 | receipt of the Director's notice.
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8 | (4) If the Director determines that there is | ||||||
9 | substantial evidence, he or she shall notify the | ||||||
10 | complainant and respondent of that determination. The | ||||||
11 | Director shall also notify the parties that the complainant | ||||||
12 | has the right to either commence a civil action in the | ||||||
13 | appropriate circuit court or request that the Department of | ||||||
14 | Human Rights file a complaint with the Human Rights | ||||||
15 | Commission on his or her behalf. Any such complaint shall | ||||||
16 | be filed within 90 days after receipt of the Director's | ||||||
17 | notice. If the complainant chooses to have the Department | ||||||
18 | file a complaint with the Human Rights Commission on his or | ||||||
19 | her behalf, the complainant must, within 30 days after | ||||||
20 | receipt of the Director's notice, request in writing that | ||||||
21 | the Department file the complaint. If the complainant | ||||||
22 | timely requests that the Department file the complaint, the | ||||||
23 | Department shall file the complaint on his or her behalf. | ||||||
24 | If the complainant fails to timely request that the | ||||||
25 | Department file the complaint, the complainant may file his | ||||||
26 | or her complaint with the Commission or commence a civil |
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1 | action in the appropriate circuit court.
If the complainant | ||||||
2 | files a complaint with
the Human Rights Commission, the | ||||||
3 | complainant shall give notice to the
Department of the | ||||||
4 | filing of the complaint with the Human Rights Commission. | ||||||
5 | (E) Conciliation.
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6 |
(1) When there is a finding of substantial evidence, | ||||||
7 | the Department may designate a Department employee who is | ||||||
8 | an attorney
licensed to practice in Illinois to endeavor to | ||||||
9 | eliminate the effect of
the alleged civil rights violation | ||||||
10 | and to prevent its repetition by
means of conference and | ||||||
11 | conciliation.
| ||||||
12 | (2) When the Department determines that a formal
| ||||||
13 | conciliation conference is necessary, the complainant and | ||||||
14 | respondent
shall be notified of the time and place of the | ||||||
15 | conference by registered
or certified mail at least 10 days | ||||||
16 | prior thereto and either or both
parties shall appear at | ||||||
17 | the conference in person or by attorney.
| ||||||
18 | (3) The place fixed for the conference shall be within | ||||||
19 | 35 miles of
the place where the civil rights violation is | ||||||
20 | alleged to have been
committed.
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21 | (4) Nothing occurring at the conference shall be | ||||||
22 | disclosed by the
Department unless
the complainant and | ||||||
23 | respondent agree in writing that
such disclosure be made.
| ||||||
24 | (5) The Department's efforts to conciliate the matter | ||||||
25 | shall not stay or extend the time for filing the complaint | ||||||
26 | with the Commission or the circuit court.
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1 | (F) Complaint.
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2 | (1) When the complainant requests that the Department | ||||||
3 | file a complaint with the Commission on his or her behalf, | ||||||
4 | the Department shall prepare a
written complaint, under | ||||||
5 | oath or affirmation, stating the nature of the
civil rights | ||||||
6 | violation substantially as alleged in the charge | ||||||
7 | previously
filed and the relief sought on behalf of the | ||||||
8 | aggrieved party. The Department shall file the complaint | ||||||
9 | with the Commission.
| ||||||
10 | (2) If the complainant chooses to commence a civil | ||||||
11 | action in a circuit court, he or she must do so in the | ||||||
12 | circuit court in the county wherein the civil rights | ||||||
13 | violation was allegedly committed. The form of the | ||||||
14 | complaint in any such civil action shall be in accordance | ||||||
15 | with the Illinois Code of Civil Procedure.
| ||||||
16 | (G) Time Limit.
| ||||||
17 | (1) When a charge of a civil rights violation has been
| ||||||
18 | properly filed, the Department, within 365
days thereof or | ||||||
19 | within any
extension of that period agreed to in writing by | ||||||
20 | all parties, shall issue its report as required by | ||||||
21 | subparagraph (D). Any such report
shall be duly served upon | ||||||
22 | both the complainant and the respondent.
