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Public Act 095-0243 |
HB1509 Enrolled |
LRB095 04301 AJO 27307 b |
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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 7A-102, 7A-103, 7B-102, 7B-103, 8-103, |
8-110, and 8-111 as follows:
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(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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Sec. 7A-102. Procedures.
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(A) Charge.
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(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
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under the signature of the Director.
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(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.
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(A-1) Equal Employment Opportunity Commission Charges. A |
charge filed with the Equal Employment Opportunity Commission |
within 180 days after the date of the alleged civil rights |
violation shall be deemed filed with the Department on the date |
filed with the Equal Employment Opportunity Commission. Upon |
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receipt of a charge filed with the Equal Employment Opportunity |
Commission, the Department shall notify the complainant that he |
or she may proceed with the Department. The complainant must |
notify the Department of his or her decision in writing within |
35 days of receipt of the Department's notice to the |
complainant and the Department shall close the case if the |
complainant does not do so. If the complainant proceeds with |
the Department, the Department shall take no action until the |
Equal Employment Opportunity Commission makes a determination |
on the charge. Upon receipt of the Equal Employment Opportunity |
Commission's determination, the Department shall cause the |
charge to be filed under oath or affirmation and to be in such |
detail as provided for under subparagraph (2) of paragraph (A). |
At the Department's discretion, the Department shall either |
adopt the Equal Employment Opportunity Commission's |
determination or process the charge pursuant to this Act. |
Adoption of the Equal Employment Opportunity Commission's |
determination shall be deemed a determination by the Department |
for all purposes under this Act.
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(B) Notice , and Response to , 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 |
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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
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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
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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 may |
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
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demonstrate good cause as
to why such notice should not issue. |
The term "good cause" shall be defined by rule promulgated by |
the Department. Within 30 days of receipt
of the respondent's |
response, the complainant may file a
reply to
said response and
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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 |
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notice to the complainant
and to the respondent
informing the |
complainant
of the complainant's right to either file a |
complaint with the Human
Rights Commission or commence a civil |
action in the appropriate circuit court
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 or with the appropriate |
circuit court by the complainant pursuant to subparagraph (2) |
of paragraph (G)
or by the Department pursuant to subparagraph |
(1) of paragraph (G).
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(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
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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.
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(C) Investigation.
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(1) After the respondent has been notified, the
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Department shall conduct a full investigation of the |
allegations set
forth in the charge.
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(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.
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(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.
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(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
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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 |
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shall notify the relevant
party that a request for review |
may be filed in writing with the Commission
Chief Legal
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Counsel of the Department
within 30 days of receipt of |
notice of dismissal or default.
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(D) Report.
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(1) Each charge shall be the
subject of a
report to the |
Director. The report shall be a confidential document
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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.
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(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. |
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.
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(3)
(a) If the Director determines
that there is no |
substantial
evidence, the charge shall be dismissed by |
order of the
Director and the Director shall give the
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complainant notice of his or her right to
notified
that he |
or she may seek review of the dismissal order before the
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Commission or commence a civil action in the appropriate |
circuit court. If the complainant chooses to have the Human |
Rights Commission review the dismissal order, he or she |
shall file a request for review with the Commission within |
30 days after receipt of the Director's notice. If the |
complainant chooses to file a request for review with the |
Commission, he or she may not later commence a civil action |
in a circuit court. If the complainant chooses to commence |
a civil action in a circuit court, he or she must do so |
within 90 days after receipt of the Director's notice
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 .
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(4) If the Director determines that there is |
substantial evidence, he or she shall notify the |
complainant and respondent of that determination. The |
Director shall also notify the parties that the complainant |
has the right to either commence a civil action in the |
appropriate circuit court or request that the Department of |
Human Rights file a complaint with the Human Rights |
Commission on his or her behalf. Any such complaint shall |
be filed within 90 days after receipt of the Director's |
notice. If the complainant chooses to have the Department |
file a complaint with the Human Rights Commission on his or |
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her behalf, the complainant must, within 14 days after |
receipt of the Director's notice, request in writing that |
the Department file the complaint. If the complainant |
timely requests that the Department file the complaint, the |
Department shall file the complaint on his or her behalf. |
If the complainant fails to timely request that the |
Department file the complaint, the complainant may only |
commence a civil action in the appropriate circuit court.
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(E) Conciliation.
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(1) When
(b) If the Director determines that there is |
a finding of substantial evidence, the Department may
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.
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(E) Conciliation.
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(2)
(1) When the Department determines that a formal
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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.
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(3)
(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.
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(4)
(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.
