Public Act 094-0857
Public Act 0857 94TH GENERAL ASSEMBLY
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Public Act 094-0857
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| HB4829 Enrolled |
LRB094 16490 WGH 51750 b |
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| AN ACT concerning human rights.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Human Rights Act is amended by | changing Sections 7A-102 and 7B-102 as follows:
| (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| Sec. 7A-102. Procedures.
| (A) Charge.
| (1) Within 180 days after the
date that a civil rights | violation allegedly has been committed, a
charge in writing | under oath or affirmation may be filed with the
Department | by an aggrieved party or issued by the Department itself
| under the signature of the Director.
| (2) The charge shall be in such detail as to | substantially apprise
any party properly concerned as to | the time, place, and facts
surrounding the alleged civil | rights violation.
| (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 | 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.
| (B) Notice, and Response, and Review of Charge.
The | Department shall, within 10
days of the date on which the | charge
was filed, serve a copy of the charge on the respondent. | This period shall
not be construed to be jurisdictional. The | charging party and the respondent
may each file a position | statement and other materials with the Department
regarding the | charge of alleged discrimination within 60 days of receipt of | the
notice of the charge. The position statements and other | materials filed shall
remain confidential unless otherwise | agreed to by the party providing the
information and shall not | be served on or made available to the other
party during | pendency
of a charge with the Department. The Department
shall
| require the respondent to file a verified response to
the | allegations contained in the charge within 60 days of receipt | of the
notice of the
charge. The respondent shall serve a copy
| of its response on the
complainant or his representative. All | allegations contained in the charge
not timely denied by the | respondent shall be deemed admitted, unless the
respondent | states that it is without sufficient information to
form a | belief with respect to such allegation. The Department 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
| 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
|
| shall serve
a copy of said reply on the respondent or his | representative. A party
shall have the right to supplement his | response or reply at any time that
the investigation of the | charge is pending. The Department shall,
within 10 days of the | date on which the charge was filed,
and again no later than 335 | days thereafter,
send by certified or registered mail written | notice to the complainant
and to the respondent
informing the | complainant
of the right to file a complaint with the Human
| Rights Commission
under subparagraph (2) of paragraph (G), | including in such notice the dates
within which the complainant | may exercise this right.
In the notice the Department shall | notify the complainant that the
charge of civil rights | violation will be dismissed with prejudice and with no
right to | further proceed if a written complaint is not timely filed with
| the Commission by the complainant pursuant to subparagraph (2) | of paragraph (G)
or by the Department pursuant to subparagraph | (1) of paragraph (G).
| (B-1) Mediation. The complainant and respondent may agree | to voluntarily
submit the charge
to mediation without waiving | any rights that are otherwise available to
either party | pursuant to this Act and without incurring any obligation to
| accept the result of the mediation process. Nothing occurring | in mediation
shall
be disclosed by the Department or admissible | in evidence in any subsequent
proceeding unless the complainant | and the respondent agree in writing that such
disclosure be | made.
| (C) Investigation.
| (1) After the respondent has been notified, the
| Department shall conduct a full investigation of the | allegations set
forth in the charge.
| (2) The Director or his or her designated | representatives shall have
authority to request any member | of the Commission to issue subpoenas to
compel the | attendance of a witness or the production for
examination | of any books, records or documents whatsoever.
| (3) If any witness whose testimony is required for any |
| investigation
resides outside the State, or through | illness or any other good cause as
determined by the | Director is unable to be interviewed by the investigator
or | appear at a fact finding conference, his or her testimony | or deposition
may be taken, within or without the State, in | the same manner as is
provided for in the taking of | depositions in civil cases in circuit courts.
| (4) Upon reasonable notice to the complainant and the | respondent,
the Department shall conduct a fact finding | conference prior to
365 days after the date on which the | charge was filed,
unless the Director has determined | whether there is substantial evidence
that the alleged | civil rights violation has been committed or the charge has
| been dismissed for lack of jurisdiction. If the parties | agree in writing,
the fact finding conference may be held | at a time after the 365 day limit.
Any party's failure to | attend the conference without good cause
shall result in | dismissal or default. The term "good cause"
shall
be | defined by rule promulgated by the Department. A notice of | dismissal or
default shall be issued by the Director and | shall notify the relevant
party that a request for review | may be filed in writing with the Chief Legal
Counsel of the | Department
within 30 days of receipt of notice of dismissal | or default.
| (D) Report.
| (1) Each charge shall be the
subject of a
report to the | Director. The report shall be a confidential document
| subject to review by the Director, authorized Department | employees, the
parties, and, where indicated by this Act, | members of the Commission or
their designated hearing | officers.
| (2) Upon review of the report, the Director shall | determine whether
there is substantial evidence that the | alleged civil rights violation
has been committed.
The | determination of substantial evidence is limited to | determining the need
for further consideration of the |
| charge pursuant to this Act
and includes, but is not | limited to, findings of fact and conclusions, as well
as | the reasons for the determinations on all material issues. | Substantial evidence is evidence which a reasonable mind | accepts
as sufficient to support a particular conclusion | and which consists of more
than a mere scintilla but may be | somewhat less than a preponderance.
| (a) If the Director determines that there is no | substantial
evidence, the charge shall be dismissed by | order of the
Director and the
complainant notified
that | he or she may seek review of the dismissal order before | the
Chief Legal Counsel of the Department. The | complainant
shall have 30 days from receipt of
notice
| to file a request for review by the Chief Legal Counsel | of the Department.
| (b) If the Director determines that there is | substantial evidence,
he or she shall designate a | Department employee who is an attorney
licensed to | practice in Illinois to endeavor to eliminate the | effect of
the alleged civil rights violation and to | prevent its repetition by
means of conference and | conciliation.