| ||||||
23 | (2) If the Department has not issued its report within | ||||||
24 | 365 days after the charge is filed, or any such longer | ||||||
25 | period agreed to in writing by all the parties, the | ||||||
26 | complainant shall have 90 days to either file his or her |
| |||||||
| |||||||
1 | own complaint with the Human Rights Commission or commence | ||||||
2 | a civil action in the appropriate circuit court. If the | ||||||
3 | complainant files a complaint with the Commission, the form | ||||||
4 | of the complaint shall be in accordance with the provisions | ||||||
5 | of
paragraph (F)(1). If the complainant commences a civil | ||||||
6 | action in a circuit court, the form of the complaint shall | ||||||
7 | be in accordance with the Illinois Code of Civil Procedure. | ||||||
8 | The aggrieved party shall notify the Department that a
| ||||||
9 | complaint
has been filed and shall serve a copy of the | ||||||
10 | complaint on the Department
on the same date that the | ||||||
11 | complaint is filed with the Commission or in circuit court. | ||||||
12 | If the complainant files a complaint with the Commission, | ||||||
13 | he or she may not later commence a civil action in circuit | ||||||
14 | court.
| ||||||
15 | (3) If an aggrieved party files a complaint
with the
| ||||||
16 | Human Rights Commission or commences a civil action in | ||||||
17 | circuit court pursuant to paragraph (2) of this subsection, | ||||||
18 | or if
the time period for filing a complaint has expired, | ||||||
19 | the
Department shall immediately cease its investigation | ||||||
20 | and
dismiss the charge of civil rights violation.
Any final | ||||||
21 | order entered by the Commission under this Section is
| ||||||
22 | appealable in accordance with paragraph (B)(1) of Section | ||||||
23 | 8-111.
Failure to immediately cease an investigation and | ||||||
24 | dismiss the charge of civil
rights violation as provided in | ||||||
25 | this paragraph
(3) constitutes grounds for entry of an | ||||||
26 | order by the circuit court permanently
enjoining the
|
| |||||||
| |||||||
1 | investigation. The Department may also be liable for any
| ||||||
2 | costs and other damages incurred by the respondent as a | ||||||
3 | result of the action of
the Department.
| ||||||
4 | (4) The Department shall stay any administrative | ||||||
5 | proceedings
under this Section after the filing of a civil | ||||||
6 | action by or on behalf of the
aggrieved party under any | ||||||
7 | federal or State law seeking relief with respect to
the
| ||||||
8 | alleged civil rights violation.
| ||||||
9 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
10 | filed on or
after January 1, 1996.
| ||||||
11 | (I) This amendatory Act of 1996 applies to causes of action | ||||||
12 | filed on or
after January 1, 1996.
| ||||||
13 | (J) The changes made to this Section by Public Act 95-243 | ||||||
14 | apply to charges filed on or
after the effective date of those | ||||||
15 | changes.
| ||||||
16 | (K) The changes made to this Section by this amendatory Act | ||||||
17 | of the 96th General Assembly apply to charges filed on or
after | ||||||
18 | the effective date of those changes. | ||||||
19 | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596, | ||||||
20 | eff. 8-26-11; 97-813, eff. 7-13-12.)
| ||||||
21 | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| ||||||
22 | Sec. 7B-102. Procedures.
| ||||||
23 | (A) Charge.
| ||||||
24 | (1) Within one year after the
date that a civil rights | ||||||
25 | violation allegedly has been committed or terminated,
a |
| |||||||
| |||||||
1 | charge in writing under oath or affirmation may be filed | ||||||
2 | with the
Department by an aggrieved party or issued by the | ||||||
3 | Department itself
under the signature of the Director.
| ||||||
4 | (2) The charge shall be in such detail as to | ||||||
5 | substantially apprise
any party properly concerned as to | ||||||
6 | the time, place, and facts
surrounding the alleged civil | ||||||
7 | rights violation.
| ||||||
8 | (B) Notice and Response to Charge.
