State of Illinois
91st General Assembly
Legislation

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91_HB2827

 
                                               LRB9102703WHdv

 1        AN ACT to amend the Illinois Human Rights Act by changing
 2    Sections 7-101.1 and 7A-102.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Human Rights Act is  amended  by
 6    changing Sections 7-101.1 and 7A-102 as follows:

 7        (775 ILCS 5/7-101.1)
 8        Sec. 7-101.1. Request for Review.
 9        (A)  Jurisdiction.    The  Chief  Legal  Counsel  of  the
10    Department shall have  jurisdiction  to  hear  and  determine
11    requests  for  review  of  (1)  decisions  of the Director to
12    dismiss a charge;  (2)  notices  of  default  issued  by  the
13    Director;   and  (3)  dismissals  for  refusal  to  accept  a
14    settlement offer. Any final order entered by the Chief  Legal
15    Counsel  under  this Section is appealable in accordance with
16    paragraph (A)(1) of Section 8-111.
17        (B)  Review.  When  a  request  for  review  is  properly
18    filed, the Chief Legal Counsel of the Department may consider
19    the Director's report, any argument and supplemental evidence
20    timely   submitted,   and   the  results  of  any  additional
21    investigation conducted by the Director in  response  to  the
22    request.   In  his or her discretion, the Chief Legal Counsel
23    of the Department may designate a staff attorney  to  conduct
24    an  investigation  into  the  factual  basis of the matter at
25    issue.
26        (C)  Default Order.  When a respondent fails  to  file  a
27    timely  request  for  review  of  a notice of default, or the
28    default is sustained on review, the Commission shall enter  a
29    default order and set a hearing on damages.
30        (D)  Time  Period  Toll.   When  a  request for review is
31    properly filed, Proceedings on requests for review shall toll
 
                            -2-                LRB9102703WHdv
 1     the time  limitation  established  in  paragraph  (G)(1)  of
 2    Section  7A-102  or paragraph (G) of Section 7B-102 is tolled
 3    on all allegations of that charge from the date on which  the
 4    Director's  notice  of  dismissal or default is issued to the
 5    date on which the order of the Chief  Legal  Counsel  of  the
 6    Department is entered.
 7        (E)  This  amendatory  Act  of  1995 applies to causes of
 8    action filed on or after January 1, 1996.
 9        (F)  This amendatory Act of 1996  applies  to  causes  of
10    action filed on or after January 1, 1996.
11    (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)

12        (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
13        Sec. 7A-102.  Procedures.
14        (A)  Charge.
15             (1)  Within  180  days  after  the date that a civil
16        rights violation allegedly has been committed,  a  charge
17        in  writing  under  oath or affirmation may be filed with
18        the Department by an aggrieved party  or  issued  by  the
19        Department itself under the signature of the Director.
20             (2)  The  charge  shall  be  in  such  detail  as to
21        substantially apprise any party properly concerned as  to
22        the  time, place, and facts surrounding the alleged civil
23        rights violation.
24        (B)  Notice, and Response,  and  Review  of  Charge.  The
25    Department  shall,  within  10  days of the date on which the
26    charge  was  filed,  serve  a  copy  of  the  charge  on  the
27    respondent.   This  period  shall  not  be  construed  to  be
28    jurisdictional.  The charging party and  the  respondent  may
29    each  file  a position statement and other materials with the
30    Department regarding the  charge  of  alleged  discrimination
31    within  60  days of receipt of the notice of the charge.  The
32    position statements and other materials  filed  shall  remain
33    confidential   unless   otherwise  agreed  to  by  the  party
 
                            -3-                LRB9102703WHdv
 1    providing the information and shall not be served on or  made
 2    available to the other party during pendency of a charge with
 3    the  Department.  The Department shall require the respondent
 4    to file a verified response to the allegations  contained  in
 5    the  charge  within  60  days of receipt of the notice of the
 6    charge.  The respondent shall serve a copy of its response on
 7    the  complainant  or  his  representative.   All  allegations
 8    contained in the charge not timely denied by  the  respondent
 9    shall  be  deemed admitted, unless the respondent states that
10    it is without sufficient information to form  a  belief  with
11    respect  to  such  allegation.   The Department shall issue a
12    notice of default directed to any  respondent  who  fails  to
13    file  a  verified  response  to  a  charge  within 60 days of
14    receipt of the notice of the charge,  unless  the  respondent
15    can  demonstrate  good cause as to why such notice should not
16    issue.   Within  30  days  of  receipt  of  the  respondent's
17    response, the complainant may file a reply to  said  response
18    and shall serve a copy of said reply on the respondent or his
19    representative.   A  party shall have the right to supplement
20    his response or reply at any time that the  investigation  of
21    the  charge is pending.  The Department shall, within 10 days
22    of the date on which the charge was filed, and again no later
23    than 30  335  days  prior  to  the  expiration  of  the  time
24    limitation  established  in subparagraph (1) of paragraph (G)
25    and any time period toll pursuant to paragraph (D) of Section
26    7-101.1 thereafter, send  by  certified  or  registered  mail
27    written  notice  to  the  complainant  and  to the respondent
28    informing the complainant of the right to  file  a  complaint
29    with  the  Human  Rights Commission under subparagraph (2) of
30    paragraph (G), including in  such  notice  the  dates  within
31    which  the complainant may exercise this right. In the notice
32    the Department shall notify the complainant that  the  charge
33    of  civil  rights  violation will be dismissed with prejudice
34    and with no right to further proceed if a  written  complaint
 