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(5) The Department's efforts to conciliate the matter |
shall not stay or extend the time for filing the complaint |
with the Commission or the circuit court.
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(F) Complaint.
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(1) When the complainant requests that the Department |
file a complaint with the Commission on his or her behalf
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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. The Department shall file the |
complaint with the Commission.
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(2) If the complainant chooses to commence a civil |
action in a circuit court, he or she must do so in the |
circuit court in the county wherein the civil rights |
violation was allegedly committed. The form of the |
complaint in any such civil action shall be in accordance |
with the Illinois Code of Civil Procedure
The complaint |
shall be filed with the Commission .
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(G) Time Limit.
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(1) When a charge of a civil rights violation has been
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properly filed, the Department, within 365
days thereof or |
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within any
extension of that period agreed to in writing by |
all parties, shall issue its report as required by |
subparagraph (D)
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 report
order
shall be duly served upon both the |
complainant and the respondent.
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(2) If the Department has not issued its report within |
365 days after the charge is filed, or any such longer |
period agreed to in writing by all the parties, the |
complainant shall have 90 days to either file his or her |
own complaint with the Human Rights Commission or commence |
a civil action in the appropriate circuit court. If the |
complainant files a complaint with the Commission, the
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Between 365 and 395 days after the charge is filed, or such |
longer
period agreed to in writing by all parties, the
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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) (1) . If the |
complainant commences a civil action in a circuit court, |
the form of the complaint shall be in accordance with the |
Illinois Code of Civil Procedure. The aggrieved party shall |
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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 or in circuit court. If the complainant files a |
complaint with the Commission, he or she may not later |
commence a civil action in circuit court .
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(3) If an aggrieved party files a complaint
with the
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Human Rights Commission or commences a civil action in |
circuit court 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 Commission
Chief Legal Counsel under |
this Section is
appealable in accordance with paragraph |
(B)(1)
(A)(1) of Section 8-111.
Failure to immediately |
cease an investigation and dismiss the charge of civil
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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.
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(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
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alleged civil rights violation.
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(H) This amendatory Act of 1995 applies to causes of action |
filed on or
after January 1, 1996.
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(I) This amendatory Act of 1996 applies to causes of action |
filed on or
after January 1, 1996.
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(J) The changes made to this Section by this amendatory Act |
of the 95th General Assembly apply to charges filed on or
after |
the effective date of those changes.
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(Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; |
94-857, eff. 6-15-06.)
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(775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
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Sec. 7A-103. Settlement.
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(A) Circumstances. A settlement of any
charge prior to the |
filing of a complaint may be
effectuated at any time upon |
agreement of the
parties and the approval of the Department.
A |
settlement of any charge after the filing of a complaint shall |
be
effectuated as specified in Section 8-105(A)(2) of this Act.
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(B) Form. Settlements of charges prior to the filing of
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complaints shall be reduced to writing by the
Department, |
signed by the parties, and submitted by the Department to
the |
Commission for approval.
Settlements of charges after the |
filing of complaints shall be
effectuated as specified in |
Section 8-105(A)(2) of this Act.
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(C) Violation.
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(1) When either party alleges that a settlement
order |
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has been violated, the Department shall conduct an |
investigation
into the matter.
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(2) Upon finding substantial evidence to demonstrate |
that a
settlement has been violated, the Department shall |
file notice of a
settlement order violation with the |
Commission and serve all parties.
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(D) Dismissal For Refusal To Accept Settlement Offer. The
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Department shall dismiss a charge if it is satisfied that:
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(1) the respondent has eliminated the effects of the
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civil rights violation charged and taken steps to prevent |
its repetition;
or
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(2) the respondent offers and the complainant declines |
to accept
terms of settlement which the Department finds |
are sufficient to
eliminate the effects of the civil rights |
violation charged and prevent
its repetition.
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When the Department dismisses a charge under this Section
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it
shall notify the complainant that he or she may seek review |
of the
dismissal order before the Commission
Chief Legal |
Counsel of the Department . The
complainant shall have 30
days |
from receipt of notice to file a request for review by the |
Commission
Chief Legal
Counsel of the Department .
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In determining whether the respondent has eliminated the
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effects
of the civil rights violation charged, or has offered |
terms of settlement
sufficient to eliminate same, the |
Department shall consider the extent to
which the respondent |
has either fully provided, or reasonably offered by way
of |
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terms of settlement, as the case may be, the relevant relief |
available
to the complainant under Section 8-108 of this Act.
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(E) This amendatory Act of 1995 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 filed on or
after |
the effective date of those changes.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
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Sec. 7B-102. Procedures.
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(A) Charge.