| ||||||
9 | (1) The Department shall serve
notice upon the | ||||||
10 | aggrieved party acknowledging such charge and advising the
| ||||||
11 | aggrieved party of the time limits and choice of forums | ||||||
12 | provided under this
Act. The Department shall, within 10 | ||||||
13 | days of the date on which the charge
was filed or the | ||||||
14 | identification of an additional respondent under paragraph
| ||||||
15 | (2) of this subsection, serve on the respondent a copy of | ||||||
16 | the charge along with a notice
identifying the alleged | ||||||
17 | civil rights violation and advising the
respondent of the | ||||||
18 | procedural rights and obligations of respondents under
| ||||||
19 | this Act and may shall require the respondent to file a | ||||||
20 | verified response to
the allegations contained in the | ||||||
21 | charge within 30 days of receipt of the request by the | ||||||
22 | Department . The respondent
shall serve a copy of its | ||||||
23 | response on the complainant or his or her
representative. | ||||||
24 | All allegations contained in the charge
not timely denied | ||||||
25 | by the respondent may shall be deemed admitted, unless the
| ||||||
26 | respondent states that it is without sufficient |
| |||||||
| |||||||
1 | information to
form a belief with respect to such | ||||||
2 | allegation. The Department may issue
a notice of default | ||||||
3 | directed to any respondent who fails to file a verified
| ||||||
4 | response to a charge within 30 days of the receipt of the | ||||||
5 | request by the Department date on which the charge was
| ||||||
6 | filed , unless the respondent can demonstrate good cause as
| ||||||
7 | to why such notice should not issue. The term "good cause" | ||||||
8 | shall be defined by rule promulgated by the Department. | ||||||
9 | Within 10 days of the date he or she
receives the | ||||||
10 | respondent's response, the complainant may file his or her | ||||||
11 | reply to
said response. If he or she chooses to file a | ||||||
12 | reply, the complainant may shall serve
a copy of said reply | ||||||
13 | on the respondent or his or her representative. A party may
| ||||||
14 | shall have the right to supplement his or her response or | ||||||
15 | reply at any time that
the investigation of the charge is | ||||||
16 | pending.
| ||||||
17 | (2) A person who is not named as a respondent in a | ||||||
18 | charge, but who is
identified as a respondent in the course | ||||||
19 | of investigation, may be joined as
an additional or | ||||||
20 | substitute respondent upon written notice, under | ||||||
21 | subsection
(B), to such person, from the Department.
Such | ||||||
22 | notice, in addition to meeting the requirements of | ||||||
23 | subsections (A)
and (B), shall explain the basis for the | ||||||
24 | Department's belief that a person
to whom the notice is | ||||||
25 | addressed is properly joined as a respondent.
| ||||||
26 | (C) Investigation.
|
| |||||||
| |||||||
1 | (1) The Department shall conduct a full investigation
| ||||||
2 | of the allegations set forth in the charge and complete | ||||||
3 | such investigation
within 100 days after the filing of the | ||||||
4 | charge, unless it is impracticable to
do so. The | ||||||
5 | Department's failure to complete the investigation within | ||||||
6 | 100 days after the proper filing of the charge does not | ||||||
7 | deprive the Department of jurisdiction over the charge.
| ||||||
8 | (2) If the Department is unable to complete the | ||||||
9 | investigation within 100
days after the charge is filed, | ||||||
10 | the Department shall notify the complainant
and respondent | ||||||
11 | in writing of the reasons for not doing so.
| ||||||
12 | (3) The Director or his or her designated | ||||||
13 | representative shall have
authority to request any member | ||||||
14 | of the Commission to issue subpoenas to
compel the | ||||||
15 | attendance of a witness or the production for
examination | ||||||
16 | of any books, records or documents whatsoever.
| ||||||
17 | (4) If any witness whose testimony is required for any | ||||||
18 | investigation
resides outside the State, or through | ||||||
19 | illness or any other good cause as
determined by the | ||||||
20 | Director is unable to be interviewed by the investigator
or | ||||||
21 | appear at a fact finding conference, his or her testimony | ||||||
22 | or deposition
may be taken, within or without the State, in | ||||||
23 | the same manner as
provided for in the taking of | ||||||
24 | depositions in civil cases in circuit courts.