                            -4-                LRB9102703WHdv
 1    is  not  timely  filed with the Commission by the complainant
 2    pursuant to subparagraph (2)  of  paragraph  (G)  or  by  the
 3    Department pursuant to subparagraph (1) of paragraph (G).
 4        (B-1)  Mediation.   The  complainant  and  respondent may
 5    agree to voluntarily submit the charge to  mediation  without
 6    waiving  any  rights  that  are otherwise available to either
 7    party  pursuant  to  this  Act  and  without  incurring   any
 8    obligation  to  accept  the  result of the mediation process.
 9    Nothing occurring in mediation  shall  be  disclosed  by  the
10    Department  or  admissible  in  evidence  in  any  subsequent
11    proceeding unless the complainant and the respondent agree in
12    writing that such disclosure be made.
13        (C)  Investigation.
14             (1)  After  the  respondent  has  been notified, the
15        Department shall conduct  a  full  investigation  of  the
16        allegations set forth in the charge.
17             (2)  The   Director   or   his   or  her  designated
18        representatives  shall  have  authority  to  request  any
19        member of the Commission to issue subpoenas to compel the
20        attendance of a witness or the production for examination
21        of any books, records or documents whatsoever.
22             (3)  If any witness whose testimony is required  for
23        any  investigation  resides outside the State, or through
24        illness or any other good  cause  as  determined  by  the
25        Director  is unable to be interviewed by the investigator
26        or appear at  a  fact  finding  conference,  his  or  her
27        testimony  or  deposition may be taken, within or without
28        the State, in the same manner as is provided for  in  the
29        taking of depositions in civil cases in circuit courts.
30             (4)  Upon  reasonable  notice to the complainant and
31        the respondent, the Department may shall conduct  a  fact
32        finding  conference  prior  to 365 days after the date on
33        which the charge  was  filed,  unless  the  Director  has
34        determined whether there is substantial evidence that the
 
                            -5-                LRB9102703WHdv
 1        alleged  civil rights violation has been committed or the
 2        charge has been dismissed for lack of  jurisdiction.   If
 3        the parties agree in writing, the fact finding conference
 4        may  be  held  at  a  time  after the 365 day limit.  Any
 5        party's failure to attend  the  conference  without  good
 6        cause  shall  result  in  dismissal or default.  The term
 7        "good cause" shall  be defined by rule promulgated by the
 8        Department.  A notice of dismissal or  default  shall  be
 9        issued  by  the  Director  and  shall notify the relevant
10        party that a request for review may be filed  in  writing
11        with  the Chief Legal Counsel of the Department within 30
12        days of receipt of notice of dismissal or default.
13        (D)  Report.
14             (1)  Each charge shall be the subject of a report to
15        the  Director.   The  report  shall  be  a   confidential
16        document  subject  to  review by the Director, authorized
17        Department employees, the parties, and,  where  indicated
18        by   this   Act,  members  of  the  Commission  or  their
19        designated hearing officers.
20             (2)  Upon review of the report, the  Director  shall
21        determine  whether there is substantial evidence that the
22        alleged civil rights violation has  been  committed.  The
23        determination  of  substantial  evidence  is  limited  to
24        determining  the  need  for  further consideration of the
25        charge pursuant to this Act  and  includes,  but  is  not
26        limited  to, findings of fact and conclusions, as well as
27        the reasons for the determinations on all material issues
28        and questions of credibility.   Substantial  evidence  is
29        evidence which a reasonable mind accepts as sufficient to
30        support  a  particular  conclusion  and which consists of
31        more than a mere scintilla but may be somewhat less  than
32        a preponderance.
33                  (a)  If  the  Director determines that there is
34             no  substantial  evidence,  the  charge   shall   be
 