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(1) Within one year after the
date that a civil rights |
violation allegedly has been committed or terminated,
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.
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(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.
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(B) Notice and Response to Charge.
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(1) The Department shall serve
notice upon the |
aggrieved party acknowledging such charge and advising the
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aggrieved party of the time limits and choice of forums |
provided under this
Act. The Department shall, within 10 |
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days of the date on which the charge
was filed or the |
identification of an additional respondent under paragraph
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(2) of this subsection, serve on the respondent a copy of |
the charge along with a notice
identifying the alleged |
civil rights violation and advising the
respondent of the |
procedural rights and obligations of respondents under
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this Act and shall require the respondent to file a |
verified response to
the allegations contained in the |
charge within 30 days. 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
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respondent states that it is without sufficient |
information to
form a belief with respect to such |
allegation. The Department may issue
a notice of default |
directed to any respondent who fails to file a verified
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response to a charge within 30 days of the date on which |
the charge was
filed, unless the respondent can demonstrate |
good cause as
to why such notice should not issue. The term |
"good cause" shall be defined by rule promulgated by the |
Department. Within 10 days of the date he
receives the |
respondent's response, the complainant may file his reply |
to
said response. If he chooses to file a reply, the |
complainant 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
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the investigation of the charge is pending.
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(2) A person who is not named as a respondent in a |
charge, but who is
identified as a respondent in the course |
of investigation, may be joined as
an additional or |
substitute respondent upon written notice, under |
subsection
(B), to such person, from the Department.
Such |
notice, in addition to meeting the requirements of |
subsections (A)
and (B), shall explain the basis for the |
Department's belief that a person
to whom the notice is |
addressed is properly joined as a respondent.
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(C) Investigation.
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(1) The Department shall conduct a full investigation
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of the allegations set forth in the charge and complete |
such investigation
within 100 days after the filing of the |
charge, unless it is impracticable to
do so. The |
Department's failure to complete the investigation within |
100 days after the proper filing of the charge does not |
deprive the Department of jurisdiction over the charge.
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(2) If the Department is unable to complete the |
investigation within 100
days after the charge is filed, |
the Department shall notify the complainant
and respondent |
in writing of the reasons for not doing so.
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(3) The Director or his or her designated |
representative 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.
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(4) 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
provided for in the taking of |
depositions in civil cases in circuit courts.
|
(5) Upon reasonable notice to the complainant and the |
respondent,
the Department shall conduct a fact finding |
conference, unless prior to
100 days from the date on which |
the charge was filed, the Director has
determined whether |
there is substantial evidence that the alleged civil
rights |
violation has been committed. A party's failure to attend |
the
conference
without good cause may result in dismissal |
or default. 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 |
Commission
Chief Legal
Counsel of the Department
within 30 |
days of receipt of notice of dismissal or default.
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(D) Report.
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(1) Each investigated charge shall be the subject of a
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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.
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The report shall contain:
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(a) the names and dates of contacts with witnesses;
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(b) a summary and the date of correspondence and |
other contacts with the
aggrieved party and the |
respondent;
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(c) a summary description of other pertinent |
records;
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(d) a summary of witness statements; and
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(e) answers to questionnaires.
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A final report under this paragraph may be amended if |
additional evidence
is later discovered.
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(2) Upon review of the report and within 100 days of |
the filing of the
charge, unless it is impracticable
to do |
so, the Director shall determine whether there is |
substantial
evidence that the alleged civil rights |
violation has been committed or is
about to be committed.
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If the Director is unable to make the determination within |
100 days after
the filing of the charge, the Director shall |
notify the complainant and
respondent in writing of the |
reasons for not doing so. The Director's failure to make |
the determination within 100 days after the proper filing |
of the charge does not deprive the Department of |
jurisdiction over the charge.
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(a) If the Director determines that there is no |
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substantial
evidence, the charge shall be dismissed |
and the aggrieved party notified
that he or she may |
seek review of the dismissal order before the
|
Commission. The aggrieved party shall have 30 days from |
receipt of notice
to file a request for review by the |
Commission
Chief Legal Counsel of the Department . The
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Director shall make
public disclosure of each such |
dismissal.
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(b) If the Director determines that there is |
substantial evidence, he or
she shall immediately |
issue a complaint on behalf of the aggrieved party
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pursuant to subsection (F).
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(E) Conciliation.
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(1) During the period beginning with the filing of
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charge and ending with the filing of a complaint or a |
dismissal by the
Department, the Department shall, to the |
extent feasible, engage in
conciliation with respect to |
such charge.