| ||||||
25 | (5) Upon reasonable notice to the complainant and the | ||||||
26 | respondent,
the Department shall conduct a fact finding |
| |||||||
| |||||||
1 | conference, unless prior to
100 days from the date on which | ||||||
2 | the charge was filed, the Director has
determined whether | ||||||
3 | there is substantial evidence that the alleged civil
rights | ||||||
4 | violation has been committed or the parties voluntarily and | ||||||
5 | in writing agree to waive the fact finding conference. A | ||||||
6 | party's failure to attend the
conference
without good cause | ||||||
7 | may result in dismissal or default. A notice of dismissal
| ||||||
8 | or default shall be issued by the Director and shall notify | ||||||
9 | the relevant
party that a request for review may be filed | ||||||
10 | in writing with the Commission
within 30 days of receipt of | ||||||
11 | notice of dismissal or default.
| ||||||
12 | (D) Report.
| ||||||
13 | (1) Each investigated charge shall be the subject of a
| ||||||
14 | report to the Director. The report shall be a confidential | ||||||
15 | document
subject to review by the Director, authorized | ||||||
16 | Department employees, the
parties, and, where indicated by | ||||||
17 | this Act, members of the Commission or
their designated | ||||||
18 | hearing officers.
| ||||||
19 | The report shall contain:
| ||||||
20 | (a) the names and dates of contacts with witnesses;
| ||||||
21 | (b) a summary and the date of correspondence and | ||||||
22 | other contacts with the
aggrieved party and the | ||||||
23 | respondent;
| ||||||
24 | (c) a summary description of other pertinent | ||||||
25 | records;
| ||||||
26 | (d) a summary of witness statements; and
|
| |||||||
| |||||||
1 | (e) answers to questionnaires.
| ||||||
2 | A final report under this paragraph may be amended if | ||||||
3 | additional evidence
is later discovered.
| ||||||
4 | (2) Upon review of the report and within 100 days of | ||||||
5 | the filing of the
charge, unless it is impracticable
to do | ||||||
6 | so, the Director shall determine whether there is | ||||||
7 | substantial
evidence that the alleged civil rights | ||||||
8 | violation has been committed or is
about to be committed.
| ||||||
9 | If the Director is unable to make the determination within | ||||||
10 | 100 days after
the filing of the charge, the Director shall | ||||||
11 | notify the complainant and
respondent in writing of the | ||||||
12 | reasons for not doing so. The Director's failure to make | ||||||
13 | the determination within 100 days after the proper filing | ||||||
14 | of the charge does not deprive the Department of | ||||||
15 | jurisdiction over the charge.
| ||||||
16 | (a) If the Director determines that there is no | ||||||
17 | substantial
evidence, the charge shall be dismissed | ||||||
18 | and the aggrieved party notified
that he or she may | ||||||
19 | seek review of the dismissal order before the
| ||||||
20 | Commission. The aggrieved party shall have 90 days from | ||||||
21 | receipt of notice
to file a request for review by the | ||||||
22 | Commission. The
Director shall make
public disclosure | ||||||
23 | of each such dismissal.
| ||||||
24 | (b) If the Director determines that there is | ||||||
25 | substantial evidence, he or
she shall immediately | ||||||
26 | issue a complaint on behalf of the aggrieved party
|
| |||||||
| |||||||
1 | pursuant to subsection (F).
| ||||||
2 | (E) Conciliation.
| ||||||
3 | (1) During the period beginning with the filing of
| ||||||
4 | charge and ending with the filing of a complaint or a | ||||||
5 | dismissal by the
Department, the Department shall, to the | ||||||
6 | extent feasible, engage in
conciliation with respect to | ||||||
7 | such charge.
