(775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
Sec. 8A-104.
Relief; Penalties.
Upon finding a civil rights
violation, a hearing officer may recommend and the Commission or any
three-member panel thereof may provide for any relief or penalty
identified in this Section, separately or in combination, by entering an
order directing the respondent to:
(A) Cease and Desist Order. Cease and desist from any violation of
this Act.
(B) Actual Damages. Pay actual damages, as reasonably determined by
the Commission, for injury or loss suffered by the complainant.
(C) Hiring; Reinstatement; Promotion; Backpay; Fringe Benefits.
Hire, reinstate or upgrade the complainant with or without back pay or
provide such fringe benefits as the complainant may have been denied.
(D) Restoration of Membership; Admission To Programs. Admit or
restore the complainant to labor organization membership, to a guidance
program, apprenticeship training program, on the job training program,
or other occupational training or retraining program.
(E) Public Accommodations. Admit the complainant to a public
accommodation.
(F) Services. Extend to the complainant the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of the respondent.
(G) Attorneys Fees; Costs. Pay to the complainant all or a portion
of the costs of maintaining the action, including reasonable attorney
fees and expert witness fees incurred in maintaining this action before the
Department, the Commission and in any judicial review and judicial
enforcement proceedings. Provided, however, that no award of attorney
fees or costs shall be made pursuant to this amendatory Act of 1987 with
respect to any charge for which the complaint before the Commission was
filed prior to December 1, 1987. With respect to all charges for which
complaints were filed with the Commission prior to December 1, 1987,
attorney fees and costs shall be awarded pursuant to the terms of this
subsection as it existed prior to revision by this amendatory Act of 1987.
(H) Compliance Report. Report as to the manner of compliance.
(I) Posting of Notices. Post notices in a conspicuous place which
the Commission may publish or cause to be published setting forth
requirements for compliance with this Act or other relevant information
which the Commission determines necessary to explain this Act.
(J) Make Complainant Whole. Take such action as may be necessary to make
the individual complainant whole, including, but not limited to, awards of
interest on the complainant's actual damages and backpay from the date of the
civil rights violation. Provided, however, that no award of prejudgment
interest shall be made pursuant to this amendatory Act of 1987 with respect
to any charge in which the complaint before the Commission was filed prior
to December 1, 1987. With respect to all charges for which complaints were
filed with the Commission prior to December 1, 1987, make whole relief
shall be awarded pursuant to this subsection as it existed prior to
revision by this amendatory Act of 1987.
There shall be no distinction made under this Section between complaints
filed by the Department and those filed by the aggrieved party.
(Source: P.A. 86-910.)
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