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When the Department determines that a formal
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conciliation conference is feasible, the aggrieved party |
and respondent
shall be notified of the time and place of |
the conference by registered
or certified mail at least 7 |
days prior thereto and either or both
parties shall appear |
at the conference in person or by attorney.
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(2) The place fixed for the conference shall be within |
35 miles of
the place where the civil rights violation is |
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alleged to have been
committed.
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(3) Nothing occurring at the conference shall be made |
public or used as
evidence in a subsequent proceeding for |
the purpose of proving a violation
under this Act unless |
the complainant and respondent agree in writing that
such |
disclosure be made.
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(4) A conciliation agreement arising out of such |
conciliation shall be
an agreement between the respondent |
and the complainant, and shall be
subject to approval by |
the Department and Commission.
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(5) A conciliation agreement may provide for binding |
arbitration of the
dispute arising from the charge. Any |
such arbitration that results from a
conciliation |
agreement may award appropriate relief, including monetary |
relief.
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(6) Each conciliation agreement shall be made public |
unless the
complainant and respondent otherwise agree and |
the Department determines
that disclosure is not required |
to further the purpose of this Act.
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(F) Complaint.
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(1) When there is a failure to settle or adjust any
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charge through a conciliation conference and the charge is |
not dismissed,
the Department shall prepare a
written |
complaint, under oath or affirmation, stating the nature of |
the
civil rights violation and the relief sought on behalf |
of the aggrieved
party. Such complaint shall be based on |
|
the final investigation report and
need not be limited to |
the facts or grounds alleged in the charge filed
under |
subsection (A).
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(2) The complaint shall be filed with the Commission.
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(3) The Department may not issue a complaint under this |
Section
regarding an alleged civil rights violation after |
the beginning of
the trial of a civil action commenced by |
the aggrieved party under any
State or federal law, seeking |
relief with respect to that alleged civil rights
violation.
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(G) Time Limit.
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(1) When a charge of a civil rights violation has been
|
properly filed, the Department, within 100 days thereof, |
unless it is
impracticable to do so,
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. Any |
such order
shall be duly served upon both the aggrieved |
party and the respondent. The Department's failure to |
either issue and file a complaint or order that no |
complaint be issued within 100 days after the proper filing |
of the charge does not deprive the Department of |
jurisdiction over the charge.
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(2) The Director shall make available to the aggrieved |
party
and the respondent, at any time, upon request |
following completion of the
Department's investigation, |
information derived from an investigation and
any final |
investigative report relating to that investigation.
|
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(H) This amendatory Act of 1995 applies to causes of action |
filed on or
after
January 1, 1996.
|
(I) The changes made to this Section by this amendatory Act |
of the 95th General Assembly apply to charges filed on or
after |
the effective date of those changes. |
(Source: P.A. 94-326, eff. 7-26-05; 94-857, eff. 6-15-06.)
|
(775 ILCS 5/7B-103) (from Ch. 68, par. 7B-103)
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Sec. 7B-103. Settlement.
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(A) Circumstances. A settlement of any
charge prior to the |
filing of a complaint may be
effectuated at any time upon |
agreement of the
parties and the approval of the Department.
A |
settlement of any charge after the filing of complaint shall be
|
effectuated as specified in Section 8-105 (A) (2) of this Act.
|
(B) Form. Settlements of charges prior to the filing of
|
complaints shall be reduced to writing by the
Department, |
signed by the parties, and submitted by the Department to
the |
Commission for approval.
Settlements of charges after the |
filing of complaints shall be
effectuated as specified in |
Section 8-105 (A) (2) of this Act.
|
(C) Violation.
|
(1) When either party alleges that a settlement
order |
has been violated, the Department shall conduct an |
investigation
into the matter.
|
(2) Upon finding substantial evidence to demonstrate |
that a
settlement has been violated, the Department shall
|
|
refer the matter to the Attorney General for enforcement in |
the circuit
court in which the respondent or complainant |
resides or transacts business
or in which the alleged |
violation took place.
|
(D) Dismissal For Refusal To Accept Settlement Offer. The
|
Department may dismiss a charge if it is satisfied that:
|
(1) the respondent has eliminated the effects of the
|
civil rights violation charged and taken steps to prevent |
its repetition;
or
|
(2) the respondent offers and the aggrieved party |
declines to accept
terms of settlement which the Department |
finds are sufficient to
eliminate the effects of the civil |
rights violation charged and prevent
its repetition.
|
(3) When the Department dismisses a charge under this |
Section it
shall notify the complainant that he or she may |
seek review of the
dismissal order before the Commission. |
The aggrieved party shall have 30
days from receipt of |
notice to file a request for review by the Commission
Chief |
Legal
Counsel of the Department .