| ||||||
8 | When the Department determines that a formal
| ||||||
9 | conciliation conference is feasible, the aggrieved party | ||||||
10 | and respondent
shall be notified of the time and place of | ||||||
11 | the conference by registered
or certified mail at least 7 | ||||||
12 | days prior thereto and either or both
parties shall appear | ||||||
13 | at the conference in person or by attorney.
| ||||||
14 | (2) The place fixed for the conference shall be within | ||||||
15 | 35 miles of
the place where the civil rights violation is | ||||||
16 | alleged to have been
committed.
| ||||||
17 | (3) Nothing occurring at the conference shall be made | ||||||
18 | public or used as
evidence in a subsequent proceeding for | ||||||
19 | the purpose of proving a violation
under this Act unless | ||||||
20 | the complainant and respondent agree in writing that
such | ||||||
21 | disclosure be made.
| ||||||
22 | (4) A conciliation agreement arising out of such | ||||||
23 | conciliation shall be
an agreement between the respondent | ||||||
24 | and the complainant, and shall be
subject to approval by | ||||||
25 | the Department and Commission.
| ||||||
26 | (5) A conciliation agreement may provide for binding |
| |||||||
| |||||||
1 | arbitration of the
dispute arising from the charge. Any | ||||||
2 | such arbitration that results from a
conciliation | ||||||
3 | agreement may award appropriate relief, including monetary | ||||||
4 | relief.
| ||||||
5 | (6) Each conciliation agreement shall be made public | ||||||
6 | unless the
complainant and respondent otherwise agree and | ||||||
7 | the Department determines
that disclosure is not required | ||||||
8 | to further the purpose of this Act.
| ||||||
9 | (F) Complaint.
| ||||||
10 | (1) When there is a failure to settle or adjust any
| ||||||
11 | charge through a conciliation conference and the charge is | ||||||
12 | not dismissed,
the Department shall prepare a
written | ||||||
13 | complaint, under oath or affirmation, stating the nature of | ||||||
14 | the
civil rights violation and the relief sought on behalf | ||||||
15 | of the aggrieved
party. Such complaint shall be based on | ||||||
16 | the final investigation report and
need not be limited to | ||||||
17 | the facts or grounds alleged in the charge filed
under | ||||||
18 | subsection (A).
| ||||||
19 | (2) The complaint shall be filed with the Commission.
| ||||||
20 | (3) The Department may not issue a complaint under this | ||||||
21 | Section
regarding an alleged civil rights violation after | ||||||
22 | the beginning of
the trial of a civil action commenced by | ||||||
23 | the aggrieved party under any
State or federal law, seeking | ||||||
24 | relief with respect to that alleged civil rights
violation.
| ||||||
25 | (G) Time Limit.
| ||||||
26 | (1) When a charge of a civil rights violation has been
|
| |||||||
| |||||||
1 | properly filed, the Department, within 100 days thereof, | ||||||
2 | unless it is
impracticable to do so,
shall either issue and | ||||||
3 | file a complaint in the manner and form set forth in
this | ||||||
4 | Section or shall order that no complaint be issued. Any | ||||||
5 | such order
shall be duly served upon both the aggrieved | ||||||
6 | party and the respondent. The Department's failure to | ||||||
7 | either issue and file a complaint or order that no | ||||||
8 | complaint be issued within 100 days after the proper filing | ||||||
9 | of the charge does not deprive the Department of | ||||||
10 | jurisdiction over the charge.
| ||||||
11 | (2) The Director shall make available to the aggrieved | ||||||
12 | party
and the respondent, at any time, upon request | ||||||
13 | following completion of the
Department's investigation, | ||||||
14 | information derived from an investigation and
any final | ||||||
15 | investigative report relating to that investigation.
| ||||||
16 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
17 | filed on or
after
January 1, 1996.
| ||||||
18 | (I) The changes made to this Section by Public Act 95-243 | ||||||
19 | apply to charges filed on or
after the effective date of those | ||||||
20 | changes. | ||||||
21 | (J) The changes made to this Section by this amendatory Act | ||||||
22 | of the 96th General Assembly apply to charges filed on or
after | ||||||
23 | the effective date of those changes. | ||||||
24 | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|