                            -6-                LRB9102703WHdv
 1             dismissed   by   order   of  the  Director  and  the
 2             complainant notified that he or she may seek  review
 3             of  the  dismissal  order  before  the  Chief  Legal
 4             Counsel  of  the  Department.  The complainant shall
 5             have 30 days  from  receipt  of  notice  to  file  a
 6             request for review by the Chief Legal Counsel of the
 7             Department.
 8                  (b)  If  the  Director determines that there is
 9             substantial evidence, he or she  shall  designate  a
10             Department  employee  who is an attorney licensed to
11             practice in Illinois to endeavor  to  eliminate  the
12             effect  of the alleged civil rights violation and to
13             prevent its repetition by means  of  conference  and
14             conciliation.
15        (E)  Conciliation.
16             (1)  When  the  Department  determines that a formal
17        conciliation conference is necessary, the complainant and
18        respondent shall be notified of the time and place of the
19        conference by registered or certified mail  at  least  10
20        days  prior  thereto  and  either  or  both parties shall
21        appear at the conference in person or by attorney.
22             (2)  The place fixed for  the  conference  shall  be
23        within  35  miles  of  the  place  where the civil rights
24        violation is alleged to have been committed.
25             (3)  Nothing occurring at the  conference  shall  be
26        disclosed  by  the  Department unless the complainant and
27        respondent agree in writing that such disclosure be made.
28        (F)  Complaint.
29             (1)  When there is a failure to settle or adjust any
30        charge through conciliation, the Department shall prepare
31        a written complaint, under oath or  affirmation,  stating
32        the   nature  of the civil rights violation substantially
33        as alleged in the charge previously filed and the  relief
34        sought on behalf of the aggrieved party.
 
                            -7-                LRB9102703WHdv
 1             (2)  The   complaint   shall   be   filed  with  the
 2        Commission.
 3        (G)  Time Limit.
 4             (1)  When a charge of a civil rights  violation  has
 5        been  properly  filed,  the  Department,  within 365 days
 6        thereof or within any extension of that period agreed  to
 7        in  writing by all parties, shall either issue and file a
 8        complaint in the  manner  and  form  set  forth  in  this
 9        Section  or  shall  order that no complaint be issued and
10        dismiss the charge with  prejudice  without  any  further
11        right  to  proceed except in cases in which the order was
12        procured by fraud or duress.  Any  such  order  shall  be
13        duly served upon both the complainant and the respondent.
14             (2)  Between  365  and  395 days after the charge is
15        filed, or such longer period agreed to in writing by  all
16        parties,  the  aggrieved  party may file a complaint with
17        the Commission, if the Director has not sooner  issued  a
18        report  and  determination  pursuant to paragraphs (D)(1)
19        and (D)(2) of this Section. The  form  of  the  complaint
20        shall  be  in accordance with the provisions of paragraph
21        (F).  The aggrieved party  shall  notify  the  Department
22        that a complaint has been filed and shall serve a copy of
23        the complaint on the Department on the same date that the
24        complaint is filed with the Commission.
25             (3)  If  an  aggrieved  party files a complaint with
26        the Human Rights Commission pursuant to paragraph (2)  of
27        this  subsection,  or  if  the  time  period for filing a
28        complaint has expired, the Department  shall  immediately
29        cease  its  investigation and dismiss the charge of civil
30        rights violation. Any final order entered  by  the  Chief
31        Legal   Counsel  under  this  Section  is  appealable  in
32        accordance  with  paragraph  (A)(1)  of  Section   8-111.
33        Failure to immediately cease an investigation and dismiss
34        the  charge of civil rights violation as provided in this
 
                            -8-                LRB9102703WHdv
 1        paragraph (3) constitutes grounds for entry of  an  order
 2        by   the   circuit   court   permanently   enjoining  the
 3        investigation.  The Department may also be liable for any
 4        costs and other damages incurred by the respondent  as  a
 5        result of the action of the Department.
 6             (4)  The  Department  shall  stay any administrative
 7        proceedings under this Section  after  the  filing  of  a
 8        civil action by or on behalf of the aggrieved party under
 9        any  federal  or State law seeking relief with respect to
10        the alleged civil rights violation.
11        (H)  This amendatory Act of 1995  applies  to  causes  of
12    action filed on or after January 1, 1996.
13        (I)  This  amendatory  Act  of  1996 applies to causes of
14    action filed on or after January 1, 1996.
15    (Source: P.A. 89-370, eff. 8-18-95; 89-520, eff. 7-18-96.)

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