|
(4) In determining whether the respondent has |
eliminated the effects
of the civil rights violation |
charged, or has offered terms of settlement
sufficient to |
eliminate same, the Department shall consider the extent to
|
which the respondent has either fully provided, or |
reasonably offered by way
of terms of settlement, as the |
case may be, the relevant relief available
to the aggrieved |
|
party under Section 8B-104 of this Act with the exception
|
of civil penalties.
|
(E) This amendatory Act of 1995 applies to causes of action |
filed on or
after January 1, 1996.
|
(F) The changes made to this Section by this amendatory Act |
of the 95th General Assembly apply to charges filed on or
after |
the effective date of those changes. |
(Source: P.A. 89-370, eff. 8-18-95.)
|
(775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
|
Sec. 8-103. Request for Review.
|
(A) Applicability. This Section does not apply to any cause |
of action
filed on or after January 1, 1996.
|
(A-1) Jurisdiction. The Commission,
through a panel of |
three members, shall have jurisdiction to hear and
determine |
requests for review of (1) decisions of the Department to |
dismiss
a charge; and (2) notices of default issued by the |
Department.
|
In each instance, the Department shall be the respondent.
|
(B) Review. When a request for review is properly filed, |
the Commission
may consider the Department's report, any |
argument and supplemental evidence
timely submitted, and the |
results of any additional investigation conducted by
the
|
Department in response to the request. In its discretion, the |
Commission
may designate a hearing officer to conduct a hearing |
into the factual basis
of the matter at issue.
|
|
(C) Default Order. When a respondent fails to file a timely |
request
for review of a notice of default, or the default is |
sustained on review,
the Commission shall enter a default order |
and set a hearing on damages.
|
(D) Time Period Toll. Proceedings on requests for review |
shall toll
the time limitation established in paragraph (G) of |
Section 7A-102 from
the date on which the Department's notice |
of dismissal or default is issued
to the date
on which the |
Commission's order is entered.
|
(E) 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 Commission on or
after the |
effective date of those changes. |
(Source: P.A. 89-370, eff. 8-18-95.)
|
(775 ILCS 5/8-110) (from Ch. 68, par. 8-110)
|
Sec. 8-110. Publication of Opinions. Decisions of the |
Commission or panels
thereof , whether on requests for review or
|
complaints , shall be
published
within 120 calendar days of the |
completion of service of the written
decision on the parties to |
ensure
assure a consistent source of precedent.
|
This amendatory Act of 1995 applies to causes of action |
filed on or after
January 1, 1996.
|
The changes made to this Section by this amendatory Act of |
the 95th General Assembly apply to decisions of the Commission |
entered on or
after the effective date of those changes. |
|
(Source: P.A. 89-370, eff. 8-18-95.)
|
(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
|
Sec. 8-111. Court Proceedings.
|
(A) Civil Actions Commenced in Circuit Court. |
(1) Venue. Civil actions commenced in a circuit court |
pursuant to Section 7A-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) If a civil action is commenced in a circuit court |
under Section 7A-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. |
(B)
(A) (1) Judicial Review. |
(1) Any
complainant or respondent may apply for and |
obtain judicial review of a
any
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
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
references to the "trial court" shall be understood as |
referring to the
Commission.
|
(2) In any proceeding brought for judicial review, the
|
Commission's findings
of fact made at the administrative |
level shall be sustained unless the
court determines that |
such findings
are contrary to the manifest weight of the |
evidence.
|
(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.
|
(C)
(B) Judicial Enforcement.
|
(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.
|
(2) An aggrieved party may file a complaint for |
enforcement of a valid
order of the Commission directly in |
Circuit Court.
|
(3) Upon the commencement of an action filed under
|
paragraphs (1) or (2) of subsection (B) of this Section
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.
|
(4) The court may stay an order of the Commission in |
accordance with the
applicable Supreme Court rules, |
pending disposition of the proceedings.
|
(5) The court may punish for any violation of its order |
as in the
case of civil contempt.
|
(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.
|
(D)
(C) 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.
|
(E)
(D) This amendatory Act of 1996 applies to causes of |
action filed on or
after January 1, 1996.
|
(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
after the |
effective date of those changes.
|
(Source: P.A. 88-1; 89-348, eff. 1-1-96; 89-520, eff. 7-18-96.)
|
(775 ILCS 5/7-101.1 rep.)
|
Section 10. The Illinois Human Rights Act is amended by |
repealing Section 7-101.1.
|
Section 99. Effective date. This Act takes effect January |
1, 2008.
|