| (E) Conciliation.
| (1) When the Department determines that a formal
| conciliation conference is necessary, the complainant and | respondent
shall be notified of the time and place of the | conference by registered
or certified mail at least 10 days | prior thereto and either or both
parties shall appear at | the conference in person or by attorney.
| (2) The place fixed for the conference shall be within | 35 miles of
the place where the civil rights violation is | alleged to have been
committed.
| (3) Nothing occurring at the conference shall be | disclosed by the
Department unless
the complainant and | respondent agree in writing that
such disclosure be made.
| (F) Complaint.
|
| (1) When there is a failure to settle or adjust any
| charge through conciliation, the Department shall prepare | a
written complaint, under oath or affirmation, stating the | nature of the
civil rights violation substantially as | alleged in the charge previously
filed and the relief | sought on behalf of the aggrieved party.
| (2) The complaint shall be filed with the Commission.
| (G) Time Limit.
| (1) When a charge of a civil rights violation has been
| properly filed, the Department, within 365
days thereof or | within any
extension of that period agreed to in writing by | all parties, shall
either issue and file a complaint in the | manner and form set forth in
this Section or shall order | that no complaint be issued and dismiss the
charge with | prejudice without any further right to proceed except in | cases in
which the order was procured by fraud or duress. | Any such order
shall be duly served upon both the | complainant and the respondent.
| (2) Between 365 and 395 days after the charge is filed, | or such longer
period agreed to in writing by all parties, | the
aggrieved party may file a complaint with the | Commission, if the Director
has not sooner issued a report | and determination pursuant to paragraphs
(D)(1)
and (D)(2) | of this Section.
The form of the complaint shall be in | accordance with the provisions of
paragraph (F). The | aggrieved party shall notify the Department that a
| complaint
has been filed and shall serve a copy of the | complaint on the Department
on the same date that the | complaint is filed with the Commission.
| (3) If an aggrieved party files a complaint
with the
| Human Rights Commission pursuant to paragraph (2) of this | subsection, or if
the time period for filing a complaint | has expired, the
Department shall immediately cease its | investigation and
dismiss the charge of civil rights | violation.
Any final order entered by the Chief Legal | Counsel under this Section is
appealable in accordance with |
| paragraph (A)(1) of Section 8-111.
Failure to immediately | cease an investigation and dismiss the charge of civil
| rights violation as provided in this paragraph
(3) | constitutes grounds for entry of an order by the circuit | court permanently
enjoining the
investigation. The | Department may also be liable for any
costs and other | damages incurred by the respondent as a result of the | action of
the Department.
| (4) The Department shall stay any administrative | proceedings
under this Section after the filing of a civil | action by or on behalf of the
aggrieved party under any | federal or State law seeking relief with respect to
the
| alleged civil rights violation.
| (H) This amendatory Act of 1995 applies to causes of action | filed on or
after January 1, 1996.
| (I) This amendatory Act of 1996 applies to causes of action | filed on or
after January 1, 1996.
| (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; | revised 8-19-05.)
| (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| Sec. 7B-102. Procedures.
| (A) Charge.
| (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.
| (2) The charge shall be in such detail as to | substantially apprise
any party properly concerned as to | the time, place, and facts
surrounding the alleged civil | rights violation.
| (B) Notice and Response to Charge.
| (1) The Department shall serve
notice upon the | aggrieved party acknowledging such charge and advising the
| aggrieved party of the time limits and choice of forums |
| provided under this
Act. The Department shall, within 10 | days of the date on which the charge
was filed or the | identification of an additional respondent under paragraph
| (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
| 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
| 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 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
| the investigation of the charge is pending.
| (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.
| (C) Investigation.
| (1) The Department shall conduct a full investigation
| 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.
| (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.
| (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.
| (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 |
| Chief Legal
Counsel of the Department
within 30 days of | receipt of notice of dismissal or default.
| (D) Report.
| (1) Each investigated charge shall be the subject of a
| report to the Director. The report shall be a confidential | document
subject to review by the Director, authorized | Department employees, the
parties, and, where indicated by | this Act, members of the Commission or
their designated | hearing officers.
| The report shall contain:
| (a) the names and dates of contacts with witnesses;
| (b) a summary and the date of correspondence and | other contacts with the
aggrieved party and the | respondent;
| (c) a summary description of other pertinent | records;
| (d) a summary of witness statements; and
| (e) answers to questionnaires.
| A final report under this paragraph may be amended if | additional evidence
is later discovered.
| (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.
| 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.
| (a) If the Director determines that there is no | 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 | Chief Legal Counsel of the Department. The
Director | shall make
public disclosure of each such dismissal.
| (b) If the Director determines that there is | substantial evidence, he or
she shall immediately | issue a complaint on behalf of the aggrieved party
| pursuant to subsection (F).
| (E) Conciliation.
| (1) During the period beginning with the filing of
| 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.
| When the Department determines that a formal
| 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.
| (2) The place fixed for the conference shall be within | 35 miles of
the place where the civil rights violation is | alleged to have been
committed.
| (3) Nothing occurring at the conference shall be 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.
| (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.
| (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.
| (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.
| (F) Complaint.
| (1) When there is a failure to settle or adjust any
| 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).
| (2) The complaint shall be filed with the Commission.
| (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.
| (G) Time Limit.
| (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.
| (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.
| (H) This amendatory Act of 1995 applies to causes of action | filed on or
after
January 1, 1996.
| (Source: P.A. 94-326, eff. 7-26-05.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 6/15/2006
|
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